Item C07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 10/20/04 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of contract with Community Asphalt Corp., for Cargo Apron resurfacing at the
Florida Keys Marathon Airport.
ITEM BACKGROUND: This project will be funded 95% by the Federal Aviation Administration, and 5% by Passenger
Facility Charge Revenue.
PREVIOUS RELEVANT BOCC ACTION: Award of bid to Community Asphalt, 8/18/04. Approval to submit PFC
Application # 7, 2/19/03.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $104,685.50
COST TO AIRPORT: None
COST TO PFC: $5,234.27
COST TO COUNTY: None
BUDGETED: Yes
SOURCE OF FUNDS: FAA, PFC Revenue
REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
DIRECTOR OF AIRPORTS APPROVAL r�
Peter J. Horton
DOCUMENTATION: Included X
DISPOSITION:
/bev
APB
To Follow Not Required
AGENDA ITEM # 0 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Community Asphalt Effective Date: Execution
Expiration Date: 30 days from NTP
Contract Purpose/Description: Cargo Apron Resurfacing at the Marathon Airport
Contract Manager: Bevette Moore # 5195 Airports - Stop # 5
(name) (Ext.) (Department/Courier Stop)
for BOCC meeting on: 10/20/04 Agenda Deadline: 10/5/04
Total Dollar Value of Contract: 104,685.50
Budgeted? Yes
Grant: FAA, 95%
County Match: PFC Revenue
Estimated Ongoing Costs: N/A
(not included in dollar value above)
CONTRACT COSTS
Current Year Portion: 104,685.50
Account Codes: 403-63548-GAMA45
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In
Needed
Yes No
Reviewer
Date Out
Airports Director
to/ koot
j.--
Management
/0
( ) (.�O.M.B./Purchasing/,/
HohRisk
Manag"et
gler
County Attorney
/ /
( ) ( )
ffor O
Pejn & 2A.C4 do,
County Attorney
Comments:
SECTION D
' CONTRACT TO
ICar -go Apron Resurfacing
Florida Kevs Marathon Airport
THIS AGREEMENT made and entered into the day of
' by and between COMMUNITY ASPHAI T CORE? Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with
Ithe Owner as follows:
1. That the Contractor, shall fumish 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:
Cargo Apron Resurfacina
Florida Keys Marathon 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 hereunder within thirty 30 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:
'/ �ems%
Approximately n lRDollars
($1 I)cf ; (cam . 50 ) in accordance with lump sum and unif 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
M
retained by the Owner unfit all work has been performed strictly in accordance
with this agreement.
6. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in U. 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 u lion 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 amounts described in the
Liquidated Damages Section per day for each day. thereafter, Sundays and
holidays induded..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 oomplete 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 unsafWactory, 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 shah 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 fumishegn
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.
COMMUNITY ASPHALT CORP
(Monroe County Board of Commissioners)
By:
Tide:
WITNESS:
PP ED A F M
A LEGAL
BY
II-7 EY'S aFFICE
DATE s
To
STATE OF FLORIDA
COUNTY OF
I, the undersigned authority, a Notary Public in and for said Co r� �j�c� S to reb
certify that n whose name as uU�!�lU�l �P�14 T CORE
signed to the foregoing instrumeAf and who is known to me, acknowledged before me
on this day that being informed of the contents of the within instrument, he, in his
capacity as such, executed the same voluntarily on the date the same bears date.
Given under my hand and seal tX _ 11 day of V , 200�.
��►�"'y Susan Henn
MY commission pp022M
�Wres May 20, 2005
Notary Public
I* Who is authorized by the corporation to execute this contract.
I
M
SECTION K
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and sovorn to in the presence of a Notary Public or other
official authorized to administer oaths.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
2. This sworn statement is submitted by v COMMUNITY ASPHALT CORP.
(name of entity submitting sworn statement)
whose business address is 14005 fiyy 19 U St
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement: )
3. My name is CA L_ �c-pXa'1CkIN& and
my (please print name of individual signing)
relationship to the entity named above is pA.2o�LQ�P-,�t-
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 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 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 guit 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, noMury trial or entry of a plea of guilty
or nolo contendere.
1-29
6. 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
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 public entity
crime in Florida during the preceding 36 months shall be considered an
affiliate.
7. 1 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 "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 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 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, AND (please indicate which additional
statement applies)
There has been a proceeding concerning the conviction before a Hearing
1-30
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 convicted vendor list. (Please attach a copy of the Final
Order.)
The person or affiliate was placed on the convicted vendor list. There has
been 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 the convicted vendor list. (Please attach a
copy of the Final Order.)
The person 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:
J4g- L anclez PhiSA-i1+
Title
STATE OF FI-6RIDA
COUNTY OF:
�Ig;104
ate
The foregoing instrument was acknowledged before me this $_ day of
20Q& by
who is personally kmwr
as-identiftation and why
(S' Aare of Nota Pub
—q
(Print name of Notary Public)
My Commission Expires
(Sole, Corporation or Partnership)
or who has produced
J not take an oath.
of Florida at Large)
Susan Herrera
My Commission DDW248
Expires May 20, 2005
k31
SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
COMMUNITY ASPHALT CORP.
warrants that he&)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. 10-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. 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. 1
Jcs.e. L. Frnccr�cSc�(Sig
Date: �p /Dy
STATE OF:,YQa.,
COUNTY OF:
PERSONALLY APPEARED BEFORE ME the undersigned authority:
who, after first being swo y me, affixe his her signature (name of individual signing)
in(jspade provi a A on this _ day of _ 20D4
l/
re of Nota ubli , State of Florida at Large)
(Print name of Notary Public) ,p commission ppo27248
pia; wdF Expires May 20, 2b05
My Commission Expires
1-32
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts, Grants, Loans 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 cooperative 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 agency, 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 of Lobby Activities", in accordance with
its instructions.
(3) The undeersigned 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 Grants, loans and inoperative agreements) and that
all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into 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 than $10,000 and not more than $100,000 for each such
failure.
Signed: Dated: J t,,t,' $ 20
Cont ctor's Authon Representative
Jos, . F.emanez, OL'L21 t
124