Item C28 C.28
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: C28
Agenda Item Summary #5305
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416
n/a
AGENDA ITEM WORDING: Approval to award a contract to highest ranked respondent Pedro-
Falcon Construction for construction of the new Monroe County Library in Marathon. The contract
total cost is $7,016,385. Construction will be paid for through the one cent infrastructure sales tax.
ITEM BACKGROUND: On February 20, 2019, the County opened sealed responses to the
criteria-based Request for Proposals (RFP) for construction of the new Monroe County Public
Library and Adult Education Center Marathon Branch (Library). On March 4, 2019, a ranking
committee meeting resulted in Pedro-Falcon Construction being the highest ranked respondent to the
criteria-based RFP.
As part of the Monroe County emissions reduction goal of 40% below 2012 by 2030, an alternate
item for a solar voltaic panel system is included with this recommendation in the amount of
$153,500. Additionally, an alternate for Terrazzo flooring in the main stairwell is recommended.
The life expectancy and quality/durability in this alternate flooring at a cost of $13,885 will allow
the stairs to last as long as the buildings life expectancy. These alternates are incorporated in Pedro
Falcon's bid price and the contract total amount of$7,016,385.00.
PREVIOUS RELEVANT BOCC ACTION: 1/23/19 - BOCC rejected all bids to a prior
solicitation for construction of the Library in anticipation of receiving proposals to the subsequent
criteria based RFP that included ranking criteria, redesigned plans, designs and specifications.
6/20/18 - BOCC approved a 4th Amendment to the Professional Services Agreement with
Synalovski Romanick Saye, LLC. (SRS) for the revisions to the 1st and 2nd floor plan to
accommodate a more open floor plan providing the ability to reconfigure the layout of the library
space, reposition the children's library to the second floor, reposition the adult section for the first
floor, enclose the covered terraces, update the building elevations, and provide a 6" raised access
floor on both floors of the facility including the adult education area. 10/21/15 - BOCC approved a
contract with SRS for the design though construction administration of a new public library in
Marathon. Other action not requiring BOCC approval included a First Amendment to Agreement
with SRS to include services for a solar feasibility study as required by Resolution of the Climate
Change Advisory Committee. A Second Amendment was approved by staff to include services for a
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redesign of an area at the library requested by staff, and a Third Amendment was approved by staff
for services to include alternate plans for separate roof top solar systems.
CONTRACT/AGREEMENT CHANGES:
none
STAFF RECOMMENDATION: Approve as stated above, to include both Alternates (Solar
panels and Terrazzo flooring in stairwell 41).
DOCUMENTATION:
Marathon Library Construction Contract 3.5.19 final
Bid Analysis Marathon Library
Ranking sheets
FINANCIAL IMPACT:
Effective Date: 3/21/19
Expiration Date:
Total Dollar Value of Contract: $7,016,385.00
Total Cost to County: 7,016,385.00
Current Year Portion: $3,785,000.00
Budgeted: yes
Source of Funds: 314-25004 - CC1501 - 510120
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: no
County Match: no
Insurance Required: yes
Additional Details:
03/21/19 314-25004 - CULTURE & REC FUND 314 $7,016,385.00
CC1501
REVIEWED BY:
Cary Knight Completed 03/05/2019 3:06 PM
Chris Ambrosio Completed 03/05/2019 4:36 PM
Budget and Finance Completed 03/06/2019 9:56 AM
Maria Slavik Completed 03/06/2019 10:10 AM
Kathy Peters Completed 03/06/2019 10:54 AM
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Board of County Commissioners Pending 03/21/2019 9:00 AM
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Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
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AGREEMENT Made as of March 21, 2019
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BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
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And the Contractor: Pedro-Falcon Construction
31160 Avenue C
Big Pine Key, FL 33043-4516 a.
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For the following Project: Construction of the Monroe County Library&Adult Education
Center, Marathon Branch
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Scope of Work
Provide all labor and materials necessary to construct the new Monroe County Library and
Adult Education Center, a two story 17000 square foot masonry and concrete building
along with site modifications, improvements and utilities, all as indicated in the contract
documents. Work to include coordination with owner to clear and secure the construction
area and to keep the remaining portions of the site accessible and in operation throughout
the new construction process. 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. 0
The successful proposer will be required to complete the permit application on file with
their appropriate company and contact information. Successful proposer will pay
associated permit and inspection fees, as required by the city, county, local water and
power service, necessary for connection to the utilities.
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
Library facility.
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The Contractor shall be responsible for complying with regulations and approvals and d
permitting by the Monroe County building department, growth management, 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.
Drawings are currently under review by the Monroe County School Building Department.
The successful proposer will be required to complete the permit application on file with
their appropriate company and contact information and pay associated permit and
inspection fees as required by the Monroe County School Building Department. It is
anticipated the permit will be ready prior to project award. 0
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ARTICLE 1
The Contract Documents M
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The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions including the General Conditions contained in the Request a.
for Proposals (RFP) of which the table of contents is included after the signature page in this
Agreement), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution 3
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, 0
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
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The Contractor shall execute the entire Work described in the Contract Documents, except to the
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extent specifically indicated in the Contract Documents to be the responsibility of others, or as LO
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion 0
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
Three Hundred Sixty Five (365) calendar days after the date of commencement or �s
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.
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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.
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FIRST SECOND 31ST DAY & d
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
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The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
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ARTICLE 4
Contract Sum
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4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of M
the Contract the Contract Sum of Seven Million Sixteen Thousand Three Hundred Eighty-
Five Hundred and no/100 Dollars ($7,016,385.00), subject to additions and deductions as
provided in the Contract Documents. a.
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)Voltaic Roof Mounted
Solar System, and 2) Terrazo Flooring (in stairwell). (State the numbers or other
identification of accepted alternates. If decisions on other alternates are to be made by 0
the Owner subsequent to the execution of this Agreement then attach a schedule of such
other alternates showing the amount for each and the date until which that amount is
valid.)
Alternate # 1: Roof Mounted Solar Voltaic System. One Hundred Fifty-Three Thousand Five
Hundred and 00/100 Dollars. ($153,500.00)(Included in above total Contractor total price).
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Alternate # 2: Terrazo Flooring (in stairwell). Thirteen Thousand Eight Hundred Eighty-Five and17
00/100 Dollars. ($13,885.00)(Included in above total Contractor total price)
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4.3 Unit prices, if any, are as follows: None.
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
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allocate the entire Contract Sum among the various portions of the Work and be prepared d
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.
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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.
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5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
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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 M
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 a.
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, 3
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 0
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;
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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.
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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.
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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
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for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph d
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:
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(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 M
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.
A. Project Record Documents (As Built Documents). 3
B. Operating and maintenance data, instructions to the Owner's personnel.
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C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
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G. Evidence of payment and final release of liens and consent of surety to final LO
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.
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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.
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7.5 A person or affiliate who has been placed on the convicted vendor list following a d
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.
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7.6 The following items are included in this contract:
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a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting M
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 a.
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 3
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. 0
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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
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Contractor agree that, in the event of conflicting interpretations of the terms or a term LO
of this Agreement by or between any of them the issue shall be submitted to mediationVi
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
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non-prevailing party, and shall include attorney's fees and courts costs in appellate d
proceedings.
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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.
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g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and M
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. a.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all 3
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 0
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
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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
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Agreement. County and Contractor specifically agree that no party to this Agreement LO
shall be required to enter into any arbitration proceedings related to this Agreement. Vi
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
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or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC d
§§ 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.
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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 M
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 3
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 0
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 LO
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.
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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.
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The Contractor is encouraged to consult with its advisors about Florida Public Records d
Law in order to comply with this provision.
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Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
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(1) Keep and maintain public records that would be required by the County to
perform the service.
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(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 a.
completion of the contract if the contractor does not transfer the records to
the County. 3
(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 0
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
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is compatible with the information technology systems of the County.
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(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.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE d
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.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating
to the Project, which shall include but not be limited to accounting records
(hard copy, as well as computer readable data if it can be made available;
subcontract files (including proposals of successful and unsuccessful
bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; M
estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and
supporting documentation; general ledger entries detailing cash and trade a.
discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner to substantiate charges related to this 3
agreement, and all other agreements, sources of information and matters
that may in Owner's reasonable judgment have any bearing on or pertain to
any matters, rights, duties or obligations under or covered by any contract 0
document (all foregoing hereinafter referred to as "Records") shall be open
to inspection and subject to audit and/or reproduction by Owner's
representative and/or agents of Owner. Owner may also conduct
verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations,
overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees,
17
Subcontractors, suppliers, and contractors representatives. All records shall LO
be kept for ten (10) years after Final Completion.
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.
0
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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.
AGREEMENT 00500- Page 10 of 17
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Monroe County Public Library Marathon Branch & Adult Education Center
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory d
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.
U)
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 M
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 a.
purposes contemplated in this Agreement.
a
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. 0
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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.
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u) Execution in Counterparts. This Agreement may be executed in any number of
17
counterparts, each of which shall be regarded as an original, all of which taken LO
together shall constitute one and the same instrument and any of the parties heretoVi
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) 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
AGREEMENT 00500- Page 11 of 17
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Monroe County Public Library Marathon Branch & Adult Education Center
invitees (other than Contractor). The monetary limitation of liability under this contract d
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.
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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 M
and shall further defend any claim or action on the County's behalf.
0
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the a.
indemnification provided for the above.
a
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 0
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 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.
AGREEMENT 00500- Page 12 of 17
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Monroe County Public Library Marathon Branch & Adult Education Center
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by d
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
0
For Contractor: Pedro-Falcon Construction
31160 Avenue C
Big Pine Key, FL 33040-41516
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
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ARTICLE 8 M
Termination or Suspension
0
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General a.
Conditions.
a
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR. 0
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B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall LO
provide CONTRACTOR with seventy-two (72) hours' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach
is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum
due the CONTRACTOR under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONTRACTOR shall not in any event exceed
the spending cap in this Agreement. In addition, the COUNTY reserves all rights
available to recoup monies paid under this Agreement, including the right to sue for
breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
AGREEMENT 00500- Page 13 of 17
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C.28.a
Monroe County Public Library Marathon Branch & Adult Education Center
remaining in the contract. The maximum amount due to CONTRACTOR shall not d
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
r-
8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section M
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, 0
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
0
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents 17
Iq
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: A-001 thru AS-101.1,
GI-001 thru CM-501,
TD-1 thru IR-1,
LS-101 thru A-803,
S-0 thru S-11,
FP-100 thru FP-102,
P-100 thru P-201,
M-100 thru M-301A,
E-100 thru E-115
b) Project Manual: File titled "Marathon Library Tech Specs Rev 6 10-22-18"
c) Documents:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
AGREEMENT 00500- Page 14 of 17
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C.28.a
Monroe County Public Library Marathon Branch & Adult Education Center
9.1.2 The General Conditions are the General Conditions of the Contract for Construction. d
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated:
9.1.4 The Addenda, if any, are as follows:
Number Date Pages
1 1/15/19 1
2 2/5/19 17
3 2/15/19 10
0
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy. M
0
BALANCE OF PAGE INTENTIONALLY LEFT BLANK a.
SIGNATURE PAGE TO FOLLOW
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AGREEMENT 00500- Page 15 of 17
Packet Pg. 690
Monroe County Public Library Marathon Branch & Adult Education Center
Execution of this Contract by the Contractor must be by a person with authority to bind the 6
entity.
0
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. 0
BOARD OF COUNTY COMMISSIONERS 0
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
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By: By: 0
Deputy Clerk Mayor/Chairman
0
Date 4-
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(SEAL) 2
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CONTRACTOR'S Witnesses Attest: CONTRACTOR: 0-
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name:
Print Name: Title:
0
0
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Title: Date: 0
Date: 0
and MONROE COUNTY ATTORNEY
Signature: APPIZ'ROD AS T RM
Print Name:
CHRIS A BROSTOT-
Title: jA6
Este:ate:
0
STATE OF FLORIDA, COUNTY OF
On this day of 12019, before me, the undersigned notary public, personally
appeared known to me to be the person whose U)
name is subscribed above or who produced 0
as identification, and acknowledged that he/she is the person who executed the above contract
with Monroe County for Monroe County Public Library Marathon Branch&Adult Education Center
for the purposes therein -2
contained.
0
Notary Public
Print Name
My commission expires: Seal E
AGREEMENT 00500- Page 16 of 17
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C.28.a
Monroe County Public Library Marathon Branch & Adult Education Center
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General Conditions of the Contract for Construction
GENERAL REQUIREMENTS
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination 0
Section 01045 Cutting and Patching M
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals a.
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout 0
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
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