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12/10/2014 Agreement%, AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT � COMPTROLLER MONROE COUNTY, FLORIDA IAA TE_ Jatura > fi, 2tJ / S TOc Kc=vi rz Wilson P>-oject Managces>z e'ttt A TTNt Ann Rigct- FROM. Lirzds f3u //u rd. U. C At the Uecembe:r 1(), 2()14, Board et 1� C'c>unty Commissioner's mcctin� the Board granted approval and execution of the following Item C20 a First Amendment to APrewl�ent with Pedro Falcon Electrical Contractors, Inc. t2>r the construction of the Maratfion Airport Customs and Border Protection Facility. "phis project is funded by the FUUT and Airport hinds. Enclosed is a dup/icaYC original of t /zc abo��c: -nzc ntiortvd_ /or your huudling. Should you hu�'c unv questions, plc°asc_f�cr/ - fire to contact our office. cc_ C'owity Atton�ey Finance Tile 500 Whifeh eod Sfreef SrJife 303, PO Box 2980, Key Wesf, FL 33040 Phone: 305- 295 -3230 Fox: 305- 295 -3663 3117 Overseos High woy, Moro thon, FL 33060 Phone: 306- 289 -6027 Fox: 305 -289 -6025 88820 Overseos High woy, P /ontotion Key, FL 33070 Phone. 852 -7145 Fox. 305- 852 -7146 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR MARATHON AIRPORT CUSTOMS FACILITY, GUARDIAN AD L.ITEM MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT to the AC3KEEMENT BETWEEN OWNER AND CON "TRACTOR (hereinafter "AC�R EEM ENT ") is made and entered this 10" day of December, 2014, between MON ROE COUNTY (the "Owner" or "County "), and PEDRO FALL -ON ELECTRICAL CONTRAC'T'ORS, INC. (the "Contractor ") in order to amend the Agreement between the parties dated "ily 16, 2014 as tbllows= WHEREAS, the parties entered into an Agreement on July 16, 2014 for the construction of a customs and border control Facility at the Marathon Airport; and WHEREAS, Addendum #4 to the Request for Proposals dated May 9, 2014, which is part of the contract documents, states that all perna iis and fees will be co ntractcd as a reimbursable ex pcnse to the contractor; and WHEREAS, in order to eliminate and pro tit charges on the initial permit, County desires to, and shall pay, the cost o[' $40,794.34 for the initial penAzit directly to the Buildinb Depurhrient; and WZIEREAS, pursuant to the terms of the contract, contractor shall remain responsible for obtaining and paying for any remaining permits necessary for the work, which tees shall be paid to the contractor as a reimbursable expense; NOW TIIEREFO RE in consideration of the mutuul promises contained herein, the parties hereby agree to amend the: AC3REEM ENT as follows: 1. County shall pay the cost of permit fees t2�r the construction of the Customs and Border Control Tenriinal at the Marathon Airport in the amount of $40,79434. 2. All terms and conditions of the: Agreement dated July 16, 2014 not inconsistent herewith shall remain in full force and effect_ THE REMAINDER OF TH[S PAGE HAS BEEN INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties hereto have set their hands and Seals on the day first written above. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE WITNESSED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK OF MQ,ROE COUNT A By: y: !::�4 WITNESS: CONTRACTOR Pedro Falcon Electrical Contractors Inc. By: Witness Print Name of Witness Print Name A s Title PFD t ED A y3�f Ci ,P1 7 PEL`; ;�? ASST Date--- CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Sixteenth day of July Two Thousand and Fourteen BETWEEN the Owner: And the Contractor: For the following Project Scope of the Work Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Pedro Falcon Electrical Contractors Inc. 31160 Ave C Big Pine Key FL 33043 Marathon Airport Customs Facility, Guardian Ad Litem Contractors Scope of Services consists of those described in Attachment A. The Contractor shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. Project Management The Architect is: Director of Project Management Monroe County Project Management 1100 Simonton Street Second Floor -Room 2 -216 Key West, Florida, 33040 K2M Design 1001 Whitehead Street Key West, Florida 33040 The Owner and Contractor agree as set forth below. Agreement Page 1 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than TWO HUNDRED AND FORTY (240) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times 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 Director of Project Management'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. ARTICLE 4 Agreement Page 2 of 14 FIRST SECOND 31ST 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. ARTICLE 4 Agreement Page 2 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of: One Million Ninety One Thousand Four Hundred and three dollars and Zero Cents Dollars ($1,091,403.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate # 1: Walk thru Metal Detector Sixteen Thousand Thirty Three Dollars and Zero Cents Dollars ($16,033.00) 4.3 Unit prices, if any, are as follows: There are no unit prices Progress Payments ARTICLE 5 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 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 Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. Agreement Page 3 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed 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 of Ten Percent 10 %. Pending final determination of cost to the owner of changes in the Work, amounts not in dispute may be included in 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 the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. 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. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b), Florida Statutes. 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 Director of Project Management. Final Payment ARTICLE 6 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 Director of Project Management. Such final payment shall be made by the Owner not more Agreement Page 4 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida than 20 days after the issuance of the final approval for payment. The following documents ( samples in section 1027 are required for Final Payment: 1. Application and Certificate for Payment 2. Continuation Sheet 3. Certificate of Substantial Completion 4. Contractor's Affidavit of Debts and Claims 5. Contractor's Affidavit of Release of Liens 6. Keys and keying schedule 7. Spare parts and maintenance materials 8. Warranties bond and guarantees 9. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies 10. Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) indexed and tabulated electronic copy on CD of all the following but not limited to: 1. Project Record Documents (As Built Documents). 2. Operating and maintenance data, instructions to the Owner's personnel. 3. Warranties bond and guarantees. 4. Keying schedule. 5. Maintenance materials Miscellaneous Provisions ARTICLE 7 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting Agreement Page 5 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. Agreement Page 6 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration.' i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating" to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or aicohoiism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Agreement Page 7 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Agreement Page 8 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personai liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) Agreement Page 9 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligende or willful misconduct of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Countv funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Agreement Page 10 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. Termination or Suspension ARTICLE 8 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Insert information here). a) Drawings: A0.1.1- A01.2, A0.3.1- A0.3.2, AD2.1.1, AD2.2.1, AD3.1.1, A1.1.1, A2.1.1, A2.1.1 A, A2.2.1, A3.1.1, A3.3.1, A3.3.2, A4.1.1, A4.1.2, A4.2.1, A4.2.2, A4.3.1, A4.3.2, A4.3.3, A5.1.1, A5.1.2, A6.1.1, A6.1.1 A, A6.1.2, A6.2.1, A6.2.2, A6.4.1, A6.4.2, A9.1.1, A9.1.1 A, A9.1.2, 12.3.1, 12.3.2, M0.0.1, M0.0.2, M1.1.1, M2.1.1, M2.1.2, M3.0.1, M3.0.2, P0.0.1, P1.1.1, P2.1.1, P3.1.1, P4.1.1, E0.0.1, E0.0.2, E1.1.1, E1.1.2, E2.1.1, E2.1.2, E2.1.3, E2.1.4, E3.0.1, E3.0.2, F0.0.1, F1.1.1, F2.1.1, T0.0.1, T1.1.1, T2.1.1, T2.1.2, T3.0.1, T3.0.2, T4.0.1, T4.0.2, T4.0.3, T4.0.4, T4.0.5, T4.0.6 b) Project Manual: March 28, 2014 c) Permit Submission Specifications dated February 21, 2014 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: 9.1.6 The Addenda, if any, are as follows. Number Date Pages 1 April 11, 2014 11 2 April 17, 2014 5 3 May 2, 2014 14 4 May 9, 2014 4 E101 & E301 JPEG Images 9.1.7 The Alternates, if any, are as follows: Alternate No. 1: Walk thru Metal Detector Agreement Page 11 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida Sixteen Thousand Thirty Three Dollars and Zero Cents Dollars ($16,033.00) Included in the contract sum. END ALTERNATES 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. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: Amy Heavilin, Clerk By: vim' iQ Deputy CIA Date (SEAL) Attest: By. Print Name: icholas Brisson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 'Mayor/ hairman CONTRACTOR PEDRO FALCON ELECTRICAL CONTRACTORS, INC. By. Print name: Christian Brisson Title: as Witness Date: 07 /01/14 AnF By Print Name: Patricia J WI' tt Title: as Witness Date: 07 / °,-J 1 / 14 Title: as P resident Date: 07/01/14 STATE OF FLORIDA COUNTY OF Monroe k_ NTY On this 1 day of July 20 1 ,+efore me, the undersigned notary public, personally appeared Christian Brisson known to me to be the person whose name is subscribed above or who produced /V10 as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for the Marathon Airport Customs Terminal,for the purposes therein contained. -/��. -fd6tary blic Laur4 A. Sturaeon Print Name ��►�' ^ W U Notary Pudic State of Florida My commission expires: _ Laura A Sturgeon Seal o' 'Y'e'omTrrrssae EE109001 '"or �oP Expires 1 0 10 912 01 5 Agreement Page 12 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida Attachment A Contractor Scope of Services Project Overview Renovation of existing Airport facility for a Federal Customs Facility, Renovate existing facility to accommodate Guardian Ad Litem 2 General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of ail the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 3 General Requirements A) Contractor is required to provide protection for all existing surfaces. To include but not limited to: 1. Existing doors /passages 2. Interior /Exterior Walls 3. Personal Items 4. Windows 5. Flooring 6. Vehicles 7. Landscaping B) The contractor shall ensure that all non - exempt employees for this effort are compensated in accordance with all State and local Laws. C) Provide a dumpster, containment bin or similar device for the collection and containment of construction generated debris. D) Load, haul and properly dispose of construction debris. E) Provide and maintain appropriate (OSHA required) construction warning signs. F) Furnish all required work site safety equipment. G) Furnish and maintain on -site MSDS sheets for all materials used in the construction. H) Construction work times shall be limited to: 7:30 AM to 6:00 PM Mon -Fri Work hours may be changed by request in writing to Monroe County 1) All materials shall be approved by submittal prior to commencement of work J) Obtain all Permits necessary to complete the scope of work K) Contractor shall provide a "Stipulated sum price" L) Contractor needs to be aware of weather and location and plan accordingly. M) Contractor needs to be aware of the facility, its vendors and staff with unusual schedules and plan accordingly. Coordination of each days works shall be done in advance with approval from County. All spaces interior and exterior shall be cleaned and returned to normal as much as is practical and reasonable each day. N) The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of Agreement Page 13 of 14 CONTRACT FOR CONSTRUCTION Marathon Airport Customs Facility, Marathon Florida construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The contractor will be responsible to obtain all additional necessary permits and approvals for the demolition and /or construction of Marathon Airport Customs Facility including the Federal Aviation Administration, Florida Department of Transportation, Monroe County Growth Management, Monroe County Building Dept., Monroe County Airport, Fire Marshall, City of Marathon, any other permitting or regulatory agencies as applicable SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Project Management prior to notice to proceed. Contractor's license shall accompany proposal. 2. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. 3. Contractor is to review General Conditions for additional responsibilities required in order to perform this Work. 4. If in the event of conflicting, or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Project Management in any event, in order to not compromise the Owner's right to make appropriate decisions. 5. Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. 6. This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. Agreement Page 14 of 14 Marathon Airport Customs Facility, Marathon Florida ADDENDUM NO.4 May 9"' 2014 The information contained in this Addendum modifies supplements or replaces information contained in the RFP and is hereby made a part of the Contract Documents. Bid opening date is changed from May 13th 2014 to May 27` 2014 2. RFI response regarding safe for reference: QUESTION: Sec. 110000 Equipment schedule specifies two GSA class V safes to be provided and installed by the contractor. I don't see them on the furniture plans. Do we know what type, size, rolling or bolt down are they gun, evidence, drug or filing cabinets ect? Prices and sizes and installations range quite a bit. RESPONSE: These safes are located in Secure Storage Room 108 and noted in detail 1/A4.1.2 to be secured to the floor. The CBP requirements note that each safe shall have two drawers with X09 locks. A suitable basis of design for this safe is NSN# 7110 -01- 015- 2850ML - Class 5, 2 Drawer, Legal Size, Multi Lock, Black by FedSafes.com, with dimensions of 24.688" h x 20.875" w x 28.5" d. 3. RFI response regarding payment and performance bond: QUESTION: Please provide us with a Performance and Payment Bond form for the referenced project RESPONSE: See attached form 4. RFI response regarding fire alarm panel: QUESTION: Is this an existing Fire alarm panel or a new one? If existing, what type of panel is it (manufacturer)? RESPONSE: Existing Fire alarm panel is Fire Alarm Control 4002 by Simplex 5. RFI response fees: QUESTION: The Monroe County building department does not have any fees for building and the review process is not complete. Therefore we still don't have a price for fees. Also the change to plans will require for the review and that may not be complete by bid submission time. Please advise what should be done with this line item. RESPONSE: All permits and fees will be contracted as a reimbursable expense 6. RFI response smoke Detectors: QUESTION: Will duct smoke detectors be required? RESPONSE: Contractor shall consider duct smoke detectors in all areas of work within the Customs Terminal, tied to the fire alarm system 7. RFI response trap primers QUESTION: Please clarify where trap primers shall be used. RESPONSE: Trap primers are specified on sheet P0.0.1 (TP -1) automatic trap primer valve and shall be used on all floor drains. PUBLIC CONSTRUCTION BOND Bond No. ( ) BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 25 Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON (Name of Principal) By (As Attorney in Fact) (Name of Surety) All other items remain as called for in the End of Addendum No. 4 documents Doug Sposito Project Manager GATE t WD u RANCE HOLDER• THIS OF LIABILITY ►NS GHTS UPON THE CERn Ep B T Au a ONLY AN S � TEEN •ME. A SUING F 4s RER(S) CERTIFICATE Ai ON D ND OR �' p, sub ►C�R� MATTEOR NEGArnELY AMENN A ONTRACT B S SUBR OGATION ! l tights the IS ISSUED AS A DOES NOT CONSTI not AFFIRNIA HOLDER' m� bs sudotssd• Is uNficate doss TI1 18 CERTIFIC OF INS DRE CERTIFICA �a P�IcYltesl�ognt on this DOES NOT A CERTIFICATE CER AN ONAL INSURED BELOW TMpTIVE DR PR pD1 s ndo T1 �qulre an rasrtts FAX REPRESE Hyltesb holder 1s�aIR po11c1ea ►tray C ONTACT Jamie Greene TAN KaM the Pollcy� rtlen s 1616 NAICI IMPOR T PHONE 407TI of such endorse catesCo3bmbtnc.com �� 1 g488 tit• Mans �ader In 11eu MAIL Cerl �.g: ___ ...�oRGn+G DOVE _. „aaQFi idette &Britt of FL 1020 N. Orlando Avenue ( Suite 1 327 Ma�land PEDRCFALCC pl Contractors Inc INSURED INSURERE. REVISION NUMBER: Pedro Fglcon ElecVi FOR THE POLICY PERIHIS 3 INluRER F EO ABOVE WHI TERMS, 31160 Avenue LC 65663 TO THE INSUR pDCUMENT W{TH EEC pTOTµ� THE Big Pine Key FI 33t>4 BE R : 165 66 OR OTHER NCE LISTED BELOW HA �F A CONTRAC DESCRIBED HEREIN IS SUBJ CERTIFICATE NUM OF INSURA OR CONDITIO THE P IMS. uMns POLlC ENT. TERM A FY Y HA EEg EN REDUCED BY P Po s1 pD0 ppp COVERAG THAT THE REOUIREM THE INSURAN cY EFF THIS IS TO CERTI OR MAY PERTAIN g SHOWN MA 5 Dpj2D15 EACH OCCURRENCE 5100.000 INDICATED. 110"' STANDING ANY Y gE ISSUED POLICIES. LIMIT 14 E � CERTIFICATE MA PoucY N '14 � E $ 5,000 EXCLUSIONS AND CONDITIONS OF SUCH IN GL209294� pna a1s 0rl "/ OF INSURANCE Y Y M SON AL A a ADV INJURY $1,000,000 19; L LIABILITY I CRCIAL GENERA 1 sZ, OM ME p00. A X - OCCUR GEN ProPAGG CLAIMS-MADE � ERAL AGGREGATE - �...,vI r.TSCOM $2.000.000 E L AGGRE�IM APPa PER: a JEC LOC POLICY Y Y CA2092 OTHER: AUTOMOBILE LIASILm X AMY A UTO A NO'WNED Al1TS5 HIRED AUTOS NAUTOS cu2a9z9a X UMBRELLA LIAS OCCUR EXCESS LIAS CLAIMS -MADE nc,.o � - _.. - Y 1 M EMPLOYER!' Lu1SR ___ -. ,o. pTNEwExECUn`rt f N BODILY INJURY (Par Paraon) BODILY INJURY (Pa` E.L. DISEA • EA UMIr DESCRIPTION OF OPERATfONB I LOCATIONS i vEHICLES (ACORD 101, Additional Ramaft Sd"ula, M8V be aWcllad If *6 The following policy provisions and/or endorsements form part Of the polices of insurancet� terms contained in the policies and/or endorsements supersede the representations Blade lea and/or endorsements listed below are available by emalling: Certificates @bmNnc.COm � � byr� � When required by written contract, those Parties list - "Vni^ 'WI/ S l ee th Attttached General Liability, Auto Liability, 8S 3f(Ofdlgd by the WI � an e � it 1� 1 x Ile of" CERTIFICATE HOLDER aS8111eft �� Monroe Coun CA NCELLgT10N kby as en pro d /s The Monroe County p aoaro of Cou t t?j}y gd 1p�� 1100 Simonton Street Managg m miss /On � NOULD Key West FL 33040, Room 2 -16 ACCpq 0 � A ACORD 25 ( Au rH ThBAC r4 ce oa'e ybol *41 ZOfq AGENCY CUSTOMER ID: PEDROFALCO LOC *: ACO ADDITIONAL REMARKS SCHEDULE Page of 1_ AGENCY NAMED INBURED Pedro Falcon Electrical Contractors Inc Bowen, Miclette &Britt of FL 31160 Avenue C Big Pine Key FL 330434516 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE subrogation, with respect to General Liability, Auto Liability, Workers' Compensation, is granted in favor of Certificate Holder as afforded by the policy and /or endorsements. The General Liability policy certified herein is primary and non - contributory to other insurance available to the certificate holder, but only to the extent required by written contract with the Named Insured. Project: Marathon Airport Customs Facility, Guardian Ad Litem ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks or AGUKU CbRbp EVIDENCE OF PROPER INSURANCE C ";;�1, ° W " THIS EVIDENCE OF PROPERTY INSURANCE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, lXTR11D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INBURER(ft AUTHORIZED REPRESENTATWE OR PRODUCER AN THE ADDITIONAL INTEREST. :e1CY I Gu ee1. +1407 847 1615 BOWEN, MICLETIE l BRITT OF FLORIDA, LLC 1020 N ORLANDO AVE STE 200 WY'TAND, FL 32751.4514 *1407 VA P"dro Falcon Eedrical Cw&ackn Inc 31150 Avenue C 94 Pine Key, FL 33043 aw oven"" Highway Mereftn, FL 33050 American 2inkh Insurance Company LOAN NUMBER roLICt BR07180163 1911= E GATE MORTON GATE I 11/128014 111128015 TE C F M TERMINATED FHEQfED 7m THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANOING ANY RBOUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Buidwm Risk Coverage Fort Renovaitons Std impmvemsita All Covered Propw* at d Locadom $1,061 =1,061,403 $25,000 �• j • . �., ilMlII��D�r s • II�1 a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE HALL BE I DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION& PUAR I VIA In 1 CRGOt NAMS AND AnDFUM Manna County Board or Canty CommiaeioImm. 1100 Slronton et MORTGAGEE LOSS PAYEE NN. NSI.RIED LOAN Key Waal, FL 33040 AU1H FAM1ra4010MAIM ws�wA \I SIG d�W .rrw.aa The ACORD mme and logo are reglatered marks of ACORD