Item C30
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 WORDING: Approval of contract with Atlantic Metals Welding & Fabrication Co. to replace handrails on
the Customs Building at the Key West International Airport.
ITEM BACKGROUND: This project will be funded by the Federal Aviation Administration and Passenger Facility Charge
Revenue.
PREVIOUS RELEVANT SOCC ACTION: Approval to submit PFC Application # 8 to the Federal Aviation Administration,
October 15, 2003.
CONTRACT/AGREEMENT CHANGES: New contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $44,520.00
BUDGETED: Yes
COST TO AIRPORT: None
COST TO PFC: 2,226.00
COST TO COUNTY: None
SOURCE OF FUNDS: FAA, PFC Revenue
REVENUE PRODUCING: No
AMOUNT PER MONTH /YEAR
APPROVED BY: County Attorney X
OMS/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
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Peter J. Horton
DOCUMENTATION: InclUded X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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Contract with:
CONTRACT SUMMARY
Contract #
Atlantic Metals Welding & Fabrication Co.
Effective Date: Execution
Expiration Date: 45 calendar days
Contract Purpose/Description: Customs Building ~ Replace Handrails, Key West International Airport
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
Airports - Stop # 5
(Department! Stop)
,
I for BOCC meeting on: 4/20105
Agenda Deadline: 4/5/05
CONTRACT COSTS
Total Dollar Value of Contract: $44,520.00
Budgeted? Yes
Grant: Yes - FAA
County Match: PFC Revenue
Current Year Portion: $44,520.00
Account Codes: 404-63090-560630-GAKA87
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
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Peter tlorton
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Airports Director
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Risk Management
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/>.:./~7P Jyr(~
,,' for OM~
Pe.-&y\"'(V A~tLCA J 0
County Attorney
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O. M.B./Purchasing
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County Attorney
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SECTION D
CONTRACT TO
Terminal Rehabilitation
(Custom Building - Replace Handrails)
Kev West International Airport
THIS AGREEMENT made and entered into the day of
by and between [U:lailtic cJet.Jl:3 'Iellliuc; ,:~ r'anrication Co. 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:
Terminal Rehabilitation
(Custom Buildinq - Replace Handrails)
Kev West International Airport
Monroe County, Florida
2.
That the Contractor shall commence the work to be petformed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within forty-five (45) 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:
Approximateiy /orty-fo'll"c thnllsanJ five :nm6uce,[ t':12Utv--- Dollars
($!:V"f" S:!.u. uO ) 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 Contractor basis of a duly certified and approved estimate
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of work performed during the preceding calendar month by the Contractor, less
ten percent (10%) of the amount of such estimate which is to be retained by the
Owner until all work has been performed strictly in accordance with this
agreement.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, 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 included, that the work remains uncompleted, which sum shall represent
the actual damages which the Owner will have sustained per day by failure of the
Contractor to complete the work within the time stipulated and this sum is not a
penalty being the stipulated damages the Owner will have sustained in the event
of such default by the Contractor.
7. It is further mutu;Jlly ;Jgreod betvl8en the p:Jrties hereto th:Jt if :Jt ;Jny time ;Jfter
the execution of thic agreement ;Jnd tho surety bond hereto ;Jtl;Jched for its
f3ithful perform3nce, the Owner shall deem tho surety or suretieE upon cuch
bond to bo uns:Jtisf3ctory, or if, for 3ny reason, such bond Ge3SeS to be 3dequ3to
to cover the perfonn;Jnce of tho work, the ContrClctor sh;JlI, ::It its expense within
five (5) d3YS after the receipt of notice from the Owner ~o to do, furnish ;In
::IdditionClj bond or bonds in such form ;Jnd ::Imount .:md with such surety or
sureties :Je sh:J1l be s;Jtisf3ctOry to tho O'Nnor. In such event, no fbllther p:Jymont
to the Contr:Jctor sh::lll be deemed to be due under thic agreement until such ne'lJ
or additional security for the bithful perfonn::lnco of the 'Nark sh;JlI bo furniehed in
m.:mner and form s;Jtisbctory 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.
~-\ clem tiCl:::: CLL:; h .LJL nil cr'abr led': inn ~o. DIXIE M. SPEHAR
(Contractor) (Monroe County Board of Commissioners)
By: ?~<.-L /<=L
By:
Title:
Title:
MAYOR
President*
MONROE COUNTVp,TTOANIY ~
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ASSISTANT qpvNTVATTORNEV
(SEAl)
AmST: DANNY L. KOLHAGE, CLERK
BY
Qil>\JTY Cl..ERK
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WITNESS: ~~--,-~~/Q
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WITNESS:~'i~:!dJ~.j-,'-..J (~L6(?- ~
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STATE OF FLORIDA
COUNTY OF \'YI611('O ~
I, the undersigned authority, a Notary Public in and for said County and State hereby
certify that JJ,A.Q\\ Q.. \<oJ"n whose name as pft:":,,clQ,'\L~ti-I.W~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.
Given under my hand and seal this \ t-\ -lb day of ~ y\ 0, CL ~, , 20 0'::, .
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,. Notary Public
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* Who is authorized by the cOfRprat;?n t?-ex~cute 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 01
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, uloan, or cooperative agreement. the undersigned shall complete and
submit Standard Fonn-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:
/iJ~ /GL-
Jntractor's Authorized Representative
Dated: / L - 2 -0 t..f
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SECTION K
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and sworn to in the presence of a Notary Public or other
official authorized to administer oaths.
1.
This sworn statement IS submitted with Bid, Proposal or Contract No.
Terminal Rehabilitation (Custom Bldg-Replace handrails)
for replace handrails
2.
This sworn statement is submitted by Atlantic Metals Welding & Fabrication Co.
(name of entity submitting swom statement)
whose business address is 5642 3rd Ave.
Key West, Fl. 33040
and (if applicable) its Federal Employer Identification Number (FEIN) is:
45-0536163
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement .)
3.
My name is Duane Kahn
my (please print name of individual signing)
and
relationship to the entity named above is president
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 poHtical 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. I understand that "convicted" or "conviction", as defined in Paragraph
287.133(1 )(6), Florida Statutes, means a finding of guilt or a conviction of a
public entity crime with or without an adjudication of guilt in any federal or state
trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty
or nolo contendere.
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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
cnme; 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(1)(e), Florida
Statutes, means any natural person or entity organized under the Jaws 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 tenn "person" includes those officers,
directors, executives, partners, shareholders, employees, members and agents
who are active in management of an entity.
8.
Based on infonnation and belief, the statement which I have marked below is
true in relation to the entity submitting this sworn statement. (Indicate which
statement applies.)
x 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 sLbmitting this swam 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. )
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:
Il~ /~
president
Title
12-02-04
Date
STATE OF FLORI DA
COUNTY OF: _jOP..~G2
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The foregoing instrument was acknowledged before me this :L J..h day of p ~/k
20Ltt, by Duane Kahn of Atlantic Metals WeldinR & FRhr ro
(Sole, Corporation or Partnership)
wh 's personal! known to me r who has produced
as iden cation and who did/did not take an oath.
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tSignature 0 Notary Public, State of Florida at Large)
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~';"jCi/'l Mh
(Print name of Notary Public)
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My Commission Expires {, -3-tJY
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SECTION L
SWORN STATEl\ffiNT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY, FLORIDA
ETIlleS CLAUSE
Atlantic Metals Welding and Fabrication Co. warrants that hefrt: has not employed, retained or
otherwise had act on hisfrts behalf any fanner County officer or empfoyee in violation of Section
2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No.1 0-1990. 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.
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(Signature)
Date: 1 - 1.. 'I - 0 ~-
STATE OF: Florida
COUNTY OF: Monroe
PERSONALLY APPEARED BEFORE ME the undersigned authority:
Duane Kahn of Atlantic Metals Welding and Fabrication Co., who, after first being sworn by me,
affixed hislher signature (name of individual signing) in the space provided above on this 28th
day of January .L...2005,
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(Signature of Notary Public. State of Florida at large)
Susan Kahn
(Print name of Notary Public)
.,\\\lUlU 1111111
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My Commission Expires June 03,2008
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