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09/21/2022 Agreement Kevin Mad* cpA ty Clerk of the Circuit Court& Comptroller Monroe Coun , Florida coo DATE: ()ctober 6, 2022 TO: Kevin G. NN'llson, 11'E Assistant County A(lininish-alor ATTN: stizaillic 11111m) Executive A(lininistralor FROM: 1"aincla G. Hand) .C SMECT: September 21" BOCC INIecting Auaclic(l is an electronic copy oftlic following itein 1'()r your 11m)(11111g: C26) Contract will) I'e(lro Falcon Electrical Conlractors, 1iic. lot- IED Ugliling Upgrade and Ceiling Tile Replacement at Big Pine Key Libra)}'. Contract amount is $12,998.00 aii(l mll be paid I'Min AincrIcaii Rescue Act Funding. Should you liave miN, questions please feel free to contact nic at (305) 292-3550. CC: County Attorney FilialiCe File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Nl�riway K6y,V6st, -1bndb33040 Marathon, Florida 33050 Plantation Key, Flohba 33070 SECTION 00500 AGREEMENT Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 21st day of September 2022 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Pedro Falcon Electrical Contractors, Inc., d/b/a Pedro Falcone Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 For the following Project: LED LIGHTING UPGRADE AND CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY Scope of the Work The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Provide all labor and materials necessary to replace all internal, fluorescent lighting fixtures at the Big Pine Key Library with new 24 inch by 24 inch LED drop ceiling flat panel light fixtures, Superior Lighting LPNG-2X2-4KLM50K or approved equivalent, and replace all existing ceiling tiles in existing locations. Light fixture/ceiling tile pattern and/or ratio shall be configured to ensure a pattern with no gaps in the ceiling or dark areas in the library. Each lighting circuit will be independently dimmable with a local switch. Dimmer switches may be rotary or slide type switches. Switches will be sized appropriately for each circuit. Contractor shall submit type of switch proposed for owner's approval. WARRANTIES 01740-Page 1 of 20 Work shall be coordinated with Library Managers to clear and secure the construction area and to keep the remaining portions of the site accessible and in operation throughout the construction process. The completed project will result in a complete, well-lit, library interior. There are no plans or construction drawings available with this RFP. All work involves replacing existing fluorescent fixtures with LED lights and fixtures and updating the ceiling tiles. It is recommended the contractor participate in the preproposal conference or conduct an independent site visit. The successful proposer will be required to complete the permit application on file with their appropriate company and contact information. Successful proposer will pay associated permit and inspection fees, as required by the county, necessary for completion of the project. The Contractor shall furnish all labor supervision, materials, power tools, equipment supplies, and any other means of construction necessary or proper for performing and completing the scope of work, unless otherwise specifically stated. The project will be considered complete when turned over to the County as a fully functioning LED-lit library that also includes all new ceiling tiles. The Contractor shall be responsible for complying with regulations, approvals, and permitting by all appropriate permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), 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 ARTICLE 3 Date of Commencement and Substantial Completion WARRANTIES 01740-Page 2 of 20 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 Sixty (60) 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 Facilities Maintenance'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. ARTICLE 4 Contract Sum WARRANTIES 01740-Page 3 of 20 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of: Forty-two Thousand Nine Hundred Ninety-Eight and 11/100 Dollars ($42,998.00), 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 Facilities Maintenance, and upon approval for payment issued by the Director of Facilities Maintenance 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. 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 Facilities Maintenance may require. This schedule, unless objected to by the Director of Facilities Maintenance, 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 WARRANTIES 01740-Page 4 of 20 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 Facilities Maintenance. 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 Facilities Maintenance 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 Facilities Maintenance. 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: WARRANTIES 01740-Page 5 of 20 A. Project Record Documents (As Built Documents). 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. WARRANTIES 01740-Page 6 of 20 7.6 The following items are included in this contract: 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 WARRANTIES 01740-Page 7 of 20 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 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. WARRANTIES 01740-Page 8 of 20 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. 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. WARRANTIES 01740-Page 9 of 20 k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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. WARRANTIES 01740-Page 10 of 20 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. (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. WARRANTIES 01740-Page 11 of 20 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 NO. 305-292- 3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 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 WARRANTIES 01740-Page 12 of 20 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. 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 equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. The limits of liability shall be as set forth in the insurance requirements included in Section 00130 herein. 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 WARRANTIES 01740-Page 13 of 20 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 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 Fla. Stat., Sec. 448.095, 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 WARRANTIES 01740-Page 14 of 20 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 Fla. Stat., Sec. 448.095. 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: For Contractor: Pedro Falcon Electrical Contractors, Inc. d/b/a Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 For Owner: Director of Facilities Maintenance Assistant County Administrator, PW& E 102050 Overseas Hwy., Suite 219 1100 Simonton St. Key Largo, Florida 33037 Key West, Florida 33040 Monroe County Attorney's Office 1111 12th Street, Suite 408 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. WARRANTIES 01740-Page 15 of 20 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 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 WARRANTIES 01740-Page 16 of 20 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: N/A b) Project Manual: N/A c) Specifications: N/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 Project Manual dated: N/A 9.1.4 The Addenda, if any, are as follows: Number Date Page(s) 1 July 21, 2022 2 2 July 28, 2022 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. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW WARRANTIES 01740-Page 17 of 20 µ the Contractor must be by a person with authority to bind the entity. kT, � F THE PERSON E)CECIJT!!VG THE DOCUMENT NiIJST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS .. tMadok, Clerk OF MONROECOUNTY, LO ! A y: ...� Rye s Deputy Cyr tit yor/Chairman Date Se MONWE COUNW ATFORNEYS OFFICE ptember2,1,2022 CONTRACTOR'S Contractor must providei , INC., signatures ! / INC. Signature:-". ,--, s r9tur . e - nc���,, u�mm�m�munmum '"'�"" �. � . mm rtt at.0 mly, Print Name, �! Print NarnejAMXk lVVA1eZff6 Title.,,,,,,„,,, ' ,.,,,, Cates ������������m���������� mm���� ����������������� ���������� ��m�, ,,,� �� ������������������� � ��� „ �� om, and Signature. a Prot INrsa Date: STATE w , COUNTY E MOAQ On that day of , 20ZI before meB the urud rsugn d rr t ry public, by rneans of Q physical presence r 0 online, personally aired ! (name of "6 rrt) known to me to be the person whose name WARRANTIES 1740-lugs 18 of 2 is ubscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for LED LIGHTING UPGRADE AND CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY for the purposes therein contained. ,yyaMrr.w" M OFF Notary Public: ' ass01 1107 Print Name: ..tl �ME m " 0a •. April 28. It25 My commission expires: (Se p' N y ',r11Ati45'"4'A. End of Section 00500 WARRANTIES 01740-Page 19 of 20 GENERAL REQUIREMENTS Where Facilities Maintenance 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 WARRANTIES 01740-Page 20 of 20 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SECTION 00120 NON-COLLUSION AFFIDAVIT Christian Brisson of the clty Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am as President of the firm of Pedro Falcon Contractors, Inc. the proposer making the Proposal for the project described in the notice for callIing for proposals for: LED Lighting Upgrade and Ceiling Tile Replacement For Big Pine Key Library 08/10/2022, Monroe County, Florida and that I executed the said proposal with full authority to do so; Z The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements,,contained in this affidavit are true and correct, and made with full knowl c! xf said pj,-.6ject, August 10, 2022 (Signatu'r6`of Proposer) (Date) STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of IK physical presence or El online notarization, on August 10, 2022 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as identification, C-\N A 61 P' MY Comm Expires April 19,2023 NOTARY PUBLIC No GG 313851 Z z J, I (SEAL) F" BLO- My commission expires:_ PROPOSAL FORM 00120-Page 30 of 220 LED LIGHTING UPGRADE & CEILING 1 ILE REPLACEMENT FOR BIG PINE KEY LIBRARY LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Pedro Falcon Contractors, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-.1990. For breach or violation of this provision the County may, in its discretion, -terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the -former County officer or employee". (Signature) Date: August 10, 2022 STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of N physical presence or 0 online notarization, on August 10, 2022 (date) by Christian Brisson (name of affiant). He/She is pesonalll� known to me or has produced (type of identification) as Arrrrrr fic identi ation. V% MY Comm.Expires 1/1 dwe� April 19,2023 NOTARY PUBLIC Na.GG 313851 Z �C, e (SEAL) E3,.L My commission expires: 7111 PROPOSAL FORM 00120-Page 31 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT ���� �N�� ���� N Q��� �� m���w m�m������w�w��m� m FOR ��w�� PINE ���� m m�m��m�m�.w� w IDRUG-FREE W011:WPLACE FORM The undersigned vendor in accordance with Florida Statute 287.007 hereby certifies that �adnm Fm|��n �mn1rm�twre Inc.� , (Name ofBusiness) / Publishes a statement notifying employees that the unlawful manufactune, disthbubon, dimpensing, pmneession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Z Informs employees about the dangers of drug abuse in the wmrkp|ace, the business's policy of maintaining a drug-free workplace, any available drug counseling, /ohabi|ibtion, and employee assistance pnograma, and the penalties that may be imposed upon employees for drug abuse violations, � 3, Gives each employee engaged in providing the commodities or contractual services that are under � proposal a copy cf the statement specified in subsection (1). 4. In the statement specified in subsection (1). notifies the employees that, aea condition ofworking on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conhendenm to, any violation of Chapter 8g3 (Florida Statutes)orofany controlled substance|avv of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5 Imposes a sanction on, or require the satisfactory participation in odrug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. S� Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement. / certify that this-firm-amVnes, Ully with the above requirements. Proposer's Signature Date FLORIDA COUNTY �ON�O� COUNTYOF-, Subscribed and awmm to (or affirmed) before me, by means of&0 physical presence or El online notarization, on August 1O. 2022 (date) by ChhatianBhasun (name ofaffian¢ ILED LIGHTING UPGRADE & CEILING TILIE REPLACEMENT FOR BIG PINE KEY LIBRARY LOCAL PREFERENCE FORM A Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of IBidder/Responder Pedro Falcon Contractors, Inc. [)ate: August 10, 2022 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 31160 Avenue C, Big Pine Key, FL 33043 Telephone Number: (305)872-2200 Ext. 26 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No, Pedro Falcon Will If yes, please provide: Self-Perform All Work. 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1)year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) n/a Tel.Number n/a Add;ppV-?,/�L_, / ��Z`l Print Name: Christian Brisson Sign-afLde"a`nd'V[1e of Authorized Signatory for Bidder/Responder STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or 11 online notarization, on August 10, 2022 (date) by Christian Brisson (name of affiant). He/She is p2rsonp%LknQW-, or has produced (type of i ' identification as identification. OTA�? My Comm Expires gy April 19,2023 NOTARY PUIBLlC No GG 313851 cr(SIEAL) My commission expires PROPOSAL (FORM 00120.-I)age 33 of 220 UPGRADELED LIGHTING CEILINGI REPLACEMENT FOR BIG PINE KEY LIBRARY PUIBI,,,,,IC E'N"'rITY CRIII 'IE STA"t"'IEMEN"'f "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime rr'nay not subn'nit a bid on a contract to 1proviide 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 lbuiilding or public work, may not subirrnit bids on leases of real property to public; entity, may not Ike awarded w perform work as a contractor„ supplier, subcontractor, or CON rll:RAC FOR under a contract with any public entity, and may not transact business with any public entirely in excess of the threshold amount provided sn Section 287.017, 11::-lloriida Statutes, for CAI-EGORY I WO for a 1period of 36 months frorn the date of being 1placed on the convicted vendor list." l have read the above and state that neither Pedro Falcon Contractors, Inc. (Froposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months, (Signature) Date: August 10, 2022 STATE O : FLORIDA COUNTY OF: ON OE Subscribed and sworn to (or affirmed) before me, by means of© physical presence or ❑ online notarization„ on August 10, 2022 (date) Christian Brisson by (name of of iant). He/She is personally known to me or has produced (type of identification) as identification, Ayg'�yY 41 ell#I�yd�y/ Tw"4"Fg � vN ,, ,,,r�" d'y, �� .; a^ • NOTARY" PUBLIC My fly it 19 2023 (SEAL) No.ea aisa,5i My commission expires PROPOSAL FORM 001 z -Page 34 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY VENDOR CER 11FICATIOIN REGAR11')ING SCRU I INIZED COMPA114IIES I IS I S LED Lighting Upgrade and Ceiling Tile Replacement For Big Pine Key Project Description(s),Library 08/10/2022, Monroe County, Florida ida _ .......... Respondent Vendor Name, Pedro Falcon Contractors, Inc. Vendor Fl:..:..:1N. 59-2550231 Vendor's Authodzed Representative Name and Title. Christian Brisson, as President Address: 31160 Avenue C City: Big Pine Key —State: FLORIDA zip, 33043 Phone Number (305)872-2200 Ext. 26 Ernail Address. cb@pedrofaIcon.com .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Christian Brisson, as Secretary Certified By: who is authorized to sign on behalf of the above refer en, e ,,c compa Authorized Signature - Print Name. Christian Brisson Title-, as President Note: The List are available at the following Department of Management Services Site: httQJ/yiww dens rnyflorida,corn/busmeLs_a r2t� ns/se urchastrigvendor � f6iM mati I1/c 11l _c Le( us ended _L ended djs�n urnjna Lo�,j omm,, la nts vendor lists . _f PROPOSAL FORM 00120- Page 35 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address � of AppIllicalbIle.. l ediro IF llCOIn Contractors, Inc. VVII1111 SCllf eirfoIrim all work. PROPOSAL FORM 00120- Page 36 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Facilities Maintenance a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR BIG PINE KEY LIBRARY LIGHTING AND CEILING TILE UPGRADE BETWEEN MONROE COUNTY, FLORIDA AND II:'ediro Il::a cairn Contractors, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY GENERAL LIABILITY INSURANCE REQUIREMENTS FOR BIG PINE KEY LIBRARY LIGHTING AND CEILING TILE UPGRADE BETWEEN MONROE COUNTY, FLORIDA AND II:Aediro Il::allcoirn Contractors, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $500,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR BIG PINE KEY LIBRARY LIGHTING AND CEILING TILE UPGRADE BETWEEN MONROE COUNTY, FLORIDA AND II:Aediro Il::allcoirn Contractors, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $5000,00 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat., Sec. 255.05. 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 220 LEID I JGHTING UPGRADE & CEILING TILE REIIPLAC III MIII IN F FOR BIG II PINE II KEY (,,,,,,III III 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 equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. 'The limits of liability shall be as set forth in the insurance requirements included in Section 00130 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circurnstances that occur during the term of this Agreement, this section will survive the expiration of 11he term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambigufty in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indernnify 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. STATEMENT I understand the insurance that wili be mandatory if awarded the contract and will cornply in full with all of the requirements herein. i -fulllly accept the indemnification and hold harmless and duty to defend as set out in this proposal. "oe 00 Christian Brisson FIROPOSER Signature HNSUI"�ANCE Ri::.::QU1RE1MENTS AND FORIMS 00130-Page 43 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability $2,500 Excess Liability N/A Liability policies are X Occurrence Claims Made Bowen, Miclette & Britt of FL W- ............... Insurance Agency Signature End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00 130- Page 44 of 220 R CERTIFICATE OF LIABILITY INSURANCE =818/2022 YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT Bowen,Miclette&Britt of Florida,LLC PHONE Michelle Ruskin FAX 1020 N.Orlando Avenue, Suite 200 407 647-1616 Arc Nn: 407 628 1635 Maitland FL 32751 ADDEss: mrushing@bmbinc.com INSURER S AFFORDING COVERAGE NAIC 0 INSURER A:Amerisure Mutual Insurance Com an 23396 INSURED PEDROFALCO INSURERB:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors,Inc. 31160 Avenue C INSURER C:National Union Fire Ins Co of Pittsbur 19445 Big Pine Key FL 33043-4516 INSURER D:Amerisure Insurance Com an 19488 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:516041720 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLSUBRI POLICY EFF POLICY EXP LIMnS LTR POLICY NUMBER MMlD MMfDDfYYYY RA LIABILITY Y Y 00123482m0 11r2/2027 IIrMO2 EACH m,. CURRENCE S 1, 000 B COMDAMAGE TO RENTED CLAIMS-MADEE�„X]OA CUR I ( PREMISES Ea oocurrence S 100,001) f r MED EXP(Any one person) $5.000 PERSONAL S ADV INJURY $1.000,000 POLICY X JE® S PER GENERAL AGGREGATE 52,000,000 OEN L AGGREGATE LiIMIT APPLlE • ♦_ LC1C PRODUCTS-COMPIOP AGG S 2,001),000 OTHER. S D AUTOMOBILE LIABILITY Y Y CA209293906 11 fMO21 11rM022 COMBINED SINGLE LIMIT S Ea sodden{ 11.000 000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Peraccident) S AUTOS AUTOS HIREO AUTOS AUTOS NON-OWNED PROPERTY amdentDAMAOE S C UMBRELLA LIAB X OCCUR Y Y FOU020773781 111rM021 11 O22 EACH OCCURRENCE S 5. X EXCESS LIAR CLAIMS-MADE A REGATE $5.000,000 DED I I.RETENTIONS S A WORKERS COMPENSATION Y WC209452607 11rh2021 11f2,°2022 X STATUTE E H- AND EMPLOYERS'LIABILITY Y r N ANY OFFICERIMEMBER EXCLUDED?PROPRIETORIPARTNERPEtECUTIVE a N f A E,L EACH ACCIDENT $I.OD0,000 {Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E,L DISEASE e POUCY LIMIT $1.000.000 DESCRIPTION OF OPERATIONS d LOCATIONS f VEHICLES(ACORO 101„Additional Remarks Schedule,,may be attached If mom space Is#squired) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed bellow are available by emailing: cerbficates@bmbinc.com When required by written contract,those parties listed in said contract,including the Certificate Holder„are added as additional insureds with respect to the General Liability including ongoing and completed Operations„Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements.. When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Umbrella See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF„ NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The Monroe County Board of County Commissioners 1100 Simonton St.,Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 ZAAZ,4101 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#- A O ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen,Miclette&Britt of Florida,LLC Pedro Falcon Electrical Contractors,Inc. 31160 Avenue C POLICY NUMBER Big Pine Key FL 33043-4516 CARRIER NAIC CODE EFFECTIVE DATE' ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract,including the Certificate Holder. The General Liability and Umbrella Liability certified herein are primary and non-contributory to other insurance available,but only to the extent required by written contract. Certificate Holder includes:The Monroe County Board of County Commissioners,its employees and officials RE:LED Lighting Upgrade and Ceiling Tale Replacement for Big Pine Key Library ACORD 101 (2008101) 0,2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD