Item C03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 8/21/02 1 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of contract with D. L. Porter to construct miscellaneous improvements at the Key
West International Airport.
ITEM BACKGROUND: This project will be funded 90% by the Federal Aviation Administration, 5% by the Florida
Department of Transportation, and 5% by Passenger Facility Charge Revenue.
PREVIOUS RELEVANT BOCC ACTION. Award of bid to D. L. Porter for terminal improvements, 12/19/01.
CONTRACT/AGREEMENT CHANGES: New contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $173,300.00
COST TO AIRPORT: None
COST TO PFC: 5%
COST TO COUNTY: None
REVENUE PRODUCING: No
BUDGETED: Yes
AMOUNT PER MONTH/YEAR:
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
KEY WEST AIRPORT DIRECTOR APPROVAL
Peter J. Horton
DOCUMENTATION: Included X To Follow Not Required
AGENDA ITEM # �
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: D.L. Porter
Effective Date: Execution
Expiration Date: 90 days from NTP
Contract Purpose/Description: Construct miscellaneous improvements at the Key West International'Airport
Contract Manager: Bevette Moore # 5195
(name) (Ext.)
for BOCC meetinq on: 8/21/02
Total Dollar Value of Contract: 173,324.87
Budgeted? Yes
Grant: Yes — FAA 90%, FDOT 5%
County Match: 5% PFC Revenue
Estimated Ongoing Costs: N/A
(not included in dollar value above)
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 8/7/02
CONTRACT COSTS
Current Year Portion: — 50,000.00
Account Codes: 404-63061-560-630-GAKD58
FAA grant pending approval August BOCC
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In
Needed
Reviewer
Date Out
Yes No
Airport Manager
-'?(�
_/i 1
Risk Management/
/ ��.
( ) (�
er Hort
O.M.B./Purchasing
() i
_ Wayn� Ijgbertsqn
U v,t/
J l G12
County Attorney
/ /
( ) ( )
la B rker
b J�i
o /�/�-
(Wolfe
Comments:
Rob
SECTION D
CONTRACT TO
Miscellaneous Improvements
Key West International Airport
THIS AGREEMENT made and entered into the day of
and between D.L. Porter Constructors, inc.
the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
by
Contractor, and
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated 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:
Miscellaneous Improvements
Key West International Airport
Monroe County, Florida
2. ; That the Contractor shall commence the work to be performed under this agreement on
a date to be specified in a written order of the Owner and shall fully complete all work
hereunderwithin ninety (90) calendar days from the Notice -to -Proceed (Construction) as
per Special Provision No. 2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the
agreement, subject to additions and deductions as provided in the specifications or
proposal in lawful money of the United States as follows:
One Hundred Seventy -Three Thousand Three Hundred
Approximately Twenty -Four and s7/100---------_ Dollars
($ 1 73, 324.8 in accordance with lump sum and unit prices set forth in the proposal.
4. On or before the 15th day of each calendar month, the second party shall make partial
payment to the on the Contractor 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.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls,
11-6 -
. .-v..I I... a •2
material bills and other costs incurred by the Contractor in connection with the
construction of the work have been paid in full, final payment on account of this agreement
shall be made within twenty (20) days after the completion by the Contractor of all work
covered by this agreement and the acceptance of such work by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the, event the construction of the work is not completed within the time
herein specified, it is agreed that from the compensation otherwise to be paid to the
Contractor, the Owner may retain the sum of $ 500.00 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.
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.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date
first above written in two (2) counterparts, each of which shall, without proof or accounting for
the other counterpart, be deemed an original contract.
D.L. Porter Constructors, Inc.
(Contractor) (Monroe County Board of Commissioners)
By:' Lq�ABy:
C.Mars a e
Title: Vice President
President`
WITNESS: cu--
STATE OF FLORIDA
Title:
WITNESS:
1, the undersigned authority, a Notary Public in and for said County and State hereby certify
that C.Marshall White _ whose name as Vice President of
D.L. Porter constructors Is signed to the foregoing instrument and who is known to
me, acknowledged before me on this day that being informed of the contents of the within
APPROVED AS FWr4
M
V
11.7 9
ROIkTE
instrument, he, in his capacity as such, executed the same voluntarily on the date the same
bears date.
Given under my hand and seal this 3rd day of July , 2002
— PAULETfE 1EWElL
Notary ubffc COMMIS, t CC936310
aOF EVMS AX 16 200d
lOI�Ep 1!lpl�,►
INS!!RN 1(E CO~
Who is authorized by the corporation to execute this contract.
SECTION E
DRUG -FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute287.087, herebycertifies that:
..1 D .
•L• porter Constructors, Inc.
j (Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
1 dispensing, Possession or use of a controlled substance is prohibited in the workplace
_j and specifying the actions that will be taken against employees for violations of such
prohibition.
A 2. Inform such employees about the dangers of drug abuse in the workplace, the business,
Policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation
and employee assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each empicyee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Sub -section (1).
4. In the statement ,specified in Sub -Section (1), notifyemployees
the that as a condition of
working on the commodities or contractual services that are under bid, the employee will
1 abide by the terms of the statement and will notify the employer of any conviction of or
j plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state for a violation occurring
l in the workplace no later than five (5) days after such conviction.
1
5. Impose a sanction on or require the satisfactor
y participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community or any employee
who is so convicted,
6. Make a good filith effort to continue to maintain a drug -free workplace throe h
implementation of this section. g
As a person authorizr.d to sign the statement, I certify that this firm complies fully with the
above requirements.
0 - �j
LZ - k
Bidders Signature
Date: October 18, 2001
1-24
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts. Grants. J.0-ans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress or
an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal Grant, the making of any Federal loan, the entering
into of any cooper alive agreements and the extension, continuation, renewal, amendment
or modification of any Federal contract, Grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriate funds have been paid or will be paid to )any
person for influencing or attempting to influence an officer or employee of any agen4, a
member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with this Federal contract, Grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
I of Lobby Activities", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants and
contracts under (arants, loans and cooperative agreements) and that all sub -recipients
i shall certify and disclose accordingly.
This certification is a material representation of fact upon '
p p which reliance was placed when this
transaction was mada, or entered into. Submission of this certification is a prerequisite for
making or entering info this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
J than $10,000 and not more than $100,000 for each such failure.
. l
.1 Signed: 4 Dated: 10 / t s / 01
Contractor's Authorized Representative
J
I
1-27
SECTION K
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLIDRIDA STATUTES ON PUBLIC ENTITY CRIMES
This form must be signed and sworn to in the presence of a Notary Public or other official
authorized to administer oaths.
I 1.
This sworn statement is submitted with Bid, Proposal or Contract No.
for Monroe County Board of County Commissioners
2,
This sworn statement is submitted b D-L. Porter Constructors I Inc.Y �
(name of entity submitting sworn statement)
y
whose business; address is. 6574 Palmer Park Circle, Sarasota,FL 34238
and (if applicable) its Federal Employer Identification Number (FEIN) is 65-08484 0
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: )
1 3.
j
My name is C. Marshall white and my
(please print name of individual signing)
relationship to the entity named above is Vice President
4.
1 understand that a "Public entity crime", as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state orof the United States, including, but not limited to,
any bid or contract for goods or services to be provided to any public entity or an agency
or political subdivision of any other state or of the United States and involving anti-trust,
fraud, theft, bribery, collusion, racketeering, conspiracy or material mis-representation.
5.
1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6),
Florida StatuteS, means a finding of guilt or a conviction of a public entity crime with or
without an adjudication of guilt in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non -jury trial or entry of a plea of guilty or nolo contendere.
6.
1 understand that an "affiliate",
ffiliate , as defined in Paragraph 287.133(1)(a), Florida Statu s.
means:
1
a. A predliacessor or successor of a person convicted of a public entity crime; or
J
•
1-31
"• • "�• "` i• . • • ......`.,�.�.. utw WKFORATION k0033
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners,
Jshareholders, employees, members and agents who are active In the
managf ment of an affiliate. The ownership by one person of shares constituting
a controlling interest in another person or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted
] of a pu;)lic entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
1 7. 1 understand thet a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
1 States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity or which
otherwise transacts or applies to .transact business with a public entity. The term
"Person" includes those officers, directors, executives, partners, shareholders,
employees, members and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
l relation to the entity submitting this sworn statement. (Indicate which statement applies.)
J x Neither the entity submitting this sworn statement
director:,,, executives, panne s, shareholders, employees, members � gen s�
1 who are active in the management of the entity, nor any affiliate of the entity has
1 been charged with and convicted of a public entity crime subsequent to July 1,
1 1989.
_ The entity submitting this sworn statement or one or more of its officers,
directors, executives, partners, shareholders, employees, members or agents
who are active in the management of the entity or an affiliate of the entity has
been charged with and convicted of a public entity crime subsequent to July 1,
-i 1989, AND (please indicate which additional statement applies)
There has been a proceeding concerning the conviction before a Hearing Officer
of the State of Florida, Division of Administrative Hearings. The Final Order
entered by the Hearing Officer did not place the person or affiliate on the
ccnvicte:ld vendor list. (Please attach a copy of the Final Order.)
1
J
1-32
41
l _ The person or affiliate was placed on the convicted vendor list There has been
j a subsequent proceeding before a hearing officer of the State of Florida, Division
of Administrative Hearings., The Final Order entered by the hearing officer
determined that it was in the public interest to remove the person. or affiliate from
14 the convicted vendor list. (Please attach a copy of the Final Order.)
I _ The pereion or affiliate has not been placed on the convicted vendor list (Please
describe any action taken by or pending with the Department of General
- Services.)
Signature of Authorized Representative;
1 C. Marshall White a�
Vice President 10/18/01
Title Date
STATE OF: Florida
COUNTY OF: Sarasota
` th
The foregoing instrument was acknowled ed before 1- da October
' 9 me this _day of
200_1, by C. Marshall White
(90, Corporation or f4A*W)
who is personally known to me orX*=K=pp A'
as identification and who did/did not take an oath.
J
(Signature of No 'ublic,
State of Florida at Lerge)
JPAULETi JEwEU.
CQMM1SS 10TW # CC" b310
s WIRES AA 16 2004
(Print name
J My Commission Expires
1-33
I SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
1 D.L. Porter Constructors, Inc. warrants that herthas not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2.of Ordinances No. 10 1990 or any County officer or employee in violation of Section
3 of Ordinance No. 1 C-1990, For breach or violation of this provision the County may, in its
discretion, terminate tl its 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,
jpercentage, gift or consideration paid to the former County officer or employee.
C. Marshall White (Signature)
I Date: 10/1 S/O1
STATE OF: Florida
COUNTY OF: Sarar,ota
PERSONALLY APPEARED BEFORE ME the undersigned authority c. Marshall White
who, after first being ,worn by me affixed his/her signature (name of individual signing) in the
space provided above, on this 18th day of October 20 01 .
Z:2
(Signature of Not "Tublic,
State of Florida at La.r
PAULEM JEWELL
PUKO LION 1 M936910
AL 16 2W
(Print name of Notary u ■, Rat"M Cc~
My Commission Expires
1-34
SECTION 140
GENERAL INSURANCE REQUIREMENTS FOR
.CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre -staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
also ensure that the insurance obtained will extend protection to all subcontractors engaged
by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply witb this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of the work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide to the County as satisfactory evidence of the required insurance
either:
- Certificate of Insurance, or
- A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change or reduction in coverage unless a minimum of thirty (30) days' prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contractor imposed
by law.
III-54
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insureds" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County -owned property.
Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County's Risk Manager.
To assist in the development of your proposal, the insurance coverages marked with an' X , will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY
Workers' Compensation
Statutory Limits
WC1
Employer's Liability
$100,000/$500,000/$100,000
WC2
X
Employer's Liability
$500,000/$500,000/$500,000
WC3
Employer's Liability
$1,000,000/$1,000,000/$1,000,000
WCUSLH
U.S. Longshoremen & Harbor
Workers Act
Same as Employer's Liability
WCJA
Federal Jones Act
Same as Employer's Liability
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual - Personal injury
- Expanded Definition of Property Damage
ie uired Limits:
GL1 $100,000/person; $300,000%occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $500,000/occurrence
$ 50,000 property damage or
$500,000 combined single limit
III-55
GL3 X $ 500,000/person; $1,000,000%occurrence
$ 100,000 property damage or
1$1,000,000 combined single limit
Required Endorsement:
GLXCU X Underground, Explosion & Collapse (XCU)
GLLIQ Liquor Liability
717—
All endorsements are required to have the same limits as the basic policy.
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned, Non -owned and hired vehicles
to uired Limits:
VLI
VL2
VL3 I X
$ 50,000/person; $100,000%occurrence
$ 25,000 property damage or
$100,000 combined single limit
$100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
$ 500,000/person; $1,000,000/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
MISf`1:1 I AK10n1.c.......�.� - ---
III-56
GK2
Keepers
$500,000 ($100,000/vehicle)
GK3
$1,000,000 ($250,000/vehicle)
MED1
Medical
$500,000/$1,000,000 Agg.
MED2
Professional
$1,000,000/$3,000,000 Agg.
MED3
$5,000,000/$10,000,000 Agg.
IF
Installation Floater
Max. Value of Equip. Installed
VLP1
Hazardous
$300,000 (Requires MCS-90)
VLP2
Cargo
$500,000 (Requires MCS-90)
VLP3
Transporter
$1,000,000 (Requires MCS-90)
BLL
Bailee Liability
Max. value of property
HKL1
Hangarkeepers' Liability
$300,000
HKL2
$500,000
HKL3
$1,000,000
AIR1
Aircraft Liability
$25,000,000
AI R2
$1,000,000
AIR3
$1,000,000
AE01
Architects' Errors & Omissions
$250,000/occurrence/$500,000 Agg.
AE02
$500,000/occurrence/$1,000,000 Agg.
AE03
_
$1,000,000/occurrence/$3,000,000 Agg.
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy:
POLICY:
DEDUCTIBLES:
Liability policies are Occurrence Claims Made
Insurance Agency
III-57
Signature