Item C16 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Airports
Bulk Item: Yes XX No Staff Contact Person: Peter Horton/Pedro Mercado
AGENDA ITEM WORDING: Approval of a contract with ESCO as a sole source provider for
purchase of EMAS blocks for the western end of the runway at the Key West International Airport.
ITEM BACKGROUND: The County previously installed an EMAS bed at the eastern end of the Key
West International Airport as part of the Runway Safety Area improvement project. At the time, the
pond at the western end of the runway was reconfigured and the length of the overrun area was
extended. The County has now obtained approval from the FAA to install an EMAS bed at the western
end of the Key West International Airport Runway to increase the safety of the overrun area. ESCO is a
sole source provider of EMAS blocks.
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
N/A
......................... ..... . ..... . ..
STAFF . ......... .......RECOMMENDATIONS:
Approve
TOTAL COST: __$3,2,17,733 BUDGETED: Yes XX No
COST TO COUNTY:N/A SOURCE OF FUNDS:FAA/FDOT/PFC
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH— Year ................
CC
APPROVED BY: County Atty OMB/Purch0in'g Risk Management
DOCUMENTATION: Included -XX--- Not Required
DISPOSITION: AGENDA ITEM
Revised 2/05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting ate:July 1 ,2014 Division: Airports
Bulk Item: Yes XX No — Staff ContactPerson: Deter Horton/Pedro Mercado
AGENDA I :Approval of a contract with ESCO as a sole source provider for
purchase of EMAS blocks for the western end of the runway at the Key West International Airport.
I e County previously installed an EMAS bed at the eastern end of the Key
West Inte ational Airport as part of the Runway Safety Area improvement project. At the time,the
pond at the western end of the runway was reconfigured and the length of the overrun area was
extended. The County has now obtained approval, from the FAA to install an
EMAS bed at the western end of e Key West International Airport'Runway to increase the safety of
e overrun ea. ESCO is a sole source rovider of EMAS blocks,
RELEVANTPREVIOUS N:
n/
CONTRACT/AGREEMENT S:
STAFF R.ECOMMENDATIONS:
Approve
TOTAL COST: 3,217,73 : Yes XX No
COST TO :N/A SOURCE OF FUNDS:E—
REVENUE
Yes,___, No XX AMOUNT PER MONTH- Year
APPROVED ® County Afty OMB/PurchasingRisk et
S
DOCUMENTATION:
dude .�.__.........._.w NotRequired____
DISPOSITION:.._ AGENDA ITEM#
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
........... ............ -——-----------
CONTRACT SUMMARY
Contract#
Contract with: ESCO Effective Date: 7/16/2014
Expiration Date: 5/30/2015
Contract Purpose/Description: Contract with ESC O as a sole source provider for purchase of EMAS blocks for
the western end of the runway at the Key West Internaflonal Airport.
Contract Manager: Peter Horton #5200 Airports-Stop#5
(name) (Ext.) (Department/Stop)
for BOCC meeting on: 7/16/2014
....... Agenda Deadline: 7/1/2014
....................
........... ...........
CONTRACT COSTS
Total Dollar Value of Contract: $3,217,733.00 Current Year Portion: TIBD
Budgeted?Yes Account Codes: TBD
Grant: FAA90%/FDOT5%
County Match: 5%
ADDITIONAL COSTS
Estimated Ongoing Costs: For: .
(not included in dollar value above) (eg.maintena ce,Utilities,janitorial,salaries,etc.)
.................. .................... ........
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No
Airports Director -6-/—zk
P r)'Hort
Risk Management
r Ris Mana
0.M.B./P u r c ds-i'ng 1A g�7nt
for
County Attorney
y
Comments:
—--—-------- ......
Monroe Counly
Key West International Airport
EMAS lisnprovements Departure end of'Runivay (27 end Safety As
Date: July, 16,2014
Engineered An-esting Systerns Corporation (Y"SC,110)
2239 Ifig:h Ilifl Road
Logan Township, 1',U 08085
ESCO will, provide materials as ideraffied herein and on-site suppoift strvrces to
facilitate the installation of' Enginected Materials Arresfing System (EC vl,AS) bloc],,,.
systern. JESCO agrees, tau the materials and equipment defined below,
transporiMion and insurance; and to ptiovide,on-sile support servius as mollded to assist
41 the Clontractor's (Contractor or General shall refer to the firm selected
and paid by the Owner to pave fonin ftite proJect construcdon) perfomiance ofits vVork to
dre satisfaction of an(l in compliance with the directions of the Owner and 0%vntl�r'-)
Emginetx.
Tlu-,, Monroe County Board of Coianty Commissioners (hereinaftei refin-red to as The
Owner) agrees this Contract does not obligate ESCO to provide the overall design fior
the EVIAS pioject or its sub-base, to construct 0.ie bed, or install the EMAS, and the
Owner shall Make arrangements separately for thcse seivices, However, as conditions
of ESCO's warranty, the Owner must return control of their, installers and cono-actors
alrd MUSt reqUirC thHt 0108e J)Cisons oj entities coc)perate to allow ES ACC to review t1W
construction dlocurnents ffir comphance with ESICO'S instatlati��)n specifications and
Wananty Requirements. Contractor must perform installation, ofEMAS in accordance
with the mquirements o[ the project design, drawirq�:s, specifications and installation
Statement of Work,
Total Price $3
EEC O shall provide-
1 2010 EMAS blocks ($1,278.00 each), Blocl�,.s will be invoiced ore as inonthly
I
basis and be based on nuniber of blocks stored and insured at or near IESCIO's
Log,an Township, NJ facility when produced Each block invoiced 1 r201 O'�' of'
the total price for blocks, Price For this itern $2.15-682282
2. Shipping: ESCO to ship blocks to flie Aiqjort to niect installation schedule
(completed no Il�ater than May 30, 2015). E'SCO wHl 'armr sh Owner wifli
evidem,x,, that the materials -are insuied against q,,.,arg() loss and darnage during
shipping to the Airport, and that the Owner is listed as an additional insured on
ft6ght carrier's insurancz policy, Sh pf..aing, to be invoiced monthly based on
perclentage ofcompletlon of shipping, Plice for this iteni $263,602,
1 Installation support materials: dt6ris deflector, Imcker rod, (;aWk, scayn sea],
side coating, side vents and El .AS block arlhesve, ESCO will also provide 1%
the toral nurnber of blocks identified 'M Paragraph 11 above as �Tares to
replace reasonable losses du6r% shippiwig, These replacement blocks will not
be separately priced, and any rephacernerif blocks not i.ised duriqll the
installation will be loaded by (2ontractor (along with other anused materials and
sl�Iipprng trimletials) and FeWlllt.d W 121SCIO WithOUt C37edil to fllt' OWMT.
Installation mateiials to be invoiced as they are Stored at (�w near ESCO's U�)gan
Township, NJ J."11.1cility, f1rice for this ilein LS-210-2,10q
4. ES(-"O's onsitc, support servk,,es (installation advisors for the block irtSiallation),
Owner must make it a condition of their construction contract that Contractor
will be trained by El�CIO on the piopeir handtingg and p acerlleFll cat"the EMAS
material and redated subjeefs during the in fitial phase of the installation. ES( 0
shall inorritor the progress and quality of time work, ESCO shall notify Owner if'
Contractor deviates frorn manufacturer's sj.,)ecifications fbn ijnStallatrioo of all
EMAS or the Statement of Work. ESCO shall instruct Contractor, as hired and
paid by Owner, on in specifications and requirements prim to start of
installation, histruct airport maintenance erm on EIVIAS bed ri-raintenance as
oudined in the I (Inspection y4a.interiance & Repair) maniaal, confirm
installation is in compliance with the United Slates FAA Advisory Circular
150,/522012A. Any n-taterial losses incurred diming the installatiorl by the
installer hired by the Owner shall be invoiced separately by ES(.:O al the same
mul. price identified in pankgralph I above, plus shipping. Pricing fi)r the cmsite
support service is predicated (.-.)rl installation of tire FMAS block system being
c,onipleted no later than May 30, 2015and availability of eight (8) daylight hours
per workday, for five (5) consecufive days per weeP, exclusive of weekends, If
the installation is delayed beyond that firlie or there are signifteml deviations
ftom availability of daylight lunn's, hours lier (lay or(lays per week, ESCO shall
be entitled to an equitable adjustrn(�Mt ofits, compensation for provk1ing onsite
support services. ThiS SUPPOlt Will be invoiced monthly based on the percent of
completion ln. that time Price fan"this item $1,76301
5. 1'errns & conditions, The Conftact uself is riot an authoitzation for ESCO to
ship goods or begin peribrinance in any way. ES CO rna,Y beg irl j-,wrforrnance
only after it has received an duly issmed purchase order against the (,ontract, The
Owner will nssrre an PLI[rclmse order against flie, Contract directly to) ESCO withirl,
ten (10) days of FAA grant award, AH purchase orders shaH be in w1itten or
electronic form, bear the Contrast nurnber (if any) arnd corliply with all other
co ntract requivements, 'Fite Owner will pay FSCO in accordance vviffl the
Flofida Prompt Payment Aclt, Fl(mida SUItUCS Section 2 l 8,735, EESCO shall not
be entitled to payinent unless and until it submits to the Owner invoices vinfflr
suppoi,ling doculrnentafirrn acceptable to thc Monroe Counly Clerk of"Coun, of"
whin-elm may irtclude pailial and final releases and waivers of hen-1 releases and
waivers oflien from all contractors and SLibcontractors of ESCO and of any and
all parrie�s requmed by the own(T, AcceptabHity to Ifie Clerk is based on
g:enerally accepted accounting PrUmples and suchi 'la ws, rules and regulations as
may govelm the Clerk's disbursal of funds. The County designates the Clerk of
2-
Courts as, its agent under dlie Local Governnient lPrompt Payment Act, Florida
Statues Section 218.735. Any amount un�:Xfid 30 days after the invcftc dalk", jS
su"ject to irnerest at [lie rate of I'Yo per monfl-it or the mx6trium rate aflowed [)y
law on the unpaid balance, Ownt,.r agrees to pay any exIxmses incurred in
collecting urqmid ba�anc,�5 inx,,Iuding attorney's fees and costs, 'The Owner agrees
to pay ft)r EMAS blocks and installation materials, %VNch aarc saored at or near
11's , With
ES'C'0 L,ogan 7ownship, NJ plan�, pmvided ES(,70 furnishes the ownel,
evidence of' quatity and qu'Mtitly of' the EMAS bk)cks, 'nic and risk: of loss
transfers at the firne ofirtivoicing, Price includes insurance l:bolicy, provided by
F'ISCO on behalf`of the Owner, by adding the Owner as ,iri additiomal insured on
such poficy, against loss by damage, to or (,It sappea ran ce of' such blocks at any
fime prior to successful shij�lment to the Key'West IntCl-Ilatinnal Airport
6. 'I'mal p6ce corr�prises 2010 (4' x 4') jc t bhast-resistara (JM) EMAS blocks
(JEMAS arrestor tm:ld size271' x 12'(p approximately) and associated instafladon
s uj.-q)or1 as described above. Prices will be prorated tip or down if the final bed
sizc approved by FAA. is larger or smaller than described herein.
7. Noticle to procee(J (N'T'P') is granted ul.ron full eXCCLItion of this contract,
Shipment of block's will begin a¢ a thnc,, niwuafly ,igrced upon between ESCO
siand the Owncr as reqtriin:A ut Yneet the ontractor's schedule, ESC0 will mak.0
good faith, reasonable efforts, to accoinr110dartC the schedtile, established try the
contractor reuained to construct the FMAS [led, prov4]ed that ESC"O 1s given
sufficrent advance notice of the sche(Me, Owner undersoinds price to be
adJusted for extended storage if the blocks are stmed for more, tlraa.rr two imonths
treyond the target date for hisuallation in 13,53CO's storage feacility (cost
$4,500.00 tx.,,r month) oi more than two weeks beyond ta.rget ins:tallation Stlirn ill
the trai Ier":; onsite ($1,000,00 per trailer per rnonth),
8. Once the blocks are shipped to the Aiij)ort, they are to be swred in traileirs at as
secured locdtion until firne for iinstallafion, Storage site at Airport to bc
provided by Owner at no chuge tc,�� ESCI'0, Blocks will be shipped starting
approximately 2 vveek,s prior to installafion start, CuTitir-,:ucAor shall imrrtediately
assuriae iesponsibifity for the control and corKlition of the Nocks and installation
materials at the airport. Loading and unloa(fincy of EMAS blocks and
installation sup�.-)oit materials ahaIl lbe by Contractor tinder t1w guidance of'
ESC.Vs installation suppon pensonrtel,
9. WARRANTY & LIABILITY -- NOTWITHS'll"ANDING ANYTHING '110
111., 1.fONT14ARY HEREIN OR, IN ANY OTHER ItOCUMENT OR
AGREEMEN'11' PERTAINING TO Tlffll�', EMAS, ESCIO IS Nur
Jqj()VrjD1NG ANY WARRAr,4TY, INDEMNITY OR HOLD HNIMLESS,
11'0 ANY PART),` EXCFPT AS SPECIFICALLY PRO VrIfC1ED IN ESCOIS
S"I I A,1114DARI) II XMIT11111) WARRANTY, WHICH Is
ATTACHEDHERE70. 1111E OWNER ACKNOWLEDGES THAT UP
HAS 111AD '1111,` BENEFIT OIF COUMSFI, IN LINDIaMSTAMFNIIVGI 117S
KIGIIITS UNDER THIS PURCIIIASE ORDER AND THE I.I.Mil,m)
WARRANT yr EXTENDED TO IT BY ES CO.
-3,
10. Semi-annual inspections of the installed EMAS to be provided by ESCO for one
year after date of final acceptance at no additional cost.
11. No sales/use or other taxes are included in the above figures, and under no
circumstances shall ESCO be liable for any sales, use or similar tax. In the
event sales and/or use taxes are levied against ESCO by either the State,
County, City or municipality, the Owner expressly assumes liability for any
such sales/use or other taxes.
12. Either of ESCO or Owner shall have the right to terminate this Agreement
following a material breach by the other party if the party seeking to terminate
has provided the other party with sixty (60) days written notice specifying such
breach and the other party has failed to cure. In such event, this Agreement
shall terminate and ESCO shall be entitled to receive from Owner payment for
the percentage of services performed through the date of termination, including
EMAS blocks and installation materials produced and not shipped.
13. Airport work hours available from 10 PM to 6 AM. and a 5 day work week.
14. FAA contract clauses are attached hereto as Exhibit I and shall be incorporated
as if fully restated herein.
15. ESCO shall provide insurance as required on the attached sheet prior to
beginning delivery of materials (Exhibit 2).
16. Purchase Orders, No provision of any Owner issued purchase order or other
Owner document shall alter or add to this Agreement.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY,FLORIDA
By--.,- ........ ---------- By._.... ....................................
Deputy Clerk Mayor/Chairperson
ENGINEERED ARRESTING
SYSTEMS CORPORATION
. ....................
0. �e"ntT�hompson
Title: -t C/ President-Logan
T RNFY
OE CO N
VE M
,,Agg'jS"rANT ATTO 44EY
,4-
Date.,
Exluflbft I —]''edeiral Aviation Adminisu-mion required contract daUSes
ExIiibit 2 - INSURAI'qCE
ESCO shall carry and mantain at least the minimum insurance as Specified I)elow undl
completion and acceptance of ffie work,,
Exhibit 3 --- ESCO's Standard Limited Warianty
Exhibit 4, - Munroe County ii,equired contract clauses
EXHIBI,r i
I
F WIRED CON'll"RACT CLAUSES - E UIPMENT
I—A...' '.....-IQ. I ---Q..............................
BUY :MIERI :;" l°'N1f PREFIERENCES
(a) The Aviation Safety and Capacity Expansion yct of 1990 provides that preference be, given
to steel an(I manufactured products produced in the United States when funds are (:sxpended
Pursuant to a grant issued under the,Airlsod linprovernent Prograrn. T'he following terins apply:
I, Steet and inailUlfactuivi pioduus,, As used in this clause,, sut,;l and nianufactuied
products include (1) steel produced in the United States or (2) as rnanufactured product produced
in the United States, if U.-le Cost ofils (,,,orrq-nonents mined, prodUced or manufactured in the L.Mited
Staies exceeds 60 peIrcent ray" the cc)sL of all its cornponents and firral assembly has taken place in
fllie United States, Comportents of foreign arigin of' t1w sarne class or kind as the products
referred to in subparagraphs 1). (1) or(2) shall be treated as dornestic.
2, Components. As used in this cpa,USe, components ineans those arficles, inwerials, and
supphes incorpoiated direcdy into steel and manufactured products.
I Cost of Con-uponeras. This nreans the costs, for production of the components,
eXCILISiVC of final assernbly labor costs.
(tO The successful bidder will be reqUired to assure that only domestic meen and manUfactured
and suppliers in the
producls mull and used by the Clontractor, subcomntctors, material nrcrr
performance of ffiis cvilract., except those�
L, diat the US Departme.m. of''Fransportation has determined, under tire Aviation Safety
and ("alracity Expansion Act of 1990„ are not produced in the United States in sufficient and
reasonably available quantifies and of a satisfactory quality;
2. tlua the US Depaitment of Transpoitarion has determined, tinder the AMation, Safety
and Cap achy Expanson Act of 1990, that domestic preference would be hiconsistent vvith IN-I
public interest, 01'
3. that inclusion of domesfic niaterial will increase the cost offfie overall proJect contract
by more than 25 percent,
R I TY Al' ERICAN CER'.1"IFICATIE,
By submiffing a bid/proposal under (Ifis solicitation, except for those iterns, 11sted by the offeror
below or on a separate and clearly identified attachment to this 1:kVproposal, tire offeror cerffres
that steell and each rnanufactured I.irochict, are produced in the United Stales, as defined in the
clause, uuMy ATTICfiCM - Steel and Manufactured F'roducis ftnr Construction Convacts) and that
coinponents of unknown origin are considered to have been prodUced or manufaetured outside
the Uniled States,
Offeror's may obtain from fire coyner a lisfing ofwficles, materials and supplies excepted fyoni
this provkicrn.
Product
. .. Ommt mm u °.....
.prprlicati(mmm
pnccorl)crmc into all ccnnstrinctpanc and equipment 'If"ron,mmn°ements. Psiamr°ap°,nys fan.) and ( ) should be
placed in the so'Vpm.°itafion. 'I"'he Blm.mm American certificate should be I-Aaced in the contract
documents,
MmA..,m.mmmmce
Swim 9129 of the m vpumrp.cmmm. SalCLy inor Capacity Expansion A,ct of 1990
Title 49 t-➢.S,C=, Chapter 501
pffi� Program Guidance p,eltc.r pp 1-3
(1VIL RIGHTS .C"�"OF �fn: " r :"�. � "]II[11T : VI C' : : °pC°R. f.p'llf:°f:fpllp, CCf1 "r fC"fl f.Iipf."
REQUIREMENTS
During the p er'fcmrmani'ice of this contran n, the contractor, fcr, itself, its assignees and successc)is in
m f,interest (hereinaftern°a9�r'.nr6';*.i::� to as the "contractor') agrees
1.1 C ornp:np.p nce with Regiudallions. The.c°cc:mmmacn:tc:mr conn'myfly with the Rcn aapatpmrrns relative to
nondiscrimination diniacriminatmorn in fr'd IC"iffly assisted programs of Q:l'ic DGa"'part:m'n et''it. 4':nf Transportation
)hc.nehlinptcnr, P"'p:°tt.tT") Title 49, Code of Federal 'pfc fpm.ihatio ns, Pair 1, as tfnccy may be a r nc�.i��miled
fronna Um:nric, to thrie (hereinafter referred to as the pRcp.,mrpaa.tp:nrnnYs), which arc herein incorporated antc-:d by
ref:crcrmc e and mnnade a.part.of tpnus ccniU'aCt,
1.2 °pl"pne contractor, with rega.ird t:n) ifw, work perfmmrrued by it during the
c:, imtrrcac.t:, shall rnc:nt: discriminate on the gT.'c':acnrnds crf race, color, or national crndgin porn the S elecc onn
and me"t4'.rnt;io n of n;umip"ii:o ntln"ac"torss, R,rnc"puchn"g procurements nts of nnran,ti.,fials and leases o i,quipi:'rm,ent:.
"p`lu.,n contractor shalf not y°naa.m.ticip:nate either direcItly or indirectly in the disccrin-nnrraationn proh:pfrptc*.d
by section 2L,5 of the Regu la fians, including emyaloynnmncnt practic,,es when the contract covers rr
pmro raarrm set forth[ in Ajl.tpendix B ofthe Regulations.
pVA Solicitations or Subcointracts, Including Procurements of Materials and CnfcprnunlHimca.rt, In
all f r
solicitations y c°canamp�in�ctpt�pwcr bidding or r�nc f�pcntua�ntionn rnande by the c;cmrntrtiacctor° ar;forwwm�work,, to
c:mmmm� n'.it ncWn° n
tre pac.ffor.ixmed nunndicr aa. suafnccamntracmt, including pni"ocmnrennemnts of inatefiaa.ls or leases, of t,qnnp.pmmeut:,
each pacatcnrnfa l mmn.nfaccnmmrtnraacctor or supplier shall be notified by t:fic,e contra,t:mnr of the contractor's
is
a ap.nptgartions under this contract and the ffcv°sgulaatpons rrelaat'ive to rmorndisc:.runrm.unmaafioiun on Ore, pprrsui-mcfs
cmf race, color, or,national origin,
Lrp fprrformrraartpmnnam mid Reports. The ccarn.tr°amctcar shall provide a'aff tn°rfor'rnnartucrrrn and reliorts rcacupn.uired
p:y the Regulations or (firccdv s issuedpncmrmamaaarmt: therc��m�to and shall permit aaccicss v) As bc:nc:mks,
sources s• f n f�, ` � � y � y tp°imn records, aai G'"Grmnm."rt..b, d"mtp"ir"S." roi nnri 4., of nr"'nf'LLQarr1C.'lam,t r,°nr$ amlY:nm mt,w �n4.rpntnQ, as may be d ternn'tined b
..T..
Sp)onsor or, the 1[,'cderal Mkition Adminisiratiini (FAA) to be, perdnerit to ascerta4i compliance
wills such Regulations, orders, arid instructions. Where, any information required of as contractor
is in the":" exclusave possession of another who fails or refuse.s to frj ruin,,h this um"forniatiorA, the
m.Iofflractor shall so certify to tim sponsor or the FAA, as appropfiate, and shall set. forth what
eff(mrs it has made to obtahm the infoirnation,
1.5 Sanctions for Noincompliance. In the event of dia:° contrwor's noncomplhance with
nondiscrin.rination provis kns of this contract, the sponsor shall impose such cQmitract sanctions as
it or the FAA nlay determine to be appropriate, including, bUt not limited.to:
a. Withholding of paymenus to the c(mAra=r under the contract unfif the contractor complies,
and/or
h, CEMCeMld(111,UlMfiftufimi, or suspension of the connact., in whole, or in patio,
1.6 Incorporalim of Provisions. The contractor, shall include the provisions of paiagraphs I
through 5 in every subc.onnmacat, including pr(,-)(.,u1emeno; of' materials and leases of equipment,
tuiless exempt by (lie Regulations or difectives issued pursuant theretoa contract or Shall take
such action with respect to any subcontract or procinement as the sponsor or the FAA Tmiy cfirect
as a means of cnforcing such provisions irichiding Sanctions for noncompliance. Provided,
however, that in the event a(,,,ontractr,dr becornes involved in, or is threatened with, fifigafion with
a subcontractor or supplier as as result of such direction, the contractor may request the Sp.msor
to enter into such litigation to prote.c.1 the interests of sponsor and, in addition, the, contnactor
may requeM the United States to enter into such fltigutkm to protect. the interests of the United
States,
Application
Required in all contracts and subcontracts
Reference
49(i:FR Part 21
AC 150/5 100,15
A I R.PORI`AND AIRWAYINIPROVEME,NT A(L'I'll'OF 1982,SECTION 520 - GENERAL
CIVIL RIGH"I'S PROVISIONS
']I he coniraclor assures that it wfll cmviy with pertinent statutes, Executive orders aml sim-11h rutes
as are proniulgated to assure that no person shall, on tta, grounds ofrace, creed, color, natiorud,
ofigin, sex, age, or f[andicap be excluded from partictpating in any activay conducted Milt or
benefifing from Federal assistanc.e. This provision i,.Migates the ten anUc.oncession at f e/lessee or
its transferee for ffit! pmerki d during which 11i^ederap assistance is extended to the airlmn a prograrn,
(,-.xcept where Federai assisturalle is to provide, or is in the forrn of persorual property or real
preperty or interi.,st therein or structures c..)r improvements thereon, 1[n these cases the provision
obligates the party or any transferee for the longer of the folloxino pefiods (a) the period dwhig
which the property is used by the amq)or sponsor or any uunsfilree ft)r as pm:pose for which,
Federa[ assistance is extended, or for another purpose involving the provision of'similu services
or fWnefits or (b) the period during which the airport sponsor or any transferee retains ownership
or possession of the property. In the case of' (Nmtractors, this provision binds du! coritraclors
'8'
from the bid solicita6on period thimugh the completion of the conirau, This pmvisaon is in
addition to diw requffred of"I I itle VI of the Civil Rights Act of M4,
Application
Incorporate in all contracts funded uniijer ALP
ReNrence
Mr-pon and imay Inilnovement Act of ff 982, Section 520
Tifle 49 47123
AC 150/5100-15, Para, I O,c,
DISADVANTAGED BUSINESS El'14TERPRISES
C I
ontract Assurance (§26.13) - The contraom, or subcoTuractor shaH riot discr�lninime on the
basis of' race, color, national origin, or sem in the perfortinance oft
his c(.rintract. T'he contractor
shall cany OW applicable requirements ol' 49 Part 26 in the award and adrnu nistration of'
DOT' assisLed conuacts, Faih.ue by the contractor [c) carry out these rUjilirCATieras is a mateilal
breach of this, contract, which may result in the terrnirration of this contract or such other remedy,
as the recipient deeims appropfia(e.
Prompt Payinent(§26.29)---Refer to Article 9.2.7 of the Agreernent.
Application
The ilontract assurance claUS(, shaH be incorp(�)rated verbafia). The pmjnp �payment clause
represents sample Jangua[ge that rneets the requiremenus of 49 CTR Part 26,29, Recipients ShOUld
P-C'fer tO the,IfflIgLUlge included their approved DBE paiglarn
Reference
49 CFR 1�lan 26
LOBBYING AN])INFLUENCING FEDERAL EMP110YEE141;
0) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any
person for fiffluencing oi attempting m influence an officer or employee of any zigency, a
Member of Congress, an officer oi ernployee of Congress, m an employee of a Member of
Congress in connection with the nialdrig (.)f' dny Federal grant and the amendment or modificaticm
of any Fcderal gram,
(2) If any funds other than Fedexal appropriated funds have been paid or will be paid to any
person for infuencing or aHempfing to iinfluence, an officen m employce of' any aryency, a
Mefril)ei of' Conc,ress, air �)fficer �)r eniployee �)f Congress, or an enqfl.(�) ee of a Member of
0 t') Y
Congress in connection with ,my F'ederal grant, the contrac(or shall complete and submil
Standard Forni-ILL, "Disclosure ofl,obby AciiviOes," iri a(xmrdance with its instiructions'.
Application
Required in all contracts and subcontracis
'9..
Reference
49 CIT Part 20, Appendix A
ACCESSIN) RECORDS AND RE'llMrs
The Contractor shall unaimain an acceptable com accomkong system, The Contmcwr agrees to
proviale the Sponsor, the Federal Aviation Administraflon and the C,calipmrHer Genera8 of the
United States or any of their, duly au(horlzed representatives access to any E.)ooks, dOCUITsents,
papers, and records of the contractor wifich are, directly perfirient to thel specific contract for the
purpose of making axidit, examination, excerpts and transcriptions, The Contract'oj, ag'rees 1.0
maintain all books, records and reports required under this contract f:br a period of not less than
three years after final payment is made arv] all pendhig matters are closed.
Application
Incotporale into all procurement contracts that funded by AIIII funds
11eference
49 C'p'R Part �8,36(a)
FAA Order 510038
ENERGY (N)NISEIRVAIION REQUIREMEN'l.I S
'J'he contractor agrees to Comply with mandatory stanchards and policies oelafing to eriergy
efficieric y that are, contained in the slate eneq y conservation plan isstied in comphance with the
Energy Policy and Ornm-,-rvation Act (Pubfic Law 94...163),
Application
he regiflation does not 1,.)rescribe dre language for the requirernent. The above clause repr(',sents!
sample language Chat rnects Ihe intent of4-9 CFR Pan l 8,36(i)(I 3)
Reference
49 Cl:R Part 18,36
Public Law 94 16'13
BREACIII OIN"11)NTRACIT TERMS
Arty viola,fion or breach c)f temis of this contract on ffie pirt of the contnactor or dler�r
subcontractors may result in the, suspenaoon m ternimation of this ccmLract or such ohier action
that may be necessary to enforec the rights of the parties of this agreement, The duties and
obfigations imposed.by the Contrw Documents and the flghts and rernedies avaitatrle theretinder-
shall be in acfy don. to and not an firnitafiori of any duties, obligations, rigifts and, rernedies
c.&ierwise imposed or available by law.
.10
Applicaflon
The FAA does not prescribe the exact 1811-LMOC W bC incorpormed. The atiove clause represents
sample language that addresses the requirements of 49 CTR Part 19 36(u)(I), This prmision
ieqUiIeS grMflet,s w incorpotate adrujnistraAiVe, CWY(MdUal or legal iemeclpes in instances her
contractor's violate or breach comract wnis, Grantees shoWd cons0 with their legal counsel to
chtvelop the aj.,apropriate clausie th,,o meets the inininvurn requirements of'4 of CFR Ylart p 8 '16,
This provision us required in aH contracts that exceed the simplified acquisidon threshold,
presently set at $1 00,0W
Refei-ence
49 Cf,'R Part 18,36
HIGH'US) 'F OINVEN][I 10 MS
All rights to invenflorls and rnateriais generated under thiS COMMM &�R'e SUbJect ts) II egulations
issued by the FAA. and the Sponsor of the F'edere grant under which this contract is executed,
ApIplication
Incorporate 40o all procurernent contnacts that funded lay Alf' funds
Reference
49 UR Part 18,36(p)(8)
IFAA Order 510038
TRADE RESTRIcricii,q CLAUSE,
The CIC)Wractor or subcontractor, by submissiorii of an offer an(Yor execution of a contract,
certifies that it:
a, is not cm ed or controfled by one or more citizens of a foreign country pncluded in the
fist of countries that disc rin fi nate against U3. firn-is pub fished try the Of of.the United
StatesTradc Representative (USAR),
b. has not knowingly entered into array contract or subcontract for this proJect with a
person that is a citizen or national of a. foreign country, on sand list, or is co%,ned or
controlled directly or in(firecfly t)y one or More cifizens or nationals of an foreign commy
on sald fist;
c. has not procured any product nor suibcontracted for the supf.fly of any product for use
oil the project that is PMCILICed �n a foreign corintif, on said list.
Unless the restrictions of this clause are waived by the Secretary of Tiansportation in accordance
with 49 CFR 30,tyro no (;omrad. shap be awarded to as cow raclor or, subcom ractor who is unable
to ceolHy to the above. If the contractor knowingly procures, or subcontracts for flee supply of
any product or service of a foreign country on said fist for use on the pro_jecl, the Federal
Aviation Administration may direct through (lie Sponsor caincellation of the Contract at Tro cost to
the Giovernmew,,
Funher, the contractor agrees Idea(., if awarded a contract reSL11ting from (lirs solicitatlon, it will
incotpirate this provision fore certification without incidificatilon iii�i each contract and hi all lovver
tier subcx)ntracls. The contractor may rely on th(, certification of a prospective SUbcontractor
Ulflh,tSS it has knowledge that the certification is erroneous.
The contractor shall povide inrinediate writieln nofice to the sponsor it the contractor �earns that
its certification or that of a SUbconlractoi was erroneous when submitkA or has become
erroneous by reason of chang,ed cirCLUnstances, The subcontractor agrcc s to provide written
notice to the comractor if at any time it learns that its certification was erroneous by reason of
changed circlumstances.
Tifis certificafion is a materiai repesentation of fact upon which reliaince was placed when
making the award. If it is IaLer de�ernfined that the contractor or subcontractor kmowincyly
0
rendeied an erronecois cerdfication, the Federal Aviation Administration may direct d1rOUgh the
Sp)nsar cancellartion of the contract or Rjbco jtrrjCt for default at no cost to ffie Government.
Nothing cornined in the foregoing shall be constwed to require establishment of a Systern of
records in wder to render, in golod faith, the certification required by th s provision, The
knowledge and inforination of a contractor is not rtNjuired to exceed Lhat which is norl-nally
4p
possessed by a prudenii person in ffic ordinary counse of business deafings,
1'his certification concerns a niatter withki (lie
Jurisdiction of an agency of ffie United States of
Anicrica and the making of a false, fictitious, or fraudulent cerfificafion may render the maker
SUbject to proseCLIUCMI WIder'"fitle 18, United Status Code, Section 100 1
Application
Incorporate into all contracts funded by Al]?m
lRxfeireri ce,
4 9 CI1
FR P,,.Lr( rift,1,3
FAA Order 510038
VETERAN'S PREFERENCE
In the einployinent of labor (cxcep in exccufive, arhninistrative, and supervisory fmsitiorls),
preference shall be given to Voerains of the Vietnam era and disabled veterans as uJefined in
Section 5t5(e)(I) and (2) of. the Airpol't rind Airway lnij�aovefnent Act of 1982. However, this,
preference shall app y only where the lad ividuak are available and quaffied to perform the work
to which [tie employment relates,,
Application
Incorporate into all construction coirntacts financed undejr the AIP program.
.I'1Z
Reference
Tifle 49 LJSX,'o adz 112(c)
Advisory Circular ��50/5100-6d
TIERMINAT]ION 0]",1 CON'HtACT
2. The Sponsor may, by Written notice, terminate, this contract irt whole or in pzut at ally filne,
either for the Spirmsor's converuence, or because of faifiire lo fulfill the contract obfigatiom.
Upon reccept of'such TINACe services shall be. immediately drscontinucd (tualess ttie notice directs
offierwisc,) and all rnalerials as may have tVeen accumulated in performing this contract, whe.ther
cox.np�)Ieted or in progress, delivered to the Sponsor,,
b IIT the texlniflotfion is for the Convenience of the Sporrll)r, an NjUilable ad.justment in the
cxl")rltract price shall be Tmadel, but. no amount shall be allowed for anticipated piofit un
uripefformed services,
c, 11'the tertninafion is slue to fifflUl-e M fiAlfill the ohligations, the Sponsor rmay take
over the work and prosecute the same to cornpletion by contract or otherwise, In such case, the
contractor shall be fiable, to the Sponsor for any additional cost occasioimll tc'a thc Sponsor
flicreby,
d, If, aftei notice of termination for fifilure to fulfill contract obli(PC�ations, it is determined that the
contractor had not so faded, (lie shall be deerned to have beerl effected i'm die
converfience of the Sponsor, Irk such event, adjrristment in the coriamill im-ice shall be rmude as
provided in panagraph 2 of this clause
e The fifffils and rerne&ues of the sponsor pnu )vided in flik clause are irl, addition tcu ally othr.-iT
r�ghts and renledies provided by law cur under this contract
Application
incorporate into all procurement contracts that funckel by All? funds that exceed $1 0,0M
Reference
49 CFR Part 1836(i)(2)
FAA Order 5 10038
(",EIRTWICAIPION REGARDING DEBAREMEN]""31JISPEINSi.01N,INELIGIBIL171"Y
AND VOLUNTARY EX(.1,11SION
The bidder/offeror certifies, by submission of this proposal or acceptance of this conuact, that
rue-pthcr it nor its principals is presendy debarred, suspended, propc)seil for debarment, declared
hreligible, or volumartly c:;xcludcd. from pa.MclpaHon in 0-lis tranvacdorl t�.)y any Federal
deputmenl Or aIgellCyl It fk1j-fliri agrees by submitting flfis proposal that it will include this clause
without modification in all lower. fier Iransactions, solicitations, prol,-.)osals, contracts, and
-13
s ubco n tracts, Where tire t)iddeu/offei,oi/ccunti-,�ct���)r oi any lower tier pwficipant. is unable to
certity to this maternent, of shall attach an explanmion to this softitation/proposal.
Application
Incurpor,ate inio all contrws that exceed $25,000, which funded under the All",, Incorporate in
,fli contraCLS for audking services uegardless of die con raet amOUnt.
zn
Rererence
49 CFR Pair 29
FAA Order 5100 38
CLEAN AIR AND WA,TER 1-'OLLUTION CONIIRO]I
Contractors and st.ibcontraclois agree:
a. That array facility to be used in ft,. performance of tire contract or subcontract of to benefit
fromnn the contract is not fisted on the Envirmirnenuil Protection Age.ncy (EPA) L,is( of Vio afing
Facilities;
L To comply wilh all ffic re(,jurr'eawn(s of Sevion .114 of' flie Cte.an Air Aut, cS fflflended, '42
U,S�C 1857 et sul. and Section 308 of the Federal Water Pollution Corftn,:)I Act, as amended, 33
US�C. 1251 et seq, relating to inspection, monitor ng, ent.ry, reports, and information, as well as
all other requiretnents specified. in Section 114 and Section 308 of (he Acts, respeclively, and all
wher rvy0uladons and gurdefines issued therrminder;
c- That, as a condidon for the award of this contrau, the contractor or subcoritracLor will notify
the amiarding official of the receipt of any commurfication ftom the EPA Micating that a fimllifity
to be used for the i,.)erfojma,nce of or benefit frorn the contract is undei consoJeration t�o be liste'd
on the EPA Ust of W-fladnc Facifitim
0 1
(.1, To include or cause to I.-)e included in any constluction contrac�t m subcontract which exceeds
$1,00,000 the aforemenfioried critefirraand re uit-CITIOMtS.
Application
L.-worpoi ate in all contracts and subcointracts that exceed nisi MOM
Reference
49 CFR Part 1.8,36(�)(I 2)
Swim 306 of 111c Cle.an ,Air Act,
Section 508 of the Clean Water Act
-14
CUSTOMEER INFORMATION
Customer
Corporate/Headquarters:
Street,.. o rat 14 a CA
am,. .__....
City,state, zap .�.��,,
elehoe er _ _ .� � .
Fax Number r -2- Li
Main Contact
Name . �. ..,. � ._ .m._. ,._.. ..
Telephone Number , .. �?.. .. .. ... _......
Email Address ..:. �nJ(Z nar C Q,)J _'1.—.FL 61 t�t�
Delivery Information
Delivery Location:
Street..................................I. :.. ..._..... n �. .mm . . � ::.._........ .�. ... ��........���__.. ._.
City,State,Zip ,..,...... _, .` . _.. ...�.........: ... 0 I IT ...
Telephone Number � _ q ....._5 2—0. ._..._..
Contact at Delivery Location ,a....,� C...._ � ......_.._
Invoice Recipient
ContactName ._ ._ ......... .m ....�° ... .:..
Street
City,state,Zip ..._._,._ m . . ...� ..Uj .. � ,o . .. . �w..,. .�. f ....__ ._.......
Telephone Number
Email Address ca✓ µ ., i °, u . C �a� o " G .. Gja�CI
-15-
EXHIBIT 2
INSURANCE
ES CO shall carry and umnmiintairi at 11east the minimum urisuiance as specified below unfil
comple6on and, acceptan(-,;C of the work.
I
INSURANCE,REQUIREMENTS FOR
ESCO
Ptior to ilie cornmencemera ofvvork governed 1by this conuact incJuding the pre-staging
Of personnel and material the ES('-,'C) shall obtain at its own expense insurance as specified
bt:,,low. ESCO will ensure that the insurance obtained will extend prolection u,) all Sub
Contmctois engaged by ESCIO, As an afternative ESCO inay require all Subcontraclors to
obtain covrmparable insurance.
E",'SCO ,will not be permittexi to comrnence work, governed by this contract () nowt udhij; pje
staging ofpersonnei and material) unfil satislactory e.vidence of'the required insuirance
has been furnished to the C'ounty as specified below. Delays in the cominencement of
work resulting fruni the faihjrc,of"ESCO to provide satisfactory evidence of dre required
inSUrance shall not extend deadlives, specified in this comractand any penalties and
failure to perform assessrnentr,'u shall be inipon�ed as if the work coinmenced orr the
specified date and Gym except ftm CO an failure to pan-ovide safisfaoory evidence.
EISIC0 shall unaintain the required insurance throughout the en ire term of d6s contract
and any extensions nap ecii1ed in any attached scliedules. Failure to comply with this
provision may resull in the himlediate suspenskm of all work until the required inswance
has been r6nstated or replaced, E)ehays in the completion of work resulting frown tp e.
failure of ESCO to m1lintrain, the requirre
a.j insurance shall riot extend deadlines specified in,
this clontra(�,,t and any penalties and faflum to perform ameSSM(MIN Shcdl be iMposed as if'
the work had not been suspended, except ft)j., ESC: O s faflure to rnaintain the requi,ired
insurarim
E I I
�ISCO will be held responsible for all deductible.s and seLf insured retenfions that may be
contained in ESCO s Insurance 1,)oficies.
ESCO shall provide to the County as safisfacu)ry evidrencIle of the required insurance
eithm
Certificate of Iris uiance
or
A Certifiect copy oftlic actURI unsurancc policy.
The County, at its sole opt icm har'S thle fight to request a cerlified copy of any or all
insurance, policies required by this contract.
The acceptance and/or approval of ESCOs insurance sliall not be construed as i[elieving
EISCC) from any.liability or obligation .1ISSUmed U11CICr this contract or imposed by haw.
1.6-
I I
The Monroe County Bwmd o[COLITAy CurrlMuSSioflelS its ernployce�s arid affi(Jals wH1 bV,
inctuded as "Additional Insured" on all jx)licies except for Workers Compensation.
Any deviations from these Genexal IJISUrance Requirements must be requested in mi6fing
on ffie County prepared form entided"Requiest Aw Waiver OfInStlrancie
Requirernents", and approved by Monroe("'ounty Risk, Management.
.iiiw awn PROPERTY/BUMDER'S RISKANSTALLATION Y'1[,0AJ'EI1
'.—. ....................................................................................................................................................................................................................................... ...........
Pf ior to, the Commence nu,,.,ni of work. governed by this, contract,F"SCO shall ensure that
the fa MAS blocks being purchased under this comract shat] be insured on an "A,ll Risk"
basis, to include the perils of Flood and Wind, w'�[h lirrits no less than the Rep acernent
Cost Value,of EMAS Mocks being purchased by the Covei age shalp be
maintained unfil the EMAS blocks are receNed by the County in Key West, HoHda. As au
mininuirn coverage shall extend to the following peffls�
f'lre Lightning Vandahsm'
SprinMer Leakage Sirildiole Collapse Falling Objects
Windmorryl Smolice Explosion
Civil Commotion Aircraft and Vehich- Darriage 110od
0
In addition ESCO shall provide, or arrange for the EMAS blocks to be insured as
specified above while they are being transported to Key West, 1-n'porida,
The Monroe, County Board of('-'ounty Commissioners shall be, named as Loss Payee on
,ill policies rsrauued to safisfy the above requircriwnts,
COMNIERCIAL GENERAL LUBILITY INSURANCE
.................. ........................
Il"rior to the cornmencemenL of work gow"med by this corm act, 11 SCO, shall obtaain
General Liability Insurance, Coverage sha]l be inaintained throughow tlic� fife of the
contract arid. include, as as minimurn:
Prendscs Op erafions
Products and Completed(3perafions
BlankeL
Persmml Injury Liability
Exparided l3efinition off'roperty Darnage
r�
The niirfirnuni hinitc, acceptable shafl be:
$1,000, 000 C'ornbi ned Single Limit (CSL)
An Occurrence Form pohcy is preferred If uweiage is provpdecl on a Claims Made
Polic'Y' its Pn')visiofis ShoUld include coverage firi clairns filed on or after the effective
date of this contract, In addition, the period for wNch clairns irnay be reporled should
-17�
extend for a mininium,oftwelve (1'2) m[onths following the aCceptaince of work,by thie
County,
VEIRICLE.LIABILFII'Y.Ill BSI RANCE
Recognizing that the work, governed by this contract may require the use of vehicles,
ESCO shafl obtain Vehicle Liability Insurance. Coverage shall be nudmairred diroughout
the fife, of the contract ancl include, a s as rninimurn, fiabifit.y covcsrage fie.ma
Owned Non Owned and Hired Vehicles
The minfimu m Jimits acceptable shall be:
$1,000,000 Combine.c] Single Limit (C'31)
WORKERS COMPENSATION AND EMPLOYER S E
Pi ior to ffie commencement ofvvork governed by this contract, ESCO shall obtain
I
Workers Com]pensation Insurance with limits sufficient to respond to Florida Statute 440.
1
In additioin ESCIO sha.11 obtain Ernp oyers Liability Insurance wiffi Urnits of not Jess than:
$500,000 Bodily InJury by Accident
$500,000 13odily [njriiry by Disease fpoficy finfits
$500,000 Bodily Injury by Disease eacIn employee
.ovenage shafl be rnaiwained thioughoul the einfire term of the contract.
-lR-
EXI[JIBIFF3
ENGINIPTIZED ARRIESTING SYSTEM,1; CORPOR AT]ON
EIIIMINEJERJ�D M.K.1'ERIAL AjRR]-1STJNG SYSTEM LEVIIJU) WARRANTY
---— ............ ....................................-..— -
ENGINEERED ARRESTII lG SYSTEMS CORPORATIOD,1 ("ESCO") wurants to the
Original Purchasel (the "Owner") of then ESCO Enghleejed Maerial Arresting SySLeril
("ENMAS") ffiat, for a, period of one year from the earlier of the date of acceptance, its
evidenced by a final acceptance docurnent s�gnic�d by tim Owner or 30 days from date
F"SCO noLifies Ownei that the EMAS is ready for acceptanc'e, alld Wb ecl to the
fin-fitafions stated herein, the EMAS arrestor bed (excludes base surface preparation)
conforms to the product specifications contained in the docunsents listed under section
enfided Applicable Documents This Warranty is expressly condifioned on the Owner's
sadsfying all of the following reque.m ent
er
C,
1, �vTAIPFMNANCE IESC,1'0 requires that the Ownei initiatic and fcoflow as
F rreventative rnaintenance prograni in accordance vvith the ESC(.) Inspection,
Mainteriance and Repair MaujUoj listed under flie chmse "Apj,-,)1j cable Documents".
1 RIGHT OF 'Iflic Owner shall piovide TIM-( with rvasonable
M access to the E AS after its instal lafic�n for the PLJIPCR� of conclucting semiannual
inspections, Reasonable acceSS .5hall i[IClUde, without firnitaLion, access c-iuring dayfigM
hours u) 1:-rerirnit careful vistual assessment c')f the corod fion of the FAIAS and aaccess to afl
records of rnaintenar[ce carried out by the Owner,
3, IMa;G'FALLA1110M ]"he installer must 1haawac SLJCCC-,SSfU1lY completed a tracrihig
session condUCted by ESCO dUring the irridat phase of the iiutallarion, Installation must
be in suict cornphance with ESCO's specificaLions, and proJect. drawings and Rlblllktals
upproved by ESCIO� Thera in-nist t)e no deviottions frorn [�SCO's spectficafions ca, ffic
apicroved project drawings and submittals, withoul the pfior written appiroval (if ES(U
During the eW.is(" ilIS(rallatic)n process and upori completion of the installaflon, the work
Must. be inspected and approved by as lechnical repre5&ntativc of T".113CO as conforfming
with ESCO's sl:=ifications and approved projedr diavvings and subll.�Jttals.
el
4, 11" thc, Owner belicives that it has ti claiin war-isng frorn the
failure of the EMAS to conform with this Warranty, the Owner niust notify I.,SC0 of the
clalm, within ten (10) clays after chscovering dre condiflons giving rise tc) the clailyl, arnd
i n a n y case before the Warranty period has cxpircd, All such nc)ficxs sliall lbe given by
certified mail addressed to Director ()f Qtl,ufit)l Assmance, Attention- Wairanty Claim
Engineered Arreming Systeuns Corlmration, 2239 High HiUl lRoad, Logrrj Townshil), 114]
08085, LfSA,
Failure to adhere, to any of the COTHELionS statied above shall void diis Warramryo
I
WAlsRANTY REMEDY If the Warranty set forth above is breached, ESCO will, at its
sole option, either(1) correct ffic non-cconfor1110Y W its own cost Within as reasonatfle fifnc12
aftei receiving notice of the breach, oiir (2) replace the non-confonn ing porlion of the
EMAS at its own cost w,gthin a ireasonable firne after receiving notice afthe tueach, The
,19"
Owner shaH &/e ESCX) reasonable access to the EMAS ffial allows ESCO to perform its
warranty obligarions on its ITIOSL cost eflfective basis possible.
EXCLUSIONS
ESCO shall not be hable for any darnacve to the EIMAS or other property alvibutable to
any of the R)Ih)%xing (or any (,,ombination thereof'),
1, Standing water in and around the EMAS bed,
I Vehicular traffic,
3, Airetaft ttaffic in contact with the EMAS bed,
4. Dainage caused by snow removal NjUipment flrra does not meet ESCO
spe.u..ificafions detailed under the clause"Applicable Documents",
5. Acts of nallure, including, but not finfiled to, fightning, flood, winds in excess of
100 IIIJAI, e',11111(ILIAC, I)IJILricane, tornado, hail stornk, or inipact of objects, 01 Other %60 ent
storrn or casualty,
6� Daimage caused by wild life indigenous to the installation location,
7, Rcpairs rn: altera,tions of 11he EMAS, unless uuCuumuuned by petsoniriel trained slid
qualified by ESCO and in a manner rneeting the ESC'O specifications and procedures
listed under the clause "Applicable DOCLIments",
R, E'�,xcessivc build up of'debris in and around the EMAS bed,
9. Inipact or contaii-t wal-i other objc�.-fts, spilled lkluids or immeision in fiquids
(including fuel dropped fron) over-flying z6rcraft),
10. Use offfic EMAS for purposes other than those for which ht is customarily used,
11, lrnpror,uer rnaintenance, abuse or other neglect,
12, EA13osure to chemicals offier than de-icer's and aircraft engine exhaust,
13, Jet Blast in excess of 100 niph, and
14, Daffrage or defect dUe W faulty, or improper w(�)rkniariship, including hiMalhalon
of the produa that is not in accordance with EISCO's published specifications and
insudlation recornmendations in effect at the time of instaflation.
15� Damage to the SAAS arrestor lied related to ot caused by flie base surtace not
being constrixted per the diawings and specifications. FS( 0 nrust check and accej.,ut
base surface prior t(:) the start of EMAS wiemor bed installation.
-20�-.
1,(5). Any sMbscqUcnt failure of' die ban z surfiace whether or no oricrinafly construcIted
n
Ina r the drawings and specifications,
APP1,K-I ABI-E DC)CUMENTS
ProJect fnswflafion Drawing No.
ftell-I P-5!55 Rev FIMAS B,�d hoallation by Prime Conliractor
17MAS (2uality Contrt,-)] plan for EMAS installation at XXXX Ahport, with assm,,Jated
Qutafity Contrrfl Instruckms,
S M------------------ epaflr ManUl
-, lnspecfior Maintenance and R
C"'ontract number
WARRAN17Y OF 1.,,1AB11,,1T)(
THE EXPRESS WARRANTY SET FURTH ABOVI.' IS 1-`,XC'UJS1VU AND NO
OTHER WAR RA NTIF.�.,S OF ANY KIND, WHEI'HER S"I'ATU'J"ORY, ORAT.,
WRE'17F,f.sN, EIXRIZESS OR 111APLU.1), INCLUDIIIKi ANY IMPLIED WARRANTY OF
1Cr1IERC,.11JAtvrAB1L1TY 01l[[". FITINF'ISS FOR A PARTICULAR I URPOSE, SMALL
APPLY. THE OWNER'S EXCII.A.MVE RI-MEDIES AND PX 'S ONLY
0131,1(33ATIONS ARIS1114G OUT OF OR. IN WITH DEF7[-e'C'fS OR
PNION-C.'ONFORMITIES rq nilE EMAS, WHE17HER BMIED ON WARRANTY,
CONTRACT, TOM` (INC1.1-DING NEGLIOJENCE) OR 011-1ERWISE, SHALL 131IR
THOSE STATED HEREI-114. N(.)TWITHSTANDING AN")( IPROVIS10114 1'0
C"ONTRARY IN ANY CON'"I"RAC' D00JMEN,.r, ESCO'' 1"'OTA11.1 LIABILUY ro
"1111," OWNER ARISING F"RrOM OR RELATM TO I)Ef°Ecrs OR NON,
CON FOR M ITIES 11N TIJE C�IAAS SHALL IBE�.� LIMITI''I TO 7111�' ORIG1114AL
PURCHASE PRICF'' 01' '111F 1',"MAS PAM TO ES(-D, F--"S(','O SHALL HAVE NO
LIABILITY TO THE OWNER. F�C)R JNCIDENTAI, OR C0P,1SEQUf-?.NT1Al,.,
DAMAGE!;. RrEGARDIA"ISS OF ANY STAT(fl"ORY LIMITATIOP114 RHIODS, ESCO
SHALL 41%TOTBE LIABLE FOR. ANY BREACI.-I ()FVVA,.I�,R.A.N'IFY' C�tlaWilICII 1T1S
NGT' N01`11,11,,'D AS REQ1,ARED BEFORE WARRMIU)" PERIOD HAS
EXPIR,Er,)
NO WAI�.R/%l�4['F'Y' U.AODIFI(-A'rl()Nli
This Wananty may an bC M(Aific-d except in as writing signcd by ESCO's President for
the Logan Business Unit, 1'4() representative, erflph)yee, OF argellt of'ESCO, w any peison,
other than IESCO',,; Presideint for ffie Logan Business Unit,has the authority to assume for
ESCO any addiflonal liability or responsibility in connection with the EMAS or this
Warranty,
To ensure registration of1his Warranty, please ivurn a signed copy tw
Ccmtrac,t Administrator
Enginecied Arresting Systerns ("orporation,
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2239 High Hill Road
Logan Township,NJ 08085
Phone( 56)241-8620
Fax (86)241-8621
Name (Plead authorized Airport dividual:ry ,o� ;Llf�X_th.
Signature: bate ...... /
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EXHUBFIF4
I Books, Records and ]Doc.umenle. IESCO shall mamtafn all books, rt ccrds, and
docurnents directly pertinent to I)erforrmance under, this Agreeimeid in acoordance with
generally accepted accounting princilfles consistently applied, Each party to this
Agree�mertt or thec r arrthor�zed ref.u-esentatives shall have reasonalAe and firn[efy access to
such reclords of each other patty to this Agieement for public, records purposes during the
term of the Agreemem and f0l'fOUr year's ftfliowing the terrTfination of.tins Agr(:enient, If
an auditor employed. by thc (-OUrIty or ('1erk determines that rrionies paid to ESC.'..0
pursuant. to Lfflv Agreement were spent for pujrpcmscs riat authorized 1by this Agreemem,
ES( shall repay the monies together with interest calculated pursuant to Sec- 55,03, FS,
running from the date the. n-mmes were paid to ESCO,
2) (""'overill-ling Law, Venue, Interpretation. Governing Law, Venue, Interpretation,
Costs, and '11irs Agreement shall be governed by and construed in accordance with
the laws of the State of F'Iorida appl�rcatflie to ccmtracts rnade, and to be performed entne�y
in the State.
In the event that any cause of action or administrative proceeding is instituted For
the e'liforcement or intea-pietation of dds Agreement, the County alid FI'SCO agree th,"It
venue will lie in the appropdme cosw or before tlu,, appropr I i I ato!m adl`aillpstrafivc lbody fn
Monroe County, Florida,
The County and ESCO agree that, in the event ofconfficfing interpretations of the
terms oi a terin of this Agreerri[ent by or between any of their Oic issuc shali be submii(ed
to mediatJon prior to the fnsfitutlon of any otheir adminisirative or le pap proceeding,
3) Seveirabi lily. If any term, covenara, condition or Prr()vision of this Agreernent (or
the application thereof to any circurnstance or person) shall be deciared irivali(l or
unenfoiceable to any extent by a court of compelent jurisdlctioan, the remaining terms,
covenants, conditions and provi�::�jons of this Agrecnncnu, shall not be affecled thereby"
and earCh remaiiflng terim, covenant, condition and provision of' this AgreefnenL shall be
valid and shall be enforceable to the fullest extent, permitted by haw unless the
enforceinent of the rem[aining terms, covenants, conditions and provisions of" (his
Agreement vvi)uld prewent the of the curing irim] intelvit of tNs Agreeniem,
The County and fHS(-'O agree to reform. the Agreement to replace any stricken provision
with a. valid provision that comes as close as possible to the intent of tirc st6cken
Provisloo,
4) Attooney's Fees and Costs,, The 'cm.inty and ESCO agree that rrl the event any
cause ofacdon or adnonistnative. proceeding is rrdfialed (m defended 1r.)y any party relative
to the enforceinent. or interpretation of this Agreement, the prevzdfing lway s1mfl. be
entified to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an awasd against the non•prevaihng p,uty, and shall include attorney's fees,
(OrIJJS (,()StS" jTjVeStjgjrjVe, 11jid out-ot".1pocket expenses in appellate proceedings,
Mediation proceetfings initfated and conducted pursuant to this Ac,,reernerrt shall bv in
accordance with the Florida Rules of (livil Procedure and tssual and custosmary
proc,edures required by tIW&VL)it COUrt Of Monroe County,
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5) Binding Effect, I'l-te temns, covenants, comfitions, and provisions of this
Agreement shall bind and inure to the benefit of the County and I and their
mspective legal reptesentatives, successois, and assigns.
6) Amthofity,, Each party represents and warrants to the other dvat the exe�crltlon,
delivery and performance of' this Agreement have been duly authorized by all necess�ary
County and corporate action, as rerpaircd by law.
7) Claims for Federal or, State AM, ES('O and County agree that ear°,h sluall be,
and is, empowered apply for, seek, and obtain federal and name funds to further the
purl-mse of thik, A.pp eernent; provided that aH applications, requests, grarit pfoposals, and
funding solicitations shall be approved by each party prior to subritission.
8) Adjpdication of Disputes or Disagreements. County and E`,1'SC'O agree that afl
disputes and disagreetnents shall be atternpted to be resolved by rneel and confer sessions
between representatives of each of the parties, lfm')rc.sokition cart be agreed upon with n
1 30 days after lhe first mect and confer session, the lSSUe Of iSSUeS SlOt be discussed at is
public meeting of the Board of("ounty Coinm�ssioners, If the issue or issues are still not
resolvc(l to the satisfaction of the parties, tYneenn any lmrl:y shall have tire fight to seek suc.h
ieliefor remedy as amy be provided by this Agreenmrit or by Floriirla law,
9) Cmoperation, In the event any and or logal proceeding is insfituted
agah-ist either 1party relating to Olen, fofmatiWl, eXeC.UtiOc, perCormance, or breach of this
Agreement, County and ESCO agree to participate, the extent required by the other
party, in all 1rro4"eedings, hearings, procr sszs, meefings, arid other activities Yr-.-lated to tile:
substance of this Agreement or provusion of the services under 11-iis Agreerneia, County
and ESCO specifically agree that no party to this Agreernent shall be rep ired to elaer.
into @nny art)itration proccedings related to this Agreement,
C�
10) Nondiscrimination, Comity and ES(:O agree that there will be no discrimination,
ap',1,6nst any person, and it is expressly Llnderstod:)d that upon a deternriruition t)y a court of
cornpetent Jurisdiction that discriniinalion has occurred, this Agreernent autornatically
ternihiates without any further action on the part of any party, effective the date of tile
C,C)Urt ordeir, SCIO agrees to comply with, all Federal and Flofida slatuiles, arid, afl local
oirdinances, as applicable, ielating to nondisciimination. T'hese inclUde but are not
limited to,,, 1) T'ide VI of three Civil Rights Act of 1964 (PI, 88-352) which prohibits
discrimination on 1he basis of race, color or national orngin; 2) Tide IX of the- l[.'dUUfiO1_1
Anzench-nent of 1972, as amended (20 Ul,'pC ss. 1681--1683, and 16851686), which
prohibits discrimination on the basis of sex-, 3) Section 504 of the Rehabifiladon Act of
1973, cis amended (20 USC s. 794), which prohibits cliscrimination or) the basis of'
handicaps; 4) T'he Age Discrini[ination Acl of 1975, as amended (42 USC ss� 61016107)
which pn-)hibits discrimir[ation on the basis cnfa age; 5) The Drug Abuse Office and
Tzeatment Aca of 1972 (PI, 92255), as amended, relating tl) on the
basis of' drug abuse, 6) The CompreliensNe Alcohol Abuse arKl Alcoholism Pievention,
Treatirnent and Reliabilltation Act of 1970 (1111, 91-M6), as amended, relating to
nondiscrhnfnation on the basis of alcohol abuse or alcoholisim; 7) The, PUblic llealth
Service Act of 1.912, wars. 523 and 527 (42 USC ss. (590dd-3 and 290ee.-3), as amended,
relatincy to ecmifidentiality of alclotiol and drug abuse patient tecorris-1 8) Tide VIE of the
Civii Rights Act of l968 (42 USC. s. (-!t seq.), as amended, reladirg to
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 fime to time, relating to
mindiscrn-rdnation on the basis(A'disability; 10) Amy other nondiscriniination
pjrovlslons in any Fedeiiial or state stanites whic1h may apply to the partis,,,; to, a)r the
sut)Ject matter of', this Agreement,
111) Covenant (if No Interest, County and. E,"SCO covemant that neither presenfly has
any iriterest, and shall not acquire any interest, whic!I-i would conflio irt any manner or
degree with iIS j)eIf0I-IIIOHIC(-, Under this Agreement, and that only interest of each is to
perforrn andl receive Irenefits as imited in this AgreerneinL
12) Cuide of Ethics. County agrees that officers and employecs, of' tire Coumy
reco,gnize and wfll he required to comply with the staridards of)-l(rriduct for public officers
and erriployms as defiric,,,ated in Section 1.12313, Florida Staurljre'r, regarding, but riot
hinited to, solicitafion or accepuance of gifts, doing bLisiness with onW''ur's agency�
un,auffiorized conipensaflon; nnisuse, of" public position, c,(:mfiicdng ernployment 01'
umtractual relationship; and disclosure or USe o)f certain information,
1
13) No Solicitationfilayment. The Counly and ESCO wari-ant that, in respect to
ilself, it has neither employed nor rota irred any company or, permm, other than a.bona fide
earployee working solely for ft, to SofiCiL or secuire this Agreernent and that it has not paid
or agreed to pay any person., c(,mnpany, corporaflon, individual, or firryi, mher tharr as bonir
ift, (�ir other
fide o:Ilirqjloyee working soleiy for it, any fe,(,, COITHTIISSIOFn, 1�)ercemage, E,f
consideration contingent upon or resulting from (Ile awaid or making of this Agreement.
For the breach or, violation of[lie provision, E!3CO agrees that the County shall I-iave flie,
right I(t lerimiriate this Agreement withoul fiabilily and, at its discretion, to offset front
unonies owed, or otherwise im.-wer, the full arnount ol'such fee, con-imission, percentage,
.lilt:,or consWeration,
14) Public A,ccess. PLUSUant to Florida StatUtt §1 19ffMl, Cunuractor and its
subcontractors sliall comply with all public, rccoids laws of the Star(.-,of Florida, incluchm,
but riot firnited to:
(a) Keep and nraimrdhu public records that on-finafily and necessarily would be reqUi['ed
by Monroe Co unity in the performancc ofthis Agi-cernent,
(b) Provide the public with access to lm,ibIic records on the sarrie terms and c.onditions
that Monroe County would pn�)vjde tire records and at a mst thial does not. exceed tire cost
Provided in I Iorida Statutes, C"hapter l 19 or as otherwisie provided by law.
(c) Ensure that public records that me t^,m-xnpt oi confidential and, eXerIIJA frOIII PLIbfiC
records disclosure requirements acre not discIosed except as authorized by law,
qm g pubfc mcords and transfer, at no (lost, to(d eet all re es
Monroc County all pubk records in possession of the, contrae'lor upon, termination oftlik
Agretmient and destroy any dupficate pubfic records that are exempt or confidutial dild
exemj,-.)t from public records disclostire requiTeITK'XtS, All records stored electronically
must be provWed to Monroe County in a format that is compatfl-Ac with the information
technoft)gy systems of Monroe COU111y,
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15) Non.-Waiver of Immunity, Notwiffistan(fing he provisicois of Sec. '768,28,
Florida SWhites, LIK.- parfiCipation of the County and ESCO in this Agreement and the
acquisition of' any cofmncrcjaal liabifity insurance coverage, self-insurance coverage, or
local government fiabifity insurance pool coverage shall not be deemed a waiver of
immunity to the extent of 115ability coverage, nicw shall any contract entered into by the
01)tvnly I)C;re(Wil'Cd to C()ntain any provision for MIM(A"
16) Privileges and l[mmunifies, All of the privileges rund immunities from HaNticy,
exemptions fiorn laws, ordniances, and rules and pensions and relief, disability, worblers"
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or ernployees of the County, wht:21 Performing their
'SpeCtiVt, OlIS Ullcler this pp reentent w4hin the territorial fiti6ts of the County n Iwll
,ftl[ICti
an.ppl,h to the same degme and cxtent to the performance of such functions ancl clutics, of'
such officers, agents, volumeers, or employees outskle the territorial Ihnits (if 111c, Coutity,
17) ll.,egad Obligations avid RespollSibijilieS: ()f C''C)rn,'aj[jJtiOn8l CH.
7 Statutory Duties. THs Agreen-tent is not intendcd to, nor shall �i1. be, construetcl as,
refieving, any participating entity from any obligation or rennjrpnsibifity iniposed upon the
e,nfity by law excq)t to the exi,cm of actual and timely performance thereof by arily
participwritIg entity, in which case the perfonnance nia,i.y be offered burn satriSfaiction (A the
obligation, c)r respoinsibility. F'urther, this Agreement is not intended, [c), nor shall it be
consirued as, authodzing ffic delegation of ffic" constitutional or suatutory dwics oil' Oie
COLInty, except to Ote, extent pexmitted by the Florida COIrSfitUti011, state stame, and case,
I,.I W.
18) Non-Refiance by Nori-Partiean. 1,4o person or eInrity shall be enfitled to rely upon
the terms, or any of them, of this Agreenient to enforce or alternpi to cotforce any third
party cl,,,fim or entiflurient to or., benefit of ariy service ci r prograin conterriplated
peer u.mder, and the C'cninty and ESCIO al,yrec that neither the County nor ESCI'O nor any
11 'Ifori-ri, counse , 0-
agent, officer, or, ernployce of e4h(r shall have the autivoriLy to it ",I I
officivise indicate, that. any particular individual or group of individuals, entity or entities,
h.ave entitlements cri beriefits under thus Agreement separate and apart, inferior to, or
suireflor to fire community in gencral or for the,putposes contemplated in this Agreentent.
'19) Attestations, IESCO agrn:Illcs to executc:. sucIa docurnents as the Couinty may
reasonably require, to include a Public Entity Crinie Statement, in Eth�cs Statement, and
a Drug-Free Workplace Statement.
20) No Pusortal Liability. No coveriant or agreeTnent contained herein shall IT
deerrmd to be a covenant or agreern ent. of any vriernber, officer, agc,,ra or ei nploycc of
Mortroe County in his or her individual capacity, and no mernber, officer, agent or
employee of Pdonroe Counity shall bc fiabic personally on this Agreement or be sutawjw to
any personal liability or accountability by reason, of the cx.ccution of this Agrcentent.
21) lExecuflon in, Cou ail,er,pa i-ts. This Agreement nray I)e CXCCUIed in any nurnber of
counkerparls, each of' which shall Ibe regarded as an original, all of wNch taken. together
V
shall constitute one and the warn e 'instrUrncnt and any of the parlies hereto riway execute
this Agreement by signing an such c:ounterpart.
Y
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22) Section Headings, Section headings have beert inseirte(i in this Aueement as an
matter of convenience of reference only, and it is agree(l that such section heac.firogs are
riot a part of this Agreernent aral will not [�e use(] In the hAerpretafion o any provisjolk of
this Agrcernent,
23) Mutual Review. This agreement has been carelufly reviewed by EfSCO ancl the
Courity, therckwe thi,,; agreenient is not to be construeaI ag,6nst either party on the basis of
authorshIp.
24,) IIIncleiiirairicitiojifl.loliu�I Illartailess. Notw4hstamling any minillWrn insurance
requirements presclibsel ekewhere ln this 'ameement, ESCC) shall defemcf, inrleninify and
lufld the County and the County's c1ected anrl appointed officers aml ernployees lmrmless
from and agakist (i) any clainis, acfions of, causes of actioin, (ii) afly fifigation,
adn-iinktralive proceedings, appe1late pr(rco�,�dings, or other proceedings relating to any
type of injury (including death), loss, (lamage, fine, penaPty cnr brvJness interrupfion, and
(i ( ncldig, wii) ay costs o expenms I ilhoul firnitaflon, of' rentexhafion and costs
of a(hfifional security iveasures that the Federal Aviation AdMinistratiawn, the
Transportatiom Secmrity Adri-finistration of any rfflier governnri-,,ii-klal q;ency requires by
reason of, or in conriection, willi an. violation of any ferleral law or regulation, auorneys'
fn es and costs, court com, fines and penalfies) that inay bc asserted tigi6rost, iniliate(J wi h
respec,L to , Or Sustainex.] by, any in(lerinnified party by mason of, or in connection will], (A)
any negligent acts or willful Taisconcluct of IESCO oir any of its ernployces, at;ents,
contractors or other invitua; on the A.irjaort cftZr4q,1 the term of this Agreement, or (B)
ESCO's default in respect of any of the obligations that it unrlertakes umler ffie terms of
this Agreement, exccpt to the extent flie clairns, actions, caLRSOS of actlon, litigafion,
procee .inn gs, costs or expenses arise from the irdenlional or sole negligent 4)CtS 01,
ornksions, including but not fimiteci W improper inaintenance of the systern or runway
and/or improper use or rnisusc of, the, System, of., thic County or ainy of" its empkIyees,
agents, contracIors or invitees (other than E,13�CO), Insalfar as the claims, actions, causes
of action, h6gation, proccedings, costs or expenses relate to evemts Of-Cil'CLUMMEATICeS that
OCCUX uIuring the tern-i of this Agreernent, this section will survive the expjj,afic)ru of tjjn,
term of thk lease or any elty'lier i orriiin a Zion o)f thik Agrcernent,
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