Item D02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 8/20/03 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of contract with Lipsky Enterprises, Inc. to provide construction services for the
Noise Insulation Program, for the Key West International Airport.
ITEM BACKGROUND: This project will be funded 90% by the Federal Aviation Administration, and 10% by Passenger
Facility Charge Revenue.
PREVIOUS RELEVANT BOCC ACTION. Approval to submit PFC Application # 6.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: $1,285,637.00 BUDGETED: Yes
COST TO AIRPORT: None SOURCE OF FUNDS: FAA & PFC Revenue
COST TO PFC: $128,563.70
COST TO COUNTY: None
REVENUE PRODUCING: No
AMOUNT PER MONTH/YEAR:
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
DIRECTOR OF AIRPORTS APPROVJL J
6 C,v... Peter J. Horton
DOCUMENTATION: Included j/ To Follow
DISPOSITION:
/bev
APB
Not Required
AGENDA ITEM # /
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Lipsky Enterprises, Inc. Effective Date: Execution
Expiration Date: 295 days
Contract Purpose/Description: Noise Insulation Program, Phase 2 construction
Contract Manager: Bevette Moore # 5195 Airports - Stop # 5
(name) (Ext.) (Department/Courier Stop)
for BOCC meeting on: 8/20/03 Agenda Deadline: 8/5/03
CONTRACT COSTS
Total Dollar Value of Contract: 1,285,637.00 Current Year Portion: -- 10,000.00
Budgeted? Yes Account Codes: 404-63075-560630-GAKA72
Grant: Yes - FAA
County Match: PFC Revenue
ADDITIONAL COSTS
Estimated Ongoing Costs: N/A For: .
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airports Director
Risk Management 7 *�Lf l 03
O.M.B./Purchasing
County Attorney(
CONTRACT REVIEW
Changes
Needed
Yes No
Reviewer
Date Out
Pe
Willianhaus
"Z/c-
`S it aafte- o
Rob Wolfe
LtLt �1 it
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
Key West International Airport
Noise Insulation Program
This Monroe County -Contractor Noise Insulation Contract ("the Contract") is made and
entered into by and between the undersigned contractor ("the Contractor"), and Monroe
County ("the Sponsor').
CONTRACTOR Lipsky Enterprises, Inc.
ADDRESS 814 Montauk Highway
CITY Bayport
PHONE (631) 472-4454
FAX # (631) 472-4406
STATE NY ZIP CODE 11705-1603
MAILING ADDRESS (if different than actual location)
RECITALS:
1. The Sponsor is the operator of Key West International Airport ("the Airport") and administers
the Noise Insulation Program.
2. The Sponsor and certain homeowners (hereinafter referred to as "the Homeowner") have
previously entered into the Monroe County -Homeowner Noise Insulation Contracts which
described certain obligations to be performed by the Sponsor and the Homeowner as part of
the Noise Insulation Program. The Monroe County -Homeowner Noise Insulation Contracts
are attached hereto and made a part of this Agreement
3. The parties hereto desire to enter into this Contract for the modification of the Homeowner's
Premises in accordance with the Monroe County -Homeowner Noise Insulation Contracts
and the Noise Insulation Program.
4. The Contractor has been approved by the Sponsor for work in this program and has agreed
to maintain all insurance and bond requirements for performance of the work contained
herein.
AGREEMENT URS Corporation 00500 - 1
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
5. The Contractor has been selected to perform the Statement of Work (as described in the
Project Manual, Volumes 1 & 2, Addendum No. 1, and the Monroe County -Homeowner
Noise Insulation Contracts) attached hereto.
6. Nothing in this Contract shall be construed to create any relationship between the Sponsor,
its officers, representatives, employees, agents or consultants, and the Contractor, other
than that of independent contractors.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the Premises and mutual covenants set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
The original of this contract with the required
shall remain on file at the offices of the Airport
minimum:
Contractor's Proposal (Bid)
Public Construction Bond
Payment Bond
Performance Bond
Contractor Affidavit
Power of Attorney
Insurance Certificate(s)
Project Manual, Volumes 1 & 2
Addendum No. 1
attachments and the plans and specifications
. The required attachments shall include at a
Monroe County -Homeowner Noise Insulation Contracts with all Exhibits
and such other and further attachments as may be mutually agreed, all of which are
incorporated herein by reference as if copied verbatim. In the event of any conflict between
the provisions of this contract and the provisions of any attachment(s), the more restrictive
on the Contractor shall apply.
2. The Contractor agrees to commence and complete the project, furnish and pay for all
materials, supplies, tools, equipment, labor, and other services required to complete the
Work, and do and perform all the Work required to complete the project, all in strict and
complete compliance with the terms and conditions of this and the other contract documents
for the Project, all of which are deemed a part hereof as fully and completely as if set out
and copied verbatim herein.
AGREEMENT URS Corporation 00500 - 2
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
3. The Contractor agrees to use all of those acceptable mechanical, electrical. Plumbing trades
and/or other subcontractors set forth in his proposal and only them, in the construction of the
Project unless a substitution or deletion is first approved by the Sponsor and to certify to the
Sponsor when said subcontractors receive each period payment.
4. The Work to be performed under this Contract shall commence within ten (10) calendar
days after written Notice -to -Proceed is issued by the Sponsor. The Work of the Contract,
including punch list items, must be totally complete within two hundred ninety five (295)
calendar days ("the "Completion Date") unless extended in writing by the Sponsor or the
Sponsor's Representative, due to circumstances beyond the reasonable control of the
Contractor. The specified time intervals shall be computed from the date stipulated in the
Notice -to -Proceed. Work on each individual Premises shall reach substantial completion
within twelve (12) working days of the commencement date for that individual Premises.
The Sponsor and the Contractor agree that the damages which would be incurred by the
Sponsor in the event of delay of the Project would be substantial but are not capable of
being precisely calculated as of the execution of this Contract. The Sponsor and the
Contractor therefore agree based upon their professional knowledge and experience with
projects of this type and their best estimates of the damage associated with delay of the
Project that the Contractor (and his surety) shall be liable for and shall -forfeit One Hundred
Twenty-five Dollars ($125.00) from the Contract Sum for each particular property included in
the Project as defined in the Monroe County -Contractor Noise Insulation Contract, for each
working day (Sundays and Holidays excluded) after the twelve (12) day timeframe allocated
to reach Substantial Completion for each particular property, and shall forfeit One Thousand
Dollars ($1,000.00) from the Contract Sum for each calendar day (Sundays and Holidays
included) after the Completion Date that any part of the Work upon any property remains
incomplete, herein stipulated as fixed, agreed, as liquidated damages, and not as a penalty.
All Work which does not conform to the requirements of this Contract, plans, and
specifications will be considered unacceptable, unless otherwise determined acceptable by
the Sponsor.
Unacceptable Work, whether the result of poor workmanship, use of defective materials,
damage through carelessness, or any other cause found to exist prior to the final
acceptance of the Work, shall be removed immediately and replaced in an acceptable
manner.
Work done contrary to the instructions of the Sponsor, Work done beyond the lines shown
on the plans or as given, except as herein specified, Work done in an unacceptable manner
or any extra Work done with authority, will be considered as unauthorized and will not be
paid for under the provisions of this Contract. Work so done may be ordered removed or
replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the Sponsor
made under the provision of this subsection, the Sponsor will have the authority to cause
unacceptable Work to be remedied or removed and replaced and unauthorized Work to be
removed and to deduct the costs incurred from any monies due or to become due the
Contractor. If the Contractor defaults or neglects to carry out the Work in accordance with
the Contract Documents, and fails to take corrective action within a seven-day period after
AGREEMENT URS Corporation 00500 - 3
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
written notice from the Sponsor, the Sponsor may, after such seven-day period, give the
Contractor a second written notice to correct the deficiencies. If within a three-day period, no
action is taken to correct the deficiencies, the Sponsor may complete the Work and issue a
Change Order deducting the value of the Work.
5. By execution of this Contract, Contractor represents that it has visited the Premises and
familiarized itself with all conditions under which the Work is to be performed. Contractor
has further satisfied itself that the Statement of Work fully indicates the extent and
requirements of all Work to be performed hereunder.
If, after commencement of the Work, Contractor discovers that modifications to the
Statement of Work are required as a result of conditions at the premises that were not
reasonably discoverable prior to commencement of the Work, Contractor shall immediately
initiate the change order procedure described in paragraph 16, below.
6. Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, and for performing, scheduling and coordinating all portions of
the Work in a proper manner and in strict compliance with all applicable codes, rules,
regulations and laws.
7. Contractor warrants to Sponsor that all materials and equipment incorporated in the Work
will be new unless otherwise specified, and that all Work will be of good quality, free from
faults and defects, and in strict conformity with the Statement of Work. All work not so
conforming to these standards may be considered defective, and may be rejected. Any
defective or unauthorized work or materials shall be immediately remedied, removed,
replaced or disposed of at Contractor's expense.
8. To ensure compliance with the Statement of Work, the Homeowner has agreed that all Work
done and materials furnished shall be subject to inspection by a Sponsor representative.
Work done or materials used without this inspection may be ordered removed and replaced
at the Contractor's expense.
9. The Contractor shall be responsible for the acts and omissions of all its agents and
employees and all its subcontractors, suppliers, their agents and employees, and all other
persons performing any of the Work for the Contractor.
10. The Contractor shall be responsible for safety precautions and programs in conjunction with
the Work. It shall comply with all applicable codes, rules, regulations, laws, and orders of
any public authority having jurisdiction over the safety of persons or property.
11. (a) The Sponsor agrees to pay the Contractor for said Work the total sum of one million,
two -hundred eighty-five thousand six -hundred and thirtv-seven dollars ($1,285.637.00) and
pursuant to the terms and conditions of this and the other Contract Documents. Incremental
payments shall be made for the Work on each property included as the percentage of
completion of the Work on each such property is judged satisfactorily completed with the
project milestones and in accordance with this and the other Contract Documents. This
procedure, which is incorporated in the Monroe County -Homeowner Noise Insulation
Contracts, is as follows:
AGREEMENT URS Corporation 00500 - 4
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
(1) When the Contractor determines that the Work is completed, the Contractor will
request that the Architect make an inspection of the Work. The homeowners have
consented to such inspection. If the Architect determines that the Work is in compliance
with the Statement of Work, and the Homeowner accepts the Work and signs the
Certificate of Final Inspection, the Sponsor will issue payment of the Contract Sum plus
Sponsor -approved Allowance Changes and Change Orders less retainage.
(2) If the Sponsor or the Architect determines that the Work is not in compliance with
the Statement of Work, the Architect shall so notify the Contractor, and shall provide a
list of items which are requested to be completed by the Contractor in order for the work
to be accepted.
(3) Upon completion of the items required under paragraph (2) above, the Homeowner
shall sign the Certificate of Final Inspection to signify they accept the Work. The
Sponsor reserves the right to make final determination of acceptability of the
Contractor's Work. If the Sponsor determines Contractor has put forth a reasonable and
normally expected effort to correct the list of discrepancies, and the Architect certifies the
Work to be acceptable and complete, the Sponsor will issue payment in the amount of
the Contract Sum, less previous payments, plus the Sponsor -approved Allowance
Changes and Change Orders less retainage.
(4) No final payment shall be made to the Contractor pursuant to paragraph 11, until:
(1) A Certificate of Final Inspection has been signed by the Homeowner, or in the
absence of the Homeowner, signed by the Sponsor's Representative; (2) Contractor
provides a Final Contractor's Affidavit and Final Release of Liens; and (3) Proof of
cancellation of the "Notice of Contract" by the Clerk is obtained by the Contractor and
submitted to the Sponsor.
12. The Contractor shall at all times keep the work site free from accumulation of waste
materials or rubbish caused by its operations, and it shall clean any glass surfaces and shall
leave the work site "broom clean" upon completion of the Work.
13. The Contractor shall comply with and, in all its subcontractor agreements, require that each
such subcontractor will comply with and be bound by this Contract.
14. It is the intent of the Homeowner to occupy the Premises throughout the construction period.
The Contractor shall conduct its business in such a way as to create as little impact as
possible to Homeowner.
15. In addition to the Contractor's obligations to correct all deficient work appearing during the
course of performing this Contract, the Contractor shall remedy all defects due to faulty
materials, equipment, or workmanship which appear within a period of one (1) year from the
date of completion of the Work under this Agreement, or within such longer period of time as
may be prescribed by law. Further, the Contractor agrees to assign directly to the
Homeowner any warranties or guaranties furnished or supplied by manufacturers of
materials or equipment installed in the Premises.
AGREEMENT URS Corporation 00500 - 5
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
16. (a) If the Contractor determines that the Work must be modified from the Statement of Work,
the Contractor shall promptly notify the Architect in writing. The Contractor shall not proceed
until directed by the Sponsor and the Architect.
(b) The Contractor and the Sponsor agree that the following procedures will be followed:
(1) The Sponsor may delete any Work set forth in the Statement of Work by a Contract
Change Order, Construction Change Directive, or Construction Field Directive,
signed by the Sponsor and delivered to the Contractor. The Sponsor may delete any
Work set forth in the Statement of Work if such Work requires additional work to be
performed, the cost of which is excessive as determined by the Sponsor, or if the
Contractor encounters asbestos or other situations which may pose a health
concern. The Homeowner will be notified of any changes in writing.
(2) The Contractor acknowledges and agrees that any additional work as a result of
conditions at the premises that were not reasonably discoverable prior to
commencement of the Work may not be approved by the Sponsor and may be the
responsibility of the Homeowner. In such event, the Homeowner may be required to
remedy such conditions prior to the completion of the Contract, or the Sponsor will
terminate the Homeowner's participation in the Noise Insulation Program. The
Homeowner may re-enter the Noise Insulation Program after correction of any such
conditions so long as the Program is ongoing. If the Homeowner's participation in the
Noise Insulation Program is terminated by the Sponsor on this basis, the Sponsor
shall pay the Contractor that portion of the Contract Sum earned prior to the
Homeowner's termination.
17. (a) To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify
and hold the Homeowner, the Consultant (including but not limited to the Architect), and the
Sponsor, and their officers and employees completely harmless from and against any and
all liabilities, demands suits, claims, losses, fines or judgments arising by reason of the injury
or death of any person or damage to any property, including all reasonable costs for
investigation and defense thereof (including but not limited to attorney fees, court costs, and
expert fees), of any nature whatsoever arising out of or incident to this Contract or the
Contractor's performance under this Contract or the acts or omissions of the Contractor's
officers, employees, agents, contractors, subcontractors, licensees or invitees regardless of
where the injury, death or damage may occur, unless such injury, death or damage is
caused by the sole negligence of the Sponsor or the Homeowner and regardless of whether
or not the Contractor is or can be named a party in any litigation. The Sponsor or the
Consultant shall give the Contractor reasonable notice of any such claims or actions. The
provisions of this section shall survive the expiration or earlier termination of this Contract.
(b) The indemnification obligation of subparagraph 17.(a) above shall not be limited in any
way by compensation benefits payable by or for the Contractor, under applicable workers, or
workman's compensation benefit or disability laws. The Contractor expressly waives any
immunity the Contractor might have had under such laws, and, by agreeing to enter into this
Contract, acknowledges that the foregoing waiver has been mutually negotiated by the
parties.
AGREEMENT URS Corporation 00500 - 6
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
18. The Contractor shall pay all attorneys' fees and expenses incurred by the Homeowner or the
Sponsor in establishing and enforcing the Homeowner's and/or the Sponsor's rights under
this Contract, whether or not suit is instituted.
19. The Contractor agrees to maintain comprehensive public liability and comprehensive
property damage insurance, on an occurrence basis, amounts of not less than the following:
BODILY INJURY & PROPERTY DAMAGE $ 1,000,000 Combined Single Limit
WORKMAN'S COMPENSATION Statutory
EMPLOYERS LIABILITY $ 500,000 Each Accident
$ 500,000 Policy Limit
$ 500,000 Each Employee
PRODUCTS LIABILITY & COMPLETED OPERATIONS $ 1,000,000 Each Accident
FIRE & EXTENDED COVERAGE An amount equal to 100% of the value of the
improvements (facility).
Fleet insurance, or such other types of coverage, may be acceptable; however, the
minimum shall be $1,000,000 combined single limit.
The following shall be named as additional insured under all policies of insurance (except
Workman's Compensation):
1. Monroe County
2. The Homeowner
The Contractor agrees that all insurance policies shall contain a severability of interest or
cross -liability provision endorsement which shall read generally as follows:
In the event of one of the assured incurring liability to any other of the assured,
this policy shall cover the assured against whom claim is or may be made in the
same manner as if separate policies had been issued to each assured. Nothing
contained herein shall operate to increase the limits of liability.
The Contractor agrees that all insurance policies shall provide that they will not be altered or
canceled without thirty (30) days advance written notice to the Sponsor. Such insurance
must provide that it will be considered primary insurance as respects any other valid and
collectible insurance, or self -insured retention, or deductible the Sponsor may possess. Any
other insurance or self -insured retention of the Sponsor shall be considered excess
insurance only.
AGREEMENT URS Corporation 00500 - 7
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
The Sponsor shall have the right to change the insurance coverage and the insurance limits
required of the Contractor, without any cost to the Sponsor, if such changes are
recommended or imposed by the Sponsor's insurers.
The Contractor shall obtain all insurance required from an insurance company or companies
licensed to do business in the State of Florida. The insurance company must be acceptable
to the Sponsor. Approval may be denied a company based in its Best rating or other
indication of financial inadequacy.
The Contractor shall provide to the Sponsor such evidence of compliance with the
Sponsor's insurance requirements as the Sponsor may from time to time request. At a
minimum, the Contractor shall provide, at the commencement of the Contract a Certificate of
Insurance. All such certificates shall be completed to show compliance with the Contractor's
obligations hereunder, specifically as to the indemnification and notice provisions. The
Sponsor may also require copies of the declaration page, insurance policy, and
endorsements thereto.
If the Contractor or its insurance company fails to promptly respond to the Sponsor's request
for adequate evidence of compliance with the insurance provisions, the Sponsor may, in
addition to all its other remedies, charge the Contractor an amount equal to ten percent
(10%) of the compensation required hereunder until such evidence is provided.
If the Contractor shall at any time fail to insure or keep insured as aforesaid, the Sponsor
may do all things necessary to effect or maintain such insurance and all monies expended
by it for that purpose shall be repayable by the Contractor in the month the premium or
premiums are paid by the Sponsor. If any insurance policies required hereunder cannot be
obtained for any reason, the Sponsor may require the Contractor to cease any and all
operations until coverage is obtained. If such insurance coverage is not obtained within a
reasonable period of time, to be determined solely by the Sponsor, the Sponsor may
terminate this Contract.
20. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents or fails to perform any provision of the Contract, the Sponsor may, after seven
(7) days' written notice to the Contractor and the Homeowner, and without prejudice to any
other remedy it may have, make good such deficiencies and may terminate the Contract
and take possession of the site and of all materials and may finish the work by whatever
method it may deem expedient.
21. If, in the Homeowner's opinion, the Work is unsatisfactory or the Contractor is damaging the
Premises during the course of the Work, the Homeowner should immediately notify the
Architect and the Sponsor's Representative. If the situation is reasonable and cannot be
resolved to the Homeowner's satisfaction, the Homeowner may, upon written notice to the
Sponsor, seek corrective action or withdraw from the program.
22. The Contractor shall at all times comply with all federal, state, and local laws, ordinances
and regulations which apply to the Work to be performed under this Contract. Such
compliance shall include, but is not limited to, the payment of all applicable taxes, royalties,
license fees, penalties, and duties. NOTICE: All Home Improvement Contractors must be
AGREEMENT URS Corporation 00500 - 8
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
licensed by the State of Florida. Any inquiries about a Contractor should be transmitted to
the State Office of the Contractor's Licensing Board.
23. This Contract shall be construed in accordance with and be governed by the laws of Florida.
Venue for any litigation arising under this contract must be in a court of competent
jurisdiction in Monroe County, Florida.
24. The Contractor assures that, to the extent applicable, it will undertake an affirmative action
program as required by 14 Code of Federal Regulations Part 152, Subpart E, to insure that
no person shall on the grounds of race, creed, color, national origin, handicap or sex be
excluded from participating in or receiving the services or benefits of any program or activity
covered by said subpart. The Contractor assures that it will require that its covered sub -
organizations provide assurances to the Contractor that they similarly will undertake
affirmative action programs and that they will require assurances from their sub -
organizations, as required by 14 Code Federal Regulations Part 152, Subpart E, to the
same effect.
Further, the Contractor shall comply with the regulations relative to the nondiscrimination in
Federally -assisted programs of the Department of Transportation (hereinafter DOT) Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the "Regulations"), which are herein incorporated by reference
and made a part of this Contract.
(a) The Contractor, with regard to the Work Performed by it during the term of this Contract,
shall not discriminate on the ground of age, sex, race, creed, color, handicap, or national
origin in the selection and retention of subcontractors, including procurement of materials
and leases of equipment. The Contractor shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations.
(b) In all solicitations either by competitive bidding or negotiation by the Contractor for Work
to be performed under a subcontract, including procurement of materials and leases of
equipment, each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of age, sex, race, creed, color, handicap, or national
origin.
(c) The Contractor shall provide all information and reports required by the Regulations or
directive issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Sponsor or the
Federal Aviation Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a Contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the Sponsor or the Federal Aviation Administration, as
appropriate, and shall set forth what efforts it has made to obtain the information.
(d) In the event of the Contractor's noncompliance with the nondiscrimination provisions of
this Contract, the Sponsor shall impose such contract sanctions as it or the Federal Aviation
Administration may determine to be appropriate, including but not limited to:
AGREEMENT URS Corporation 00500 - 9
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
(i) Withholding of payments to the Contractor under this Contract until the Contractor
complies and/or
(ii) Cancellation, termination, or suspension of this Contract, in whole or in part.
(e) In the carrying out of the Contract Work, the Contractor shall not discriminate against any
employee or applicant for employment because of race, creed, color, sex, age, handicap, or
national origin. The Contractor shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
creed, color, sex, age handicap, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer, recruitment or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the government setting forth the provisions of this
nondiscrimination clause. The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified applicants shall
receive consideration for employment without regard to race, creed, color, sex, age,
handicap or national origin. The Contractor shall incorporate foregoing requirements of this
paragraph in all subcontracts for services covered by this Contract.
(f) The Contractor shall include the provisions of this Section in every subcontract, including
procurement of materials and leases of equipment, unless exempted by the regulations or
directives issued pursuant thereto. The Contractor shall take such action, with respect to
any subcontract or procurement, as the Sponsor or the Federal Aviation Administration may
direct as a means of enforcing such provisions including sanctions noncompliance.
25. It is the policy of the Department of Transportation and the Sponsor that disadvantaged
business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds
under this Contract. Consequently, the DBE requirements of 49 CFR Part 26 apply to this
Contract.
The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of contracts
and subcontracts financed in whole or in part with Federal funds provided under this
contract. In this regard, Contract shall take all necessary and reasonable steps in
accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have
the maximum opportunity to compete for and perform contracts. Contractor shall not
discriminate on the basis of race, color, national origin or sex, in the award of DOT assisted
contracts. For the purposes of this Contract, the Contractor shall in the review of proposals
for Work to be performed seek to meet the Sponsor's goal of a minimum of 15% of the work
to be awarded to qualified DBE firms on the Noise Insulation Program.
The calculation of percentage of Disadvantaged Business Enterprise participation shall be
as a percentage of the total dollar amount of all contracts awarded to complete the Noise
Insulation Program.
26. Conflicts of Interest: Neither the contracting party (parties), or its employees nor any
member of their family or organization, shall have any direct or indirect interest, financial or
otherwise, in the business of any individual, entity or corporation involved in this project,
AGREEMENT URS Corporation 00500 - 10
MONROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT
directly or indirectly involving the Airport. The undersigned warrants that they (or it)
presently have no interest which would conflict in any manner with nay of the contractual
responsibilities under this Agreement. The contracting party (parties) certifies that they (or
it) have not employed or retained any company, firm or person, other than bona fide
employees working solely for them to provide the necessary labor, management and
material to perform the work under this Contract; that no payment has been paid or agreed
to be paid to any company, firm or person other than bona fide employees working solely for
the undersigned and no fee, commission, percentage, gifts or any other consideration is to
be paid contingent upon or resulting from the award or making of the Agreement. For
breach or violation of this warranty, the Airport shall have the right to annul this Agreement
without liability.
27. The Sponsor may terminate the Homeowner's participation in the Noise Insulation Program
upon delivery of written notice to the Homeowner if (a) the Homeowner fails or refuses to
correct conditions at the premises pursuant to paragraph 16b(2) above; (b) the Homeowner
fails to abide by any of the terms or conditions of the Monroe County -Homeowner Noise
Insulation Contract, or (c) the Homeowner is unreasonable, uncooperative or fails to
exercise good faith in the performance of the Monroe County -Homeowner Noise Insulation
Contract. If the Sponsor terminates a Homeowner, they will pay the Contractor that portion
of the contract sum for the individual Homeowner earned prior to termination.
28. The Contractor makes oath he has complied with all the provisions of the applicable
Contractor's Licensing Act of the State of Florida.
29. Monroe County's performance and obligation to pay under this agreement is contingent
upon an annual appropriation by the BOCC.
AGREEMENT URS Corporation 00500 - 11
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CONTRACTOR NOISE INSULATION CONTRACT
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.� ESS WHEREOF, the parties hereto have executed this Agreement on the latest date
Allanbelow.
State Building Contractor's Lioense # CBC058763
Expiration Date Auaust 31, 2004
By:
Name: Barry Lioskv
Title: President
Date:
STATE OF: New York
COUNTY OF: Suffolk
On this day of _ , in the year 2003,
who is personally known to me, or who produced satisfactory idenfificahon, affixed his/her signature in the
space provided above.
MONROE COUNTY ATTORNEY
SIGNATURE OF NOTARY PUBLIC A 0 FORM:
R RT N. WOLFE
CHIEF Ass T COUNTYATTORNEY
MONROE COUNTY: vale
By:
Name:
Title:
Date:
AGREEMENT URS Corporat►on 00500 - 12
�UUJ
SECTION 00468
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
• This sworn statement is submitted to Monroe County Board of County Commissioners
by -?-Aa&4 Ltf-5 << DES 7
for L t PS tG tom,
-�v►�PZ�S�" Zr.3c
whose business address is:
6(q ,oa1N+JIG 474t•IW.4`1
And (if applicable) its Federal Employer Identification Number (FEIN) is (( a S y 4co OCR
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement;
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 1 ) violation of any state or federal law by a person with respect to and directly related to the transact on of bmeans a
usiness
with any public entity or with an agency or political subdivision of any other state or of 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 antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand that 'convicted" or 'conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guild, 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, nonjury trial, or entry of a plea of guilty or nolo contendere.
4 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
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, shareholders, employees, members, and agents who are active in the management of an affiliate.
The ownership by one aerson 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 public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
`. I understand that 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 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 "persons" includes
those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
PUBLIC ENTITY CRIMES URS Corporation
CC458 - 1
00, \l - L I/ V J 1 L . 11 I' .'1.1 LLIJ 11 Il Ii
6 Based on information and belief, the statement which 1 have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged and convicted of a public entity crime subsequent to July 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, 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, 1989. However,
there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the
public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of
the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES
FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Signed by: g(2q,Date
(Mu a sagesigir&em) (Date)
STATE OF: /Up vU
COUNTY OF:
On this _day of v m the yea;;Z!j ,
who is personally known to e, or who produced satisfactory identi cation, a axed hi fier signature in the space
provided above.
JAMES R FARRELL, JR.
Nutary Public, State of New York
4ATUR OF'NOTARY PUBLIC No.02FM00754i
Qualified in Suffolk County
1ralssion Expires December 31, 20 O2-
END OF SWORN STATEMENT ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES URS Corporation 00458 - 2
Uh/U4/201,13 1Z:U9 PAA
i
f �.a- l d Y •;y
� S€
SECTION 00450
NON -COLLUSION AFFIDAVIT
to 1) O Z
3?A�11 L1.PS,eH, r,L S.D1.--
according to law on my oath, and under penalty of perjury, depose and say that: l�
1. 1 am t' h6S ` 0 6') -r
of the firm of L► PS j[.NT.J
the bidder making the Proposal for the project described in the notice for calling for bids for:
Key West International Airport Noise Insulation Program — Phase 2
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation
to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County
relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
Signed by,-
(MdM be say signature as Sid Form) (Date)
STATE OF: yu 9 X_.
COUNTY OF: v
On this /Zoz!�Zz
day of yL'n the yearZ D►� '
who is personally known to me, or who produced satisfactory identi cation, affixed hi/her signature in the space
provided above.
% JAMES P. FARRELL, JR.
Notary Public, We of New York
No. 02FA4807541
,:,;__e,GNAT URE O NOTARY PUBLI Qualliled in Suffolk County
mmission Expires Decembet 31, 20 PZ
END OF NON -COLLUSION AFFIDAVIT
NON -COLLUSION AFFIDAVIT URS Corporation I - 00450 - 1
.ri
SECTION 00451
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
LI PS rtl �, -P2,s/ s, y�c-
(Name of Business)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former County
officer or employee".
Signed by:
(Must Wsam6 signature -a On id o m)
STATE OF: Al x)
COUNTY OF: 21
m
e/a9/OJL-
(Date)
On this --XQ�daY of V V the y ear Zest, Zuz- �who ;s personally known to m , or who produced satisfa ory ides fication, affixed Is/her signature in the space
provided above.
JAMES P. FARRELL, JR-
NATURE OF NOTARY PUBLI Notary Public, State 01 New York
No. 02FM80754.1
Qualified in Suffolk County
emission Expires December 31, 20oz
END OF LOBBYING AND CONFLICT OF INTEREST CLAUSE
LOBBYING AND CONFLICT URS Corporation 00451 - 1
OF INTEREST CLAUSE
i
SECTION 00456
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29
(Version 1, 1/5/90)
The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency. It
further agrees by submitting this proposal that it will include this clause with modification in all lower
tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/ offeror/
contractor of any lower tier participant is unable to certify to this statement, it shall attach an
explanation to this solicitation/proposal.
Signed by:
"ustbegnature as B6 Form) (Date)
STATE OF; Z tAV D
COUNTY OF: -�-v I IV r—rn fl
On this X_day of 1y� v c , in the year me Z -2,•
who is personalty known to me, or who produced satisfactory ide ification, aft ed s/her signature in the space
provided above.
JAMES R FARRELL, JR.
i Notary Public, State of New York
No.02FA4807541
ATURE OF NOTARY PUBLIC Qualified in Suffolk County
::emission Expires December 31, 20 PZ
END OF CERTIFICATION REGARDING DEBARMENT, ETC.
DEBARMENT, SUSPENSION, ETC. URS Corporation — 00456 - 1
Rug 14 03 01:40p p,1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Lipsky Enterprises, Inc. Effective Date: Execution
Expiration Date: 295 days
Contract Purpose/Description: Noise Insulation Program, Phase 2 construction
Contract Manager: Bevette Moore # 5195 Airports - Stop # 5
(name) (Ext.) (Department/Courier Stop)
for BOCC meeting on: 8/20/03 Agenda Deadline: 8/5/03
CONTRACT COSTS
Total Dollar Value of Contract: 1,285,637.00 Current Year Portion: - 10,000.00
Budgeted? Yes Account Codes: 404-63075-560630-GAKA72
Grant: Yes - FAA
County Match: PFC Revenue
ADDITIONAL COSTS j
Estimated Ongoing Costs. N/A For: .
(not included in dollar value above) leg. maintenance, utilities, janitorial, salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed
Yes N c
Airports Director
Risk Management 7
O.M.B./Purchasing
County Attomey 'ILL
i
Reviewer
Date Out
1 /4-703
7 /X/U�
n L ,e �
Rob Wolfe --
c-li fllY l�l!r r L JI c'