1st Amendment 02/20/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MoxnoE COUNTY, FLORMa
DATE: September 18, 2013
TO: Peter Horton,
Director of Airports
ATTN: Judy Layne, Senior Coordinator
Airport Grants and Finance ,
FROM: Vitia Fernandez, D. C.
At the February 20, 2013, Board of County Commissioners meeting, the Board granted approval
of the following items:
Item C4 First Amendment to the Professional Services Agreement between Monroe County and
FTI Consulting, Inc.
Item C5 Contract Renewal Agreement with Gardens of Eden of the Florida Keys, Inc. for
landscaping services at the Key West International Airport.
Item C6 First Amendment between Monroe County and Pedro Falcon Electrical Contractors, Inc
Attached is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney (w/o documents)
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
o
1 St AMENDMENT TO THE
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONTRACTOR
THIS FIRST AMENDMENT is made this 20th 1h day of February, 2013 by and between
Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, hereafter "County" and Pedro Falcon Electrical Contractors, Inc., A Florida
Corporation whose address is 31160 Avenue C, Big Pine Key, Florida 33043 -4516 hereafter
"Contractor ".
WITNESSETH
WHEREAS, on the 16 day of May 2012, the County and the Contractor entered in to an
Agreement for construction services at the Customs Terminal of the Key West International
Airport, hereafter "Original Agreement "; and,
WHERE_ AS, the parties contemplated that Project Management Services would be
provided by the mbi I k2m Architectural firm; and,
WHEREAS, The Original Agreement incorrectly indentifies the entity providing Project
Management Services; and,
WHEREAS, the parties wish to correct the error in the Original Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree to amend the original agreement as follows:
"Project Management" of the Original Agreement is amended to read as follows:
Project Management mbi I k2m Architecture Inc.
1001 Whitehead St. Suite 101
Key West, Florida 33040
Mr. Anthony D. Sarno, R.A., Project Manager
2. Article 3.1 of the Original Agreement is amended to read as follows:
3.1 The date of commencement is the date from which the Contract Time of
Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above,
unless a different date is stated below or provision is made for the date to be fixed in a notice
to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner,
the Contractor shall notify the Owner, through the Project Manager or his designee, in
writing not less than five days before commencing the Work.
tractor shall achieve Substantial Completion of the entire Work not later than one
= 1 Y red eighty (180) calendar days after the date of a Notice to Proceed. The time or times
FEB - 4 2013
stipulated in the contract for completion of the work of the contract or of specified phases of
the contract shall be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified
by all approved extensions in time as set forth by the Project Manager's or his designee's
signature of approval on the Certificate of Substantial Completion. The liquidated damages
table below shall be utilized to determine the amount of liquidated damages.
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
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4.
�1
Article 5.1 of the Original Agreement is amended to read as follows:
5.1 Based upon Applications for Payment submitted by the Contractor to the
Project Manager or his designee, and upon approval for payment issued by the Project
Manager or his designee, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
Article 5.4 of the Original Agreement is amended to read as follows:
5.4 Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The
Schedule of Values shall allocate the entire Contract Sum among the various portions
of the Work and be prepared in such form and supported by such data to substantiate
its accuracy as the Project Manager or his designee may require. This schedule,
unless objected to by the Project Manager or his designee, shall be used as a basis for
reviewing the Contractor's Applications for Payment.
Article 5.6.1 of the Original Agreement is amended to read as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the Work in
the Schedule of Values, less retainage. Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute may be included in
2
FIRST
SECOND
31 ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00/Day
$100.00/Day
$250.00/Day
$50,000.00- 99,999.00
100.00/Day
200.00/Day
750.00/Day
$100,000.00- 499,999.00
200.00/Day
500.00/Day
2,000.00 /Day
$500,000.00 and Up
500.00/Day
1,000.00/Day
3,500.00 /Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
3
4.
�1
Article 5.1 of the Original Agreement is amended to read as follows:
5.1 Based upon Applications for Payment submitted by the Contractor to the
Project Manager or his designee, and upon approval for payment issued by the Project
Manager or his designee, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
Article 5.4 of the Original Agreement is amended to read as follows:
5.4 Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The
Schedule of Values shall allocate the entire Contract Sum among the various portions
of the Work and be prepared in such form and supported by such data to substantiate
its accuracy as the Project Manager or his designee may require. This schedule,
unless objected to by the Project Manager or his designee, shall be used as a basis for
reviewing the Contractor's Applications for Payment.
Article 5.6.1 of the Original Agreement is amended to read as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the Work in
the Schedule of Values, less retainage. Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute may be included in
2
applications for Payment. The amount of credit to be allowed by the Contractor to
the Owner for a deletion or change which results in a net decrease in the Contract
Sum shall be net cost to the Owner as indicated in the approved Schedule of Values
for that line item as confirmed by the Project Manager or his designee. When both
additions and credits covering related Work or substitutions are involved in a change
the allowance for overhead and profit shall be figured on the basis of net increase, if
any, with respect to that change.
6. Article 5.6.4 of the Original Agreement is amended to read as follows:
5.6.4 Subtract amounts, if any, for which the Project Manager or his designee
has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the
General Conditions.
7. Article 5.8 of the Original Agreement is amended to read as follows:
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public
Construction Retainage ". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Project
Manager or his designee.
8. Article 6 of the Original Agreement is amended to read as follows:
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Contractor when (1) the Contract has been fully performed
by the Contractor except for the Contractor's responsibility to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final
approval for payment has been issued by the Project Manager or his designee. Such
final payment shall be made by the Owner not more than 20 days after the issuance of
the final approval for payment.
9. Undesignated paragraph at the top of the signature page (pg. 00 50 00 -17) is amended
to read as follows;
This Agreement is entered into as of the day and year first written above and is
executed in at least four original copies of which one is to be delivered to the
Contractor, one each to the Project Manager and Architect for use in the
administration of the Contract, and the remainder to the Owner.
3
10. The amendments contained in Paragraphs 1-9 herein shall apply retroactively to May
16, 2012.
11. All other provisions of the May 16, 2012 Original Agreement not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Amendment to the Original
lent to be executed by its duly authorized representative.
L)
EST: AMY HEAVILIN, CLERK
Deputy C erk
Attest:
By:
Print Name:
Title:
Date:
And:
By:
Print Name:
Title:
Date:
STATE OF FLORIDA
COUNTY OF / n 6 r;
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor /Chairman
CONTRACT
By:
Print name: G / 1; 7' 1V l $6P
Title: 4 s /°/PES / D,t A-
Date: D Frd d-o / 3
On this 1 day of 20L5 , before me, the undersigned notary public,
Personally appeared 'y , kn o&vnot; to be the Person whose
name is subscribed above or who produced &'0q As identification, and
acknowledged that he /she is the person who executed the above contract with Monroe County„
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