Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 4/20/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON Peter Horton
AGENDA ITEM WORD!NG: Approval of contract with Ameriseal Northeast Florida for the Seal Coat Ramps project at the
Key West International airport.
ITEM BACKGROUND: Project will be funded by the Federal Aviation Administration, the Florida Department of
Transportation, and Passenger Facility Charge Revenue.
PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application # 8, October 15, 2003.
CONTRACT/AGREEMENT CHANGES. New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: $444,612.00
BUDGETED Yes
COST TO AIRPORT: None
COST TO PFC: $11,115.30
COST TO COUNTY: None
SOURCE OF FUNDS: FAA, FDOT, PFC Revenue
REVENUE PRODUCING. No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney X
OMB/Purchaslng X
Risk Management X
r
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AIRPORT DIRECTOR APPROVAL
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
Ibev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
I Contract with: Ameriseal Northeast Florida, Inc.
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I Contract Purpose/Description: Seal Coat Ramps, Marking, at the Key West International Airport
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Effective Date: Execution
Expiration Date: 60 days from NTP
I Contract Manager:
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Sevette Moore
(name)
# 5195
(Ext.)
Ai rports - Stop # 5
(Department/ Stop)
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I for SOCC meeting on: 4/20/05
Agenda Deadline: ?
CONTRACT COSTS
i Total Dollar Value of Contract:
I Budgeted? Yes
Grant: Yes, FAA & FOOT
, County Match: PFC Revenue
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: Estimated Ongoing Costs: n/a
I (not included in dollar value above)
$444,612.00
Current Year Portion: Entire
Account Codes: 404-63088-GAKA85
ADDITIONAL COSTS
For: .
(eg. maintenance. utilities. janitorial. salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No '~Ti
Airports Director -3 /L'D (OS ) \'A
---
Risk Management / ;. t ) C )
---
O.M'S./Purchasing --- ) (
County Attorney I ) (
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Comments:
Date Out
3-/~/05
/ ,\ /.'
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"'3 /Ib /05'
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SECTION D
CONTRACT TO
Seal Coat Ramps, Marking, T/W A-9 Rehabilitation
and Environmental Mitigation
Key West International Airport
THIS AGREEMENT ade and entered into the day of
by and between ~ ,~u _ /J,ertrc:.n-- he e. / -:;., , 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:
Seal Coat Ramps, Markinq, TIW A-9 Rehabilitation
and Environmental MitiQation
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 UnUed States as foHows:
Approximately I1iVJlrI/!~'w"'~/) H/'"cY-!:f.u,,"- 71!t,/J:h-/;\ S)J'/I:Lt<-J/,.::) 77oE'!.I/E Dollars
($ /4:./L/ 4/2. ".~ ) 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
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MAR-t6-0S 1737 FROM,MONROE COUNTY ATTY OFFICE ID30S2~2J~lb
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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 unut 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, 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
Ole Contractor of all wort covered by this 3greemel1 and the acceptance of such
work by the Owner.
6. It is mutually agr~ed 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
Uquidated Damages Section per day for each day thereafter, Sundays and
holidays induded, that the wor1<; remains uncompleted, whidl sum shall reipresenl
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 even.
of such default by the Contractor.
7. It IS further mutually agreed between the parties hereto Ihat 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 slI"sties 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 perfonnance of the work shall be furnished in
manner and fonn satisfactory to the Owner.
!N WITNESS WHEREOF the parties hereto have executed this agreement 01) the day
and date first above written in two (2) counterparts, each of which shaU, without proof or
accounting for the other counterpart, be deemed an original contract.
~~~~~~~i"--
(Contractor) (Monroe County Board of CommJssioners)
By; ~~P!:. --" ~7 By:
Title: J/ V Title:
VCE -President.
11-7
BY
DATE
I, the undersigned authority, a Notary Public in and for said County and State hereby
certify that C,,k/, {~~ ~ whose name as Y. fJ. of _ 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 instrument, he, in his
capacity as such, executed the same voluntarily on the date the same bears date.
7>~Z ,2005.
SHIRLEY A N DAVIS
NOTARY PUBLIC - STATE OF F1..0RJOA
COMMISSlON ~ 00115065
EXPIRES 0510612006
OONDED THRU 1$&NOTARY1
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:....-:::---.~;,..;....:>. i~~' '~~~~~~"'I:h&C"~.;~:-:t:.'~ffi~,{"i;\""---
WITNESS:~P'~~Q~A~ -'
STATE OF FLORIDA
COUNTY OF d ,~
Given under my hand and seal this 02'1 '7f1 day of
~~/k~
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Notary Public
"'="!.'lfI::,,~:;".'),i.:.r.""";_-~~'C;;}7.:'-+': ,.-.--:!:.*.....~..',.:. ~"",'~ ." '.,""", .~.::........:._:"'_:. " .'
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WITNESS:~\.-- ~ .-\ ~
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* Who is authorized by the corporation to execute this contract.
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SECTION E
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby
certifies that:
~,<'!~4r/ ~77rfrf5-r- h()~/'?:>,4.. ~r ~
(Name of Business)
1 . Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees
for violations of such prohibition.
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 employee 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), notify the employees that as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of or 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 in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on or require the satisfactory 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 faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As a person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Date:
':5h)~~
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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 0
the undersigned to any person for influencing or attempting to influence an office
or employee of any agency, a member of Congress, an officer or employee 01
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 makin{
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 01
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 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: .
Dated: /iJ ~~y'
/'
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SECTION K
SWORN STATEMENT P~RSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRiMES
This form must be signed and swam 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.
4I P /14".' 3-lz~ tlo"?7/ 2-t/O~ .
for /:::,"&y u{rsl ~ y;;)T&.-eA/~71tJ.vh-- ./I'//fn;<:.r.
F ~
2. This sworn stat~ment is sub!!Jitted by a ~ ~...e~AV' -;=r- ~L,
/l'm~~ A/,p~SdSr ~~ ~ ~name of entity submitting sw6iTI statement)
whose business address is /175 U 2/0 W J~ y/~> PL 3LZ.~J.
.f9- Z9t3 ~cffZA "'-:-1
and (if applicable) its Federal Employer Identification Number (FEIN) is:
.sp- <z982-0~&,
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement: .)
3.
c. ~ &..e?/~ ~
---
(please print name of individual signing)
and
My name is
my
relationship to the entity named above is 0u - ~.s.. 2>~ ,v'/.
4. - I 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 ant~-trust, fraud, theft, bribery,
collusion, racketeering, conspiracy or material mis-representation.
5. I understand that "convicted" or "conviction", as defined in Paragr:ph
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.
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6.
I 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 pub lic 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(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 S
true in relation to the entity submitting this sworn statement. (Indicate which
statement applies.)
Y 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
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~:;: ~~-."~~ '"...:..~::;~: :.e":-Y'~:~~<~~~.
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:
,~q~L~ 7r:
1//c..:: - ~...c., ~~ ;z/7
Title
/~/z0Y
Oat
STATE OF FLORIDA
COUNTY OF: &. -UcA--
The foregoing instrument was acknowledged before me this ...2...s-~ day of ~~
20#, by G. AI, a,.4.-;hQ::ZZ::-
(Sole, Corporation or Partnership0
who is personally known to me or who has produced ~~
as identification and who did/did not take an oath. /.. ,/
~~
a- LJ~
Public, State of Florida at Large)
. 52/~~ ~n flvIJ
(Prrnt name of ~dry Public)
My Commissior ~xpires CJ~~~6
SHIRLEY ANN DAVIS
NOTARY PUBLIC. STATE OF FLORIDA
COMMISSION II 0011 ~5
EXPIRES 051002006
BO~DED THRU 1-BS8-~OTARY'
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SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
C4 ~~ -;:r- warrants that he/it has not
employed, retained or othel'W'ise 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, percertage, gift or consideration paid to
the former County officer or employee.
~~~~
Date: /Oh~/
/ / '
-:J /J ,. /
STATE OF: ~~
COUNTY OF: ~. ~~ --'"
PERSONALLY APPEAR 0 BEF?RE ME the undersigned authority:
who, after first being swom by me, affixed his/her signature (name of individual signing)
in the space provided above on this 02..s'""""t'&- day of f12..~ ,20~~
. , M ~ 7-
- ~
ary Public, State of Florida at Large)
,.
~ov/..5
My Commission Expires
t'S#4i~~~
I I
SHIRLEY ANN DAVIS
NOTARY PU8L1C. STATE OF FlORIDA
COMMISSION # [)[)115!.JC5
EXPIRES 05lll6l2006
BONOEOT~RU1~NOTARYl
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