Item U4County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
March 21, 2018
Agenda Item Number: U.4
Agenda Item Summary #4011
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429
NA
AGENDA ITEM WORDING: Approval of a contract and authorization for the Mayor to execute
a contract with Burke Construction Group, Inc. for the construction of the new Cudjoe fire station
411. Burke Construction Group is the lowest responsible and responsive bidder in the amount of
$3,845,587.00. This construction is funded by the one cent infrastructure sales surtax.
ITEM BACKGROUND: On February 15, 2018, the County opened sealed responses to the
Request for Proposals for the construction of the new Cudjoe fire station 411. The lowest bidder had
an incomplete proposal and should be rejected as non - responsive. The next proposal to be
considered the lowest, responsible and responsive bidder was submitted by Burke Construction
Group, Inc. in the base proposal amount of $3,824,969.00. With the inclusion of three of the four
alternates, their total contract price is $3,845,587.00.
PREVIOUS RELEVANT BOCC ACTION:
June 15, 2016 Board of County Commissioners awarded a contract for design of the new Cudjoe
Fire Station to CPH, Inc.
May 18, 2016 Board of County Commissioners gave approval for staff to negotiate a contract
with CPH, Inc., highest ranked respondent, for programming and design through
construction administration of the new Cudjoe Key Fire Station.
October 6, 2015 Board of County Commissioners approved the purchase of three (3) parcels of
land in Cutthroat Harbor for the proposed Cudjoe Fire Station.
Sept. 11, 2015 Board of County Commissioners approved funding for the Cudjoe Key Fire
Station project.
CONTRACT /AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
Contract - Burke Costt. Group Inc. (legal stamped) FINAL
Proposal - Burke Construction Group, Inc.
BID TABULATION SHEET
FINANCIAL IMPACT:
Effective Date: 3.21.18
Expiration Date: None
Total Dollar Value of Contract: $3,845,587.00
Total Cost to County: $3,845,587.00
Current Year Portion: $2,000,000.00
Budgeted: Yes
Source of Funds: 314 26008 560620 CP1501
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing:
Grant: No
County Match: No
Insurance Required:
Additional Details:
No X If yes, amount:
Yes
Total contract amount $3,845,587.00
04/19/18 314 -26008 - CAPITAL OUTLAY BUILDING
CP1501
REVIEWED BY:
$3,845,587.00
Cary Knight
Completed
03/12/2018 5:23 PM
Ann Mytnik
Completed
03/13/2018 8:39 AM
Patricia Eables
Completed
03/13/2018 10:10 AM
Kevin Wilson
Completed
03/13/2018 11:59 AM
Budget and Finance
Completed
03/13/2018 12:40 PM
Maria Slavik
Completed
03/13/2018 12:42 PM
Kathy Peters
Completed
03/13/2018 12:45 PM
Board of County Commissioners
Pending
03/21/2018 9:00 AM
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Twenty First Day of March Two Thousand and Eighteen
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor:
For the following Project:
Scope of the Work
Burke Construction Group, Inc.
10145 NW 19 "' Street
Doral, Florida 33172
Cudjoe Key Fire Station No. 11
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Specifications. 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,
permits and any other means of construction necessary or proper for performing and completing
the Scope of Work, unless otherwise specifically stated.
Provide all labor and materials necessary to construct the new Monroe County Fire Station, a
one story 8,007 square foot masonry and concrete building, along with site modifications,
improvements, and utilities; all as indicated in the contract documents. Work to include clearing,
haul away of debris, and construction of all site work. The completed project will result in a
complete, habitable, weather proof, safe and secure finished building suitable for human
occupancy in accordance with the specifications, drawings, and project documents.
The successful bidder will be required to complete the permit application on file with their
appropriate company and contact information. Successful bidder will pay associated permit and
inspection fees, as required by the city, county, local water service, and power service,
necessary for connection to utilities.
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The scope of work shall include, but not be limited to, all work shown and listed in the project
drawings and project manual. 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 construction necessary or proper for performing and completing the scope
of work, unless otherwise specifically stated. The project will be considered complete when
turned over to the County as a fully functioning and operating fire station and facility.
The Contractor shall be responsible for complying with regulations, approvals, and permitting by
the: Monroe County Growth Management, Monroe County Building Dept., Fire Marshal, Florida
Green Building Coalition ( "FGBC ") and any other permitting or regulatory agencies as
applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly
adhered to at all times.
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: NIA
ARTICLE 3
Date of Commencement and Substantial Completion
S.'f 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
Three Hundred Thirty (330) 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
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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.
ARTICLE 4
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 Three Million Eight Hundred Twenty -Four
Thousand Nine Hundred Sixty -Nine and 00 /100 Dollars ($3,824,959.00), 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:
1. Alternate # 1: Provide and install Bahama Shutters as shown in drawings and
Specifications.
Four Thousand One Hundred Thirty- Three and 001100 Dollars
(Alternate #1- words)
$4,133.00
(Alternate #1— numbers)
3. Alternate #3: Provide and install Double Dipped Galvanized finish column(s) as
shown on drawings.
Six Thousand and 00 /100 Dollars
(Alternate #3- words)
$ 000.00
(Alternate #3-- numbers)
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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.
ARTICLE 4
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 Three Million Eight Hundred Twenty -Four
Thousand Nine Hundred Sixty -Nine and 00 /100 Dollars ($3,824,959.00), 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:
1. Alternate # 1: Provide and install Bahama Shutters as shown in drawings and
Specifications.
Four Thousand One Hundred Thirty- Three and 001100 Dollars
(Alternate #1- words)
$4,133.00
(Alternate #1— numbers)
3. Alternate #3: Provide and install Double Dipped Galvanized finish column(s) as
shown on drawings.
Six Thousand and 00 /100 Dollars
(Alternate #3- words)
$ 000.00
(Alternate #3-- numbers)
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4. Alternate #4: Provide and install 2500 Gallon Diesel Tank for generator. The Tank
footprint shall match the plans as shown. Provide all railing and ladder accessories as
necessary.
Ten Thousand Four Hundred 5 ohty -Five and 00 /100 Dollars
(Alternate #44 words)
$ 10 485.00
(Alternate #4— numbers)
4.3 Unit prices, if any, are as follows:
None
4.4 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum, including all THREEM accepted alternates, a grand total of
Three Million Eight Hundred Forty -Five Thousand Five Hundred Eighty -Seven and 00/100
Dollars ($3,845,587.00).
ARTICLE 5
Progress Payments
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 (1) 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.
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
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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 ten percent (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, Section 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.
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
Director of Project Management. Such final payment shall be made by the Owner not more
than twenty (20) days after the issuance of the final approval for payment. The following
documents (samples in section 01027, Application for Payment) 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) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
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one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
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 Section 01500, Temporary Facilities,
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
thirty -six (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 principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
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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, Florida Statutes, 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.
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 advice of counsel.
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
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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. The parties 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. The parties 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 VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
§§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 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 alcoholism; 7) The Public Health Service Act of 1912,
§§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article VII, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) 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
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degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
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 Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" 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 contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
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(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess
the requested records, the County shall immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or
allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -
BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
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.
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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
personal 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,
AGREEMENT Page lit of 1-5
Packet Pg. 1721
CUDJOE KEY FIRE STATION
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) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission 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). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. 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 County 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
AGREEMENT Page 1
Packet Pg. 1722
CUDJOE KEY FIRE STATION
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.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor: David Martinez, VP
10145 NW 19 St
Doral, Florida 33172
(305)46$ -6604
For Owner: Director of Project Mang , eq meet Assistant County Administrator PW & E
1100 Simonton St., Room 2 -216 1100 Simonton St
Key West, Florida 33040 Key West, Florida 33040
ARTICLE 8
Termination or Suspension
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:
a) Drawings: CS, G1 -G4, AO.1, A1.0, A1.2 -A1.4, A2.0, A2.1, A3.0, A4.0 -A4.5, A5.0,
A5.1, A6.0, A6.1, A7.0, A7.1, C1 -C13, L -1, L -2, TR -1, IR -1, IR -2, EO.1, EO.2, E1.1, E1.2, E2.1-
E6.1, EPH -1, EPH -2, EPH -3, ES1 -1, FAO -1, FAO -2, FA FPO -1, FP2 -1, MO -1, MO -2, M1 -1,
M1 -2, M1 -3, M5 -1, M6 -1, PO -1, PO -2, P1 -1, P1 -2, P1 -3, P3 -1, S1 -0, 51 -1, S1 -2A, S1 -2Bm 51 -3,
S1 -4, S1 -5, S1 -6, S2 -1thru S2 -5, S3 -0 thru S3 -5, Survey
b) Project Manual: Dated December 2017
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.
AGREEMENT Page la nf 115
Packet Pg. 1723
CUDJOE KEY FIRE STATION
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: December 2017
9.1.4 The Addenda, if any, are as follows:
Number Date Page
1 January 5, 2018 1
2 January 23, 2018 51
3 February 6, 2018 39
This Agreement is entered into as of the day and year first written above and is executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
AGREEMENT Page 1 of Is
Packet Pg. 1724
Cudjoe Key Fire Station
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.
(SEAL)
Attest: Kevin Madok, Clerk
By:
Deputy Clerk
Date
(SEAL)
CONTRACTOR'S Witnesses Attest:
Contractor must provide two witnesses
signatures
and
Signature:
Print Name:
Title:
Date:
STATE OF FLORIDA, COUNTY OF
MONROE COUNTY ATTORNEY'S OFFICE
' ROyED AiS TO F R
-_
PATRICIA EABLES
ASSISTANT OUNTY ATT
DATE:
On this day of , 20_, before me, the undersigned notary public,
personally appeared , known to me to be the person whose name is
subscribed above or who produced as identification, and acknowledged
that he /she is the person who executed the above contract with Monroe County for Cudjoe Key
Fire Station for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
CONTRACTOR: Burke Construction Group, Inc.
Signature:
Print Name:
Title:
Date:
AGREEMENT Page 1
Packet Pg. 1725
Cudjoe Key Fire Station
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750
Section 00970
Section 00980
Section 01015
Section 01027
Section 01030
Section 01040
Section 01045
Section 01050
Section 01200
Section 01301
Section 01310
Section 01370
Section 01385
Section 01395
Section 01410
Section 01421
Section 01500
Section 01520
Section 01550
Section 01560
Section 01590
Section 01595
Section 01600
Section 01630
Section 01640
Section 01700
Section 01710
Section 01720
Section 01730
Section 01740
General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
Contractor's Use of the Premises
Application for Payment
Alternates
Project Coordination
Cutting and Patching
Field Engineering
Project Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Reports
Request for Information — (RFI)
Testing Laboratory Services
Reference Standards and Definitions
Temporary Facilities
Construction Aids
Access Roads and Parking Areas
Temporary Controls
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post - Proposal Substitutions
Product Handling
Contract Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
Warranties
AGREEMENT Page 16 of 16
Cudjoe Key New Fire Station
SECTION 00120
PROPOSALFORM
ORIGINAL
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2 -213
KEY WEST, FLORIDA 33040
PROPOSAL FROM: BURKE CONSTRUCTION GROUP INC
10145 NW 19th Street
Doral, FL 33172
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
CUDJOE KEY NEW FIRE STATION #11
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself /herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he /she has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he /she
understands the conditions under which the Work is to be performed. The successful proposer
shall assume the risk of any and all costs and delays arising from the existence of any
subsurface or other latent physical condition which could be reasonably anticipated by reference
to documentary information provided and made available, and from inspection and examination
of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Three Million Eight Hundred Twenty Four Thousand Nine Hundred Sixty Nine Dollars
(Total Base Proposal- words)
$ 3,824,969.00
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 23 of 214
Cudjoe Key New Fire Station"
I acknowledge Alternates as follows:
1. Alternate #1: Provide and install Bahama Shutters as shown in drawings and
Specifications. Four Thousand One Hundred Thirty Thr
Dollars
(Alternate #1- words)
$ 4,133.00
(Alternate #1— numbers)
2. Alternate #2: Provide and install Auto Folding Doors as shown in drawings and
Specifications in lieu of overhead doors.
One Hundred Twenty Thousand Nine Hundred Fifty Six Dollars
(Alternate #2- words)
$ 120,956.00
(Alternate #2— numbers)
3. Alternate #3: Provide and install Double Dipped Galvanized finish column(s) as
shown on drawings.
Six Thousand
(Alternate #3- words)
$ 6,000.00
(Alternate #3— numbers)
rs
3. Alternate #4: Provide and install 2500 Gallon Diesel Tank for generator. The Tank
footprint shall match the plans as shown. Provide all railing and ladder accessories as
necessary.
Ten Thousand Four Hundred Eighty Five Dollars
(Alternate #4- words)
$ 10,485.00
(Alternate #4— numbers)
Unit prices, if any, are as follows:
None
I acknowledge receipt of Addenda No.(s)
No. Dated 01/05/2018
No. Dated 02/23/2018
PROPOSAL FORM 00120- Page 24 of 214
Cudjoe Key New Fire Station 0IIJIGINAIL
ir'n M - ul - fielUK - t I rc�ft Irffr t _V i =Ignati-Fre
that he/she has provided the following requirements (located in Section 00120):
Name:
BURKE CONTSTRUCTION GROUP INC
DBA:
Business
EIN #
26-1205588
Business
Mailing
Address:
10145 NW 19th Street
Address: 10145 NW 19th Street
City,
City, State
State, Zip
Doral, FL 33172
Zip Doral, FL 33172
Local
Phone:
(305)468-6604
Phone: (305)468-6604
The physical business address must be registered as its principal place of business with the
Florida Department of State for at least one (1) year prior to the notice of request for bid or
proposal.
I
Signed:
PROPOSAL FORM 01 20- Page 25 of 214
Cudjoe Key New Fire Station ORIGINAL
BURKE CONSTRUCTION GROUP INC
Witness:
Printed: David Martinez
Title: Vice-President
PROPOSAL FORM 00120- Page 26 of 214
0 4 f I
WORIA i
1, David Martinez . . .. . ................ _'__ of the city Key �g •
9ccording to law on my oath, and under penalty of perjury, depose and say that:
1. I am Vice-President
of the firm of Burke Construction Grout). Inc
the proposer making the Proposal for the project described in the notice for Galling for
proposals for:
111.1 - ----- I ............................................... Cudioe Key New Fire . Station -
and that I executed the said proposal with full authority to do so;
['Ii 1 I • ". &' : -. A •
I 1•1:1;yj Ul
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
Girelw-lum
,, Burke Construction Grow. Inc
•
Date: 02/15/18
STATE OF: Florida
COU NTY O F:
M
byPayLi
Davi Martinez
01F.-Mroyerelm-71
My commission expire
•2
31MEA=
P
ANTHONY LA;
d
Notary Public — State of Florida
P Ic
G M Sjo # GG 162963
� # GG
O r
Feb 1 0 ' 2022
My uumin. Exp:fes Feb 10, 2022
As
010, s n.
fional N yMsn.
ondad through N " J'or' N otary 's
B onded JI)r ug
PROPOSAL FORM 001 20- Page 29 of 214
111 Mlell J 04
N • I ! � I , Z I I gig- R III - I 1�
Burke Construction Groin Inc._
............. . . . . . . ...........
(Name of Business)
V A
poser's Sign, ure
02/15/18
............
Date
PROPOSAL FORM 001 20- Page 30 of 214
Cudjoe Key New Fire Station
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No.
004 -2015, must complete this form.
Name of Bidder /Responder Burke Construction Groilp, Inc.
Tel.Number (305') 468 -6604
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one (1) year prior to the notice of request for bids or proposals? (Please
furnish copy.) City of Key West License. David Martinez who is 50% owner and the VP is a resident of Ke) Largo
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered to Monroe County?. Contractor has full office and staff in Monroe County but office is not listed as principal office.
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1) year prior to the notice of request for bid or proposal.)
List Address: x 1722 N. Roosevelet Blvd. Key W est, FL 33040
Telephone Number: ( 305)986 -0158
B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? Yes
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one (1) year prior to the notice or request for bid or proposal.
2. Subcontractor's physical business address within Monroe County from which the subcontractor
operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1) year prior to the notice of request for bids or proposals)
See Atta
kddress
er
STATE OF
Signatory for
Print Name: David Martinez
Date: 02/15/18
COUNTY OF Monroe
On this 15 day of Februar , 20 18 , before me, the undersigned notary public,
personally appeared David Mart , known to me to be the person whose name is
subscribed above or who produced as identification, and acknowledged that
he /she is the person who executed the above Local Preference Form for the purposes therein contained.
My commission expires:
Print Name Tone Burke
)tary Public — State of Florida
Commission # GG 162983
Bonded through Nalional Notary Assn.
PROPOSAL FORM 00120- Page 31 of 214
PUBLIC ENTITY CRIME STATEMENT
I have read the above and state that neither Burke Construction Groun, hic
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months. /1
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me on the 15 dav of February
20 18 , by David Martinez
(name of affiant). He/She is personally
__ .. ................ . (type of
ky " P., ANTHONY BURKE
f Fl
. .............
Florida
State 0
ry Notary Public
My Commis��ier� I upires: , - *.i
_x Commission # GG 162983
My Comm. Expires Feb 10, 2022
Dorded through National Notary Assn.
I NARY PUBLIC
PROPOSAL FORM 001 20- Page 32 of 214
Cudjoe Key New Fire Station
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph # wlarea code Fax: Cell: Address
0200 Sitework
Charley Toppino & Son, Inc.
Andrew Toppino
(305) 296 -5606
(305) 797 -1000
(305) 797 -5839
PO Box 787, Key West, FL 33040
09250 Gypsum
Wallboard Assembly
Titan Interiors Group, Inc.
Tania M. Drago
(954) 434 -9291
(305) 986 -4177
(954) 434 -9293
5511 SW 199 AVE. Pembroke Pines, fl 33332
09900 Painting
SB Painting
Steve Buckaloo
(305) 304 -6994
NA
N/A
2314 Patterson Ave., Key West, FL 33040
15300 Fire Suppression
Gary's Plumbing
Gary Centonze
(305) 797 -1062
N/A
(305) 292 -4978
6409 2nd Terr, Key West, FL
15400 Plumbing
lGreentech Group Solutions, LLC
jJuan Perez
(305) 289 -0949
N/A
(305) 831 -2598
JP.0. Box 504422, Marathon, FL 33050
15510 HVAC
IT&S Cool Air
jEduardo Manzanares
(786) 288 -2428
(786) 431 -4070
(786) 443 -7171
12216 W. 80th St, Hialeah, FL 33016
160000 Electrical
Florida Keys Electric
I Raymond Vazquez
(305) 296 -4028
N/A
(305) 797 -1794
15730 2nd Ave., Key West, FL 33040
9200 Lath & Plaster
jProfessional Plastering Designs, Inc.
jJerry Jimenez
(305) 791 -9047
N/A
(786) 258 -1812
15409 Overseas Highway, Marathon, FL 33050
PROPOSAL FORM 00120- Page 33 of 214
Cudjoe Key New Fire Station
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statutory Limits
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
$1,000,000 Combined Single Limit
Vehicle Liability (Owned, non - owned, and hired vehicles) $1,000,000 Combined Single Limit
If split limits are preferred:
Builder's Risk: Required
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
Limits equal to the full replacement
value of the completed project
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida.
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) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B) the negligence or recklessness,
intentional wrongful misconduct, errors,or other wrongful act or omission 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). The monetary limitation of liability under this
contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 214
Cudjoe Key Now Fire Station
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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmss and duty
to defend as set out in this proposal.
Burke Construction Group, Inc
PROPOSER
INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 214
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY
(�ev,eral Policy
A bns,
Liability policies are > " X Occurrence
CA FF LL
Insurance Agency
DEDUCTIBLES
15,000, 61 PP PEr
HOWL
Claims Made
;Z&41440e
Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 214
II,h� s
E
-LAN,
�L • s r
Construction of the Cudjoe Key West New Fire Station
Required Questions
A. List of Shareholders
a. Anthony Burke 50%
b. David Martinez 50%
B. Officers and directors
a. Anthony Burke President
b. David Martinez VP /Secretary
C. Relevant Experience:
a. 11 years as Burke Construction Group, Inc.
b. Owners have 30 years providing Construction Services
c. List of similar projects —See Attached
D. 0 erating under present name:
a. 11 years under present name
DI. Answers regarding claims and lawsuits:
a. Has the entity ever failed to complete work? No
b. Are there any judgments or claims against? Yes(see attached)
c. Has the entity been a party to lawsuits etc? Yes(see attached)
d. Has the entity initiated any claims against the county
In the last 5 years? No
e. Has the entity failed to perform in the last 5 yrs? No
f. Customer and credit references See Attached
g. Financial statements last 3 years Submitted separately
1 0145 •. 1- Key West FL 33044
P: 305.468.6604 - F: 305.468.6654 - www.burkeeonstructiongroup.com
t:penei p Contractors I C onstnic ion Management I D esign-Build I 're Construction I Site Development I Greel'i Construction I psstrarrtcrr Improvements
t GCA 3830
1,
BURKE
CoIIIIi%mucilon Group Inc.
Similar p
ro'ects past
J p
five Y ears
Descri tion
Dates of Work
Value
Contract with
Contact
Engineer
5co e
Key West City Hall at Glynn
2014 -2016
$15M
City of Key West
Kreed Howell
Bender & Associates
Historic renovation of Glynn Archer School and conversion
Archer (Renovation)
3132 Flagler Ave
305- 809 -3963
Architects
to new City Hall
Key West, FL 33040
410 Angela Street
Contact: Devon Steckly
Key West, FL 33040
Phone: 305.809.3747
305- 296 -1347
Stock Island Fire Station
2014
3.3 M
Monroe County
Bill Horn
William P. Horn Architect, PA
New state of the art Fire station. First Green Building in
Board of County
305.296.8302
915 Eaton Street
Monroe County
Commissioners 1100
Key West, FL 33040 305 -
Simonton St. Room 2 -216 Key
296 -8302
West, Fl. 33040
Monroe County Magnolia St.
2016
$1,175,500.00
Monroe County Engineering
Dan Bensley
Aquila Architects/Jose Aquila
Construction of new public works building.
Public
1100 Simonton St. Key West,
! 305- 292 - 4468
185 NE 4th Ave. Suite 101
FI 33040
Delray Beach, FL 33483
City of Fort Lauderdale
2017 -2018
$3,878,556.00
City of Fort Lauderdale 100
Khant Myat
(954) PGAL 791 Park of Commerce
Demo old Fire Station and construct new state of the art Fire
N. Andrews Ave. Fort
828 -5061
Boca Raton, FL 33487
Station and Emergency Center
Lauderdale, FL
(561)988 -4002
' M r r M r
1 Subcontractor paid late due to late payment to
General Contractor by Owner
2 Disputed Change Orders and Contract Value
4
5
:I v Kffej • Nil -7v •
LITIGATION / ARBITRATION
Arber &Associates, Inc. Burke Construction
Group, Inc.
Florida Blacktop, Inc
Burke Construction
Group, Inc.
Broward County (Settled by Insurance Company
Claim by tenant for damages caused by rain water Burke Construction
intrusion during. construction Group, Inc.
Lee Schillinger Broward County Settled by Insurance Company
Burke Construction Group, Inc.
References
Stonegate Bank
8630 NW 25t" Street
Doral, Florida 33122
PH: 786 -762 -4841
Contact: Vanessa Sanchez
Collinsworth, Alter, Fowler
8000 Governors Square Blvd.
Miami Lakes, Florida 33016
PH: 305 - 822 -7800
Contact: Dick French
Nielson & Company, Inc.
8000 Governors Square Blvd.
Miami Lakes, Florida 33016
PH: 305 -722 -2663
Contact: David Hoover
Elder & Lewis
9150 S Dadeland Blvd, Suite 902
Miami, Florida 33156
PH: 305 - 667 -4774
Contact: David Elder
Florida Keys Electric
(305) 797 -1794
Contact: Raymond Vazquez
Titan Interiors Group
(954) 434 -9291
Contact: Tania Drago
S.A.L.T. Solar Servicer
(305) 289 -1150
Contact: Chuck Meier
Hernandez
Zarco, LLC
(305) 970 -9520
Contact: Guillermo Swain
STG Contracting Group
(904) 287 -9898
Contact: Mike Gresser
Professional Cooling
(305) 218 -3405
Contact: Mike Castro
Merit Floors
(305) 360 -4762
Contact: Tony Paraga
Client References
Metro Life Church
Doral, FL
(305) 592 -5100
Contact: Pastor Armando Gomez
Dolphin Commerce Park
Doral, FL
(305)519 -7768
Contact: Brett Houston
Easton & Associates
Doral, FL
(305) 593 -2222
Contact: Paul Douglas
Doral Animal Clinic
Doral, FL
(305) 761 -7766
Contact: Dr. Cabeza
Monroe County
Key West, FL
(305) 292 -4439
Contact: Ann Mytnik
City of Key West
Key West, FL
(850) 890 -9354
Contact: Kreed Howell
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
6730 ROYAL PALM DRIVE
MIAMI FL 33157
artments initiatives.
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name
Location Addr
Lic NBR/Class
Issue Date:
License Fee
Add. Charges
Penalty
Total
Comments:
BURKE CONSTRUCTION GROUP, INC. Ct1Nbr:0022855
1107 KEY PLAZA
18-00028182 CONTRACTOR - CERT GENERAL CONTRACTOR
July 26, 2017 Expiration Date:September 30, 2018
$325.00
$0.00
$0.00
$325.00
This document must be prominently displayed.
BURKE CONSTRUCTION GROUP, INC
BURKE CONSTRUCTION GROUP, INC.
10145 NW 19TH ST
MIAMI FL 33172
ry
LIL
U I I I'' III 1 111, 111 111 I'll Jill,
U-N 17 11 M", M: al ls� T =$- MBEMr �- M-Tumm
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: FEBRUARY 15, 2018 AT 3:00 PM
TITLE: CUDJOE KEY FIRE STATION No.11
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
Critical Path Construction
5%
$3,542,974.00
Sea Tech of the Florida Keys
5%
$4,542,675.00
Burke Construction
5%
$3,824,969.00
D.L. Porter Constructors
5%
$3,963,800.00
Pedro Falcon
5%
$4,111,000.00
GLR Inc.
5%
$4,715,542.00
Bid Committee Present Cary Knight, Johnnie Yongue, Steven Sanders
Members of the Public Present Gale Shoup (GLR), John O'Neill (Burke), Eric Bover (Burke) Ryan La Chapelle (Sea Tech), Kathleen Smith
(Pedro Falcon), Craig Marston (MCFR), Robert Blanchard (D.L. Porter), Sergio Santana (Lunacon), Bruce Byrnes (DiPompeo), Brian Tindall
(West Construction), Michael Smith (Fl Keys Electric), Chris Vazquez (Fl Keys Electric)
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, OMB
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: FEBRUARY 15, 2018 AT 3:00 PM
TITLE: CUDJOE KEY FIRE STATION No.11
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
West Construction Inc.
5%
$4,184,531.00
LEGO Construction Company
5%
$4,383,949.00
LunaCon Construction Group
5%
$4,737,800.00
Di Pompeo Construction Corp.
5%
$3,877,700.00
Bid Committee Present Cary Knight, Johnnie Yongue, Steven Sanders
Members of the Public Present Gale Shoup (GLR), John O'Neill (Burke), Eric Bover (Burke) Ryan La Chapelle (Sea Tech), Kathleen Smith
(Pedro Falcon), Craig Marston (MCFR), Robert Blanchard (D.L. Porter), Sergio Santana (Lunacon), Bruce Byrnes (DiPompeo), Brian Tindall
(West Construction), Michael Smith (Fl Keys Electric), Chris Vazquez (Fl Keys Electric)
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, OMB