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Item V06 4�° I�`� r BOARD OF COUNTY COMMISSIONERS County of Monroe �� Mayor David Rice,District 4 {sJff ` Mayor Pro Tem Craig Cates,District 1 The Florida.Keys Michelle Coldiron,District 2 Eddie Martinez,District 3 Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Number: V.6 Agenda Item Summary #9880 REVISED AC 1J : Replaced original agreement with revised version signed by Contractor. BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Michael DeAngelis (305) 295-4308 N/A AGENDA ITEM WORDING: Approval of an Agreement with Pedro Falcon Contractors, Inc. for the Reduced Scope Rockland Key Temporary Monroe County Fleet Garage Build Out in the amount of$452,600.00. This project is funded by the One Cent Infrastructure Sales Tax. ITEM BACKGROUND: The Monroe County Fleet department was notified by the Airport Authority that they will need to vacate the current location located at 3583 S. Roosevelt Blvd, which is located on the Key West International Airport property for future development needs. A new 3,600 sqft. temporary location has been leased by the County located at 111 Overseas Hwy., Rockland Key, FL 33040. This new location needs to be converted into a usable garage in order for Fleet Management Department to perform their required work. Project Management issued and advertised a Request for Proposals for the Fleet Garage Build Out on September 23, 2021 with a bid opening date of November 4, 2021. Four(4) bids were received with the lowest, responsive, responsible bidder being Pedro Falcon Contractors, Inc. (PFC)with a bid of$819,000.00. A cost estimate provided by the Architect prior to issuance of the RFP had stated that the expected cost would be $450,000.00. Due to the large difference in expected versus received bid prices, Staff elected to work with PFC to reduce the scope and perform value engineering in order to bring the cost down closer to the original budget estimate. This Reduced Scope contract will be in the amount of$452,600.00 and will still provide the Fleet Department with a useable space to perform their duties. PREVIOUS RELEVANT BOCC ACTION: 3/17/21 —BOCC approved a lease agreement with Rockland Investment Corp. for the interim Fleet Maintenance department location on Rockland Key. 4/21/21 —BOCC gave approval to waive purchasing policy for posting of RFP for the build out of the temporary fleet garage. 5/19/21 —BOCC approved of a Task Order with William Horn Architect, P.A. for the design through construction administration of the renovation of the temporary Fleet Maintenance Department offices on Rockland Key. 6/16/21 —BOCC approved to purchase new Equipment for the "Fleet Management Facility" to include Maintenance Equipment, Supplies, Services located at Rockland Key. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Agreement DOCUMENTATION: Agreement_PFC_legal stamped 11.29.21 (revised and siyned) Proposal Reduced Scope of Work Rockland Key Fleet Garage (11-29-2021) FINANCIAL IMPACT: Effective Date: December 8, 2021 Expiration Date: 45 days after NTP Total Dollar Value of Contract: $452,600.00 Total Cost to County: $452,600.00 Current Year Portion: $452,600.00 Budgeted: Yes Source of Funds: 24000— CG2007 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: 24000-CG2007 12/08/21 304-24000 GEN GOVT CAP PROJECTS $452,600.00 CG2007 REVIEWED BY: Cary Knight Completed 11/23/2021 3:36 PM Kevin Wilson Completed 11/23/2021 3:45 PM Joseph DiNovo Completed 11/30/2021 8:50 AM Purchasing Completed 11/30/2021 9:27 AM Budget and Finance Completed 11/30/2021 9:39 AM Maria Slavik Completed 11/30/2021 9:45 AM Liz Yongue Completed 11/30/2021 11:49 AM Board of County Commissioners Pending 12/08/2021 9:00 AM Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 8t" day of December 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 For the following Project: ROCKLAND KEY TEMPORARY MONROE COUNTY FLEET GARAGE BUILD OUT - REDUCED SCOPE Scope of the Work The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Contractor shall follow modified architectural construction document specifications by William P. Horn Architect, PA., dated 8/2/21 attached as Exhibit A. Scope of work shall include the following: 1. 4 sets of test cylinder for concrete testing. 2. Temporary toilets. (Ports Potty). 3. Monroe County Building Department permit fees. 4. Supervision. 5. Demolition of existing concrete wall to install for door#102 on the north face. Page 1 of 19 6. Demolition of existing wire and grills for new exhaust fans near roof line (4 ea). 7. Rebar/form/pour concrete for new overhead doors #101 and 103. 8. Rebar/form/pour concrete for new pedestrian door #102. 9. Patch around exhaust fans. 10. Furnish and install electric overhead doors #101 and 103. 11. Furnish and install pedestrian doors#102, #104 and #105 including frame and hardware as specified. 12. Furnish and install (1) — 6" Aluminum drainable blades louver, 84" x 107" (12" two stacked section) manufactured by American Warming & Ventilating. 13. Furnish and install (1) — 6" Aluminum drainable blades louver, 48" x 107" (15" two stacked section) manufactured by American Warming & Ventilating. 14. Furnish and install caulking around louvers L2 and L5. 15. Furnish and apply paint to doors and frames on door#102, #104, and #105. 16. Furnish and install exhaust fans EF-1 through EF-4. 17. Furnish and install CO sensors. 18. Design, furnish and install Fire alarm system. 19. Furnish and install lighting per the revised lighting package as listed below: a. 11 ea 350006-NW-US, Lepro b. 6 ea LBL4W7000LMHE 80 CRI 40K c. 1 ea FMLWL48 840, Lithonia d. 3 ea DSXW2 30C 1000 40K TEM MVOLT BBW PE DDBXD e. 2 ea LVPT-4-WS60-4000K U, Halco f. 6 ea Emergency Battery Backup LED Light ELM41- SDRT, Lithonia g. 5 ea Emergency Battery Backup LED Light WLTU GY MR, Lithonia h. 1 ea Thermoplastic LED Exit Sign with Internal Battery Pack — EXR LED EL M6, Lithonia i. 2 ea Thermoplastic LED Exit Sign with Internal Battery Pack—Wet Location —WLTE W 2 R TP SD, Lithonia 20. Furnish and install gear, distribution panels (AIC 10,000), disconnects and generator docking station NEMA 3R. 21. Furnish and install branch circuits including conduit, boxes, wires. Page 2 of 19 22. Furnish and install site perimeter chain-link fence and gates as shown on drawings. 23. Furnish and install three hose bibs, 10 feet off the ground inside the garage bay. These three hose bibs will be connected from an existing water source already in the garage bay. 24. Furnish and install cold water line only to a temporary office/bathroom trailer that will be located on the interior west side of garage bay. 25. Furnish and install power (200 Amp) for temporary office/bathroom trailer that will be located on the interior west side of garage bay. 26. Furnish and install sewer connection from new temporary trailer within 20 linear feet of the exterior North wall. Contractor assumes the exterior underground sewer pipe is in good working condition. 27. Furnish and install 8" CMU wall South elevation to completely fill in opening for the purpose of installing a L5 louver in the center upper section. See enclosed sketch. 28. Furnish and install 8" CMU wall East elevation to completely fill in opening for the purpose of installing the L2 louver in the center upper section. See enclosed sketch. 29. Saw cut, chip and repair one rough area of the existing slab using SikaQuick 1000. Area in questions is approximately 12'-0" x 7'-0" x 1"- thick. 30. Install expanded mesh on the two existing door openings to secure the garage bay. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A Page 3 of 19 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 Forty-Five (45) 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 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. Page 4 of 19 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 Four Hundred Fifty-Two Thousand Six Hundred and /100 Dollars ($452,600.00), 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: N/A 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less Page 5 of 19 retainage of five percent(5%). 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 five percent (5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. 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 and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). Page 6 of 19 B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this 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 or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply 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 consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: Page 7 of 19 a) Maintenance of Records. Contractor shall maintain all books, records, and documents 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 five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) 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 calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other 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 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 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 ten (10)years after Final Completion of the Project. 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 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 calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 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 Page 8 of 19 that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. 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. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. Page 9 of 19 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/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to 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 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. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 10 of 19 m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. 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. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to 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. (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. Page 11 of 19 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Page 12 of 19 p) 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. q) 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. r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t) 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. u) 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. v) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Page 13 of 19 w) 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 officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to 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. 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. x) 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. y) 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 Page 14 of 19 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. z) 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. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) 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 Commissioners of Monroe County. 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. cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status 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 the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. dd) 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, 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 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 until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: Page 15 of 19 For Contractor: Pedro Falcon Contractors, Inc. Christian Brisson, President 31160 Avenue C Big Pine Key, Florida 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 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 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 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) 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 the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 the County exceeds the funds remaining in the contract. The maximum amount due to 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 Page 16 of 19 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. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Contractor shall follow modified architectural construction document specifications by William P. Horn Architect, PA., dated 8/2/21 attached as Exhibit A. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 09/24/2021 1 2 10/22/2021 1 3 10/22/2021 71 4 10/25/2021 1 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Page 17 of 19 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date MONROE COUNTY ATrORNEY'S OFF$CE APPROVED AS TO FORM a _._. STANT-COUNTY ATTORNEY DATE: 11- G- 0 1 CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON Contractor must provide two witnesses CONTRACTORS; N-C signatures Signature Signature: r ? Print Name: Hri, / . ,°, ' Print Name: { U Title: ' Date: t = _ .....acal Gate: and � 1 Signature: tL'Llc Print Name. ,. 1 . Date: STATE OF y t _ COUNTY OF On this day of 20 _Qj before me, the undersigned notary public, b means of physical presence or ❑ online, personally appeared rlt psi . (name of affiant) 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 Rockland Key Temporary Monroe County Fleet Garage Build Out - Reduced Scope for the purposes therein contains . Notary Public ✓ SHELLY HITT Print Name " ,^ MY COMMISSION#GG 212827 EXPIRES:June12,2022 My commission expires: { ci ndedThruNofary Public Underwdters Pas 18 of 19 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 Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 19 EXHIBIT A SCOPE OF WORK DRAWINGS AS MODIFIED BY"REVISION #2 REDUCED SCOPE OF WORK" PROPOSAL z o ono o p- LL z z z ¢u � � � � � H x o o x w w s wN wy A A A A A A d 0 — a r �J a z�pz�m��gag d4 - xOD�UF �� O�p pp=tU }v G] Oyu 2y� O�yyy �U]'x t ilf F o0 C7 o��Oz�a°°oo 0 [[-mo¢o3 33 C� W s' o 8� x o 0 0 0 z o ono 0 0_ LL -_____________ sa�vd s s -� d3u a� aoom sew x aooa 0 eye �a � J am^ 1NINIAVd F' ■ �� Lid NdSV ci -] II 03HS DOOM Sd3i5 3 009 � Moo 1 = J I I O � � sa loa aooa o ou I o I LL N z� w I z z o0 I . 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This project is funded by the One Cent Infrastructure Sales Tax. ITEM BACKGROUND: The Monroe County Fleet department was notified by the Airport Authority that they will need to vacate the current location located at 3583 S. Roosevelt Blvd, which is located on the Key West International Airport property for future development needs. A new 3,600 sqft. temporary location has been leased by the County located at 111 Overseas Hwy., Rockland Key, FL 33040. This new location needs to be converted into a usable garage in order for Fleet Management Department to perform their required work. Project Management issued and advertised a Request for Proposals for the Fleet Garage Build Out on September 23, 2021 with a bid opening date of November 4, 2021. Four(4) bids were received with the lowest, responsive, responsible bidder being Pedro Falcon Contractors, Inc. (PFC)with a bid of$819,000.00. A cost estimate provided by the Architect prior to issuance of the RFP had stated that the expected cost would be $450,000.00. Due to the large difference in expected versus received bid prices, Staff elected to work with PFC to reduce the scope and perform value engineering in order to bring the cost down closer to the original budget estimate. This Reduced Scope contract will be in the amount of$452,600.00 and will still provide the Fleet Department with a useable space to perform their duties. PREVIOUS RELEVANT BOCC ACTION: 3/17/21 —BOCC approved a lease agreement with Rockland Investment Corp. for the interim Fleet Maintenance department location on Rockland Key. 4/21/21 —BOCC gave approval to waive purchasing policy for posting of RFP for the build out of the temporary fleet garage. 5/19/21 —BOCC approved of a Task Order with William Horn Architect, P.A. for the design through construction administration of the renovation of the temporary Fleet Maintenance Department offices on Rockland Key. 6/16/21 —BOCC approved to purchase new Equipment for the "Fleet Management Facility" to Packet Pg. 2905 v.6 include Maintenance Equipment, Supplies, Services located at Rockland Key. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Agreement DOCUMENTATION: Agreement_PFC_legal stamped 11.29.21 Proposal Reduced Scope of Work Rockland Key Fleet Garage (11-29-2021) FINANCIAL IMPACT: Effective Date: December 8, 2021 Expiration Date: 45 days after NTP Total Dollar Value of Contract: $452,600.00 Total Cost to County: $452,600.00 Current Year Portion: $452,600.00 Budgeted: Yes Source of Funds: 24000— CG2007 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: 24000-CG2007 12/08/21 304-24000 GEN GOVT CAP PROJECTS $452,600.00 CG2007 REVIEWED BY: Cary Knight Completed 11/23/2021 2:36 PM Kevin Wilson Completed 11/23/2021 2:45 PM Joseph DiNovo Completed 11/30/2021 7:50 AM Purchasing Completed 11/30/2021 8:27 AM Budget and Finance Completed 11/30/2021 8:39 AM Maria Slavik Completed 11/30/2021 8:45 AM Liz Yongue Completed 11/30/2021 10:49 AM Packet Pg. 2906 vs Board of County Commissioners Pending 12/08/2021 9:00 AM Packet Pg. 2907 V.6.ai Agreement Between Owner and Contractor r- Where the basis of payment is a STIPULATED SUM c 0 0. AGREEMENT Made as of the 8t" day of December 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street c Key West, Florida 33040 0 And the Contractor: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 0 For the following Project: ROCKLAND KEY TEMPORARY MONROE COUNTY c FLEET GARAGE BUILD OUT - REDUCED SCOPE CL Scope of the Work The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Contractor shall follow modified architectural construction document specifications by William P. Horn Architect, PA., dated 8/2/21 attached as Exhibit A. Scope of work shall include the following: 1. 4 sets of test cylinder for concrete testing. CL 2. Temporary toilets. (Ports Potty). 3. Monroe County Building Department permit fees. 4. Supervision. 5. Demolition of existing concrete wall to install for door#102 on the north face. Page 1 of 19 Packet Pg. 2908 V.6.ai 6. Demolition of existing wire and grills for new exhaust fans near roof line (4 ea). 7. Rebar/form/pour concrete for new overhead doors #101 and 103. 8. Rebar/form/pour concrete for new pedestrian door #102. 9. Patch around exhaust fans. 0 10. Furnish and install electric overhead doors #101 and 103. 11. Furnish and install pedestrian doors#102, #104 and #105 including frame and hardware 0. as specified. 12. Furnish and install (1) — 6" Aluminum drainable blades louver, 84" x 107" (12" two stacked section) manufactured by American Warming & Ventilating. 13. Furnish and install (1) — 6" Aluminum drainable blades louver, 48" x 107" (15" two stacked section) manufactured by American Warming & Ventilating. 14. Furnish and install caulking around louvers L2 and L5. 0 15. Furnish and apply paint to doors and frames on door#102, #104, and #105. 16. Furnish and install exhaust fans EF-1 through EF-4. 17. Furnish and install CO sensors. 18. Design, furnish and install Fire alarm system. 0 19. Furnish and install lighting per the revised lighting package as listed below: a. 11 ea 350006-NW-US, Lepro b. 6 ea LBL4W7000LMHE 80 CRI 40K 2 c. 1 ea FMLWL48 840, Lithonia o d. 3 ea DSXW2 30C 1000 40K TEM MVOLT BBW PE DDBXD e. 2 ea LVPT-4-WS60-4000K U, Halco f. 6 ea Emergency Battery Backup LED Light ELM41- SDRT, Lithonia g. 5 ea Emergency Battery Backup LED Light WLTU GY MR, Lithonia h. 1 ea Thermoplastic LED Exit Sign with Internal Battery Pack — EXR LED EL M6, Lithonia i. 2 ea Thermoplastic LED Exit Sign with Internal Battery Pack—Wet Location —WLTE W 2 R TP SD, Lithonia 20. Furnish and install gear, distribution panels (AIC 10,000), disconnects and generator E docking station NEMA 3R. 2 21. Furnish and install branch circuits including conduit, boxes, wires. Page 2 of 19 Packet Pg. 2909 V.6.ai 22. Furnish and install site perimeter chain-link fence and gates as shown on drawings. 23. Furnish and install three hose bibs, 10 feet off the ground inside the garage bay. These three hose bibs will be connected from an existing water source already in the garage bay. 24. Furnish and install cold water line only to a temporary office/bathroom trailer that will be located on the interior west side of garage bay. 25. Furnish and install power (200 Amp) for temporary office/bathroom trailer that will be located on the interior west side of garage bay. 0. 26. Furnish and install sewer connection from new temporary trailer within 20 linear feet of the exterior North wall. Contractor assumes the exterior underground sewer pipe is in good working condition. 27. Furnish and install 8" CMU wall South elevation to completely fill in opening for the purpose of installing a L5 louver in the center upper section. See enclosed sketch. o 28. Furnish and install 8" CMU wall East elevation to completely fill in opening for the purpose of installing the L2 louver in the center upper section. See enclosed sketch. 2 29. Saw cut, chip and repair one rough area of the existing slab using SikaQuick 1000. Area in questions is approximately 12'-0" x 7'-0" x 1"- thick. 30. Install expanded mesh on the two existing door openings to secure the garage bay. 0 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The n! 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 CL extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A Page 3 of 19 Packet Pg. 2910 V.6.ai 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 c Owner. a, 0 The Contractor shall achieve Substantial Completion of the entire Work not later than Forty-Five (45) 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 31ST DAY & e CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day 2 $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 ca $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. CL Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or y 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 i Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and CL C,i resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to E the County as the Owner's Representative may determine. 2 Page 4 of 19 Packet Pg. 2911 V.6.ai ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of o the Contract the Contract Sum of Four Hundred Fifty-Two Thousand Six Hundred and /100 Dollars ($452,600.00), subject to additions and deductions as provided in the Contract Documents. c 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. 4.3 Unit prices, if any, are as follows: N/A 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 o 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 o Documents. 2 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, upon receipt of a proper invoice from the Contractor, o in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner a, invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 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 n! 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 y for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of i 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 5 of 19 Packet Pg. 2912 V.6.ai retainage of five percent(5%). 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, o 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 o covering related Work or substitutions are involved in a change, the allowance for LN overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 0. 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 o 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. 0 5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. 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 and the work has been accepted by the Owner except for the Contractor's responsibility to correct 2 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 ca payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are "! required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet y (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims a, (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) format delivered on a common form (i.e. flash drive) of all the following, but 0) not limited to: 2 A. Project Record Documents (As Built Documents). Page 6 of 19 Packet Pg. 2913 V.6.ai B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. 0 D. Keys and keying schedule. 0 E. Spare parts and maintenance materials. c LN F. Electronic copies of approved submittals. 0 0. G. Evidence of payment and final release of liens and consent of surety to final E release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 0 Miscellaneous Provisions 0 7.1 Where reference is made in this Agreement to a provision of the General Conditions or 2 another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 0 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. c 0 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 2 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 ca 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 or services to a public entity, may not submit a bid, proposal, or reply on a contract to y supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public a, 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 consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: Page 7 of 19 Packet Pg. 2914 V.6.ai a) Maintenance of Records. Contractor shall maintain all books, records, and documents 2 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 five (5) years from o the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this o Agreement for public records purposes during the term of the Agreement and for LN seven (7) 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 0. Agreement were spent for purposes not authorized by this Agreement, or were E wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the o Project, which shall include but not be limited to accounting records (hard copy, as e well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court o and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and CL 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 2 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 Clerk may also conduct ca 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 ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and y activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for a, purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 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 E Page 8 of 19 Packet Pg. 2915 V.6.ai that any cause of action or administrative proceeding is instituted for the enforcement 2 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 o 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. o LN 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 0. unenforceable to any extent by a court of competent jurisdiction, the remaining terms, E 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 o 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 court costs in appellate o proceedings. CL e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into "! this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the y purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all CL 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. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. E Page 9 of 19 Packet Pg. 2916 V.6.ai 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 c 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 c shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will 0. be no discrimination against any person, and it is expressly understood that upon a E determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of c race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, - Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to ca time, relating to 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 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. i I) 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 0) employees as delineated in Section 112.313, Florida Statutes, regarding, but not 2 limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. E Page 10 of 19 Packet Pg. 2917 V.6.ai 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 c 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 c Agreement. For the breach or violation of the provision, the Contractor agrees that LN 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 c0. fee, commission, percentage, gift, or consideration. E n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this c provision the County may, in its discretion, terminate this contract without liability and e 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. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit - reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the CL provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may ca enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or "! expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. y Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 0. (1) Keep and maintain public records that would be required by the County to perform the service. 0) (2) Upon receipt from the County's custodian of records, provide the County with 2 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. E Page 11 of 19 Packet Pg. 2918 V.6.ai (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following c completion of the contract if the contractor does not transfer the records to the County. 0 (4) Upon completion of the contract, transfer, at no cost, to the County all publicLN 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 0. transfers all public records to the County upon completion of the contract, the E Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that c is compatible with the information technology systems of the County. 0 (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 with the contract, notwithstanding the County's option and right to unilaterally CL cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. �? The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA y STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Page 12 of 19 Packet Pg. 2919 V.6.ai p) 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 c immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0 q) Privileges and Immunities. All of the privileges and immunities from liability, LN exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, 0. agents, or employees of any public agents or employees of the County, when E 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. r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory c Duties. This Agreement is not intended to, nor shall it be construed as, relieving any e participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the 0 terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement ca separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. N t) 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. u) 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. v) Execution in Counterparts. This Agreement may be executed in any number of 0) counterparts, each of which shall be regarded as an original, all of which taken 2 together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Page 13 of 19 Packet Pg. 2920 V.6.ai w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum 2 insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of c 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, c initiated with respect to, or sustained by, any indemnified party by reason of, or in LN 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 0. recklessness, intentional wrongful misconduct, errors or other wrongful act or omission E of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract c 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. 0 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 c required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against CL 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. cv x) 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. y y) 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 0) the Agreement. In this regard, all recipients and contractors shall take all necessary 2 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 E Page 14 of 19 Packet Pg. 2921 V.6.ai basis of race, color, national origin or sex in award and performance of contracts, 2 entered pursuant to this Agreement. z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or c 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 c of any nature with his subcontractors shall include the COUNTY as additional insured. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to 0. conform to Florida Green Building Coalition standards. E Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) 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 c Commissioners of Monroe County. No statement contained in this Agreement shall be e 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. 0 cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of c 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 CL Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ca dd) 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, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. y 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by a, 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 CL until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or E by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: Page 15 of 19 Packet Pg. 2922 V.6.ai For Contractor: Pedro Falcon Contractors, Inc. Christian Brisson, President 31160 Avenue C Big Pine Key, Florida 33043 c For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 0 ARTICLE 8 Termination or Suspension r 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 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 0 County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) CL 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 the sum due the Contractor under this Agreement prior to termination, unless the cost of �? completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for i 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 CLi the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to 0) Contractor shall not exceed the spending cap in this Agreement. 2 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 Page 16 of 19 Packet Pg. 2923 V.6.ai placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott 2 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. 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 0. 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 Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 ARTICLE 9 Enumeration of Contract Documents 0 9.1 The Contract Documents, except for Modifications issued after execution of this 0 Agreement, are enumerated as follows: 0 a) Contractor shall follow modified architectural construction document specifications by William P. Horn Architect, PA., dated 8/2/21 attached as Exhibit A. CL 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 0 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 Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages v, 1 09/24/2021 1 2 10/22/2021 1 3 10/22/2021 71 4 10/25/2021 1 CL i 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 17 of 19 Packet Pg. 2924 V.6.ai 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. 0 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA 2 0 r- 0 By: By: As Deputy Clerk Mayor/Chairman 0. Date MO ROE COUNTY ATTORNEYS OFFICE APPROVED A5 TO FORM r' STAW COLJ14W ATTORNEY � w _N � DATE 11-29-2021 0 CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON Contractor must provide two witnesses CONTRACTORS, INC. signatures Signature: 0 Signature: Print Name: Print Name: Title: 0 Date: Date: and Signature: 0 Print Name: cv Date: STATE OF COUNTY OF On this day of 120 before me, the undersigned notary public, y by means of ❑ physical presence or ❑ online, personally appeared (name of affiant) known to me to be the person whose name m 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 Rockland CL Key Temporary Monroe County Fleet Garage Build Out - Reduced Scope for the purposes therein contained. W Notary Public 2 Print Name My commission expires: (Seal) E Page 18 of 19 Packet Pg. 2925 V.6.ai GENERAL REQUIREMENTS Where Project Management is Not a Constructor 0 C Section 00750 General Conditions c Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises 0. 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 c Section 01301 Submittals 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 0 Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment �? Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties i Page 19 of 19 Packet Pg. 2926 V.6.ai EXHIBIT A SCOPE OF WORK 0 DRAWINGS AS MODIFIED BY"REVISION #2 REDUCED SCOPE OF 2 WORK" PROPOSAL 0 0 0. i2 0 c� 0 0 CJ 0 0 CL CL CJ cv cv m CJ Packet Pg. 2927 P ')1a a®4a a4u ®a' OJPJ / 4a a4u ) L '6 'L L pad ua e4s ' '— —4u8ua a :4u8ua q3B44V m m� o z a ¢ d A a oaw ¢ o o z z d ur w w o o O w ° a a 6 6 a y z w 0 a r �J O U z -�— _ SOU d4 - xOD�UF t.—Or�� 0�3.p }v G] Oyu 2y"M O'zyy CQ Q O `1 f, < o'z.'3 E z 22 WD zz -o Sow¢ U ¢m F o0 C7 o��Oz�a°°oo 0 [[-mo¢o3 33 C� W s' ggqq x � a m $ O a g q W ym o s� 4 qM. a o aag, aQ a x o 0 0 0 P ')1aO aO4a a4uO Oil OJPJ / 4a a4uO ) L '6 'L L pad ua e4s ' '— —4u8ua a :4u8wg3B44 o m o a o 0 0 3 a w m w p e K a t N ® f, -_________ `s____ 5213/,Vd s �� - d3u s Q� DOOM p~ Ox oop O Q Q5e w 9 El3llvy1 ¢ 3 J am^ 1NINIAVd F' ■ Lid Ndsv II 03HS DOOMci Sd3i5 3 009 2000 1 = J I IloO sa 100 a000 .0oz, I o I LL N z� w I z z o0 I . 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L ` 1 � �s�61F , 1 �:� F1le vrrvr w.P e d r,,:Fa l c:,,:.,n.c:,,:.,m U 0 c� 0 Revision#2 Reduced Scope of Work 0 0 Date Submitted: 11/29/21 2 M Project: Rockland Key Temporary Monroe County Fleet Garage Build Out 0 RE: Reduce Scope of Work CL We have revised our proposal to reduce and modify the scope of work per the onsite meeting that was held on 11/17/2021 at 2:00 PM with County officials and end user. The scope of work described herein is based on the conversations from this meeting and future correspondence. This reduced scope of work is based on all of the 0 CJ work(framing, mechanical, plumbing, HVAC,etc.)associated with men's restrooms,women's restroom, `✓ conference room,offices 1, 2 and 3,A/C room and the exterior shed work have been deleted from this project. Please be aware that some of the items offered deviate from the original scope of work shown on the Bid documents and might not meet the original specifications. This proposal only encompasses the item(s)specifically outlined below and does not include any other items,whether stated or inferred, in any other documents.The W terms set forth in this proposal shall have precedence over any other agreement and this proposal shall be included in any modification agreement. m Scope of Work Includes the following: 1. 4 sets of test cylinder for concrete testing. 2. Temporary toilets. (Ports Potty). 3. Monroe County Building department permit fees. 4. T.ash d,,....pste. 5. Supervision. 6. Demo existing concrete wall to install for door#102 on the north face. 0 7. Demo existing wire and grills for new exhaust fans near roof line(4 ea). 8. Rebar/form/pour concrete for new overhead doors#101 and 103. 0 9. Rebar/form/pour concrete for new pedestrian door#102. 0 10. Patch around exhaust fans. U 11. Furnish and install electric overhead doors#101 and 103. 12. Furnish and install pedestrian doors#102, 104,and 105 including frame and hardware as specified. U 13. Furnish and install (1)-6"Aluminum drainable blades louver,84"x 107" ('12"two stacked section) manufactured by American Warming&Ventilating. 14. Furnish and install (1)-6"Aluminum drainable blades louver,48"x 107" ('15"two stacked section) y manufactured by American Warming&Ventilating. 00 15. Furnish and install caulking around louvers L2 and L5. 16. Furnish and apply paint to doors and frames on door#102, 104 and 105. CL 17. Furnish and install exhaust fans EF-1 through EF-4. 18. Furnish and install CO2 sensors. E 19. Design,furnish and install Fire alarm system. industrial -Commercial - institutional - Residential - Utility Established 198 Packet Pg. 2962 us.b 20. Furnish and install lighting per the revised lighting package as listed below: a. 11 ea 350006-NW-US, Lepro b. 6 ea LBL4W7000LMHE 80 CRI 40K 0 c. 1 ea FMLWL48 840, Lithonia d. 3 ea DSXW2 30C 1000 40K TEM MVOLT BBW PE DDBXD 0 e. 2 ea LVPT-4-WS60-4000K U, Halco f. 6 ea Emergency Battery Backup LED Light ELM4L SDRT, Lithonia g. 5 ea Emergency Battery Backup LED Light WLTU GY MR, Lithonia h. 1 ea Thermoplastic LED Exit Sign with Internal Battery Pack—EXR LED EL M6, Lithonia i. 2 ea Thermoplastic LED Exit Sign with Internal Battery Pack—Wet Location—WLTE W 2 R TP SD, 0 Lithonia 21. Furnish and install gear,distribution panels(AIC 10,000).disconnects and generator docking station NEMA 3R. 22. Furnish and install branch circuits including conduit, boxes,wires. CL 23. Furnish and install site perimeter chain-link fence and gates as shown on drawings. 24. Furnish and install three hose bibs, 10 feet off the ground inside the garage bay. These three hose bibs will be connected from an existing water source already in the garage bay. 25. Furnish and install cold water line only to a temporary office/bathroom trailer that will be located on the interior west side of garage bay. 26. Furnish and install power(200 Amp)for temporary office/bathroom trailer that will be located on the '✓ interior west side of garage bay. 27. Furnish and install sewer connection from new temporary trailer within 20 linear feet for the exterior cv North wall. Contractor assumes the exterior underground sewer pipe is in good working condition. 28. Furnish and install 8"CMU wall South elevation to completely fill in opening for the exception of installing a L5 louver in the center upper section. See enclosed sketch. 29. Furnish and install 8"CMU wall East elevation to completely fill in opening for the exception of installing the L2 louver in the center upper section. See enclosed sketch. 30. Saw cut,chip and repair one rough area of the existing slab using SikaQuick 1000.Area in questions is approximately 12'-0"x 7'-0"x 1"-thick. 31. Install expanded mesh on the two existing door openings to secure the garage bay. Therefore,the total cost for the revised reduced scope of work including permits is: $452,600.00(Four hundred fifty two thousand six hundred Dollars and Zero cents Cents) 0 0 Please contact me if you have any questions. 0 0 U Thanks. Respectfully Submitted, 0 P CL Christian Brisson m Project Manager lndustri l Commercial lnstittx l n l - Residential - Utility Established 198 Packet Pg. 2963 ) '1 \ '1\: _1 1 i /M 43WWO ) f L -6 -L L) Bay 4001-A AGN pueIM3oU MjoM jO ado3S pe3npou ' sO Oa :4u0uay0 44 0 m -------------------- IL ) I W _ U - -- a J ) FAN 0 v I Uaw C ---- -- -------- ) awu`g`i3 �x a�w� 1 z wi0o — • ` -- - - - zNNli aD ..0 .6 .e .e ............ ,.b; 'D ............ ...iC3 INI cn re 3V'IVMJ V N00a HIM Lil 1HO13H 31VNIa21000 J ) ) v o I UUz �L) W w z n 01 Q I—I ) ) ) � I n I u I PWWO ) f L -6 -L L) Bay 4001-A AGN PUBIM30U MjoM jo ado3S pe3npoU ' s a :4u8wg3B44 coo_ co Ld IL ULU a>Z m aj �I).e WJ3 zo zvo zLi WKo IL Zz0 L <� z� ix w� W j of Z X F fN zmN ~ re G.I C Z r C } O I I � K w. ^ W � Q p U (n � cn •I 0 o F� 0 LEE— .tt-'s „4-, Z-,L � C a w � 10 �o EL a� O O L� Li N RE M