Item C10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 10/21/09 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of contract with Quality Enterprises, USA, Inc., for Runway Safety Area
improvements at the Key West International Airport.
ITEM BACKGROUND: This project will be funded 95% by the Federal Aviation Administration, 2.5% Passenger Facility
Charge Revenue, and 2.5% Florida Department of Transportation.
PREVIOUS RELEVANT BOCC ACTION: Approval of award of bid to Quality Enterprises USA, August 19, 2009.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: $2,296,711.98
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO AIRPORT: None
COST TO PFC: $57,417.79
COST TO COUNTY: None
INDIRECT COST: n/a BUDGETED: Yes
SOURCE OF FUNDS: FAA, PFC revenue, FDOT
REVENUE PRODUCING: No AMOUNT PER MONTH NEAR:
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X
DISPOSITION:
/bev
AO
revised 7/09
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Quality Enterprises USA, Inc. Effective Date: Execution
Expiration Date: 240 days from NTP (construction)
Contract Purpose/Description: Runway Safety Area Improvements at the Key West International Airport
Contract Manager: Peter Horton # 5200 Airports - Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: 10/21/09 Agenda Deadline: 10/6/09
CONTRACT COSTS
Total Dollar Value of Contract: $2,296,711.98 Current Year Portion: $2,296,711.98
Budgeted? Yes Account Codes: 406-636104-GAKDP101
Grant: Yes — FAA & FDOT 406-636134-GAKAP129
County Match: PFC Revenue
ADDITIONAL COSTS
Estimated Ongoing Costs: n/a For: .
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In Needed
Yes No
Airports Director I. Zq/Qq ( ) yQ
Risk Mana e_fnen�
O.M.B:/Purc asing
County Attorney
Comments:
9
=on
Reviewer
"�Ay 11f2f.G9dd
County Attorney
Date Out
SECTION D
CONTRACT TO
Runway Safety Area Improvements
Key West International Airport
THIS AGREEMENT made and entered into the day of
by and between Quality Enterprises TrSA, T,u _ 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:
Runway Safety Area Improvements
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 two hundred and forty (240) 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:
Two Million Two Hundred Ninety Six Thousand
Apr!oximately Seven Hundred Eleven Dollars and Ninety Eight 006" Cents
($ 2, 296, 711.9s ) 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
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 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 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 due under this agreement until such new
or additional security for the faithful performance of the work shall be furnished in
mariner 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.
ity Enterprises USA, Inc.
n (Contractor)
Pall JJ/. 'Moriarty
Title: Vie President
President*
WITNES .
ouis J. Gaudio
Monroe County Board of Commissioners)
By:
Title:
WITNESS:
11-7
v.Lce rresiaent UT *ir 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 V day of , 2009
AURCIE L OONEN
..`__ MY COMMISSION # DD 50152ti
EXPIRES: Fabn►a y 11, 2010
Notary Public+.
* Who is authorized by the corporation to execute this contract.
** Quality Enterprises USA, Inc.
s
M E C UNTY AT R E
ROV D AST
SISTANT COON
Date ATTORNEY ll
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