Item C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 2/16/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval of agreement with Smith Industries Inc., dba Smith Fence Company, for the
Security Fence Project at the Key West International Airport.
ITEM BACKGROUND: This project will be funded by the Federal Aviation Administration, Florida Department of
Transportation, and Passenger Facility Charge revenue.
PREVIOUS RELEVANT BOCC ACTION: Approval to submit Passenger Facility Charge Application # 9,
August 18,2004
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: $279,513.00
BUDGETED: Yes
COST TO AIRPORT: None
COST TO PFC: $6,978.82
COST TO COUNTY: None
SOURCE OF FUNDS: FAA, FDOT, PFC Revenue
REVENUE PRODUCING: No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Smith Industries
Effective Date: Execution
Expiration Date: 60 calendar days
Contract Purpose/Description: Security Fence at the Key West International Airport
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
for BOCC meeting on: 2/16/05
Agenda Deadline: 2/1/05
CONTRACT COSTS
Total Dollar Value of Contract: 279,513.00
Budgeted? Yes
Grant: Yes, FAA & FDOT
County Match: PFC Revenue
Current Year Portion: 279,513.00
Account Codes: 404-63089-560630-GAKA86
404-63072-530490-GAKD69
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
O.M.B./Purchasing
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Airports Director
L/2.1J-2S
Risk Management
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County Attorney
xr OMB
f' (L iLeI JVl e" 1L CA do
County Attorney
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SECTION D
CONTRACT TO
Security Fence and Related Work
Kev West International Airport
THIS AGREEMENT made and entered into the day of
by and between/2tIl1lZ;W~/Ai?tE.s./.<L. 004 5#/#1 ~L&H,P@V 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
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:
Secuirty Fence and Related Work
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 hereunder within sixty (60) 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:
APProximatel~j=~DOllars
($ 2-11.513 ) in accord" nce with lump sum and unit prices set forth in the
proposa'L ~ 27'1. 5H ...
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
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JAN-26-05 14,17 FROHHONROE COUNTY ATTY OFFICE ID3052923516
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 aU
payrolls, 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 amounts described in the
liquidated Damages Section per day for each day thereafter, Sundays and
holidays induded, that the work remains uncompleted, which sum shan represent
the actual damages which the Owner will have sustained per day by failure of the
Contractor 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 dlle 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 which shall, without proof or
acco . or the other counterpart. be deemed an original contract.
c::--
'CL
(Monroe County Board of Commissioners)
Title:
6Y
DATE _
11-7
PAGE
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WITNESS: 'rri {>.-!1 ()~~ (J <:J ~
WITNESS:_
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STATE OF FLORIDA
COUNTY OF ~
I, th.e undel'~gned authori otary Public in and for said ounty and State h~ebL.~ R; J.
certify that r~. vYl. I whose name as ,eitn+- of n Is: I Y1l~
signed to the fo going instrument and who is known to me, acknowledged beforeme LU.1-If( \ Y
on this day' 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 this ~ day of , 20 \..)~
Trinity L Fields
YCOMMISSION# 00183317 EXPIRES
February 11, 2007
BONDED TfiRU TROY FAIN INSURANCE. INC
zed by the corporation to execute this contract.
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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 agerx::y, 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 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 Grants, loans and cooperative 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 ~.JI~
Contractor's Authorized Representative '
Dated: j!zc/.W
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SECTION K
SWORN STATEMENT P.URSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
This form mLSt be signed and sworn to in the presence of a Notary Public or other
official authorized to administer oaths.
1.
~~:b~osalorContractNo
for' . 11.-- _ . .;OJ AA fi/A . .
This sworn statement is submitted by~ J../-h 'f,d/J d. J-~. 464 :jr; j Jh ~c ~
(name of entity submitting sworn statement)
2.
5. I understand that "convicted" or "conviction", as defined in Paragraph
287.133(1)(6), Florida Statutes, means a finc;fing 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.
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6.
I understand hat 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.
I understand that a "person", as defined in Paragraph 287.133(')(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
seNices 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.)
VNeither the entity submitting this sworn statement mr 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
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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. )
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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.)
s~~epresentative:
1~
Title
STATE OF FLORIDA
COUNTY OF: qr\.t \ \~
The fo~egOi~nstrument was aCkncrwled,ged before me thiS~
20~~ ,by \() -9. ~
(Sol , r Partnership)
who is personal own to me or who ed
as i ntification and W~id not take an oath.
..P..w1ic, State of. Florida at Large)
'1lfii'W.:'" Trmny LrlElRlS
: '. .~ MYCOMMISSION# 00183317 EXPIRES
:'" . iiJ February 11, 2007
(Print name of 0 arf.,ptj'blic)
. My Commission Expires -'ill ( tJ f
day of ~~Q.e r
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SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
S'r\,,'Jd, ~. ~t.. Ahtt Si.NJi ~ ~~ 11. 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. 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. J.. 1&
(Signature)
Date: ~ Of
STATE OF: T>lNiJ~
COUNTY OF:\:>'! \t\~\ \ t}iJ
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er signature (name of individual signing)
day of So~m"Q.Qy- ,20 DY.
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