Item C20 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Public Works/Engineenng
Bulk Item: Yes X No — Department: Project Martagement
Staff Contact Person/Phone #: Kevin Wilson X8797
AGENDA ITEM WORDING: Approval of a First Amendment to Agreement with Pedro Falcon
Electrical Contractors, Inc. for the construction of the Marathon Airport Customs and Border
Protection Facility. This project is funded by the FDOT and Airport funds.
ITEM BACKGROUND: The costs of permitting fees were not available during the bidding process
for the construction of the Customs Facility, and therefore were not included in the construction
Agreement. County staff desires to pay for the permitting fees directly to save the costs of the
contractor's overhead and profit.
PREVIOUS RELEVANT BOCC ACTION: On July 16, 2014, the BOCC approved to award bid and
enter into a contract with Pedro Falcon Electrical Contractors, Inc. for the construction of the Customs
and Border Protection Terminal at the Marathon Airport.
CONTRACT/AGREEMENT CHANGES: County to pay permitting fees directly in lieu of the
contractor paying for the permitting fees and charging overhead and profit.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $40,794.34 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:$40,794.34 SOURCE OF FUNDS: Fund 403
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH— Year
APPROVED BY: County Atty/ OMB/Purcft�sing ✓V/ Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
PA.
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pedro Falcon Electrical Contract#—
Effective Date: 12/10/14
Expiration Date: ..................
Contract Purpose/Description:
First Amendment to Agreement for the Marathon Airport Customs and Border
Protection Facility. County to pay permitting fees directly.
Pedro Falcon Electrical Contractors Dollar Value - $1,091,403.00
..................
Permitting Fees - $40,794.34 ........ ...................
Contract Manager: Ann Riger X4439 ...Project mgmt/Stop#1
(Name) (Ext.) (Department/Stop 9)
for BOCC meeting on 12/10/14 Agenda Deadline: 11/21/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 40,794.34 Current Year Portion: $ 40,794.34
............Budgeted?YesZ No Account Codes: 403-63588-GAMD73-530490- —
Grant: $ 650,000
County Match: $ 650,000
ADDITIONAL COSTS
Estimated Ongoing Costs: $ For:
(Not included in dollar value above) (eg.maintenance,utilities, janitorial,salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed vtr
Division Director Yes D No
...................
"S'
Yesn
Risk Management Noa,
O.M.B,/Purkasing ql Yes[:] NoM
County Attorney I Yes[—] Nop
Comments:
OMB Form Revised 2/27/01 MCP#2
FIRST AMENDMENT TO
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR
MARATHON AIRPORT CUSTOMS FACILITY, GUARDIAN AD LITEM
MONROE COUNTY, FLORIDA
THIS FIRST AMENDMENT to the AGREEMENT BETWEEN OWNER AND
CONTRACTOR (hereinafter"AGREEMENT") is made and entered this 101h day of December,
2014, between MONROE COUNTY (the "Owner" or "County"), and PEDRO FALCON
ELECTRICAL CONTRACTORS, INC. (the "Contractor") in order to amend the Agreement
between the parties dated July 16, 2014 as follows:
WHEREAS, the parties entered into an Agreement on July 16, 2014 for the construction
of a customs and border control facility at the Marathon Airport; and
WHEREAS, Addendum #4 to the Request for Proposals dated May 9, 2014, which is
part of the contract documents, states that all permits and fees will be contracted as a
reimbursable expense to the contractor; and
WHEREAS, in order to eliminate overhead and profit charges on the initial permit,
County desires to, and shall pay, the cost of $40,794.34 for the initial permit directly to the
Building Department; and
WHEREAS,pursuant to the terms of the contract, contractor shall remain responsible for
obtaining and paying for any remaining permits necessary for the work, which fees shall be paid
to the contractor as a reimbursable expense;
NOW THEREFORE in consideration of the mutual promises contained herein, the
parties hereby agree to amend the AGREEMENT as follows:
1. County shall pay the cost of permit fees for the construction of the Customs and Border
Control Terminal at the Marathon Airport in the amount of$40,794.34.
2. All terms and conditions of the Agreement dated July 16, 2014 not inconsistent herewith
shall remain in full force and effect.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
I
ti
IN WITNESS WHEREOF, the parties hereto have set their hands and Seals on the day first
written above. Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
WITNESSED,
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By: By: .......
WITNESS: CONTRACTOR
Pedro Falcon Electrical Contractors Inc.
B -
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Witness
if t � lQ / _�W_..... /� 69 ...
Print Name of V&iiess Print Name
Title
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CONTR,kCT FOR CONSTRUCTION
Marathon Airporli Customs Facility, Marathon Florida
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Sixteenth day of July Two Thousand and Fourteen
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Pedro Falcon Electrical Contractors Inc.
31160 Ave C
Big Pine Key FL 33043
For the following Project: Marathon Airport Customs Facility, Guardian Ad Litem
Scope of the Work
Contractors Scope of Services consists of those described in Attachment A. The Contractor
shall commence work on the services provided for iin this Agreement promptly upon his receipt
of a written notice to proceed from the COUNTY.
Project Management Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida, 33040
The Architect is: K2M Design
1001 Whitehead Street
Key West, Florida 33040
The Owner and Contractor agree as set forth below.
Agreement Page 1 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
ARTICLE I
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract(General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner,
The Contractor shall achieve Substantial Completion of the entire Work not later than TWO
HUNDRED AND FORTY (240) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in the
milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999,00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500-00/Day
The Contractor's recover v of damages and sole remedy for an delay caused by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Agreement Page 2 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida,
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of:
One Million Ninety One Thousand Four Hundred and three dollars and Zero Cents
Dollars ($1,091,403.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner-,
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement.
Attach a schedule of such other alternates showing the amount for each and the date
until which that amount is valid.)
Alternate# 1:
Walk thru Metal Detector
Sixteen Thousand Thirty Three Dollars and Zero Cents
Dollars($16,033,00)
4.3 Unit prices, if any, are as follows:
There are no unit prices
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
53 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values
shall allocate the entire Contract Sum among the various portions of the Work and be
prepared in such form and supported by such data to substantiate its accuracy as the
Director of Project Management may require. This schedule, unless objected to by the
Director of Project Management, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
Agreement Page 3 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of Ten Percent 10%. Pending final determination of cost to the
owner of changes in the Work, amounts not in dispute may be included in Applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be the net
,cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to,the
change Request, as indicated in the corresponding line item in the Approved Schedule
of Values for that line item as confirmed by the Director of Project Management. When
both additions and credits covering related Work or substitutions are involved in a
change the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for'Payment as provided in Paragraph 9.5 of the General
Conditions.
5,7 Retainage of 10% will be withheld in accordance with section 218,735 (8(b), Florida
Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public
Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced
incrementally at the discretion of and upon the approval of the Director of Project
Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
Agreement Page 4 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
than 20 days after the issuance of the final approval for payment. The following documents
(samples in section 1027) are required for Final Payment:
1. Application and Certificate for Payment
2. Continuation Sheet
3. Certificate of Substantial Completion
4. Contractor's Affidavit of Debts and Claims
5. Contractor's Affidavit of Release of Liens
6. Keys and keying schedule
7. Spare parts and maintenance materials
8. Warranties bond and guarantees
9. Evidence of payment and final release of liens and consent of surety to final release
(includes final release from all utilities and utility companies
10, Contractor shall provide two (2) hard copies in tabulated divided binders and one (1)
indexed and tabulated electronic copy on CD of all the following but not limited to,
1. Project Record Documents (As Built Documents).
2. Operating and maintenance data, instructions to the Owner's personnel.
3. Warranties bond and guarantees.
4. Keying !schedule.
5. Maintenance materials
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
T2 Payment shall be made according to the Florida Local Government Prompt Payment Art
and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General Conditions
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
Agreement Page 5 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed by
the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue shall lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to trial by jury. The County and Contractor agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and court costs as an award against the non-
prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advise of counsel.
Agreement Page 6 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law. This
Agreement is not subject to arbitration.'
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating' to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. County or Contractor agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
Agreement Page 7 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
|) Coda 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 Shytubye, reQarding, but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public pma\tion, conflicting employment or contractual
relationship; and disclosure or use ofcertain information.
nm) No So||oitmUon/PayrMent. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or paroon, other than a bona
fide employee working solely for it, to soiicit or secure this Agreement and that it has not
paid or agreed to pay any person, cornpany, oorporat|on, ind(vidua|, or firm, other than a
bona fide employee working solely for it, any fee, commission, perman1oge. Q|ft, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the Cnumb/ ahm||
have the right hoterminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the fo|| amount of such fee. C0nlm|sGi0n'
perteOtaQe, ght, or consideration.
n> Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Contractor in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision byContractor. Contractor is required to:
(1) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(2) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter OraS otherwise provided by |ovv.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law'.
/4\ Meet all requirements for retaining public records and 1ranafer, at no umot, to the
� public agency all public records |n possession ofthe contractor upon termination ofthe
contract and destroy any duplicate public records that are exempt or confidential and
� exempt from public n*oonjs disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
� technology systems of the public agency.
o\ Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, FloridaStatutes, the participation of the Contractor and the County in this Agreement and the
� acquisition of any COnOnoercia| liability insurance nnverage, self-insurance coverage, or
� local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability covmnage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
Agreement Page 8 of 14
CONTRACT FOR CONSTRUCTION
KAmnothmn Airport Customs Facility,Marathon Florida
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, Onj|DancGs, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of Officers, ogento, or
employees of any public agents or employees of the <]ounty, when performing their
respective functions under this Agreement within the territorial U[nitS of the County shall
apply tVthe same degree and extent to the performance of such functions and duties of
such officera, agenba, vo|mn1emre, or employees outside the territorial limits of the
County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except b} the extent mfaOtua| andtime|yperfmrrnanoe thereof by any participating entity,
in which ooee the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement ianot intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except
to the extent permitted by the Florida constitution, state stotute, and case law.
r\ Non-Reliance by Non-Parties. No person or entity ahaN be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any
agent, officer' Or eOlm|VV8e of either shall have the authority to iMfQ[rn. CoUOsS(. Or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
a) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include Public Entity Crime 8tatennmrk. an Ethics Statement, and
a Drug-Free Workplace Statement.
t) No Personal L|ab||ltV. No covenant oragreennert contained herein shall be deemedto be a covenant or agreement mfany member, offic$r, agent oremployee of Monroe
County in his or her individual capacity, and no member, officer, agent oremployee of
� Monroe County shall be liable personally an 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
ounbarpmrtm, each of which shall be regarded as an origina|, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
|
v\ Hold Harmless and Indemnification. Notwithstanding any minimum insurance
� '-quinenlentg prescribed elsewhere in this agreement, Contractor shall defend,
� �indemnify and hold the COUNTY and the CC}iJNTY'a elected and appointed officers and
� employees harmless from and against(i) any claims, actions or causes of action, (ii) any
|KiQmtion, administrative proceedings, appellate proceedings, or other proceedings
re|gt|DQ to any type of injury (including death), \V8s, damage, fine, penalty or business
interruption. and (iii) any costs or expenses that may be asserted against, initiated with
� respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)
Agreement Page 9 of 114
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CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
any activity of Contractor or any of its employees, agents, contractors or other invitees
during the term of this Agreement, (B) the negligende or willful misconduct of Contractor
or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's
default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other
than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay. Should any claims be asserted against the County
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
Contractor, the Contractor agrees and warrants that the Contractor shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perform contracts. The County
and Contractor and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in award and performance of contracts, entered pursuant to this
Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts of
any nature with his subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Agreement Page 10 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility,Marathon Florida
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows'. (Insert information here).
a) Drawings: A0.1.1-A01.2, A0.3.1-A0.3.2, AD2.1.1, AD2.2.1, AD3.1.1, A1.1.1, A2.1,1,
A2.1.1A, A2.2.1, A3.1.1, A3.3.1, A3.3.2, A4.1.1, A4.1.2, A4.2.1, A4.2.2, A4.3.1, A4.3.2,
A4.3.3, A5.1.11, A5.1.2, A6.1.1, A6.1.1A, A6.1.2, A6.2.1, A6.2.2, A6.4.1, A6.4.2, A9.1.1,
A9.11A, A9.1.2, 12.3.1, 12.3.2, M0.0.1, M0.0.2, M1.1.1, M2.1.1, M2.1.2, M3.0.1, M3.0.2,
P0.0.1, 131.1.1, P2.1.1, P3.1.1, P4.1.1, E0.0.1, E0.O.2, E1.1.1, E1.1.2, E2.1.1, E2.1.2,
E2.1.3, E2,11.4, E3.0-1, E3.0.2, 170.0-1, F1.1.1, F2.1.1, T0.0.1, T1.1,11, T2.1.1, T2.1.2,
T3.0.1, T3.0.2, T4.0.1, T4.0.2, T4.0.3, T4.0.4, T4.0.5, T4.0.6
b) Project Manual: March 28, 2014
c) Permit Submission Specifications dated February 21, 2014
9A.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated:
9.1.6 The Addenda, if any, are as follows:
Number Date Pages
I April 11, 2014 11
2 April 17, 2014 5
3 May 2, 2014 14
4 May 9, 2014 4
El 01 & E301 JPEG Images
9.1.7 The Alternates, if any, are as follows-.
Alternate No. 1:
Walk thru Metal Detector
Agreement Page 11 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
Sixteen Thousand Thirty Three Dollars and Zero Cents
Dollars($16,033.00) Included in the contract sum.
END ALTERNATES
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to 'be delivered to the Contractor.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest, AMy Heavilin, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Cle(k layorl haul tan
Date
(SEAL)" CONTRACTOR
PEDRO FALCON ELECTRICAL CONTRACTORS, INC.
Attest:
By. By:
Print Name: i e,holas Brisson Print name: Christian Brisson,
Title: as Witness Title: as President
Date: 07/01/14 Date: 07/01/14
A n
By:
Print Name: Patricia 1 0 i tt
Title: as Witness
Date� 07/01/14 �NT (0
..............
L/
STATE OF FLORIDA
COUNTY OF Monroe
On this I day of J'111Y 20 1,41before me,the undersigned notary public, personal appeared Christian
Bris son—known to mp to be the person whose name Is subscribed above or who
produced, /VO9 —as identification,and acknowledged that he/she is the person who executed the
above contract with Monroe County for the Marathon Airport Customs Terminal,for the purposes therein contained.
-Mnfary Iblic
Lai,.aVIA. Sturgeon
Print Name
y0e, Notary PublIc State of Florlds
My commission expires: Laura A Sturgeon Seal
7
EEiOgooi
o'^0 Exp4res 10f0912015
Agreement Page 12 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
Attachment A
Contractor Scope of Services
1 Project Overview
Renovation of existing Airport facility for a Federal Customs Facility, Renovate existing
facility to accommodate Guardian Ad Litem
2 General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment,tools,
transportation, surveying, layout, and protection for the proper execution and completion of all
the work in accordance with the Contract Documents. The Work shall include but not be limited
to that shown on the Drawings and detailed in the Technical Specifications if any included in this
Contract.
3 General Requirements
A) Contractor is required to provide protection for all existing surfaces. To include but not
limited to:
1. Existing doors/passages
2. Interior/Exterior Walls
3. Personal Items
4. Windows
5. Flooring
6. Vehicles
7. Landscaping
B) The contractor shall ensure that all non-exempt employees for this effort are compensated in
accordance with all State and local Laws.
C) Provide a dumpster, containment bin or similar device for the collection and containment of
construction generated debris.
D) Load, haul and properly dispose of construction debris.
E) Provide and maintain appropriate (OSHA required) construction warning signs.
F) Furnish all required work site safety equipment.
G) Furnish and maintain on-site MSDS sheets for all materials used in the construction.
H) Construction work times shall be limited to:
7:30 AM to 6:00 PM Mon-Fri
Work hours may be changed by request in writing to Monroe County
1)All materials shall be approved by submittal prior to commencement of work
J) Obtain all Permits necessary to complete the scope of work
K) Contractor shall provide a "Stipulated sum price"
L) Contractor needs to be aware of weather and location and plan accordingly.
M) Contractor needs to be aware of the facility, its vendors and staff with unusual schedules and
plan accordingly. Coordination of each days works shall be done in advance with approval from
County. All spaces interior and exterior shall be cleaned and returned to normal as much as is
practical and reasonable each day.
N) The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings. The Contractor is required to provide a complete job as contemplated by the
drawings and specifications, which are a part of this bid package. The Contractor shall furnish
all labor, supervision, materials, power, tools, equipment, supplies and any other means of
Agreement Page 13 of 14
CONTRACT FOR CONSTRUCTION
Marathon Airport Customs Facility, Marathon Florida
construction necessary or proper for performing and completing the Scope of Work, unless
otherwise specifically stated.
The contractor will be responsible to obtain all additional necessary permits and approvals for
the demolition and/or construction of Marathon Airport Customs Facility including the Federal
Aviation Administration, Florida Department of Transportation, Monroe, County Growth
Management, Monroe County Building Dept., Monroe County Airport, Fire Marshall, City
of Marathon, any other permitting or regulatory agencies as applicable
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or highlight features
of the work, or modify, change, add to, or delete from the General Scope of this Proposal
Package.
1 All licenses required in order to perform the scope of work in the specified location, shall
be procured and maintained by the contractor and his subcontractors. Contractor shall
submit copies to Project Management prior to notice to proceed. Contractor's license
shall accompany proposal.
2. Provide, replace, and maintain any safety rails and barricades as necessary during the
process of work, or during deliveries of materials or equipment.
1 Contractor is to review General Conditions for additional responsibilities required in order
to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the proposal
documents, technical specifications, or drawings, the most stringent condition shall be
proposed and constructed. Notify Project Management in any event, in order to not
compromise the Owner's right to make appropriate decisions.
5. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of
his work progression.
6. This Contractor shall not store materials inside the building. Contractor shall provide
suitable storage container, and be responsible for disposal off-site of all debris and trash.
Agreement Page 14 of 14
Marathon Airport Customs Facility,
Marathon Florida
ADDENDUM NO. 4
May 9"' 2014
The information contained in this Addendum modifies supplements or replaces information
contained in the RFP and is hereby made a part of the Contract Documents.
1, Bid opening date is changed from May 13th 2014 to May 27h 2014
2. RFI response regarding safe for reference:
QUESTION: Sec. 110000 Equipment schedule specifies two GSA class V safes to be provided
and installed by the contractor. I don't see them on the furniture plans. Do we know what type,
size, rolling or bolt down are they gun, evidence, drug or filing cabinets ect? Prices and sizes
and installations range quite a bit.
RESPONSE: These safes are located in Secure Storage Room 108 and noted in detail I/A4.1.2
to be secured to the floor. The CBP requirements note that each safe shall have two drawers
with X09 locks. A suitable basis of design for this safe is NSN# 7110-01-015-2850ML - Class
5, 2 Drawer, Legal Size, Multi Lock, Black by FedSafes,com, with dimensions of 24.688" h x
20.875"w x 28.5"d.
3. RFI response regarding payment and performance bond:
QUESTION: Please provide us with a Performance and Payment Bond form for the referenced
prof ect
RESPONSE: See attached form
4. RFl response regarding fire alarm panel:
QUESTION: Is this an existing Fire alarm panel or a new one? If existing, what type of panel
is it(manufacturer)?
RESPONSE: Existing Fire alarm panel is Fire Alarm Control 4002 by Simplex
5. RFI response fees:
QUESTION: The Monroe County building department does not have any fees for building and
the review process is not complete. Therefore we still don't have a price for fees. Also the
change to plans will require for the review and that may not be complete by bid submission time.
Please advise what should be done with this line item.
RESPONSE: All permits and fees will be contracted as a reimbursable expense
6. RFI response smoke Detectors:
QUESTION: Will duct smoke detectors be required?
RESPONSE: Contractor shall consider duct smoke detectors in all areas of work within the
Customs Terminal,tied to the fire alarm system
7. RFI response trap primers
QUESTION: Please clarify where trap primers shall be used.
RESPONSE: Trap primers are specified on sheet P0.0.1 (TP-1) automatic trap primer valve and
shall be used on all floor drains.
PUBLIC CONSTRUCTION BOND
Bond No.
BY THIS BOND, We as Principal
and _wITITITITa corporation,as Surety, are bound
to herein called Owner,in the sum of
for payment of which we bind
................... ..........
ourselves, our heirs,personal representatives, successors, and assigns,jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated between Principal and
Owner for construction of the contract
being made a part of this bond byreference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in
the prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses,costs, and attorney's fees, including appellate
proceedings,that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract Or the changes does not affect Surety's obligation under
this bond.
DATED ON
(Name of Principal)
By (As Attomey in Fact)
(Name of Surety)
All other items remain as called for in the documents
End of Addendum No. 4
Doug Sposito
Project Manager
GATE(MIMMaDrP M
ACC>R CERTIFICATE OF LIABILITY INSURANCE 1 10127/2014
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PRODUCER... Iamle.'I"r99eT'I�D...
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Pedro Faloon Electrical Contractors Inc 11NBIJIMM
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Sig Pine Key FL 33043-4516
INSURER E
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WORT
TYPE OF INBURANCa POLICYNUMSER L P LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y 61-20929411 �2U'14 =is EACH OCCURRENCE 319 (I
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PERSONAL a ACV INJURY 1000.000
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When required bywritten contract,those Parties listed in Bald contract,including the certificate holder,are added as an Additional Insured,
with respect to General Liability,Auto Liability,as afforded by the policy and/or endorsements.When required by written contract,waiver of
See Attached..,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
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Monroe County Project Management
f 100 Simonton Street, Room 2.216 1 AUTHORUND REPRESENTATIVE
Key'WlVest FL 33040
01990-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: PEDROFALCO
LOC>f:
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AQENCY IMMEOINSURED
Bowen,Miclette&Britt of FL Pedro Falcon Electrical Contractors Inc
31160 Avenue C
IROUCYN..UMB�ER ........Big Pine Key FL 330+43-451B
CARRIER NAIC CDDE
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Project-,Marathon Airport Customs Facility!,Guardian Ad Lrtem
ACORD 101(2008101) Q 2008 ACORD CORPORATION. All rights reserved.
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AGNiC1r FA..+1407 8471610 a-oaatiUlfr
BOYWEN.MHCLET IE L BRITT OF FLORIDA,LLC Amuicen Zlaiofi Inninnas Company
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