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Item D16 D.16 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting May 20, 2020 Agenda Item Number: D.16 Agenda Item Summary #6885 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523 n/a AGENDA ITEM WORDING: Approval of a contract with Pedro Falcon Contractors, Inc. in the amount of $344,760.00 for the remaining repairs at the Big Pine Community Park which was damaged during Hurricane Irma. ITEM BACKGROUND: Hurricane Irma caused substantial damages to the Big Pine Community Park and Community Center. While the park has been re-opened there are some remaining items that need to be repaired including replacement of the sod on the baseball field, multiple repairs to the Concession Building, replacement of irrigation system, replacement of one exercise station and repairs to the pavilion. These final repairs should complete and closeout all remaining damages at the Big Pine Community Park. PREVIOUS RELEVANT BOCC ACTION: 6/20/18 —BOCC gave approval to advertise all required solicitations for repairs to Hurricane Irma damaged facilities. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of Contract DOCUMENTATION: Contract_Pedro Falcon—BPphaseII_legal stamped Proposal & County Forms—PFC BID TAB-4.30.20 FINANCIAL IMPACT: Effective Date: 5/20/20 Expiration Date: 180 days after NTP issued Packet Pg. 1863 D.16! Total Dollar Value of Contract: $344,760.00 Total Cost to County: $17,238.00 Current Year Portion: $344,760.00 Budgeted: Hurricane Irma Source of Funds: 125-0459110-IRPG6573 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: n/a If yes, amount: Grant: Yes County Match: 5% (FEMA 90% cost share & State 5% cost share) Insurance Required: yes Additional Details: 125-0459110-530490-IRPG6573 05/20/20 125-0459110 - HURRICANE IRMA $344,760.00 REVIEWED BY: Cary Knight Completed 05/05/2020 12:38 PM Breanne Erickson Completed 05/05/2020 12:39 PM Joseph DiNovo Completed 05/05/2020 12:43 PM Kevin Wilson Completed 05/05/2020 12:47 PM Purchasing Completed 05/05/2020 1:02 PM Budget and Finance Completed 05/05/2020 1:20 PM Maria Slavik Completed 05/05/2020 1:38 PM Kathy Peters Completed 05/05/2020 7:22 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 1864 D.16.a Agreement Between Owner and Contractor CL le Where the basis of payment is a STIPULATED SUM CL AGREEMENT Made as of the 20t' day of May, 2020 CL BETWEEN the Owner: Monroe County Board of County Commissioners 2 500 Whitehead Street Key West, Florida 33040 0 And the Contractor: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 For the following Project: BIG PINE KEY COMMUNITY PARK PHASE II REPAIRS 0 Scope of the Work The Contractor is required to provide a complete job as contemplated by the documents, which are a part of this bid package. The Contractor shall furnish all labor, supervision, y materials, power,tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. Big Pine Community Park y Complete all items in Scope of Work with like-for-like, in-kind fit, finish and original function and obtain a Certificate of Occupancy, returning facility to its pre-disaster state. Work must CL meet all current building codes and standards. Contractor to test each repair included in i this bid and verify system is functional or inform County of all additional related items 0 needing repair or replacement. 0 Contractor to acquire all necessary permits. Contractor shall properly dispose of debris. CL Baseball Field: • Replace 8,100 SF of Bermuda 419 infield grass, 90 FT long x 90 FT wide 0 Concession Building: • Replace 384 SF of finished exterior building ceiling (0.5 IN green board), 48 FT long x 8 FT wide • Replace five (5) EA of exterior building light fixtures/cans (4 IN) Page 1 of 31 Packet Pg. 1865 D.16.a • Replace one (1) EA of metal door (concession area), 3 FT long x 7 FT high • Replace 128 SF of plywood wall (0.75 IN thick), 16 FT long x 8 FT high • Replace one (1) EA of aluminum gutter (6 IN), 58 LF long • Replace one (1) EA of aluminum downspout (4 IN), 30 LF long , • Replace two (2) EA of standard roll up doors in the maintenance garage within the concession building, 10 FT long x 9 FT high • Replace one (1) EA of metal door (maintenance area), 3 FT long x 7 FT high • Replace 28 SF of cement building post (stucco), 2 FT long x 14 FT high • Replace one (1) EA of women's restroom fluorescent light fixture (2 bulb 4 FT long) • Replace women's restroom toilet stall divider wall panels and doors. Doors: 2 FT x 5 FT (.075 thick); two (2) ADA Door: 32 IN x 5 FT; one (1) Panel: 20 FT x 5 FT • Replace one (1) EA of concrete fascia surrounding door frame (4 IN wide), 3 FT o high • Replace one (1) EA of RAINBIRD ESP-LX irrigation system (24 zones) 0. • Replace one (1) EA of standard 4 IN round spotlight over building sign • Replace one (1) EA of 2nd floor round light fixture • Replace one (1) EA of 2nd floor fluorescent light fixture (2 bulb), 4 FT long • Replace one (1) EA of 2nd floor hall exit sign 0 • Replace one (1) EA of 2nd floor office windowsill (3 FT x 7 windows), 21 LF long • Replace 768 SF of outside porch ceiling finished green board (2nd floor), 70 FT long x 8 FT wide • Replace three (3) EA of outside porch ceiling light cans (2nd floor) • Replace one (1) EA of porch railings (2nd floor), 32 LF long x 4 FT high • Replace 100 SF of holes in exterior Hardie Board walls, 10 FT long x 10 FT wide • Replace two (2) EA of mechanical room double doors, 36 IN long x 7 FT high • Replace fourteen (14) EA of 2nd floor porch posts, 9 FT high, wind-blown debris caused peeling and denting (6 IN x 6 IN) �? • Reset ten (10) EA of press box shatter resistant glass windows • Replace four (4) EA of Strut supports for flood proofing, square pipes and aluminum tubes in maintenance garage doors, 6 FT long Exercise Area #5: • Replace one (1) EA of pull up bar (6 FT long) (schedule 80) 1 IN pipe with three ®i posts (6 IN x 6 IN), 8 FT high y Pavilion: • Replace seventy-two (72) EA of metal brackets Mi C 0 0 ARTICLE 1 CLi The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and Page 2 of 31 Packet Pg. 1866 D.16.a supersedes prior negotiations, representations or agreements, either written or oral. An e enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A 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. 0 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred and Twenty (120) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The 2 liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day y $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day ®i 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. i Uncontrollable Circumstance. Any delay or failure of either Party to perform its 0 obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that o 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 0. 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, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or E availability of materials, components, or services, market conditions, or supplier actions or Page 3 of 31 Packet Pg. 1867 D.16.a contract disputes will not excuse performance by Contractor under this Section. Contractor 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 v resume full performance under this Agreement. The County will not pay additional cost as a resultCL of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. CL ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Forty-Four Thousand Seven Hundred Sixty and 00/100 Dollars ($344,760.00), subject to additions and deductions as provided CL 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: N/A 0 ARTICLE 5 Progress Payments c 0 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of CL 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. 0 U 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 y Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by ®� the Contractor in accordance with the Contract Documents. The Schedule of Values shall y 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 i Project Management, shall be used as a basis for reviewing the Contractor's Applications 0 for Payment. 0 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. i 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less Page 4 of 31 Packet Pg. 1868 D.16.a retainage of ten percent 10%. Pending final determination of cost to the Owner of changes e in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line CL 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 CL 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 o delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a _ location agreed upon in writing), less retainage; CL 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 0 r- 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or 0 nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 0 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. CL 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, 2 "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 ca Management. ARTICLE 6 Final Payment n Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except ®� for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in 0 section 01027, Application for Payment) are required for Final Payment: 0 (1) Application and Certificate for Payment (2) Continuation Sheet i (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) Page 5 of 31 Packet Pg. 1869 D.16.a format delivered on a common form (i.e. flash drive) of all the following, but e not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. CL C. Warranties, bond and guarantees. CL D. Keys and keying schedule. E. Spare parts and maintenance materials. o F. Electronic copies of approved submittals. CL G. Evidence of payment and final release of liens and consent of surety to final - release (includes final release from all utilities and utility companies). 0 r_ ARTICLE 7 0 Miscellaneous Provisions 0 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 2 and Monroe County Code. U 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this v, contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation ®� under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 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 0 or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals P 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, i and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: Page 6 of 31 Packet Pg. 1870 D.16.a a) Maintenance of Records. Contractor shall maintain all books, records, and documents e directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or their authorized representatives CL shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four CL (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest c calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. CL 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 c (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 CL detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to 2 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 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 reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County n 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 employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. CL The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or 0 Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by P 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 CLi to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 0 b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement Page 7 of 31 Packet Pg. 1871 D.16.a or interpretation of this Agreement, the County and Contractor agree that venue shall e lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. CL c) Severability. If any term, covenant, condition or provision of this Agreement (or the CL 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 o be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this _ Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken - provision with a valid provision that comes as close as possible to the intent of the stricken provision. 0 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 CL 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 ca legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary v, 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 CL purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 0 M h) Adjudication of Disputes or Disagreements. County and Contractor agree that all P 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 CLi not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the Page 8 of 31 Packet Pg. 1872 D.16.a other party, in all proceedings, hearings, processes, meetings, and other activities e 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/Equal Employment Opportunity. The parties agree that there will beCL no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, CL 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 o Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment _ of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as - amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment 0 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 ca nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or v, state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 129357 3 C.F.R. Part, 1964-1965 CL 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 2 Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 0 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender 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 not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and Page 9 of 31 Packet Pg. 1873 D.16.a selection for training, including apprenticeship. The contractor agrees to post in e 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 CL or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual CL orientation, gender identity, or national origin. 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 CL 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 2 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 employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of m September 24, 1965, and of the rules, regulations, and relevant orders of the ®� Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order Mi 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 Secretary of Labor for c purposes of investigation to ascertain compliance with such rules, regulations, and orders. i 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such Page 10 of 31 Packet Pg. 1874 D.16.a other sanctions may be imposed and remedies invoked as provided in Executive e 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 (7) 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 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, c 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. 0 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 0 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 contractual relationship; and disclosure or use of certain information. ca 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 n paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this ®� 9 p 9 9 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. 0 n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article P I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or i 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 c County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a Page 11 of 31 Packet Pg. 1875 D.16.a prevailing party, be entitled to reimbursement of all attorney's fees and costs e 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: (1) Keep and maintain public records that would be required by the County to perform the service. c (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. 0 (3) Ensure that public records that are exempt or confidential and exempt from 0 public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the ca Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining n public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. ®� p 9Y Y Y (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow 0 the records to be inspected or copied within a reasonable time. 0 If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance i 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 c to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Page 12 of 31 Packet Pg. 1876 D.16.a The Contractor shall not transfer custody, release, alter, destroy or otherwise e dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, ca MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH _ STREET, SUITE 408, KEY WEST, FL 33040. CL o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. CL p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any ®i participating entity from any obligation or responsibility imposed upon the entity by law y 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 i 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 o 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 2 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 ca 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. Page 13 of 31 Packet Pg. 1877 D.16.a s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of c counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto _ may execute this Agreement by signing any such counterpart. v) Hold Harmless, Indemnification, and Defense. 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 0 officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) ca 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 v, invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 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. i In the event that the completion of the project (to include the work of others) is delayed 0 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 P 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 i 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. Page 14 of 31 Packet Pg. 1878 D.16.a The extent of liability is in no way limited to, reduced, or lessened by the insurance e requirements 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 CL 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, CL recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained c in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. CL w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 0 M x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part CL with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of 2 the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), 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. v, 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS mi 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. §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 i whenever possible. 0 b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on c solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises CL 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 the Small Page 15 of 31 Packet Pg. 1879 D.16.a Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any orCL all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to c conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this 0. Project. - 0 aa) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County 0 Commissioners of Monroe County or the Florida Division of Emergency Management. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. CL bb) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, ca approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by v, United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein i until changed in writing in the manner provided in this paragraph. Notice shall be sent to , the following persons: For Contractor: Christian Brisson, President i Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 - 0 For Owner: Director of Project Management Assistant County Administrator, PW& E CLi 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 0 7.8 FEDERAL CONTRACT REQUIREMENTS Page 16 of 31 Packet Pg. 1880 D.16.a The Contractor and its subcontractors must follow the provisions, as applicable, as set e 16 forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to @ C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant ,Pro ram all rime construction contracts in excess of $2,000 awarded b 9 p Y non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to _ pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all mi suspected or reported violations to the Federal awarding agency. y (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i 0 (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by c appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The i prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 0 (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Page 17 of 31 Packet Pg. 1881 D.16.a 7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where 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 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 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 surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not _ apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or 0 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 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. 0 7.8.4 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33 �? U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671 q.)and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts i in excess of$150,000. v 7.8.5 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 exclusions in i 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 Comp., p. 235), "Debarment and Suspension." SAM Exclusions c 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 i Executive Order 12549. 7.8.6 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 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 Page 18 of 31 Packet Pg. 1882 D.16.a member of Congress in connection with obtaining any Federal contract, grant or any other e 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. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. CL CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section CL 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of 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 a, waste management services in a manner that maximizes energy and resource recovery; CL and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 0 Other Federal and FEMA Requirements (as applicable) 7.8.8 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 0) CL pursuant thereto. 7.8.9 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal c Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, v, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be mi necessary, as required by DHS regulations and other applicable laws or program , guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. i 0 7.8.10 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency c officials without specific FEMA approval. i 7.8.11 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. Page 19 of 31 Packet Pg. 1883 D.16.a 7.8.12 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 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 CL the employment eligibility of all new employees hired by the subcontractor during the Contract term. CL 7.8.13 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of the Federally- Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe _ County web page: htt ://www.mcnrceccunt ®fl. ov/Edam rants reement ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the CL County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 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. �? 8.4 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 v, herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) mi hours' written 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 CL the sum due the Contractor under this Agreement prior to termination, unless the cost of i 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 o 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 CLi 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. 0 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days'written 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 Page 20 of 31 Packet Pg. 1884 D.16.a the County exceeds the funds remaining in the contract. The maximum amount due to e Contractor shall not exceed the spending cap in this Agreement. 8.6 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 v placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 8.7 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 c Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 0 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. y 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. i 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals (RFP). CL 9.1.4 The Addenda, if any, are as follows: 0 Number Date No. of Pages 1 4/2/20 2 P 2 4/16/20 3 (plus construction drawings) 0) CL This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Page 21 of 31 Packet Pg. 1885 D.16.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 y Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman MCM14F C3E G'=C3U NT'Y J6FTC3FYR4E'a"'S.C3i'r rr kCE Date A.F'F'R`CWEF�^!E -FC3 FC3"MY (SEAL) := P sesrar coueu�r.tosxextr mA F: 5-05-20 CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON Contractor must provide two witnesses CONTRACTORS, INC. _ signatures Signature: 0 Signature: Print Name: 0 Print Name: Title: Date: Date: and Signature: c Print Name: Date: y STATE OF COUNTY OF mi On this day of 120 before me, the undersigned notary public, by means of ❑ physical presence or ❑ online, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for BIG PINE COMMUNITY PARK PHASE II REPAIRS for 0 the purposes therein contained. 0 Notary Public Print Name My commission expires: (Seal) 0 Page 22 of 31 Packet Pg. 1886 D.16.a GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching - Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals 0 Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information- (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids o Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning n Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions mi Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents i Section 01730 Operation and Maintenance Data 0 Section 01740 Warranties 0 i 0 Page 23 of 31 Packet Pg. 1887 D.16.a EXHIBIT "A" DAVIS BACON WAGE DETERMINATION 0 CL c 0 0 CL CL m 0 CL Page 24 of 31 Packet Pg. 1888 D.16.a "General Decision Number : FL20200022 01/03/2020 Superseded General Decision Number : FL20190022 State : Florida Construction Type : Building County: Monroe County in Florida . o BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . _ 0 r_ Note : Under Executive Order (EO) 13658, an hourly minimum 0 wage of $10 . 80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1 , 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least 2 $10 . 80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020 . If this contract is covered by the EO and a classification considered necessary for performance of work on the v contract does not appear on this wage determination, the contractor must pay workers in that classification at least mi the wage rate determined through the conformance process set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please i note that this EO applies to the above-mentioned types of 0 contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not o apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60 ) . Additional information on contractor requirements and worker protections under the EO is available at o www. dol . gov/whd/govcontracts . Page 25 of 31 Packet Pg. 1889 D.16.a Modification Number Publication Date 0 01/03/2020 * ELEC0349-003 09/02/2019 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77 ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic o Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 0. ----------------------------------------------------------- IRON0272-004 10/01/2019 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99 ----------------------------------------------------------- PAIN0365-004 08/01/2019 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28 i ----------------------------------------------------------- 0 SFFL0821-001 01/01/2019 0 Rates Fringes i SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 28 . 38 19 . 44 0 ----------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes Page 26 of 31 Packet Pg. 1890 D.16.a SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ----------------------------------------------------------- a, SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 0 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 r- 0 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 0 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, ®� Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 i SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 2 M 0 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 i ----------------------------------------------------------- 0 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- Page 27 of 31 Packet Pg. 1891 D.16.a Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is y awarded (and any solicitation was issued) on or after January 1 , 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the _ employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking . Additional information on contractor requirements and worker o protections under the EO is available at www. dol . gov/whd/govcontracts . CL Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) . ----------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the i area covered by the wage determination . The classifications are listed in alphabetical order of ""identifiers" " that LL indicate whether the particular rate is a union rate o (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted i union average rate) . 0 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other Page 28 of 31 Packet Pg. 1892 D.16.a than ""SU"" or " "UAVG" " denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union y which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . CL Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . LL Survey Rate Identifiers o Classifications listed under the " "SU" " identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these ®� classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . 5/13/2014 indicates the survey i completion date for the classifications and rates under that identifier . 2 M 0 Survey wage rates are not updated and remain in effect until a new survey is conducted. i Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the Page 29 of 31 Packet Pg. 1893 D.16.a classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in y producing the wage determination . 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 0 ----------------------------------------------------------- 0 WAGE DETERMINATION APPEALS PROCESS o 1 . ) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including ®� requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have i responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be o followed. i With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division Page 30 of 31 Packet Pg. 1894 D.16.a U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : Wage and Hour Administrator U . S . Department of Labor _ 200 Constitution Avenue, N.W. Washington, DC 20210 0 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice o material, etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ®� 4 . ) All decisions by the Administrative Review Board are final . i r- 0 0 END OF GENERAL DECISION 0 Page 31 of 31 Packet Pg. 1895 D.16.b PEDRO FALCON Al CONTRACTORS, INC. 31160 Avenue C, Big Pine Key, FL 33043-4516 � (305)872 2200-Fax(305)072-2219 _ EC 13 03416/CGC 1507617 www,ped rofal con.c,om ch CL CL Response to E REQUEST FOR PROPOSAL Foy CL 0 c 0 0 PHASE 11 REPAIRS BIG PINE KEY COMMUNITY PARK i AP IL, 30, 2020 cn E 0 06 N M o P o � v o � 4 w 0 Packet Pg. 1896 D.16.b SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 24-25 2. Bid Bond (Proposal Security) 27 3. Non-Collusion Affidavit 28 4. Lobbying and Conflict of Interest Clause 29 5. Drug-Free Workplace Form 30 0 6. Public Entity Crime Statement 31 7. Vendor Certification Regarding Scrutinized Companies Lists 32 8. Subcontractor Listing Form 33 9. Insurance Requirements and Checklist 34-35 10. Workers Compensation and Employers' Liability 36 11. General Liability 37 0 12. Vehicle Liability 38 13. Proposer's Insurance and Indemnification Statement 39-40 14. Insurance Agent's Statement 41 15. Minority Owned Business Declaration 42 16. Certification Regarding Debarment, Suspension, Ineligibility, 43 And Voluntary Exclusion 17. Contractor License: E i A Current Copy to be submitted with Proposal. 0 Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. U 06 INFORMATION REQUIRED TO BE PROVIDED 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: 0 0 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 303 Packet Pg. 1897 D.16.b owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Christian Brisson. B. A list of the officers and directors of the entity. Christian Brisson 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 y list of similar projects). Thirty Four years. CL D. The number of years the person or entity has operated under its present name and any prior names. Thirty Four years. CL E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the o U goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) - YES NO X� 0 0 b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its o officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, CL 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 (5) 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❑ yi E 0 c. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with 06 private or public entities? This specifically includes any present or prior y entities in which the person, principal, entity, officer, director or general 0. partner of the proposing entity has been involved as a person, principal, P CL entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, 0) 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 303 Packet Pg. 1898 D.16.b 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 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. y (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 CL judgment or claim or locate the suit by location and case number.) CL YES NO e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor CL- of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) 0 M YES NO 0 P CL f. Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. 2 See Customer and Credit References (attached). g. Financial statements for the prior three (3) years. Please provide in a ca separate sealed envelope for the Contractor's confidentiality, and clearly label the envelope "CONFIDENTIAL" one (1) original copy. ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a E road or any other public works project is exempt from F.S. 119.07(1) and - s.24(a), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." 06 See separate password protected digital file. W 0. 0 PROPOSAL FORM 00120- Page 23 of 303 Packet Pg. 1899 D.16.b SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 CL PROPOSAL FROM: Pedro Falcon Contractors, Inc. a- 31160 Avenue C Big Pine Key, FL 33043 E The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: BIG PINE KEY COMMUNITY PARK - 0 PHASE II REPAIRS 0 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 o himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer yi shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference o to documentary information provided and made available, and from inspection and examination of the site. 0 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. 06 Three Hundred Forty-four Thousand Seven Hundred Sixty & Zero cents 0. Dollars. CL (Total Base Proposal- words) 344 , 760 . 00 Dollars. (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 24 of 303 Packet Pg. 1900 D.16.b I acknowledge Alternates as follows: N/A Unit prices, if any, are as follows: N/A I acknowledge receipt of Addenda No.(s) No. Dated 04-02-2020CL No. 2 Dated 04-16-2020 CL No. 2 Dated 04-16-2020 - Construction Documents No. Dated 0 CL C 0 M 0 CL CL E 0 0 U 06 0. 0 CL PROPOSAL FORM 00120- Page 25 of 303 Packet Pg. 1901 D.16.b 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 4. Lobbying and Conflict of Interest Clause XCL 5. Drug-Free Workplace Form Xle CL 6. Public Entity Crime Statement X 7. Vender Certification Regarding Scrutinized Companies Lists X 8. Subcontractor List Form X 0 9. Proposer's Insurance and Indemnification Statement X 10. Insurance Agents Statement (signed by agent) X E 11. Answered Required Questions X 12. Provided three (3) Customer References and three (3) Credit References X 13. Provided three (3)years of Financial Statements in separate envelope X 14. Certified copy of Valid Florida Contractor's License X c 15. Current Monroe County Occupational License X CL 16. Minority Owned Business Declaration X 17. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion X Business Name: Pedro Falcon Electrical Contractors, Inc. DBA: Pedro Falcon Contractors, Inc. Business EIN# 59-2550231 Business Mailing CL Address: 31160 Avenue C Address: Same (n City, 0 State, Zip BiZ Pine Key, FL 33043 City,State,Zip Same Phone: 305-872-2200 Local Phone: Same The physical business address must be registered as its pFirr aT-place of business with the Florida 06 Department of State for at least one (1)year prior e n ce of Obid or proposal. y 0 Date: 04-30-2020 Signed: 0 CL Printed: Christian Brisson Title: as President Witness: PROPOSAL FORM 00120-Page 26 of 303 Packet Pg. 1902 BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Pedro Falcon Electrical Contractors, Inc., 31160 Avenue C, Big Pine Key, FL 33043 (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183 (Here insert full name and address or legal title of Surety) y 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 Board of County Commissioners, 500 Whitehead Street, Key West, FL 33040 CL (Here insert full name and address or legal title of Owner) Five Percent of as Obligee, hereinafter called the Obligee, in the sum of Amount Bid Dollars (s 5% of Bi for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. CL WHEREAS, the Principal has submitted a bid for Repairs to Big Pine Key Community Park (Here insert full name, address and description of project) 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 0 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 CL Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not 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 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(2), Florida Statutes. CL ca i Pedro Falcon Electrical Contractors, Inc' ,;' i ! (Principal') _ (Seal) (Witness);, (Title) 06 Travelers Casualty and Surety mpany of Arrieripa, 6 (Surety) (Sea.l) )Z] y .. CL (Witness) (Tit t seph is orney In fact PROPOSAL FORM 00120- Page 27 of 303 Packet Pg. 1903 D.16.b Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ 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 "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, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the 0. fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any W actions or proceedings allowed by law. IX 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. rn 09 suaser 7 x 0W. L wCONX s am RtB To, State of Connecticut By: . City of Hartford ss. Robert L.Raney Senior Vine President O U 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and — 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 CL by himself as a duly authorized officer. — In Witness Whereof, I hereunto set my hand and official seal. a 1 My Commission expires the 30th day of June,2021 #s ,t Mare C.Tetreault,Notary Public 0 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 O Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: CL RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and 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 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 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 O FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice CJ 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 CL undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior rn Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant E 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 O one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is 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 U of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only 06 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 SLICll facsimile ru 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. O r. I, 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 Attorney executed by said Companies,which remains in full force and effect. Dated this 30th day of April 2020 E fr; w c� kCOWs:. Kevin E. Hughes,Assi Cant Secrr-lary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-mined Attorney fn-Fact and the details of the bond to which the power is attached. Packet Pg. 1904 D.16.b SECTION 00120 NON-COLLUSION AFFIDAVIT c� I, Christian Brisson of the city _Big Pine K according to law on my oath, and under penalty of perjury, depose and say that: 1. I am as President a, of the firm of Pedro Falcon Contractors, Inc. CL the proposer making the Proposal for the project described in the notice for calling for proposals for: CL Big Pine Key Community Park Phase II Repairs 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 to any matter relating to such prices with any other proposer or with any competitor; and CL 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 by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and U M 4. No attempt has been made or will be made by the proposer to induce any other person, 0 partnership or corporation to submit, or not to submit, a proposal for the purpose of 0) restricting competition; and CL 5. The statements contained in this affidavit are true and correct, and made with full knowledge- ✓fsaid pr ject 04-30-2020 0 Signature of Proposer) (Date) CL STATE OF: Florida (� E COUNTY OF: Monroe o Subscribed and sworn to (or affirmed) before me, by means of W physical presence or ❑ online notarization, on April 30, 2020 (date) 06 by Christian Brisson (name of affiant). He/She is personally y or has produced (type known to me (yp of identification) as o0. identification. CL Ksl 6w A SRO p_�hsµn� :A0 22,� NOTARY PUBLIC OF sky DUIIM o l (SEAL � My commission expires: < PROPOSAL FORM 00120-Page 28 of 303 Packet Pg. 1905 D.16.b LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CL Pedro Falcon Contractors, Inc. (Company) CL .E warrants that he/it has not employed, retained or otherwise had act on his/its behalf any c 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, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 0 (Signature) Date: 04-30-2020 0 STATE OF: Florida COUNTY OF: Monroe CLi Subscribed and sworn to (or affirmed) before me, by means of X physical presence or❑ online notarization, on April 30, 2020 (date) by Christian Brisson (name of affiant). He/She is personally 0 known to me or has produced (type of identificati06 on as identification. y r c 9 NOTARY PU'13LIC CLL Kathleen A Sri& ( ; AI Cammis:ian#f 209711i My commission expires:_ t E rZ Eap u:April 22,2022 ft"thru Aaron Notary PROPOSAL FORM 00120-Page 29 of 303 Packet Pg. 1906 D.16.b DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: c� AW-ro Fa1con Contract c (Name of Business) CL 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace CL 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 c policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, U and employee assistance programs, and the penalties that may be imposed upon _ employees for drug abuse violations. CL 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). r_ 4. In the statement specified in subsection (1), notifies the employees that, as a condition 0 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 P conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 0) (Florida Statutes) or of any controlled substance law of the United States or any state, CL 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. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. CLi As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 0 U Proposer's Signature 06 04-30-2020 0. Date c CL PROPOSAL FORM 00120-Page 30 of 303 Packet Pg. 1907 D.16.b PUBLIC ENTITY CRIME STATEMENT c� "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 CL 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. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. CL ignature) 0 Date: _04-30-202.0 0 CL STATE OF: Florida COUNTY OF: Monroe c U Subscribed and sworn to (or affirmed) before me, by means of N physical presence or ❑ online CL notarization, on April 30, 2020 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. � r 06 I .. NOTARY PUBLIC Qs � 1 ' A . (� # 11 My commission expires: �" P S . 22 s: , r{frtipi�[at" � U PROPOSAL FORM 00120-Page 31 of 303 Packet Pg. 1908 D.16.b VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Big Pine Key Community Park Phase II Repairs Respondent Vendor Name: Pedro Falcon Contractors, Inc. Vendor FEIN: 59-2550231 Vendor's Authorized Representative Name and Title: Christian.Brisson, as President Address: 31160 Avenue C CL City: Big Pine Key State: FL Zip: 33043CL __ Phone Number 305-872-2200 Email Address: cbna,pedrofalcon.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or c 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 CL 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 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 c 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 CL 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. 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 c, engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the CL Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. E 0 Certified By: Christian Brissgn _ who is authorized to sign on behalf of the above ref or e company. U 06 Authorized Signature: ` v, Print Name: Christian Brisson 0. 0 Title: as President CL Note: The List are available at the following Department of Management Services Site: http,'/drat,Nw.drns.mvflorida.cot-;/business operations state urchasin /vendor information/convicted spas ended _discriminatory complaints vendor lists PROPOSAL FORM 00120-Page 32 of 303 Packet Pg. 1909 D.16.b SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address 02 Blue Native Valdo Gutierrez 305-872-4050 155 Toppino Industrial Key West, Florida 33040 06 Victor Door Juan Henrandez 305-262-8089 9422 NW 109 St . y Medley, Florida 33178CL CL 0 CL C 0 m LL CL CL LL i E 0 LL U 06 0. 0 CL PROPOSAL FORM 00120- Page 33 of 303 Packet Pg. 1910 D.16.b 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 o consistent with the attached schedules. ca 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 0 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. o 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 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. yi E The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, o either: • Certificate of Insurance or o 06 • A Certified copy of the actual insurance policy. y 0 0. The County, at its sole option, has the right to request a certified complete copy of any or all o insurance policies with all endorsements, amendments, exclusions and notice of changes to the 0. policy as 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 303 Packet Pg. 1911 D.16.b 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 County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. y 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. CL 0 CL C 0 M 0 CL CL E 0 0 U 06 76 0 0. 0 CL INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 303 Packet Pg. 1912 D.16.b WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR BIG PINE KEY COMMUNITY PARK PHASE II REPAIRS BETWEEN MONROE COUNTY, FLORIDA y 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 o statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. o Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized 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 upon request from the County. 0 0 U 06 0. 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 303 Packet Pg. 1913 D.16.b GENERAL LIABILITY INSURANCE REQUIREMENTS FOR BIG PINE KEY COMMUNITY PARK PHASE II REPAIRS 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: o • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability C 0 The minimum limits acceptable shall be: 0 $500,000 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 yi all policies issued to satisfy the above requirements. 0 0 U 06 0. 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 303 Packet Pg. 1914 D.16.b BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR BIG PINE KEY COMMUNITY PARK PHASE II REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Pedro Falcon Contractors, Inc. CL CL 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, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: 0 $300,000 Combined Single Limit (CSL) 0 If split limits are provided, the minimum limits acceptable shall be: 0 $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. i E 0 0 U 06 0. 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 303 Packet Pg. 1915 D.16.b PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS 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, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability o Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) - If split limits are preferred: r_ $200,000 per Person 0 $300,000 per Occurrence $200,000 Property Damage P Builder's Risk: Not Required 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, Indemnification, and Defense. Notwithstanding any minimum insurance 0. requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and yi hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless E from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative o 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 06 employees, agents, contractors or other invitees during the term of this Agreement, (B) the y 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) o 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 Fla. Stat. Sec. 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 303 Packet Pg. 1916 D.16.b this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or , ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all CL losses occurring thereby and shall further defend any claim or action on the County's behalf. CL 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 c contained elsewhere within this AGREEMENT. ca FDEM Indemnification CLTo 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 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. - 0 This indemnification shall survive the termination of this Contract. Nothing contained in this L paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. PROPOSER'S STATEMENT U 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 CL to defend as set out in this proposal. (nI Christian Brisson 0 PROPOSER Signature 06 0. 0 CL INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 303 Packet Pg. 1917 Big Pine Sheriff's House R D.16.b INSURANCE AGENT'S STATEMENT c� I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES y CL General Liability $0 CL Automobile Liability $0 0 Umbrella Liability $0 Employers Liability $0 CL ca Liability policies are X Occurrence Claims Made 0 0 U Bowen, Miclette & Britt of Florida, LLC r Insurance Agency Sig na ire CL 0 CL i E 0 0 U 06 76 0 0. 0 CL INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 303 Packet Pg. 1918 D.16.b r, Nlinori!y Owned Business Declaration _ W Pedro Falcon Contractors, Inc. a sub-contractor engaged by Monroe County during the completionCh of work associated with the below indicated project CL (Check one) CL 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. Uc W 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 CL 51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or 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 0 primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is M 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 term"related immediate family group"means one or more children under 16 years of age and a CL 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 0 sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. �? Contractor mats refer to F.S.288.703 for more; information U CL Conti-, Sub-Recipient. Monroe County W� 0 a gna Signature Print Name: Christian Brisson Printed Name: Uc — ._.._ Title: as President Title/OMB Department: 06 _ Verified via: http //'osd dnis.myflorida.cam/directories 0. 0 Address: 31160 Avenue C DEM Contract: Z0002 CL City/State/Zip Big Pine Kev°.FL 33043 Date: 04-30-2020 FEMA ProiectNumber- INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 303 Packet Pg. 1919 D.16.b Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, ""''°'F<ACCW' tn[rzt""°,-Inc- 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 this transaction by any CL Federal department or agency. CL (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- =Qa ra rs Inc. CL Sig ature Recipient's Name C Christian Brisson, as President U Name and Title Division Contract Number 0 31160 Avenue C Street Address FEMA Project Number w CL Big Pine Key, FL 33043 City, State,Zip �. 04-30-2020 Date CJ CL CJ I N E 0 0 U End of Section 00130 06 0 0. 0 CL INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 303 Packet Pg. 1920 Wd A4!unwwoo Ould ' JOI a' OJPGd Wm PB4uO ) swJO !}un ' s Oa :4u8ua 3 }} N M p r� a � �7 a a 70Z O E < u � U LU w u O � 0 2 V) cn W ~ : Q Q� to Q w DC 0 w w U °J N a Q m p o z Z 0 0 �,, } C n O N cn 0 U O V� M u O 0 L,L ', H �` O Y, J ' r Z " 6411 La LLI be v� LU LL p , LLIT O CC v� _ H LU © Q a� O Z w 0 m a -PrK w W u w H V o O cn N T W H Rl � 0 Rl Ea I• ti i'N ❑� L❑� Wd A4!unwwoo Ould ' JOI oa' OJPGd Wm PB4uO ) swJO A4uno ' so Oa :4u8ua 3 }} N M a a cc a 70Z O4-1 E w U w O U = Q L= "O r N I..f�`n W w to LU_ 0 U 4-1 LU z Z Q ice O o zQ Z„ �, ' �; C u V) z „ ,'0- = N O u o Q W [ c`i u 0 L L �' �' �-' �+ � �,- AA I ILL 10, zlt L� Q0 +� t w o v) O "o O 00 Yll J aLL °' O 0 V o H v > a -PrK Q �; Z V w � >LU W W w 0- 0 J W w H 2 0 DC >- O cn N T W H Rl � 0 ��ili 41 �` W� —:2 Up JIM D.16.b r., z Le,psrtrnent of State / Division of Corpcarstions / Search Records / Detafl B Document Number / Detail by Entity Name CL Florida Profit Corporation CL PEDRO FALCON ELECTRICAL CONTRACTORS INC. Filing Information Document Number H58348 FEI/EIN Number 59-2550231 0 CJ Date Filed 05/21/1985CL _ State FL Status ACTIVE 0 Principal Address 31160 AVE C U BIG PINE KEY, FL 33043 0 Changed: 01/16/2004CL Mailing Address 31160 AVE C U BIG PINE KEY, FL 33043 0 Changed: 03/18/1997 Registered Agent Name&Address CL BRISSON, CHRISTIAN N cn� 31160 AVENUE C 0 BIG PINE KEY, FL 33043 Name Changed: 01/16/2018 06 Address Changed: 02/19/1999 Officer/Director Detail 00. 0 Name&Address CL Title PDS m BRISSON, CHRISTIAN N 31160 AVE C BIG PINE KEY, FL 33043 Annual Reports Report Year Filed Date Packet Pg. 1923 c 2017 01/24/2017 2018 01/16/2018 2019 01/10/2019 Document Images 01/10/2019 ANNUAL REPORT View image in PDF format 0 1/16/2018 ANNUAL REPORT View image in PDF format 01/24/2017 ANNUAL REPORT View image in PDF format CL 01/29/2016 ANNUAL REPORT View image in PDF format 0 1/20/2015 ANNUAL REPORT View image in PDF format 01/27/2014 ANNUAL REPORT View image in PDF format CL 01/10/2013 ANNUAL REPORT View image in PDF format CL 0 1/10/2012 ANNUAL REPORT View image in PDF format 0 1/17/2011 --ANNUAL REPO R7 View image in PDF format 07/07/2010 ANNUAL REPORT View image in PDF format E E 02/01/2010 ANNUAL REPORT View image in PDF format 0 01/26/2009 ANNUAL REPORT View image in PDF format 01/04/2008 ANNUAL REPORT View image in PDF format 01/11/2007 ANNUAL REPO R7 View image in PDF format 01/30/2006 ANNUAL REPORT View image in PDF format 0 03/28/2005 ANNUAL REPORT View image in PDF format 0 .2 01/16/2004 ANNUAL REPORT View image in PDF format M U- 02/27/2003 ANNUAL REPORT View image in PDF format 0 03/06/2002 ANNUAL REPORT View image in PDF format CL0) 0 1/26/2001 --ANNUAL REPORT View image in PDF format 02/20/2000 ANNUAL REPORT View image in PDF format 02/19/1999 ANNUAL REPORT View image in PDF format 03/03/1998 ANNUAL REPORT View image in PDF format 0 03/18/1997 ANNUAL REPORT View image in PDF format 04/30/1996 ANNUAL REPORT View image in PDF format U- CL 03/20/1995 ANNUAL REPORT View image in PDF format cn I E 0 U- 0 u 06 'ru 0 0. 0 CL E Packet Pg. 1924 D.16.b DIVISION OF CORPORATIONS rgr Previous on Lit Next on List Return to Lit Fictitious Name Search CL Filing Hi ttery Submit Fictitious Name Detail Fictitious Name c PEDRO FALCON CONTRACTORS, INC. Filing Information CL— Registration Number G14000005390 — Status ACTIVE Filed Date 01/15/2014 Expiration Date 12/31/2024 0 Current Owners 1 County MONROE Total Pages 2 Events Filed 1 CL FEI/EIN Number 59-2550231 Mailing Address 31160 AVENUE C BIG PINE KEY, FL 33043 CJ Owner Information PEDRO FALCON ELECTRICAL CONTRACTORS, INC. CL 31160 AVENUE C BIG PINE KEY, FL 33043 FEI/EIN Number: 59-2550231 Document Number: H58348 u- Document Images View image in PDF format 01/15/2.014-- Fictitious, Name Filing . View image in PDF format y 01/10/2019-- Fictitious, Name Rene�/al Filing .. .. 0. 0 Previous on Lit Next on List Return to Lit Fictitious Name Search CL •• Filing I#istcr Submit. W. Packet Pg. 1925 (sjiedoU II OsBqd Mai A4!unwwoo Ould 6113JOI 031 OJPGd Wm 43W O ) ' 't, :4u8wg3B44 w U N tD � a d_ aC U N tC S a } 4- co M N } F�1 O IL LU W Z O W cn a QLU LULU = Q a 0 ° L IL GWz0 co 0 } �, Z p O N a 0Ln o W z J M N � = J z 0 Q •cn � 2Qa CO U H Q O U o 0 L p o- N ~ u — 4- z a v; S } o W 0 COV o > O z co u V O U H } } to 0 W o OU s co F- L 0 L U- U } U Q V1 S O ttn a CL o s L L m N � O Q O m H i m