Item C17BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2012 Division: COUNTY ADMINISTRATOR
Bulk Item: YES Department: AIRPORTS
Staff Contact Person/Phone #: Peter Horton_ 809-5200
AGENDA ITEM WORDING: Award of bid to Pedro Falcon Electrical Contractors, Inc., and approval of
contract between Pedro Falcon Electrical Contractors, Inc. and Monroe County for the Key West International
Airport Customs Terminal Security Enhancement — Phase 1.
ITEM BACKGROUND: The upgrade of the United States Customs and Border Protection Facility at
KWIA will be in three phases. This item addresses the first phase only. The upgrades are necessary to convert
the premises from a GAF (General Aviation Facility) to a FIS (Federal Inspection Station). Although we have
received Port of Entry Status for Cuba, we are currently limited to flights of 10 passengers or less as a GAF.
PREVIOUS RELEVANT BOCC ACTION: 3/21/12 - C39 - Approval of Design Services Agreement
with MBI/K2M for Customs Terminal Security Enhancements — Key West International Airport Phase II and
III.; 12/15/10 - C 16 -Approval of a contract and contract amendment with MBI-K2M Architecture, Inc., for
Customs Terminal Security Enhancements at Key West International Airport.
CONTRACT/AGREEMENT CHANGES: na
STAFF RECOMMENDATION: Approval
TOTAL COST: $305,660.00 total INDIRECT COST: NA BUDGETED: Yes X
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: NA SOURCE OF FUNDS: 100% FDOT
COST TO AIRPORT: NA
COST TO PFC: NA
REVENUE PRODUCING: No X
APPROVED BY: County Attorney X_
DOCUMENTATION: Included X
DISPOSITION:
AMOUNT PER YEAR: X
OMB/Purchasing X_ Risk Management X_
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Pedro Falcon Electrical Contractors, Inc. Effective Date: Notice to Proceed
Expiration Date: 180 days
Contract Purpose/Description: Customs Terminal Security Enhancement Ph 1
Contract Manager: Peter Horton # 5200 Airports - Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: May 16, 2012 Agenda Deadline: May 1, 2012
Total Dollar Value of Contract: $305,660.00
Budgeted?
Grant:
County Match: NA
Estimated Ongoing Costs:
(not included in dollar value abo
CONTRACT COSTS
Current Year Portion: $203,773.00 estd (4 mos)
Account Codes: 404-630149-530490-GAKD122
FDOT APT62 + future supplement
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries,
CONTRACT REVIEW
Changes
Date In Needed eviewer Date Out
Yes No A t
Airports Director ,T/! /fL-
Risk Management
O.M.B./Purchasing 5 / 1 / 1,2
County Attorney �. / C l I Z
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Key West International Airport
Customs Terminal Security Enhancements — Phase 1
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT (hereafter "Agreement'), is made and entered into this 16TH day
of May, 2012, by and between Monroe County, a political subdivision of the State of Florida,
(hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida, 33040 and
Pedro Falcon Electrical Contractors, Inc., a Florida Corporation (hereafter Contractor), whose
address is 31160 Avenue C, Big Pine Key, Florida 33043-4516 for the following Project: KEY
WEST INTERNATIONAL AIRPORT, CUSTOMS TERMINAL SECURITY
ENHANCEMENTS — PHASE 1. The parties hereto, for the considerations herein set forth,
mutually agree as follows:
The scope of work for phase I includes:
Based on the Construction Documents Dated December 14, 2011, the following specific
items are included in the revised Phase I Scope of Work and as identified in Attachment A -
Scope of Work Drawings:
• Hardening of the exterior shell
o Exterior doors 101, 109B, and 114
o Exterior windows type A and D. Window type D shall be installed identical to
window type A (the interior covering will not be required)
Interior Improvements
o Vestibule 114, Computer Room 115, and Reception 116
o Includes all walls, ceilings, fixtures, and finishes as specified. Floor finish in the
Computer Room as specified. Floor finishes in the Vestibule and Reception to be
patched as required to accommodate the new walls and to match existing
■ Includes repairing the damaged floor tile in the vestibule and leaving the
existing tile and patching any depressions and / or holes with tile grout to
match existing grout
o Provision for minor temporary barrier if required
o Removal of the wall separating the vestibule and existing adjacent closets as
required to install new wall partition — reference Attachment A Scope of Work
Drawings AD2.1.1
o Remove the ceilings in the two adjacent rooms without reinstalling new ceilings —
reference Attachment A Scope of Work Drawings AD2.1.1
o Install the new partitions for the secure Vestibule 114 and the Computer Room
115 complete as shown on the drawings and extend the existing wall and patch to
blend in the vestibule wall including paint — reference Attachment A Scope of
Work Drawings AD2.1.1
o Install the duress button and the under counter door release at the reception area
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-1
Key West International Airport
Customs Terminal Security Enhancements — Phase I
• Mechanical
o Reconfigure existing ducts, diffusers, and returns to maintain conditioned air in
reconfigured rooms
0 6" chilled water line from existing Airport chiller system terminating on Customs
Terminal Building roof for Phase II improvements. This system will be designed
by Architect / Engineer in coordination with Contractor prior to construction as
part of the Phase II Architect Agreement. Within the Contract Sum a not to
exceed allotment of $50,000.00 is provided to install as much of the chilled water
piping system as can be provided within the allotment and without exceeding the
Contract Sum. The final cost will be based on the unit prices listed below. A
Markup of 10% overhead and 5% Profit will be included in the allotment for the
General Contractor expenses. Permit fees, Bond cost and General Conditions will
be included in the unit prices below. The Architect/ Engineer and the Contractor
are to negotiate the final scope of work after the design drawings have been
completed. The duration of this activity (chilled Water piping system) will be
negotiated and will not be tied to the same NTP for the base bid scope of work.
When the duration of the activity has been determined and accepted as evidenced
by a written proposal issued by the contractor and signed by the Director of
Operations, a separate NTP shall be issued marking the commencement date of
this portion of the work. Liquidated damages shall be applicable to this portion of
the work, as outlined in Article 3 below, if the work has not been completed by
the substantial completion date provided in the proposal.
o Note: Not all items needed to provide this final chilled water piping system have
been listed below for lack of information. These items will be performed by the
Contractor and priced during negotiations between the Contractor and the A/E.
For example of items not listed and priced: roof demo and patching, truss/beam
structural reinforcing and or bracing.
o The goal of this negotiation is to provide a final price and scope of work using
these following unit prices as a guide to provide as much piping as possible for
the allotted $50,000.00. For purposes of clarification, the Contract Sum shown in
article 4.1 includes the aforementioned $50,000 allotment for the chilled water
piping system.
6" Schedule 40 Domestic A53B ERW pipe $199.33/LF; price includes the following:
• Pipe
• Weld
• 6" x 2" wall foam glass insulation
• .016 Aluminum Jacket with banding and wings seals
• 1 support every 10ft. Similar to the support on existing chilled water system
• Crane support
• Plywood coverage for roof protection
• Labor
Exclusions:
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-2
Key West International Airport
Customs Terminal Security Enhancements —Phase I
Roofing contractor to install supports and patch roof. Crane must be able to set up on public side of
building. No special permits are acknowledged for crane work around airfield. No wall penetrations
are acknowledged. No Metal support between buildings.
6" STD Domestic Weld 90 ELL $753.40/ea. price includes the following:
• Fitting
• 2 welds
• Factor Fabricated 6" x 2" wall Foam glass 90
• #37 Aluminum 90
• Caulk sealant
• Labor
6" STD Domestic Weld TEE $ 1,291.08/ea. price includes the following:
• Fitting
• 3 welds
• Factor Fabricated 6" x 2" wall Foam glass Tee
• Field fabricated Aluminum Jacket covering with banding and wings seals
• Caulk sealant
• Labor
6" 1501b Domestic Weld Neck Flange 488.85/ea. price includes the following:
• Fitting
• 1 weld
• 1-6" Flange pack
• 10" x 2" Foam glass
• .016 Aluminum Jacket with banding and wings seals
• Caulk sealant
• Labor
6" Blind Flange $111.23/ea. price includes the following:
• Blind Flange
• 1-6" flange pack
• 10" x 2" Wall foam glass insulation
• .016 Aluminum Jacket with banding and wings seals
• Caulk sealant
• Labor
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-3
Key West International Airport
Customs Terminal Security Enhancements — Phase I
6" Lug Style Butterfly Valve $823.76/ea. price includes the following:
• Butter Fly valve
• 16 cap screws
• 10" x 2" Wall foam glass insulation
• .016 Aluminum Jacket with banding and wings seals
• Labor
6" Gate Valve $1,827.24/ea. price includes the following:
• Flanged gate valve
• 2- 6" flange packs
• 10" x 2" Wall foam glass insulation
• .016 Aluminum Jacket with banding and wings seals
• Caulk sealant
• Labor
•
• Fire Protection
o Install the clean agent fire suppression system in computer room 115
o Modify existing fire sprinkler system for the two new rooms and reception area
• Voice and Data
o Install an empty conduit system with pull strings at the reception desk area —
reference Attachment A Scope of Work Drawings T2.1.1
• Security
o Doors 101, 109A, 10913, 114, and 115 with all access hardware. This includes
card reader and request to exit sensors only. These doors will be tied to the
existing system and not to a new system as described in the original bid
documents
o Install the duress button and the under counter door release at the reception area
Project Management Director, Project Management
Monroe County Project Management Department
1100 Simonton Street
Second Floor — Room 2-216
Key West, Florida 33040
The Architect is: mbi I k2m Architecture, Inc.
1001 Whitehead Street
Key West, FL 33040
License No. AA26001059
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-4
Key West International Airport
Customs Terminal Security Enhancements — Phase I
The Owner and Contractor agree as set forth below.
A RTIC1,F 1
The Contract Documents
The Contract Documents consist of this Agreement, Request for Proposals and Response to
Request for Proposal, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement,
other documents listed in this Agreement, including all insurance requirements and
Modifications issued after execution of this Agreement: these form the Contract, and are as fully
a part of the Contract as if attached to this Agreement or repeated herein. 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.
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:
Scope of Work as specified in the Project Manual for this project, Section 00 30 00.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above, unless a different date
is stated below or provision is made for the date to be fixed in a notice to proceed issued by the
Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the
Contractor shall notify the Owner, through the Director of the Project Management Department,
in writing not less than five days before commencing the Work.
The Contractor shall achieve Substantial Completion of the entire Work not later than one
hundred eighty (180) calendar days after the date 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. A separate Notice To
Proceed will be given based on the Described Scope of Work (base Bid) and another for the
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-5
Key West International Airport
Customs Terminal Security Enhancements — Phase I
Chilled Water Piping. This is to be able to commence the base bid work prior to the completion
of the design for the chilled water piping.
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 the Project Management
Department's signature of approval on the Certificate of Substantial Completion. The liquidated
damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall
be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Three Hundred Five Thousand, Six Hundred Sixty Dollars
($305,660.00) for all of the work listed in the scope of work for phase 1.
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:
None.
4.3 Unit prices shall apply to the chilled water piping system as listed above under the
"Mechanical Section" of the scope of work for phase 1. Any additional unit prices shall be
agreed to in writing.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of the
Project Management Department, and upon approval for payment issued by the Director of the
Project Management Department 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.
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-6
Key West International Airport
Customs Terminal Security Enhancements — Phase I
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month.
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
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 the Project
Management or Architect may require. This schedule, unless objected to by the Director of the
Project Management Department or Architect, 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
retainage. 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 net cost to the Owner as indicated in the approved Schedule of Values for
that line item as confirmed by the Director of the Project Management Department. 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
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-7
Key West International Airport
Customs Terminal Security Enhancements — Phase I
5.6.4 Subtract amounts, if any, for which the Director of the Project Management Department
or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of
the General Conditions.
5.7 Retainage will be withheld in accordance with section 218.735 (8), Florida Statutes
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of the Project Management Department.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of The Project Management Department and Architect. Such final payment shall be
made by the Owner in accordance with section 218.735 (8), Florida Statutes.
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 Prompt Payment Act.
7.3 Temporary Facilities and Services: Temporary electric, water, sewer, communications
and any other temporary services as required for the uninterrupted operation of Customs and as
indicated in SECTION 01 50 00 TEMPORARY FACILITIES, shall be the responsibility of the
contractor. This means the Contractor will not interrupt the existing electrical, water, sewer
communication services for the Customs Operations. If power has to be turned off for safety
reasons, an official written outage request will be submitted to the Government for approval to
not disturb the Customs operations. Night work might be required to provide these outage(s).
The Contractor will be able to use the existing electrical and water for the duration of the project
at no cost. The Contractor will provide temporary toilets facilities and communications for its
workers. The remaining requirements of SECTION 01 51 00 TEMPORARY FACILITES will
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-8
Key West International Airport
Customs Terminal Security Enhancements — Phase I
not apply to this contract. Furthermore, this will apply to only the areas of work described for
this Scope of Work.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the County or Clerk determines that monies paid
to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to
trial by jury.
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
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-9
Key West International Airport
Customs Terminal Security Enhancements — Phase I
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, court costs, investigative, and out-of-pocket expenses, as an award
against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
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.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no parry to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
5/1/2012 CONTRACT BETWEEN OWNER AND CONTRACTOR 00 50 00-10
Key West International Airport
Customs Terminal Security Enhancements — Phase I
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. County
or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color
or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, and the Monroe County Code of Ordinances
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.
m) No Sol icitation/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
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contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this Agreement; and the County shall have the right
to unilaterally cancel this Agreement upon violation of this provision by Contractor.
o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Owner 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.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
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under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his
or her individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
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 singing any such counterpart.
v) Hold Harmless. Notwithstanding any minimum insurance requirements prescribed
elsewhere in this agreement, the Contractor covenants and agrees that he 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 in any tier or other invitees during the term of this Agreement,
(B) the negligence or willful misconduct of Contractor or any of its employees, agents,
contractors in any tier 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 their employees, agents, contractors
or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement.
In the event the completion of the project (including 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 and South Florida Water Management District from any
and all increased expenses resulting from such delay.
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Customs Terminal Security Enhancements — Phase I
In the event the completion of the project (including 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.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) 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 an additional insured.
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.
Special Conditions, if any are detailed in Section 00 99 00 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
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.
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9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated December 14, 2011.
9.1.4 The Specifications are those contained in the Project Manual dated December 14, 2011.
As listed in Table of Contents, Section 00 01 10 of the Project Manual for this project.
9.1.5 The Drawings issued by the Architect for the construction of the KEY WEST
INTERNATIONAL AIRPORT, CUSTOMS TERMINAL SECURITY
ENHANCEMENTS — PHASE 1.
9.1.6 The Addenda, if any, are as follows:
Number 1 - Date March 1, 2012 - Pages 1 - 10
9.1.7 The Alternates, if any, are as follows:
Those alternates to be accepted will be listed here.
END ALTERNATES
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows; Request
for Proposals and Response to Request for Proposal
BALANCE OF PAGE INTENTIONALLY LEFT BLANK,
SIGNATURE PAGE TO FOLLOW.
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This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to the
Project Management Department and Architect for use in the administration of the Contract, and
the remainder to the Owner.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
Date
Witness:
By:
Print Name:
Title:
Date:
STATE OF FLORIDA
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
CONTRACTOR
By:
Print name:
Title:
Date:
On this _ day of , 2012, before me, the undersigned notary public, Personally
appeared , known to me to be the Person whose name is
subscribed above or who produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for Key West
International Airport, Customs Terminal Security Enhancements — Phase 1.
Notary Public
Print Name
My commission expires: Seal
END OF SECTION 00 SA 00 M OE OU
RpR
OR
PEDR J. MERCAD
ASSISTAN COUNTY ATTO N
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