Item C45 C45
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: C45
2023-1540
BULK ITEM: Yes DEPARTMENT: Engineering Services
TIME APPROXIMATE: STAFF CONTACT: Debra London 305-852-7173
N/A
AGENDA ITEM WORDING: Approval of Amendment Ito the 1st Street and Bertha Street
Roadway Improvement Project construction contract between Monroe County and Zahlene Enterprises,
Inc., waiving the requirement for outstanding subcontractor releases to be submitted by the Contractor
in order to allow for final payment so the County can obtain the final FDOT Small County Outreach
Program grant reimbursement.
ITEM BACKGROUND:
On January 20, 2021, Monroe County executed a contract for construction for the lst and Bertha Street
Roadway Improvement Project with Zahlene Enterprises, Inc. (ZEI). The project is funded in part by a
Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) grant, which
requires the County to submit the final invoice on the project within 120 days of final completion.
Substantial completion occurred on May 3, 2023, and FDOT final acceptance occurred on June 29,
2023.
ZEI has been unable to obtain releases from subcontractor(s) which are required by the contract
documents and the ongoing dispute resolutions with the subcontractor(s) have delayed the processing of
the final retainage invoice. The final invoice in the amount of$244,407.89 must be paid in full in order
for the County to request final reimbursement from FDOT for the grant by October 27, 2023.
In order to ensure that the grant agreement deadlines can be met and that the County can seek full
reimbursement for the Project, the County seeks to amend the construction contract to waive the
requirement for submittal of outstanding subcontractor releases, which will allow for final payment. The
amendment revises, amends or waives certain provisions of Article 9, Payments and Completion,
Paragraph 9.10.2 of Section 00750-General Conditions of the Contract for Construction, Paragraph 1.6
Final Payment Request of Section 01027 Application for Payment and the contract documents regarding
submission of subcontractor(s) releases. In all other respect, the Agreement dated January 20, 2021,
shall remain in full force and effect.
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PREVIOUS RELEVANT BOCC ACTION:
January 20, 2021 - The BOCC approved a construction contract with Zahlene Enterprises, Inc. for the
1st Street and Bertha Street(Key West) Roadway and Drainage Improvement Project in the amount of
$4,694,999.99.
CONTRACT/AGREEMENT CHANGES:
The amendment revises, amends or waivers certain provisions of Article 9, Payments and Completion,
Paragraph 9.10.2 of Section 00750-General Conditions of the Contract for Construction, Paragraph 1.6
Final Payment Request of Section 01027 Application for Payment and the contract documents regarding
submission of any outstanding subcontractor(s)releases.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Amendment 1 to ZEI - 1 st Street Bertha Street- Construciton.pdf
FINANCIAL IMPACT:
The Amendment will allow for the County to seek full reimbursement under the FDOT Agreement and
therefore has a positive financial impact.
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Amendment to Agreement for the 1" Street and Bertha Street Roadway
Improvements Project
THIS AMENDMENT 1 to the CONTRACT is entered into this 20th day of September 2023,
between Monroe County,whose address is 1100 Simonton Street, Room 2-216 Key West, Florida
33040,hereafter the "COUNTY" and Zahlene Enterprises, Inc., whose address is 11300 NW 97th
Avenue,Medley, FL 33178,hereafter referred to as "CONTRACTOR".
WHEREAS, on January 20, 2021,the parties executed a contract for Construction for the
Ist and Bertha Street Roadway Improvement Project("Project"); and
WHEREAS,this project is funded in part by the Florida Department of Transportation
(FDOT) Small County Outreach Program(SCOP); and
WHEREAS,the State-Funded Grant Agreement with FDOT for the SCOP funding provides
in part that the County must submit the final invoice on the Project within 120 days after completion
of the Project; and
WHEREAS,the Project reached substantial completion on or about May 3, 2023 and the
Scope of Work under the agreement has been completed and FDOT provided final acceptance for the
project on June 29, 2023,but the Contractor has been unable to obtain releases from subcontractor(s)
as required by the contract documents and the ongoing dispute resolutions with the subcontractor(s)
have delayed the processing of the final invoice; and
WHEREAS, in order to ensure that the grant agreement deadlines can be met and that the
County can seek full reimbursement for the Project, the County seeks to amend the Agreement to
waive the requirement for subcontractor releases to allow for final payment.
NOW THEREFORE, in consideration of the mutual promises contained herein,the
COUNTY and CONTRACTOR agree to amend or waiver certain provisions of Article 9,Payments
and Completion,Paragraph 9.10.2 of Section 00750-General Conditions of the Contract for
Construction,Paragraph 1.6 Final Payment Request of Section'01027 Application for Payment and
the contract documents regarding submission of subcontractor(s)releases,as follows:
1. The County hereby waives the requirements under Paragraph 9.10.2 and Paragraph 1.6
for Contractor to submit separate Subcontractor(s)releases and waivers of lien for any
outstanding subcontractor releases and waiver of liens.
2. In all other respect,the Agreement dated January 20,2021, shall remain in full force
and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in counterparts, each of which shall be deemed an original contract.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: By
As Deputy Clerk Mayor
Date MONROEgqCCvOUNTY ATTORNEY
(' n"4PIVRW Pr �Yr,A "
CHRISTINE LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
DATE:., 9023
(SEAL) ZAHLENE ENTERPRISES,INC.
Attest:
By: By:
Title: Title: y i L' e ��e'S�•Gj 2 "°
2
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