Item D6 D.6
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
May 22, 2019
Agenda Item Number: D.6
Agenda Item Summary #5470
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Matthew Howard(305) 292-4337
N/Z
AGENDA ITEM WORDING: Approval to award contract in the amount of$104,462.00 to Pedro
Falcon Electrical Contractors, Inc. (Pedro Falcon) for installation of structural shoring at the Monroe
County Tax Collector's building in Marathon.
ITEM BACKGROUND: Monroe County's Tax Collector's Building in Marathon sustained severe
building damages due to Hurricane Irma high winds, flooding, and flying debris. A Request for
Proposals (RFP) was publicly advertised for bids to install structural shoring. On March 6, 2019,
responses to the RFP were opened. Three (3) bids were received. Pedro Falcon submitted the lowest
responsive bid in the amount of$104,462.00.
PREVIOUS RELEVANT BOCC ACTION:
6/20/18 - BOCC approved advertisement of any required solicitations or proposals for repairs, work,
or services resulting from damage to County facilities as a result of Hurricane Irma and authorization
to proceed with such repairs, work, and service.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Agreement -Pedro Falcon (legal stamped)
Pedro Falcon Tax Collectors Shoring
FINAL BID TABULATION SHEET
FINANCIAL IMPACT:
Effective Date: May 22, 2019
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D.6
Expiration Date: Substantial completion to be 90 days after issuance of Notice to Proceed
with final completion thereafter.
Total Dollar Value of Contract: $104,462.00
Total Cost to County: Possible 12.5%
Current Year Portion: $104,462.00
Budgeted:
Source of Funds: 125 0459110530460 IRMONREI
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Cary Knight Completed 05/07/2019 2:40 PM
Patricia Eables Completed 05/07/2019 5:08 PM
Chris Ambrosio Skipped 05/07/2019 2:39 PM
Budget and Finance Completed 05/07/2019 5:13 PM
Maria Slavik Completed 05/08/2019 8:34 AM
Kathy Peters Completed 05/08/2019 9:08 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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D.6.a
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of May 22, 2019 (n
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
And the Contractor: Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
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Big Pine Key, FL 33043
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For the following Project: Marathon Tax Collector's Building Structural Shoring X
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Documents and Specifications. The Contractor is required to provide a complete job as
contemplated by the documents 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.
Contractor will be responsible for controlling site access. The affected area is located on the
rear elevation and the work area is on a steep grade. Contractor will be held accountable for
space restrictions.
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Contractor shall shore the affected area of the Marathon Tax Collector's office as described in M
the "Shoring Design Plan" as published by Sunbelt Rentals. e
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Contractor will show the shoring to be maintained and left in place for 12 months.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Documents, 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
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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.
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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 (n
as follows: NIA
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
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The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety
(90) 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 U
phases of the contract shall be the calendar date or dates listed in the milestone schedule. X
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 &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER .�
Under$50,000.00 $50.00/Day $100.001Day $250.00/Day
$50,000.00-99,999.00 100.001Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.001Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.001Day
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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3.2 UNCONTROLLABLE CIRCUMSTANCE M
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such
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Party's control, without such Party's fault or negligence and that by its nature could not have
been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of
God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane, or other declared
emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is
declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the
Project: (d) government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, an
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost, or
availability of materials, components, or services, market conditions, or supplier actions, or
contract disputes will not excuse performance by Contractor under this Section. Contractor
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shall give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of
such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the
Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are
minimized and resume full performance under this Agreement. The County will not pay
additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a
no cost Change Order for such reasonable time as the Owner's Representative may determine.
ARTICLE 4 (n
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Sum of One Hundred Four Thousand Four Hundred Sixty Two and
001100 Dollars ($104,462.00), 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:
Alternate# 1: No Alternates Specified.
4.3 Unit prices, if any, are as follows: None
ARTICLE 5
Progress Payments 0
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. 0
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5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by e
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:
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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 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 e
Owner of changes in the Work, amounts not in dispute may be included in Applications (n
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 (n
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 2
location agreed upon in writing), less retainage; 2
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5.6.3 Subtract the aggregate of previous payments made by the Owner; and X
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. e
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. U)
ARTICLE 6 �
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the U-
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 a.
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
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(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
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. (n
C. Warranties, bond and guarantees.
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D. Keys and keying schedule.
E. Spare parts and maintenance materials.
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F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final U
release (includes final release from all utilities and utility companies). X
ARTICLE 7
Miscellaneous Provisions
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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, U)
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
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 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.
By signing this Agreement, Contractor represents that the execution of this Agreement
will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation
of this section shall result in termination of this Agreement and recovery of all monies
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paid hereto, and may result in debarment from County's competitive procurement
activities.
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In addition to the foregoing, Contractor further represents that there has been no e
determination, based on an audit, that it or any subcontractor has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether Contractor has been placed on
the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor or Contractor
is formally charged with an act defined as a "public entity crime" or has been
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placed on the convicted vendor list. 0
7.6 The following items are included in this contract:
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a) Maintenance of Records. Contractor shall maintain all books, records, and e
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be e
retained for a period of five (5) years from the termination of this agreement or for a X
period of three (3) years from the submission of the final expenditure report as per 2
C.F.R. §200.333, whichever is greater. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of
the Agreement and for five (5) 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 e
this Agreement, or were wrongfully retained by the Contractor, 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 U)
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 2
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 0
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 a.
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
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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.
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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. 2
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 e
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
purpose of this Agreement; provided that all applications, requests, grant proposals, U
and funding solicitations shall be approved by each party prior to submission.
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h) Adjudication of Disputes or Disagreements. County and Contractor agree that all e
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 E
law. This Agreement is not subject to arbitration. U)
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 0
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 prohibits
discrimination in employment on the basis of race, color, religion, sex, and national
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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 e
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 §§ 12101), as amended from time to time, relating
to nondiscrimination in employment on the basis of disability; 10) Monroe County
Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, e
sex, religion, national origin, ancestry, sexual orientation, gender identity or 2
expression, familial status or age; and 11) any other nondiscrimination provisions in e
any federal or state statutes which may apply to the parties to, or the subject matter X
of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 U
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶
C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender U)
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but 0
not be limited to the following: Employment, upgrading, demotion, or transfer, U-
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
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3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to U
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
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6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the contracting agency and the E
Secretary of Labor for purposes of investigation to ascertain compliance with U)
such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination 0
clauses of this contract or with any of such rules, regulations, or orders, this M
contract may be canceled, terminated or suspended in whole or in part and c
the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
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respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for
non-compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the interests
of the United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
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; 2
unauthorized compensation; misuse of public position, conflicting employment or 2
contractual relationship; and disclosure or use of certain information.
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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, �s
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. U)
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, 0
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 0
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 Fla. Stat., Sec. 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.
(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.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law 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 2
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 U
contract, the Contractor shall destroy any duplicate public records that are X
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 �s
must be provided to the County, upon request from the County's custodian
0
of records, in a format that is compatible with the information technology
systems of the County. c
(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 U)
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 0
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 0
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
AGREEMENT 00500-Page 11 of 22
Packet Pg. 1322
D.6.a
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.
cos
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;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other as
supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of 2
Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that may in
Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any 2
matters, rights, duties or obligations under or covered by any contract document (all foregoing
hereinafter referred to as "'Records") shall be open to inspection and subject to audit and/or U
reproduction by Owner's representative and/or agents or the County Clerk. Owner or County X
Clerk 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 U
employees, Subcontractors„ suppliers, and contractors representatives... All records shall be kept
for ten (10) years after Final Completion. The County Clerk possesses the independent
authority to conduct an audit of Records, assets, and activities relating to this Project, If any
auditor employed by the Monroe County or County 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
Section 55.03, F.S., running form the date the monies were paid to Contractor.
U)
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 0
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.
p) Privileges and Immunities. All of the privileges and immunities from liability,, a.
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, 0
agents, or employees of any public agents or employees of the County, when 0
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
AGREEMENT 00500-Page 12 of 22
Packet Pg. 1323
D.6.a
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 0
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.
0
s) Attestations. Contractor agrees to execute such documents as the County may 2
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, c
and a Drug-Free Workplace Statement. X
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 �s
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.
0
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.
U)
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 0
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 0
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
AGREEMENT 00500-Page 13 of 22
Packet Pg. 1324
D.6.a
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 Contractors 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.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold U
harmless the Agency, the State of Florida, Department of Emergency Management, X
and its officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract. �s
0
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida e
and the(County)Agency's sovereign immunity.
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 U)
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. fart 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 a.
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
AGREEMENT 00500-Page 14 of 22
Packet Pg. 1325
D.6.a
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.
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. M
Notice shall be sent to the following persons:
For Contractor: Christian Brisson
Pedro Falcon Electrical Contractors, Inc. U)
31160 Avenue C
Big Pine Key, FL 33043 a
U
x
For Owner: Director of Proiect Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, FL 33040 Key West, FL 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to
2 C.F.R. Part 200, as amended, including but not limited to:
7.8.1 Clean Air Act and the Federal Water Pollution Control Act.. CONTRACTOR agrees to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean E
Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended U)
(33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency(EPA).
7.8.2 Not used.
7.8.3 Contract Work_ Hours and Safety Standards Act (40 U.S.C. 3701-3708),. Where U-
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704,, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U,S„C, 3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of forty (40) hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of forty (40)
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in E
surroundings or under working conditions which are unsanitary, hazardous, or �
dangerous. These requirements do not apply to the purchases of supplies or materials
AGREEMENT 00500- Page 15 of 22
Packet Pg. 1326
D.6.a
or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
°
7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets o
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or (s
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights �s
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.5 Clean Air Act (42 U.S.C. 7401-7671g.), Water Pollution Control Act (33 U.S.C. 1251-
1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must
comply with all applicable standards, orders, or regulations issued pursuant to the Clean 0
Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended e-
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency(EPA).
U
7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide iM
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Camp., p. 235), "Debarment and �s
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. o
7.8.7 Byrd_Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to
CL
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of @
a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. 0
Such disclosures are forwarded from tier to tier up to the non-Federal award. M
7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR 4200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as
amendment by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designed in guidelines of the Environmental
Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of E
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. (1) In the performance of this contract, the
CONTRACTOR shall make maximum use of products containing recovered materials
that are EPA-designated items unless the product cannot be acquired (i) Competitively
AGREEMENT 00500-Page 16 of 22
Packet Pg. 1327
D.6.a
within a timeframe providing for compliance with the contract performance schedule; (ii)
Meeting contract performance requirements; or(iii) At a reasonable price. (2) Information
about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines web site,
t!!R5llww1 „e a,, o �, mmpcomr�rehe�� iwr.. uocurementm uideUiiroc-c
Other Federal Requirements (as applicable):
7.8.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will
comply with all the requirements as imposed by the ADA„ the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 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 e
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 e
performance of this Agreement. In this regard, all recipients and contractors shall take all X
necessary and reasonable steps in accordance with 2 C.F.R. § 200321( as set forth in
detail below)„ applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, e
national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
0
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY .�
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS
a. If the CONTRACTOR, with the funds authorized by this
Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. U)
§200.321, the CONTRACTOR shall take the following affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus area firms are
used whenever possible.
b. Affirmative steps must include: 0
1. Placing qualified small and minority businesses and women's business _
enterprises on solicitation lists,
2. Assuring that small and minority businesses, and women's business
IL
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements,when economically,feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as E
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
6. Requiring the Prime contractor, if subcontractor are to be let, to take the
AGREEMENT 00500-Page 17 of 22
Packet Pg. 1328
D.6.a
affirmative steps listed in paragraph (1)through (5) of this section.
7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the (n
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
Contract term.
7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the CONTRACTOR'S actions pertaining to this contract.
7.8.13 Access to Records. The following access to records requirements apply to this contract:
U)
(1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this contract for the purposes of making U
audits, examinations, excerpts, and transcriptions.
(2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized 0
representatives access to construction or other`work sites pertaining to the work being
completed under the contract.
r-
7.9 The Contractor is bound by the terms and conditions of the Federally-Funded Subaward e
and Grant Agreement between County and the Florida Division of Emergency
Management (Division) found at the following link on the Monroe County web page;
uiMi a jall ii nj IBui 3. sII „G 'Ill lli:) „j B.. CL
7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and U)
regulations. @
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7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extend allow and required by law. M
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions. E
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.
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.
AGREEMENT 00500-Page 18 of 22
Packet Pg. 1329
D.6.a
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 e
provided. In the event of such termination, prior to termination, the COUNTY shall
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, 2
located at Section 2-721 et al. of the Monroe County Code. 2
0
U
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 t�
remaining in the contract. The maximum amount due to CONTRACTOR shall not
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 e
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.
U)
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 0
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 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,
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
AGREEMENT 00500.Page 19 of 22
Packet Pg. 1330
D.6.a
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),
Florida Statutes, are met.
a
ARTICLE 9 c
Enumeration of Contract Documents (n
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: 18-1333A: 1 of 6, 2 of 6, 3 of 6, 4 of 6, 5 of 6, 6 of 6
b) Project Manual: None
a
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and
Contractor. 2
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
0
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: None 0
x
9.1.4 The Addenda, if any, are as follows:
Number Date Page
0
This Agreement is entered into as of the day and year first written above and is executed in one
(1) original copy. A copy of the executed contract will be delivered to the Contractor. e
U)
0
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AGREEMENT 00500-Page 20 of 22
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D.6.a
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) BOARD OF COUNTY COMMISSIONERS c
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA (n
By: By:
Deputy Clerk Mayor/Chairman (n
Date
(SEAL_)
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
Contractor must provide two witnesses
signatures Signature:
c
Signature: Print Name:
0
Print Name: Title:
Title: Date:
Date:
and
0
Signature: 2
MONROE COUNTY ATTORNEY'S OFFICE
Prink Name: F R
Title: PATRICIA EABLES
91
ASSISTANT OUNTY ATTORNEY U)
DATE: @
Date:
0
STATE OF FLORIDA, COUNTY OF cu
On this day of , 20_, before me, the undersigned notary public,
personally appeared known to me to be the person whose name is 0
IL
subscribed above or who produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for Marathon
Tax Collector's Structural Shoring for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal E
End of Section 00500
AGREEMENT 00500-Page 21 of 22
Packet Pg. 1332
D.6.a
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
a
0
(n
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan (s
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values U
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 U)
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning 0
Section 01720 Project Record Documents M
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
GENERAL REQUIREMENTS Page 22 of 22
Packet Pg. 1333
D.6.b
"I"L
ORIGIA I,
PEDRO FALCON
°
CONTRACTORS, INC.
31160 Avenue C,Big Pine Key,FL 33043-4516
O 7 - -Fax(35)872-2219
EC 13003416/CGC 1507617
www.pedrofalcon.coni
Response to
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
0
6
U
x
REQUEST FOR PROPOSALS
0
0
MONROE S MARATHON TAX
cm
COLLECTOR'S OFFICE ,,
STRUCTURAL SHORING 0
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MARCH 06, 2019 0
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Packet Pg. 1334
MONROE COUNTYS MARATHON TAX COLLECTOR'S OFFICE BIJILDING STRUCTURAI.,SHORING
ca
County Forms
0
0
0
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x
0
0
0
0
0
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0
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Packet Pg. 1335
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
SECTION 00120
PROPOSAL FORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein. c
Item Description Pages
1. Proposal Form 23
(n
2. Bid Bond (Proposal Security) 26
3. Non-Collusion Affidavit 27
4. Lobbying and Conflict of Interest Clause 28
5. Drug-Free Workplace Form 29
6. Public Entity Crime Statement 30 E
0
7. Vendor Certification Regarding Scrutinized Companies List 31
8. Subcontractor Listing Form 32
U
9. Insurance Requirements and Checklist 33
10. Workers Compensation and Employers' Liability 35
11. General Liability 36
12. Vehicle Liability U
37
13. Proposer's Insurance and Indemnification Statement 38
0
14. Insurance Agent's Statements 40
15. Minority Owned Business Declaration 41
16. Certification Regarding Debarment, Suspension, Ineligibility, 42 c
and Voluntary Exclusion
0
17. Contractor License:
A Current Copy to be submitted with Proposal. U
Subcontractor Licenses to be Submitted Prior to
Award of Notice to Proceed.
0
INFORMATION REQUIRED TO BE PROVIDED M
0
1. In order to determine if the persons or entity submitting proposals are responsible,. all
Proposals for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; if a solely owned proprietorship, names(s) of
PROPOSAL FORM 00120- Page 21 of 300
Packet Pg. 1336
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
owner(s). A copy of documentation demonstrating that the entity is a legally
viable entity shall be attached. Christian frisson. See attached.
B. A list of the officers and directors of the entity. Christian Brisson as President„
Director, Secretary
C. Relevant Experience: The number of years the person or entity has been
operating and, if different, the number of years it has been providing the service,
goods, or construction services called for in the proposal specifications (include a
list of similar projects). Thirty Four Years. See attached Similar Projects List,
D. The number of years the person or entity has operated under its present name
and any prior names. Thirty Four Years.
E. Answers to the following
questions regarding claims and suits: �
a. Has the person or entity ever failed to complete work or provide the
goods for which it has contracted? (If yes„ provide details of the job, E
including where the job was located and the name of the owner.)
YES NO QX
U
x
b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, or its
officers, directors, or general partners (this specifically includes any
present or prior entities in which the person, principal', entity, officer„
director or general partner of the proposing entity has been involved as a
person, principal, entity„ officer, director or general partner in the last five
( ) years)' (If yes, provide details, include enough information about the
judgment„ claim„ arbitration or suit so that the Owner will able to obtain a
copy of the judgment or claim or locate the suit by location and case
number.)
YES NO X�
0
C. Has the person, principal of the entity, entity„ or its officers, major X
shareholders or directors within the last five ( ) years, been a party to any
law suits or arbitrations with regard to a contract for services, goods or 0
construction services similar to those requested in the specifications with cu
private or public entities` This specifically includes any present or prior
entities in whiich the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, IL
entity, officer, director or general partner in the last five (5) years. (If yes,
r provide details„ include enough information about the judgment, claim,
arbitration or suit so that the Owner will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES NO
PROPOSAL FORM 00120- Page 22 of 300
Packet Pg. 1337
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
d. Has the person, principal of the entity, or its officers, owners, partners,
major shareholders or directors, ever initiated litigation against Monroe
County or been sued by Monroe County in connection with a contract to
provide services, goods or construction services? This specifically 0
includes any present or prior entities in which the person, principal, entity,
officer, director or general partner of the proposing entity has been
involved as a person, principal, entity, officer, director or general partner.
(If yes, provide details, include enough information about the judgment,
claim, arbitration, or suit so that the Owner will able to obtain a copy of
the judgment or claim or locate the suit by location and case number,)
YES NO rX-1 22
L—`�i
.2
4--
e Whether, within the last five (5) years, the Owner, an officer, general 0
partner, controlling shareholder or major creditor of the person or entity E
0
was an officer, general partner, controlling, shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar
0
to those sought in the request for bids. (If yes, provide details and U
information about the failure to perform services or furnish goods that will X
enable the Owner to thoroughly consider the matter.) i M
YES NO nX
0
0
f. Customer references (minimum of three), including name, current 0
address and current telephone number. Credit References (minimum of 2
three), including name, current address and current telephone number.
See attached Customer and Credit References,
9- Financial statements for the prior three (3) years. Please rovide in a 0
se state sealed envelo e for the Contractor's confidentialit and clearl
co E
("Any financial statement that an agency requires a 0
prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works0
project s exempt from F.S. 119.07(l) and U
s.24(a), Art. 1 of the State Constitution.") X
See separate sealed envelope.
0
.2
M
U-
0
IL
E
PROPOSAL FORM 00 120- Page 23 of 300
1 Packet Pg. 1338
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
SECTION 00120
PROPOSAL FORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213 cis
KEY WEST, FLORIDA 33040
22
°
PROPOSAL FROM: Pedro Falcon Contractors Inc,
31160 Avenue C
Big Pine Key, FL 33040
q The undersigned, having carefully examined the Work and reference Documents,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
0
U
"MARATHON TAX COMLECTOR'S STRUCTURAL
SHORING
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 2
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Documents, 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 U
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 LL
inconsistency between the two, the Proposal in words shall control.
IL
One Hundred & Four Thousand Four Hundred & Sixty Two Dollars. r_
(Total Base Proposal-words)
c�
PROPOSAL FORM 00120-Page 24 of 300
Packet Pg. 1339
k D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
$ 104, 462 . 00
(Total Base Proposal— numbers)
a
0
I acknowledge Alternates as follows:
None
Unit prices, if any, are as follows: 22
a
None
1 acknowledge receipt of Addenda No.(s) N/A 0
E
No. Dated
No. Dated 0
No. Dated
No, Dated
0
0
0
a
0
0
0
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0
2
M
0
IL
PROPOSAL FORM 00120-Page 25 of 300
Packet Pg. 1340
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
Proposer, states by his/her check mark in the blank beside the form and by his/her signature
that he/she has provided the following requirements (located in Section 00120):
1. Proposal Form X
2. Proposal Security (Bid Bond) X
3. Non-Collusion Affidavit
X o
4. Lobbying and Conflict of Interest Clause X
5. Drug-Free Workplace Form X
6. Public Entity Crime Statement X
7. Vendor Certification Regarding Scrutinized Companies Subcontractor List Form X
8. Proposer's Insurance and Indemnification Statement X
9. Insurance Agents Statement (signed by agent) X
10. Answered Required Questions X
11. Provided three (3) Customer References and three (3) Credit References X �
12. Provided three (3) years of Financial Statements in separate envelope X
13. Certified copy of Valid Florida Contractor's License X
14. Current Monroe County Occupational License X U
x
15. Minority Owned Business Declaration X
16. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion X
0
Business
Name: Pedro Falcon Electrical Contractors, Inc-DBA: Pedro Falcon Contractors Inc,
Business r_
0
EIN # 59-2550231
Business Mailing
Address: 31160 Avenue C Address: Same
City, City,State
State, Zip Bi Pine Key, FL 33043 Zip
Local o
Phone: 305-872-2200 Phone:
0
Email: cb edrofalcon.com U
x
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 0
proposal. ..� U_
Date: March 06 2019 Signed: IL
Printed: Christian Brisson
Title: as President
Witness:
PROPOSAL FORM 00120- Page 26 of 300
Packet Pg. 1341
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
BID(PROPOSAL) BOND
Pedro Falcon lilectrical Contractors,Inc.
KNOW ALL MEN BY THESE PRESENTS, that we 31160 Avenue C
Big Pine Key,FL 33043 �
(Here insert name and address or legal title of Contractor)
Travelers Casualty and Surety Company of America �
as Principal, hereinafter called the Principal, and One rower square
Hartford,CT 06183
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of CT as Surety, hereinafter called
the Surety, are held and firmly bound unto Monroe County BOCC-Purdiasing Department
1100 Simonton Street,Rovm 2-213 Key West,FL 33040
(Here insert full name and address or legal title of Owner) as
2
as Obligee, hereinafter called the Obligee, in the sum of Five Percent ofAmoun1BidDollars
for the payment of which sum well and truly to be made, the said Principal and the E
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally, firmly by these presents
WHEREAS, the Principal has submitted a bid for Nlonroc County's Marathon Tax Collector's Office Building Structural
Shoring U
(Here insert full name, address and description of project) X
NOW, THEREFORE. if the Obligee shall accept the bid of the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety U
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
0
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and: r-
effect. Any action instituted by a claimant under this bond must be in accordance with the
notice and time limitations provisions in Section 255.05( ),FIortda.Statrts..
Pedro Fat tt i$(e�airtlr tors. �«,
„M
rind al) (Seal) ",
c
(Wtt'ness' x
Christian Brijs as President''
�...._ Title
Travelers .t, 'S re 4. aiipanyot,Amerubj a 0
b CY
,
(Surety) (Seaj e
f
as
(Witness) Kristi Me.;. IL
Joseph P.Nielson, Attorney In Fact
(Title)
PROPOSAL FORM 00120-Page 27 of 300
I
Packet Pg. 1342
Travelers Casualty t—and SuretyZo—mpany of America
Travelers Casualty and Surety Company
TRAVELER9TC St. Paul Fire and Marine Insurance Company
............ ..........
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the 0
"Companies"),and that the Companies do hereby make constitute and appoint JOSEPH P NIELSON of MIAMI LAKES
Florida their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, 0
conditional onderiakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February-
2017. O
04 F<
State of Connecticut
By,
City of Hartford ss Robert L Raney.Ser for Vice Presldient
0
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney who acknowledged himself to be the Senior Vice President of E
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marine Insurance Company, and 0
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations 0
by himself as a duly authorized officer 4)
In Witness Whereof,I hereunto set my hand and official seal, -6
My Commission expires the 30th day of June 2021 X
tt Uri�=, etreauIt—,N-ota-r y- Public
............
...
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America Travelers Casualty and Surety Company, and St, Paul Fire and Marine Insurance Company,which resolutions are now in 0
full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman.any Executive Vice President, any Senior Vice President,any Vice President, any 0-
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and C:
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with 0
the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity. and other writings obligatory in the nature of a 2
bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her;and it is 0
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice 0
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional 0
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal, if required)by -6
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more U
Company officers pursuant to a written delegation of authority.and it is X
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only 0
O
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
LL
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached 0
L_
1, Kevin E. Hughes, the undersigned. Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St,Paul Fire and Marine Insurance Company do hereby certify that the above and foregoing is a true and correct copy of the Power of IL
Attorney executed by said Companies,which remains in full force and effect
Dated this 6th day of March 2019
wwr pig
,W.A
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V.P4
oo"�Kevin E,Hughes,AssiW'n('Secreh-_i;��___
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached
N
Packet Pg. 1343
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
SECTION 00120
NON-COLLUSION AFFIDAVIT
I, Christian Brisson of the city Bia Pine Ke
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am Christian Brisson
of the firm of Pedro Falcon Contractors Inc.
the proposer making the Proposal for the project described in the notice for calling for (n
proposals for:
Monroe Count 's Marathon Tax Collector's Office Building Structural Shoring
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as 0
to any matter relating to such prices with any other proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed U
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
r_
5. The statement„=Rained in this affidavit are true and correct, and made with full o
;knowl 0 aid
'arch 06 2019
0
Signature of Proposer) (Date)
0
STATE OF: Florida
0
COUNTY OF: Monroe X
x
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Christian Brisson 0
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the M
space provided above. o
0
on this 6th day of March 2019
.. , L
NOTARY PUBLIC E
', Conxnis.��=, 716
My commission expires: 'ay Z (SEAL)
PROPOSAL FORM � 0120-Page 28 of 300
� 16
22,210
Packet Pg. 1344
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Pedro Falcon Contractors, Inc.
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, U
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
,.
( ignature) r_
Date: March 06, 2019 2
°
0
STATE OF: Florida
c�
COUNTY OF: Monroe
U
Subscribed and sworn to (or affirmed) before me on March 06, 2019 (date) x
0
by Christian Brisson (name of affiant). He/She is personally.known to me cu
_
0
or has produced as identification. (Type of identification)
IL
NO ARY PUBLIC
�ao A sn
h
My commission a pire^s: Eoo1B
w"22,2�
PROPOSAL FORM 00120-Page 29 of 300
Packet Pg. 1345
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
0
Pedro Falcon Contractors, Inc.
(Name of Business)
1 e Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
U
3. Gives each employee engaged in providing the commodities or contractual services that x
are under proposal a copy of the statement specified in subsection (1).
4, In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
0
6, Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
U
As the person authorized to sign the statement, I certify that th ,,.. _complies fully with the
above requirements.
w .., U_
0
Proposer's Signature
IL
March 06, 2019
Date E
c�
l�
PROPOSAL FORM 00120- Page 30 of 300
Packet Pg. 1346
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
PUBLIC ENTITY CRIME STATEMENT
°
0
"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 bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR 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, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the above and state that neither Pedro Falcon Contractors, Inc. 4.2--
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last E
thirty-six(36) months. 0
U
• h
( ` n 6e)
Date: March 06 2019
�s
0
0
STATE OF: Florida
COUNTY OF: Monroe
0
Subscribed and sworn to (or affirmed) before me on the 6th day of March
2019 by Christian Brisson (name of affiant). Fle/She i rson ly
no^ n to me or has produced (type of
identification) as identification. 0
0
My ommission Expires: IL
tTARYi
(S P Li�22,
PROPOSAL FORM 00120- Page 31 of 300
Packet Pg. 1347
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):Monroe Count 's Marathon Tax Collector's Office Building Structural 'Shoring
Respondent Vendor Name: Pedro Falcon Contractors. Inc. o
Vendor FEIN 59-2550231
Vendor's Authorized Representative Name and Title: Christian Brlsson as President
1 Address:
City: Big Pine Key State: Florida Zip„ 33043
Phone Number 305-872-2200 Email Address: cb edrofalcon.com
°
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida o
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing
a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector U
Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in
Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
0
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
U
x
Certified By: Christian Brissort _. who is authorized
to sign on behalf of the above referen dfl nn 0
Authorized Signature., _
Print Name: Christian Brisson
Title. as President
Note: The List are available at the following Department of Management Services Site:
htt :llwww.d s m fVonda com/busin s gfagr tLons/state gLchcha un l r(LrLdor inforrr�afigE convi tq u ,
ended discrirninator cqmplaints vendor lists
PROPOSAL FORM 00120- Page 32 of 300
Packet Pg. 1348
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#Warea code Fax: Cell: Address
°
0
,Pedro Falcon Contractors, Inc. will self perform this work.
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PROPOSAL FORM 00120-Page 33 of 300
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D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance 2
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
0
U
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been o
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may
be contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
U
x
• Certificate of Insurance or
• A Certified copy of the actual insurance policy. 0
M
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 300
{
Packet Pg. 1350
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition the Count will be named as n Additional In r asu Insured and Loss Payee on all policies
Y Y
covering County-owned property.
t Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 300
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D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
BETWEEN
MONROE COUNTY, FLORIDA
AND
Pedro Falcon Contractors, Inc.
°
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440.
E
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident U
$500,000 Bodily Injury by Disease, policy limits X
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
0
If the Contractor has been approved by the Florida's Department of Labor, as an authorized o
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund o
upon request from the County.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 300
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D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
BETWEEN
MONROE COUNTY, FLORIDA
AND
Pedro Falcon Contractors, Inc..
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
Premises Operations U
• Products and Completed Operations X
Blanket Contractual Liability
• Personal Injury Liability
0
The minimum limits acceptable shall be:
0
0
$1,000,000 Combined Single Limit
°
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on U
all policies issued to satisfy the above requirements. X
0
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 300
Packet Pg. 1353
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
BETWEEN
MONROE COUNTY, FLORIDA
AND
Pedro Falcon Contractors, Inc.
a
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
0
liability coverage for:
0
Owned, Non-Owned, and Hired Vehicles x
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
0
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
a
0
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 38 of 300
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D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
a
0
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease, cis
each employee
22
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations 2
Blanket Contractual Liability
Personal Injury Liability
0
Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit
U
If split limits are preferred: X
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
0
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 cis
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, X
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 M
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.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 300
Packet Pg. 1355
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
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 22
contained elsewhere within this AGREEMENT.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Agency, the State of Florida, Department of Emergency Management, and its officers and
0
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the U
performance of this Contract. X
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
0
0
PROPOSER'S STATEMENT E
0
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 harmless and duty
to defend as set out in this proposal.
.. 0
Christian Brisson
PROPOSER Signature 0
0
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 300
Packet Pg. 1356
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
a
f9SVR Kq AGENT"S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
I
POLICY DEDUCTIBLES E
22
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General Liability $0
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Autornobile Liability $0
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INSURANCE REQUIREMENTS _.
AND FORMS 00130-Page 41 of 300
Packet Pg. 1357
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
M$��rkr �(�IDI� 5M1
�kxgx0 °;
Mhiorit r Owned Business Declaration �
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Pedro Falcon Contractors, Inc. a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes,
0
F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least
5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or U
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and
whose management and daily operations are controlled by such persons.A minority business enterprise may
primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this
subsection,the tern "related immediate family group"means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5
million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
0
Contractor inav refer to F.S. 288.703 for more inlornnation. �
Coniract',r m Sub Reci r�ient: Monroe County U
.......... ........
..... .............
ognat a rc Signature 0
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Print Name:as President Brisson Printed Name: o
Christian
Title: a Title/OMB Department.,,
Verified via: as
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Litt)s: osd,drtas.m florida.com directories
Address: 31160 Avenue C DEM Contract: Z0002
..........i............
Cit /State/ZP-.Bi _,EL 33043
Date: March 06, 2019 FEMA Project Number:
INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 300
Packet Pg. 1358
D.6.b
MARATHON TAX COLLECTOR'S STRUCTURAL SHORING
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
a
0
(n
Contractor Covered Transactions
0 Pedro Falcon Contractors, Inc.
(1) The prospective contractor of the Recipient, certifies, by submission
of this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in thls transaction by any
Federal department or agency.
(2} Where the Recipient's contractor is unable to certify to the above statement,the prospective
contractor shall attach an explanation to this form.
CONTRACTOR;
Pedro Falcon.Q.QnU ctors, Inc.
..
S ature Recipient's Name -
Christianrissoi _Pr siden
Name and Title Division Contract Number o
31160 Avenue C
Street Address FEMA Project Number
0
Big Pine Key, FL 33043 2
City, State,Zip cm
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March 06, 2019 c
Date
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End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 300
Packet Pg. 1359
D.6.b
MONROE C'CD➢INTY S Ar➢A➢2A`d'I ION TI AX COLLEC,"G'OWS OFFICE BUILDING STRUCTURAL SHORING
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D.6.b
2018 / 2019
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2019
RECEIPT# 30140-9801
Business Name: PEDRO FALCON ELECTRICAL
CONTRACTORSINC
PEDRO FALCON, CHRISTIAN N BRISSON 31160 AVE C
Owner Name: Business Location: BIG PINE KEY, FL 33043
Mailing Address: QUALIFIER, ROBERT D ALLSBROOK
31160 AVE C Business Phone: 305-872-2200
BIG PINE KEY, FL 33043 Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD
QUALIFIER STATE LIC EC13003416)
1 �
Employees 10
STATE LICENSE: EC0001491/CGC1507617/
Amount Transfer Fee Sub Total Penalty Prior Years Collection Cost Total Paid Tax ..., ........ -
25.00 0.00 25.00 0.00 0.00 0.00 25.00 e�
0
Paid 107-17-00010076 09/12/2018 25 .00
x
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR U
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
a
U
x
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129 0
EXPIRES SEPTEMBER 30, 2019 M
Business Name: PEDRO FALCON ELECTRICAL RECEIPT# 30140-9801
CONTRACTORS INC 31160 AVE C
Business Location: BIG PINE KEY, FL 33043
Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON IL
Mailing Address: QUALIFIER, ROBERT D ALLSBROOK Business Phone: 305-872-2200
31160 AVE C Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD
BIG PINE KEY, FL 33043 QUALIFIER STATE LIC EC13003416)
Employees 10
STATE LICENSE: EC0001491/CG
............�._._.M....._...._ _..................._.................— _.�.......�....-..._._..._........n
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
25.00 0.00 25.00 1 0.00 0.00 0.00 25.00
Paid 107-17-00010076 09/12/2018 25 .00
Packet Pg. 1363
D.6.b
11/2/2018 Detail by Entity Name
wwuu a''"r iwran e+aw�woru mar rau aio-i fda fill 0jfl0U/Ime of Moo J&w-piallu
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DetallEbyEnti , Name
J Florida Profit Corporation
PEDRO FALCON ELECTRICAL CONTRACTORS INC.
Filing Information
Document Number H58348
FEI/EIN Number 59-2550231
Date Filed 05/21/1985 E
State FL
Status ACTIVE
0
Principal Address x
31160 AVE C iM
BIG PINE KEY, FL 33043
0
Changed: 01/16/2004
Mailing Address
31160 AVE C
BIG PINE KEY, FL 33043
°
Changed: 03/18/1997
Registered gent Name&Address
BRISSON, CHRISTIAN N
31160 AVENUE C
BIG PINE KEY, FL 33043
U
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Name Changed: 01/16/2018
0
Address Changed: 02/19/1999 cu
f1Ce�101rect r QvWfl
Name&Address 0
Title PDS
BRISSON, CHRISTIAN N
31160 AVE C
BIG PINE KEY, FL 33043
Annual Reports
Report Year Filed Date
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PEDROFA... 1/2
Packet Pg. 1364
11/2/2018 Detail by Entity Name
2016 01/29/2016
2017 01/24/2017
2018 01/16/2018
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Packet Pg. 1365
MONROE COUNTY'S MARATTIONTAX COLLECTOWS OFFICE BUILDING S'FRLJ(.'.I'LJIRA[, SHORING
Similar Pro 'ects List
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Owner
cati® J Description P avadedervices Cl ntra t Yeah
_.-_. _-_ ... Contact
Rebuild Boat Dock to be
Monroe County used by emergency Steven Sanders
Big Pine Key
Board of services from the Sheriffs Project Manager O
County Emergency Service Dept.and FL Fish& $38,191 00 2019 Monroe County Public Works
Commissioners Boat Dock Wildlife Conservation
Commission. 305-295-4338
Jeff Sawyer
District School Tommy Roberts Repairs to existing Monroe County School
Board of Memorial Stadium bleachers:steel and $467,554.00 2019 District,Project Manager
Monroe County Bleachers Repair spalling repairs.Repaint.
�eff. awwer ;k. sj�talm °
Interior renovations of the
existing Gymnasium
including new ADA
compliant restrooms,new L,Kreed Howell
interior configuration,new Senior Construction Manager, c�
Cityof Key Glynn Archer Mechanical System,stem City of Key West,Engineering
y Gymnasium y new 1 916 834,37 2018
West Renovations Plumbing,new Electrical, $ ' 305-809-3963 U
new Doors and Windows to lhowell cr ofke st-fl.a2Y
match original,new single m� —�
ply roof and insulation,and
extensive Spalling Repairs.
This is a FGBC project
O
District School Complete Electrical for a Marshall Quarles
Marathon High School PM,Ajax Building Corp.
Board of Athletic Complex new 530,400 SF athletic $1,799,224,00 2019 O
Monroe County complex. �t uar'les aittu�tdin ,caoa 2
0
Complete construction of a
new Dockmaster building to
with transient restrooms, Karen Olson,Deputy Director
Transient laundry facility and Port&Marine Services
City of Key maintenance shop.This is
Restrooms/Dockmaster $1,917,953,00 2018 w
West g a one-story,3,600 SF, 305-809-3792
Building concrete and steel k fs�an&gjt ofk,,egtawest fly
structure,built to Florida
Green Building Coalition
Certification standards.
U
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da �
The S.T.E.P.Program was
a rapid repair program that i
allowed those homeowners Ile
SLS affected by Hurricane Irma Hamilton Smith,P.E„
through Co,o, Sheltering and damage to shelter in their Project Manager,SLS c
Grant to Temporary Essential own homes.PFEC $275,680.94 2017
Power Program provided emergency hsmith@slsco.com
Monroe County electrical repair services 251-709-4482
throughout the FL Keys
immediately after the storm
through this program,
Packet Pg. 1367
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Owner& Description of Services Contract Stark
Location Job Name Provided Value year Contact
... ...................
............... . ._ ............
The construction includes
all work and material
required for the provision,
Monroe County Demolition of Old& installation and hook up for Dave Tegreene, Monroe
Board of Installation of New fully functional office County Project Manager
County Transfer Station buildings at three separate $1,111,033.95 2017
Commissioners Offices Monroe County Transfer 305-304-1351
Station locations:Card
Sound, Long Key,and
Cudjoe Key.
Design/Build new 10,000
Utility Gs
City of SF pre-engineered steel
Maintenance Facility $2,396,447 45 2016 Director of Public Works
Marathon Bldg building from ground up to 305-289-5008
finished product.
.........
Design/Build"S'style pre-
City of Key engineered building John Paul Castor,Utilities 2
West, FlemingPre-Engineered Steel Director,City of Key West
(Quonset Hut)including $179,074.68 2016
Key NAS Building&Foundation foundations, 305 809 8867 U
doors/windows, ustco itopcywn t-tom l X
Replace bathroom fixtures,
doors,dispensers,electric Janet Muccino
Mallory Square
hand dryers,janitor's sink, Project Manager
City of Key interior water and sewer City of Key West Engineering
Bathrooms $153,335,90 2016
West piping and valves,exterior 305-809-3867
Improvements doors,new attic vent fan, rd�aac ri�,nta cpk c�ket
cleaning&painting,and fl.gov
window screens.
0
Occupied building
Historical burial ground. Devon Steckly
1000 SF slab on grade, Sr.Project Manager
concrete masonry,roof, City of Key West
Sexton House high impact windows, Engineering �s
City of Key flooring,MEP,stucco
West City of Key West exterior,high end finishing, $425,57113 2015 305-809-3747 0
Cemetery hardwood flooring,crown
molding,chair rails, Architect:Michael Miller 517
outdoor decorated Duval St.,Key West, FL r
columns. Has an office, 305-294-7687 ::
family room,&tourist area.
a �
Roof repair including �
Repair of the demolition of existing roof IL
City of Key Administration Bldg. systems,roof membrane, John Paul Castro,Utilities
West, Fleming Roof at Richard A. walk pad, metal flashing $288,225.82 2015 Director,City of Key West
Key NAS Heyman Environmental installation,removal and 305-809-8867 c
Protection Facility re-install lightning j a tto iw gfkeywest-ft ggv 0
protections,ladders,
a.,
rz...
Packet Pg. 1368
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.................... ...........
own(m,& Job Name Description of Services Contract Start Contact
LocaUoin Provided Value Year
I
.............................................................
Construction of Drug
State of FL Monroe County Testing Room:demo, new Scott Cannard
Dept.off Services,Div of Regional Service wall framing,sound DMS, Bldg Construction,Div 0
Center-Floridar attenuation,gypsum, $33,72800 2015 of RE Dev,Real Estate Development Department of ceramic tile,paint, Division
Management Services, 10 rehab, HVAC,electrical, 850-488-1817
and Mgmt
Drug Testing Room &plumbing.
............
City of
w 15,000 SF City Hall Carlos A.Solis
MarathonMarathon City Building $4.782,223 91 2014 305-289-5008
............
..............
Demo flooring,ceiling tiles,
and walls.Site demo:
landscaping,loading dock
bumpers,controls, 0
sidewalk ramp.railings, I E
pavement,gravel,curbing 0
&stairs New ramp at Sgt Brandon M,Carey
loading dock. Overhead
doors,laminate cabinets, 813-828-2837 -6
Department of Renovate B723 for toilet partitions,new doors. U
$303,320,00 2014 X
the Air Force New Mission New VCT,wall base, 6th Contracting
carpet tiles,epoxy floor, Squadron/LGCM,2610 Pink
ceiling tiles,drywall.tile Flamingo Ave„MacDill AFB,
shower,painting,bathroom FL 33621-5000
accessories,microwave,
refrigerator, plumbing, 0
HVAC,electrical,
communications,electronic 0-
safety&security,and r—
earthwork. 0
............... ---—........ .........
Design/Build electrical for
0
JIATF Scif,Bldg.290, secured building, Includes Contracting Div-Affn J4
JIATF South, Room 12 3, Hurricane metallic piping $117230037 2014
Key West,FL Wilma Repairs penetrations. Lighting, , , , 305.293.5385
recessed LED light fixtures,
0
power,and UPS devices
0
D/B,Repair existing
overhead electrical X
distribution by relocating I
overhead lines to a below grade electrical distribution 0
system.Contaminated soil
Joseph Borello
excavated/managed.Department of Install street&parking lot 6th Contracting 0
the Air Force, Correct CNS Squadron/LGCM
MacDill Air Commercial Power lighting systems.Includes pair sidewalk repair, $1,466,568,88 2014
Force Base, Feed 813-828-7421
Tampa FL sod,&directional boring
Electrical includes
grounding,medium voltage
conductors,conduit,cable
fault indicators,switch I
gear,pad mounted re- 21 M
closers,capacitors banks,
and load analysis. 2
as
Packet Pg. 1369
Monom Cow4 IvLlratlwn I u,Co I!I eewr,i )ffice 111rn I lliin a,So(ichiia I Yho I qj�
.................................. ........................
Owner& Job Naime Description of Services Contract Start Contact
Location Provided Value Year
..............
...................... ...................................
Renovation to an existing 0
airport terminal to include
Federal Customs Facility.
SOW:selective demolition.
insulation,GBD,resilient
flooring, Division 10,
plumbing,security,toilet
compartments,
concrete/masonry, Ann Riger/Kevin Wilson
Monroe County Marathon Airport doors/frames/hardware, 500 Whitehead Street,Key
Board of Customs Facility, stucco,terrazzo furniture $1,418,904 09 2014 West,FL 33040
County Guardian Ad Litem HVAC,CCTV,terrazzo,furniture
Commissioners equipment,misc,metals, 305,292 4416
aluminum storefronts,
tiling,fluid applied floor,
window shades,electrical,
signage,access 0
control/duress,glazing, E
acoustical ceilings, 0
painting,fire suppression,
communications.&fire
alarm, -6
X
. ....................
Remove existing hollow
core roof deck&replace
with new structure Install Patrick Vicknair
3900 Commonwealth Blvd 0
State of roof&railings above and MS#520
Florida, Dept. Bahia Honda State fighting and power. Protect Tallahassee,FL 32399
of Park-Admin,Bldg. I existing furniture/counter $89,812,07 2014 1 0
pa ick,m,vicknair@
Environmental Concrete Deck Repair under roof demo.Rebar, p dep.state.fl.us
Protection new slab. CMU columns, 0
stucco columns,install 772-546-0900
aluminum railings,painting,
lights with battery pack,
0
.................................
Complete electrical for new
Aircraft Crash Rescue and 0
GC:John Drace P 0 Box
Fire Headquarters
including demo,interior 1797,Gulfport, MS 39502
qs
United States P678 Aircraft Crash and exterior lighting 2282440100 0
Navy, Boca Rescue&Fire systems,generator 2014 Engineer:NAVFAC
Chica NAS, Headquarters system underground $1,498,396,43 Southeast,IPT South Atlantic,
Key West , Bldg 135 P 0 Box 30,NAS
distribution,mass
Jacksonville,Jacksonville, FL
I notification communication
system,and fire detection 32212-0030 3 0 73 0
systems, U
0
ADA Compliance on 9 (L
occupied facilities,Work
Monroe County includes,doors,
Board of ADA Compliance bathrooms,counters,babyJerry Barnett 500 Whitehead
$300,40000 2013 Street,Key West,FL 33040
County Segment#4 changing stations,signage, phone:305,292.4416
Commissioners elevators,detention center,
drinking fountains,re-
design etc.
Packet Pg. 1370
Monroc Uoun[,,; s Mao ,alum a,c Co I I co.or s )ftice Bui I d im S[mchmfl S I ioniw
............ ......................... ................- .................
Owner& Job Name Description of Services Contract Start
Contact
Location Provided Value ea,
.................... ............. FY
D/B,Sensitive,high 0
security occupied area.
Install shredder exhaust
system. Erosion protection,
remove&dispose of David M Poppe
Department of slabs Design new slab
curbing and concrete 813 828.1187
Install CENTCOM david 2o A&Ls aL_
the Air Force, area to include equipment _p mil Ip
MacDill AFB, Shredder Exhaust access road,ramp&pad $380,037,28 2013 6th Contracting
Tampa,FL System New concrete curbing,sod Squadron/LGCM,2610 Pink
and landscaping. Install a Flamingo Ave.,MacDill AFB,
completely integrated and I I FL 33621-5000
operational vacuum I
exhaust and auger
compactor system, .2
Electrical. 4--
......................... ........ ......... 0
0
D/B 9th Floor Electronics
General Lab,demo,security, Sue Kaiser 561-820-8165
US Navy 9th Floor GSA REDC Acquisition
drywall,mechanical, 0
Services Renovations,Phase 11, electrical painting,HVAC $565,52900 2012 Division 4PQPA,701 L)
Administration Electronics Lab modifications, Clematis,#125,West Palm X
fire sprinkler,
telecommunications. Beach,FL 33401
.............. ........ J.
.. .................
0
Secured Bldgs, Occupied,
Interior build-out of office
space and renovations to 0-
the existing 7th floor,Work r_
includes demolition,walls, 0
ceiling,doors&hardware, 2
access,flooring,electrified Sue Kaiser 561-820-8165
General privacy windows, RF
USAF 7th Floor Shielding:,RF Window GSA REDC Acquisition
Services � $3,395,056,31 2012 Division 4PQPAI 701 0
Administration Upgrades Film,electrified window Clematis,#125,West Palm
shades,millwork,audio Beach,FL 33401
visual infrastructure,
security/intrusion detection 0
system and infrastructure,
mechanical,electrical
plumbing,and various, 0
security and agency
equipment,
.......... ..................... ............ ........
2
.......... 0
.2
Certifications for specialist
design&rubber surfacing, LL
Erosion&storm water 0
protection,remove/replace Susan Jackson
Department of 813-828-7455,
fencing,sidewalks,play (L
the Air Force Gs
Repair Child §MAM.a ksoll(@LISLaf.mil
MacDill AFB,' Development Center structures,storage sheds, $609,633M 2012 6th Contracting
Campus foundations,play surfaces, Squadron/LGCM,2610 Pink
Tampa,FL backflow preventer and
drainage structures, Hard I Flamingo Ave.,MacDill AFB,
FL 33621-5000
piping below grade,
irrigation systems,
stormwater drainage,
Packet Pg. 1371
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r.. ............
.................Owner...................... ---------------------__...........
& ,Job Name Description of Services Contract Start Contact
Location Provided Value y0air
............... ........................... .............. ...............
.............—
Exterior doors and
0
windows,Vestibule,
computer and reception
Key West International room including walls,
Monroe County Airport,Custor ceiling,fixtures.&floors, Jerry Barnett
Board of Security 500 Whitehead Street
Terminal Secu
County Duress buttons in counter $305,660,00 2012 Key West, FL 33040
Enhancements,Phase door.Mechanical,fire
Commissioners 305.292.4416
1 protection,electrical,voice
and data,security doors
with card readers,and
chilled water piping
Demo.Site construction
including clearing,
dewatering,drilled piers,
underground utilities,
irrigation system,
landscaping and grassing.
Concrete to include cast-in-
place, reinforced,and plant 0
pre-cast. Unit masonry, U
Monroe County Architect:William A Horn X
Board of Structural steel,steel deck,
(305)296-8302
County Conch Key Fire Station pipe&tube railings.Wood 955, , ,$178710 2011 wphorn&aol.com
#17,Conch Key, FL &plastics,thermal& >%
Commissioners 915 Eaton St
moisture protection,doors
Conch Key, FL &windows,non-load Key West, FL 33040
0
bearing steel framing,
portland cement plaster,
ceramic tile,painting, 0-
Division 10 Specialties, r_
lightning protection,fire 0
alarm,fire-suppression
piping,mechanical and
electrical,
0
D/B new 4500 SF pre-
engineered facility which 0
includes demo,site,pre-
engineered storage facility, Susan Jackson
Department of Construct Warehouse restrooms,mechanical $699,910.00 2011 0 113-828-7454, U
the Air Force #3 plumbing and electrical, §AAU.aqk§on@M&pf.nj
roadway,building pad, X
A/C,electrical,fire
protection,communications
systems, 0
............................
U_
New Federal Courtroom 0
and associated support
spaces Coordination with (L
General Golden Collum Federal the Owner was necessary Christopher Banks
Services
Building& to clear and secure the Courthouse/USDC I construction area so the $2,376,354.48 2009
Administration 404-331-4368
Renovations/Additions remaining portions of the
building were accessible&
in operation throughout the
construction process.
Packet Pg. 1372
MONROE COUNTY'S MARATHON TAX COLLECTOWS OFFICE BUILDING STRUCTLJRAL SHORING
References
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I PEDRO FALCON
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CONTRACTORS, INC.
31160 Avenue C,Big Pine Key,FL 33043-4516
(305)872-2200-Fax(305)872-2218
EC 13003416/CGC 1507617
www.pedrofalcon.com ca
Customer References 22
.
City of Key West
Engineering Services
3140 Flagler Avenue
Key West, FL 3304.
L. Kreed Howell 0
Sr. Construction Manager
Office:305-809-3963 0
Mobile: 850-890-9354
0
lhow.,ltlm city fikcyc ,t ll ory
Monroe County Public Works& Engineering
1100 Simonton St. 0
Room 2-216
Key West, FL 33040 0
Johnnie Yongue cm
Project Manager
Office:305-292-4429
Mobile: 305-504-4148
curml c lolnnrnie Mon rgeCou nt F'L Qv
0
0
0
City of Marathon 0
9805 Overseas Hwy
Marathon, FL 33050 0
Carlos A. Solis,P.E. 0
0
Director of Public Works&Engineering r
Office: 305-289-5008 -
Mobile: 305-481-0451
solisc a innaralln��n,llAIS
0
� 0
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Packet Pg. 1374
ALCON PEDRO F
CONTRACTORS, INC.
0
31160 Avenue C,Big Pine Key,FL 33043-4516 M
(305)872-2200-Fax(305)872-2219
EC 13003416 1 CGC 1507617
www.pedrofalcon.com
cm
22
Credit References
First Street Bank oft e Florida Keys 0
1201 Simonton Street E
Key West, FL 33040 0
Shana Casey
(305)872-4778 0
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B& L Beneway,Inc.
936 Crane Blvd.
Sugarloaf Key, FL 33043
Nick or Jennifer Zapone 0
(305)743-4394
0
M&J Enterprises International, Inc. 0
6922 Aloma Avenue 2
Winter Park, FL 32792
Jon or Calvin Roberts
0
(407)657-4967
Gary's Plumbing& Fire,Inc. 0
6409 2 nd Terrace, Suite I
Key West,FL 33040 0
Gary Centonz U
X
(305)296-6013
Atlass Hardware Corporation C, 0
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4800 SW 515'Street, Suite 104 U-
Davie, FL 33314 0-
Jason Atlass
(954)316-6160 (L
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