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04/19/2023 Agreement Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual S E C T I O N D CONTRACT Relocate Automated Surface Observation System (ASOS) Florida Keys Marathon International Airport THIS AGREEMENT made and entered into the 19th day of April, 2023 by and between Pedro Falcon Contractors Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Relocate Automated Surface Observation System (ASOS) Florida Keys Marathon International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within sixty(60)calendar days from the Notice-to- Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of One million two hundred seventy thousand nine hundred sixty-nine dollars and sixty-five cents ($ 1,270,969.65 ) 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various CONTRACT II-1 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. 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. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 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, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. 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 CONTRACT II-2 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 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, of the Florida Statutes, running from the date the monies were paid by the County. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 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 CONTRACT II-3 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual 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. 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 (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY- L.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: The successful Respondent 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 (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of , or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) 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 Respondent or any of its CONTRACT II-4 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual employees, agents, contractors or other invitees during the term of the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or omissions, or other wrongful act or omission of Respondent or any of its employees, agents, sub-contractors or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms the 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 Respondent). 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 Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the 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 from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further CONTRACT II-5 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Beth Leto, CPM Deputy Director, Airport Finance & Admin. Key West International Airport 3491 South Roosevelt Blvd. Key West, FI. 33040 FOR CONTRACTOR: Christian Brisson, President Pedro Falcon Contractors Inc. 31160 Avenue C Big Pine Key, FI. 33043 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: 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. 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. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared CONTRACT II-6 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual 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. 17. ATTORNEY'S FEES AND COSTS: 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 attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. 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 COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. 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. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. 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. 22. 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 CONTRACT II-7 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual 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. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: 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. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. 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. 26. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. CONTRACT II-8 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual 27. NON-DISCRIMINATION: Contractor agrees 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. Contractor agrees 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 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) 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. CONTRACT II-9 Jacobs Florida Keys Marathon International Airport February 2023 Monroe County Relocate Automated Surface Observation System(ASOS) Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT II-11 Jamnha Florida Keys Marathon International Airport OcNber20Z2 Monroe County Relocate Autwmmted Surface Observation System (/\S()S) Bid Documents Project Manual SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087. hereby � certifies that: Pedro Falcon CC}Ofrarfo[s' Inc, (Name of Business) 1. Publish m statement notifying employees that the unlawful mnanufacture, diothbudon, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free VVorhp|aC8, any available drug counse|ing, rehabilitation and employee assistance programs and the penalties that may beimposed upon employees for drug abuse violations, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as o condition of working mn the commodities mr contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer ofany conviction of or p|ae of guilty or no|o cnnhandene to any violation of Chapter 883 (Florida Statutes)orof any controlled substance law ofthe United States or any state for aviolation occurring in the workplace no later than five (5) days after such conviction. 5. |nnpmee o sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's oornmnundv or any employee who is so convicted. G Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As a person authorized to S|gM the statement, | above requirements. Bidder's Signature [}mbe: January 11 2023 B\0004G REQUIREMENTS AND CONTRACT FORMS 1-24 � Jacobs Florida Keys Marathon International Airport Outober20Z2 Monroe County | RelocateANomated Surface Observation Byotem( \S0B) � Bid Documents Project Manual � SECTION G DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts, Grants.-Loans and Cooperative Agreement's The undersigned certifies, to the best of his or her knowledge and belief, that: /1\ No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any o0ency, a member of Congneoa, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal cnntnact, the making of any Federal Grant, the making of any Federal |oan, the entering into of any cooperative agreements and the extenaion, continuation, nenevvo|. amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agancy, a member of Congress, an officer or employee of Congress or an employee of a member of Cmngmyea in connection with this Federal contract, Grant. |oan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure ofLobby Activbiea^. in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the axvond documents for all sub-awards at all Uenu (including oubcontnactm, sub-grants and contracts under Grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is m prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U.S. Code. Any person who fo||o to file the required certification shall be subject to a civil penalty of not |eao than $10.000 and not more than $100.000 for each such failure. ��igne�� ~� []ated�J�O�� 11 �O�� BIDDING REQUIREMENTS AND CONTRACT FORMS 1'20 Jacobs Florida Keys Marathon International Airport October-1022 Monroe County Relocate Automated Surface Observation System (ASOS) Bid Documents Project Manual SECTION L SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No, for Florida Keys Marathon International Airport Relocate Automated Surface Observation System(ASOS) 2, This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is 31160 Avenue C Big Pine Key, FL 33043 and (if applicable) its Federal Employer Identification Number(FEIN) is: 59-2550231 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Christian Brisson and (please print name of individual signing) my relationship to the entity named above is President 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes., means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a BIDDING REQUIREMENTS AND CONTRACT FORMS 1-36 � � | Jacobs Florida Keys Marathon International Airport Ootober2022 � Monroe County Relocate /\uLonoatod8ur6ae Observation 8yotcm(&8(}S) Bid Documents Project Manuo| result Dfa jury verdict, non-jury trial Or entry Dfaplea of guilty Drno|VcoOtend8nm. 6, | understand that an "affiliate", as defined in Paragraph 287.133(1)(a). Florida Statutes, means: a. A predecessor Vr successor Vfa person convicted nfapublic entity c[jnle'. Or b. An entity under the control uf any natural person who io active inthe management of the entity and who has been convicted of public entity crime. The term "affiliate" includes those officers, directoro, exenutives, padnera, mhanmho|dera, enmp|oyeea, members and agents who are motive /n the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person orapooling of equipment or income among persons when not for fair market value under an orm'e length agnoennent, aho|| be a prima facie case that one person controls another person. Apenson who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36months shall be considered an affiliate. 7� | understand that a "person", as defined in Paragraph 287.133(1)(e), Florida lStatu1es,,_MOe8Ds any OBtu[8| person or entity organized under the |axvS of any state or of the United States with the |aQa| power to enter into a binding contract and which bide or applies to bid on contracts for the provision of goods or een/icaa let bya public entity or which otherwise transacts or applies totransact business with o public entity. The term "person" includes those mfficere, directors, executives, partnero, mhanahm|dera, ernp|myeeo, members and agents who are active in management of an entity. 8. Based on information and be|ief, the statement which | have marked below iotrue in relation to the entity submitting this sVVOrD statement. (Indicate which statement applies.) V Ne0leY the entity submitting this sworn statement nor any of its of5ceno, dire{tors, execUdVes, partDers, shaPeho|ders, employees, members Or agents who are active in the management Vfthe entity, nor any affiliate of the entity has been charged with and convicted qfgpublic entity crime subsequent to July 1' 1989. The entity submitting this sNV[O statement or one or more of its ufhcers, dinecto[S, execVtiVes, p8rtners, shaneho|de[s, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of 8 public entity crime subsequent to July 1 , 1989' AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 Jacobs Florida Keys Marathon International Airport Octobmr2U22 Monroe County Relocate Automated Surface Observation 8ystem(AS0S) Bid Documents Project Mauuu7 Final Order entered by the Hearing Officer did not place the person or affiliate_onthe convicted vendor list. (Please attach a copy nfthe Final (]ndec) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the � hearing officer determined that it was /n the public interest to remove the � person or affiliate_from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action token by or pending with the Department of General Services.) Signature of Aut ChristiaOBrisson President January 11 2023 Title Date NOTARIAL JURAT STATE OF: FLORIDA COUNTYC)F� MomnoE Subscribed d sworn to (or affirmed) ofQphysical presence or[] online (name of affiant). He/She is pf!rsoi1qljy known to me or has produced (type Vfid tih KGNNEKH SVGLEP,|1 .tNotary Public state of Florida Cmmmo#HH189075 p"'Va is Exp\mesW/26/2025 BIDDING REQUIREMENTS AND CONTRACT FORMS I-38 Jacobs Florida Keys Marathon International Airport October 2022 � Monroe County � Relocate 4uiomated Surface Observation System (&S0S) � Bid Documeota Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ����F� ���|��� ��gMt���f��� Inc.Pedro Falcon Contractors,^ ' 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. 10-1990 or any County officer oremployee in violation of Section 3of Ordinance No. 10-1980. For breach orviolation of this provision the County may, in its diooretion, 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 nremployee. Date- January 11 2023 NOTARIAL JURAT STATE OF: FLORIDA COUNTYCJF� MONROE Subscribed and ovvonn to (or affirmed) before nle, by means of19 physical notarization, on 8teAbx (name OfaffianU. He/She is personallyy known to me or has produced (type of identification) msidentification. =�---'' NotarYPu#Vc state of Florida C��mm�H�l���� ���s8/2��� BIDDING REQUIREMENTS AND CONTRACT FORMS 1'39 � Jacobs Florida Keys Marathon International Airport Octohcr2822 Monroe County | Relocate Automated Surface Observation System(ASOS) � Bid Documents Project� , SECTION Q NON-COLLUSION AFFIDAVIT ChriohonBhoonn |. . of the City of Little Torch Key , ocnmnd/n0 � to law un my oath, and under penalty wfperjury, depose and say that: 1) 18nn ppamimem1 of the firm of Pedro Falcon Contractors_,_Inc. the bidder making the bid proposal for the project described in the Notice for Calling for bids for:Florida Keys Marathon International Airport Re ooate Automated Surface Observation System (ASDS) and that | executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without mo||uaion, conau|bsUon, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder orwith any competitor; 3) Unless otherwise required by |avv, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid o9enin0, directly or indineot|y, to any other bidder orbm any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other penoon, partnership or corporation to eubmit, or not to aubnnit, o bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe C9 relies upon the truth of the statements contained in this affidavit in (Signature of the Bidder) (Date) NOTARIAL JURAT STATE OF: FLORIDA K80N�OE COUNTYC]F� Subscribed d sworn taffirmed) means of[K physical [] online notarization, (date) by (name mfaffianU. He/She | M known or has produced (type mf identification) aeidentification. NotarY Public BIDDING REQUIREMENTS AND CONTRACT FORMS vtl 4 state wYFlorida 1-48 Comm#HH1@9875 Exqims0/26/3O25 Jacobs Florida Keys Marathon International Airport October 2022 Monroe County Relocate Automated Surface Observation System (ASOS) Bid Documents Project Manual SECTION T VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s)fRelocate Automated Surface Observation System (ASOS)Florida Keys Marathon International Airport Respondent Vendor Name: Pedro Falcon Contractors, Inc, Vendor FEIN:59-2550231 Vendor's Authorized Representative Name and Title:Christian Brisson, as President Address: 31160 Avenue C City: Big Pine Key State: Florida Zip: 33043 Phone Number: 305.8722200 Email Address: cb@pedrofalcon.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.. Certified By:_., Christian Brisson who is authorized to sign on behalf of the a iove Wer, c�e'd Authorized Signature: 4." Print Name: Christian EMW6� Title: President Note: The List are available at the following Department of Management Services Site: htt %YW (1111S nivIlorida.com/bu. �L)iLs_/ ate u�chasing/vendor SLIS s�u — Derided qlLiscrinihnato , gcLTj1l)Iqi tits vendor lists BIDDING REQUIREMENTS AND CONTRACT FORMS 1-51 712/19/2022 E(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 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 lieu of such endorsement(s). PRODUCER CONTACT NAME: Michelle Rushing Bowen, Miclette&Britt of Florida, LLC PHONE 407 647-1616 FAX No:(407 628-1635 850 Concourse Parkway S A/C No Ext: ( ) ) ML Suite#105 ADDRESS: mrushing@bmbinc.com Maitland FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Amerisure Mutual Insurance Company 23396 INSURED PEDROFALCO INSURERB:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors, Inc. INSURERC: National Union Fire Ins Co of Pittsburg 19445 31160 Avenue C Big Pine Key FL 33043-4516 INSURERD:Amerisure Insurance Company 19488 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 156663997 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 INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-1 11/2/2022 11/2/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y Y CA209293908 11/2/2022 11/2/2023 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident C UMBRELLA LAB X OCCUR Y Y EBU020773781 11/2/2022 1/18/2023 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE Not required AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WC209452608 11/2/2022 11/2/2023 X STATUTE OERH AND EMPLOYERS'LIABILITY Y/N Y� ANY PROPRIETOR/PARTNER/EXECUTIVE ,i� 16K E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) ❑ ,� " ""'^^ E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below 13y, E.L.DISEASE-POLICY LIMIT $1,000,000 . 10 . 23 w DATI karts DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 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 below are available by emailing: Contact Name shown above. 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. Monroe County Board of County Commissioners 1100 Simonton Street Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACOOR 0 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. Jobsite: Florida Keys Marathon International Airport Job Description: Relocate Automated Surface Observation System ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#00 123482-1 Effective Dates: 11/02/2022-11/02/2023 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izat io n(s): Location(s) Of Covered Operations Where required by written contractor written agreement All operations of the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An lins,ured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in, the Schedule, but only sions apply: with, respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection, with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in, the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been,completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organiization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 Policy#00123482-1 Effective Dates: 11/02/2022-11/02/2023 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR. CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE FART SCHEDULE Name Of Additional Insured Person(s) Or Or aniation s Location And Description Of Completed Operations Where required by written contractor written agreement All operations of the Named Insured. Information required to complete thiis Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or "property dam- age" caused'„ in whole or in, part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1