Loading...
Item P4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 15, 2000 Division: County Attorney Bulk Item: Yes No AGENDA ITEM WORDING: Request for authorization for the County Administrator to enter into, on behalf of the County, an agreement for the partial continuation of work on the Gato Building (completion of the roof) and to purchase hurricane resistant windows for the Gato Building directly from the manufacturer. The reasons for this request are explained in the attached letter to the public construction bond surety of Lodge Construction. ITEM BACKGROUND: The County previously entered into a contract with Lodge Construction on 7/21/99 for the rehabilitation of the Gato Building. Lodge terminated its contract with the County in February, 2000. ' PREVIOUS RELEVANT BOCC ACTION: See above. STAFF RECOMMENDATION: Approval. TOTAL COST: BUDGETED: Yes No Cost to County: (Included in existing construction contract.) APPROVED BY: County Attorney X To Follow Not required DIVISION DIRECTOR APPROV A DOCUMENTATION: 'nclu AGENDA ITEM # I - 1JL/ COJ!~ ofM~~E BOARD OF COUNTY COMMISSIONERS MAYOR, Keith Douglass, District 4 Mayor Pro Tem. Jack London, District 2 Wilhelmina Harvey, DistrIct 1 ShIrley Freeman, DistrIct 3 Mary Kay ReICh, DIstrict 5 County Attorney, 502 Whitehead Street Third Floor Key West, FL 33040 (305)292-3470 March 3, 2000 ',\ Certified Mail RRR Lodge Construction, Inc. 2161 McGregor Blvd. #B Fort Myers, FL 33901 American Casualty Company of Reading, Pennsylvania Attn: Mr. Tom Moses CNA Plaza, Chicago, IL 60685 RE: Declaration of Default Dear Sirs: Pursuant to the Public Construction Bond and the provisions of Paragraph 12.2.2 of the Contract for Construction of the Gato Building County Offices, a Contractor Default is declared. The reasons ,for this declaration are: lodge Construction's wrongful Notice of Termination dated February 2, 2000; its subsequent abandonment of the job; its prior default in the Agreement of July 21, 1999 by failing to fully mobilize the laborers, materialmen and suppliers to progress the work; failure to timely prosecute the project; failure to perform project construction in a competent manner; and for other good and sufficient reasons as appear at the site and in the Architect and Construction Manager's observations and reports. The County files are public records for your Inspection and clearly show th~ grounds for default and termination. The owner, Monroe County, hereby agrees to pay the balance of the contract price to the Surety or to a contractor selected to perform the Construction Contract Time is of the essence as site conditions show high risk of security, exposure, deterioration and the necessity of coordinating the work with the State's Contractor, D.L. Porter. In addition, the County is suffering damages for delay. American Casualty Company is urgently requested to take prompt action pursuant to the Public Construction Bond. You may contact Steve Piazza, Construction Manager at 305/292-4429 for any information or follow-up. J MES T. H NDRICK ounty Attomey JTH~eh e OUNTyoLMONROE KEY WEST ~ :~ORIDA 33040 County Attorney's Office 502 Whitehead Street Third Floor, Rear Key West, Florida 33040 (305) 292-3478 Mr. Tom Moses American Casualty Company of Reading, Pennsylvania CNA Plaza Chicago, Illinois 60685 r---- BOARD OF COUNTY COMMISSIONERS MA YOR Wilhelmina Harvey, District I Mayor Pro Tem Shirley Freemart, District 3 George Neugent, District 2 Nora Williams, District 4 Mary Kay Reich, District 5 " March 9, 2000 RE: Declaration of Default Principal: Lodge Construction Obligee: Monroe County, Florida Project: Gato Building County Offices - Key West, Florida Dear Mr. Moses: Pursuant to a letter from this office dated March 3, 2000, you were notified that in accordance with the terms of the contract between Monroe County and your principal, Lodge Construction, and the terms of the Performance Bond fumished by American Casualty and Lodge to the County, the subject contract was terminated due to a material breach by Lodge Construction. As you are aware, the work of Lodge Construction was proceeding simultaneously with the work of another contractor, Le., D. L. Porter Construction, which was hired by the State of Florida to perform work on the subject project. Monroe County has been advised by the State of Florida that the default and termination of Lodge will have a significant impact on the ability of D. L. Porter to continue to perform work on the project. This impact will in turn further impact the County, as more specifically addressed below, from both a financial and practical standpoint. The County has been advised that pursuant to the lack of performance by Lodge Construction prior to its abandonment of the project, D. L. Porter will have to cease performing work as of next Friday, March 17, 2000, as all available work will have been completed. If such cessation becomes necessary, the County will incur additional expense for demobilization and any remobilization by D. L. Porter. Mr. Tom Moses March 9, 2000 Page 2 Additionally, a portion of the work on this project is being funded through a FEMA grant, which grant will be removed if certain work is not completed expeditiously. Finally, if work by Porter is stopped too long, the funding for the entire project may be jeopardized. Obviously, the County, for practical purposes, as well as to fulfill its legal obligation to mitigate damages, cannot allow the situation to proceed to the point of D. L. Porter demobilizing from the project. Accordingly, pursuant to the demd'nd that was contained in the letter of March 3, 2000, such demand is herein renewed, and a further demand for an expeditious review of the situation by American Casualty is hereby made. The County must receive a response from American Casualty as to its intentions and plans for completing the work on the project, prior to next Friday, March 17,2000. Pursuant to its obligation to mitigate damages, the County will take action to prevent D. L. Porter from demobilizing, and any and all additional action to mitigate damages and to further the completion of the project. Of course, should such action by the County become necessary, the County reserves all of its rights against both Lodge Construction and American Casualty Company of Reading, Pennsylvania, for all damages, costs and/or expenses that are incurred as a result of the default by Lodge Construction. The County's staff will make themselves available for the remainder of this week and early next week to meet and/or discuss with you the status of the project contractually. As requested in your letter of March 8, 2000, we are furnishing you herewith a copy of all the documents in our file within the scope of your request. The documents are listed on the enclosed sheet titled Documents Delivered to American Casualty Company by County Attorney's Office. To the extent that our file may be incomplete, we have requested and will immediately forward to you such additional documents as may be contained in the files of the County's Director of Construction. However, the enclosed documents should enable you to evaluate the situation and to respond promptly to this most urgent matter. The County will anticipate receiving a response from American Casualty by next Thursday, March 16th, so that"appropriate measures can be planned and instituted in light of Porter's notification concerning the March 17th date. Should you have any questions with respect to this information, please contact the undersigned. We will look forward to hearing from you by the date specified above. SlncerelY'r.N Ja es T. Hendnck C unty Attorney JTH:~ Enclosures cc: County Administrator Ira Libanoff, Esq: Steve Piazza Jose Gonzalez ;:;a~ -;:.... a .. ... .>-~~ . .S ~ 11 ~ S l'O<= o"'~ .. :a :~. E-4 "(;j ~ ..0, .... I .0...' ..-t3.o c: .0 .~ t- O +-' en 0) a: en - '"C ~. 15.0 I .0) ~:'..~. :5 en +--, 0) c: .,C 0) 0 0, +-', ce-;...' ,0 o ~, 'en .. +-' en ~ :>" ~ c;)'.i...',,,:,,,-::,. .: -'">. <~. .....,. . . r . .. .,' - '. ~~ _l I - ~ ~Q) ~~ Q) 0 ~~ %:2 t; ~ ii:-C: x~ (J lU >- 0 ra'8 ~-~~~~ ~~~'O~~-o~~~~V~Q~~~- fj' ... C ~ ~ ~ ~ ~:a ;> a ~ ...::g ;> ~ ~ c '" ~ ~ I)O....-:::.lol ~~~~~]~~ ~~~~ ~~"'S~~~~~~~ ~i~'~~1~ili~~~~~~~~8~~]1~~: ~ g< c:Q.e ~c:Q<..w~ ;.o<~ 0.0. ofI2.o.~'O~ ". ., >; z en ,~ ctS '"C ~ o - '00 +-' en t- q::: urbU =~'O~1;- =~2'O Ji] ~e lot ~ ~ of! ~... 0. ~:a ~ ~ :a... .ti~ ~s~~i 1)Q~t:...'O ,.8\l1;o.. ~~o.al:l' U'O>-o.s~ I ~ ~ '" ~. ~ 0. ::l ]6 l>.~ ] ~ 8:~ ~ ~.a:=.~ :;,g ""..d !>...=e~ >->....'0 "'... ~~'~ ~~~~~8 ~~o~ ~~ ;>\lIO ~1"':3 ...u......... "'.... ~ ~ . ~ . u 0 '" '" .-::::a.o e. .;.e-~ ~~..a~ ~I)O- .2 .~ ~ .g.t:: ~ s s -= u g '" ~ ~ - ~ 0 .- 0 ~ .... = ~ ~ .... ~g~ ]",eu'O~8~~~ ~~ o ~.tI ....-::: o.~ C.tl..d ~ 0 ~ '0.0 ~~"'::l Uo=~~"'...~~u ~~ 1iI'O ........Ot:lu::lO;>-~ .....d ........'O='O'O~o.a'ON=d~ ~... '0 9',S 0'; &e::g:=.s >-~,g ~ .~ = , j ~.s ~ .s '130. ~ ~ ~ ~ '5. ~ 8 a 0 ~ .!!! >-.... g -g '" ~ ::s. ~ .i ~ '" ~ '0 '0 ~~o...~=~o~u'O~'O~ ...~ ~ 00 u' '" .... ~ =..d..d.'" ~ c:Q 2..d ~ .... , = ~ \lI I .:'~.g= ~,U >.09'" ....~ ffi. oof!~~o~Si~~..d~R~ ~2 z dl'.....'~ ~ III \lI a ...~~ u 'i" ~ \lI- w'i;!' 0~~:a~1.-=1II ..........!>~... c:le E-t=~=~!IlN~\lI>-~elI..d~ "'s ~ CD ~ ,g t:: ~'>-,:o; r..: ~ ur.,4J ....!!P.!!P >- <Ii 2 0 ..... ~ ~'''' -'0 u~ elI~'" ~ u.... ~ - ~ :o.c: CD e t30S ell ell 2 ~ 0.... 1II..d~ ~"":.""' ?; (: , 0 a I)Q ~ ~"".o i ... J.~';: = :! 1;-"3 %.s >0 -;;;...('F~ ~.o 0 ~ g. ~....~ ;>:; 1:: '0 :a ~ ~ ra 2,t--= '< ~~ >< -g s.5 ~ ~ ~ 0 ~ 8- '>- 2i ~ gill zell':= ~ ~ 0 <ea ,~ao a- 0. CD '00 :o;l III~-:::= = ~.d ~ ~ ell ..5..' . .. . ...' ~ . " - tJ) . ~g ,~~' ,C,.. ,':" "U'~ '-~E '.E'c:.. >~i.~~'" " . ,0) 0,. 'E;~~;'.;/ ~:O) cu~ ,:~~,. :'C.s - i':~':,,-~:~;;: O).t=> . -'0 " tJ!.t) cu-~ ~-':2 0)'0 ~c:: < ':-:E~ . "L-. 0 . ;~.c:: '."6'8- '~....:E' tn. 0 ,,>O'1Q ":"0) ::,~~;, '.aB "'t) 00, c:ta. , ..., C'oI 00 ~ ~.. 5~ 8.= '?-~ E~ ~c3 bD ... e 0 ~~ 00 00 "'"- .. (J) 5-- ::3 0 CD 0 00 ..c ::3 <:.) 51 "t:bJ <:E ~ C3 ~ ~ .. "'i ..-.- .-/'~' ,-i: .. ~ ~ .," .,- =! "5,. '.... . hL .... . :..-., ~., Cigar museum In Keys' plans . . CIGARS. mOM 1E cigar factories - those that have survived - are slowly assuming central roles in the city's public li{e. "Those factories are like pyramids - they're still there to remind us of where it all came from," said Rafael Peiial- ver, the Miami attorney who is ,ok president of the San Carlos lrd Institute, a Key \v est museum 'ad and, cultural center that was ic- founded by Cuban cigar work- m- ers in 1871. Besides the Gato building, a 'ns former factory showcases a he lighting boutique with luxury ng apartments upstairs. To look at or The Ught Connection, on Tru- ~r- man Avenue and White Street, to you'd hardly guess it was a n- cigar factory - or drug store b- or car dealership, which also occupied the building. ar "The old lady next door said re it was a bordello for many ," years," said Jeff Erickson, who '. IS, renovated the building in the ea mid-I990s. ,k- EARLY HISTORY :r- Key 'West's entry into the js Cigar industry was early but je small William Wall opened the ct city's fIrst waterfront factory in 1831 and operated it until it 1n burned down in 1859. n- It was Samuel Seidenberg, 01 an immigrant from Germany, es who foresaw Key West as a ,(e cigar capital and built the fust :e. large factory"La Rosa Espanola, Ip in 1867. It was a three-story u- wooden structure, said Glenn "s Westfall, a historian who has researched the industry in Flor- le ida. i'Y The floodgates opened in 'h 1868, when Cuba was engulfed k- in the Ten Years War and fIght- at ing for freedom from Spanish ld rule. Thousands of men left so 's they would not be pressed into al service by the Spanish govern- ment. .' Gato's final factory, the build- ing under r,estoration at Vir- ginia. and Simonton streets In Old Town. The two-story structure includes 200 window openings. About 40 of the win- dows survived and are under , restOl1ltion in Tampa. The once-open floor plan, allowing the cigar selectors, rollers and pickers to work together, will be adapted for modern office use through glass' transoms above the inte- rior walls. The restoration pro- ject began last year, after the U.S. Navy decided it no longer needed the property and gave it to Monroe County. The restoration is a compli- PETER ANDREW BOSCH I HERALD STAFF ' cated task. starting with repair- LOTS OF LIGHT: Bill Rowan, an architect for Bender & Associates, iDg aIld replacing the concrete. checks work on the renovation of the 84-year-old Gato cigar .' "~ - ,The c8st-iron downspouts built factory; ,', ' ',' :' " :-::., inside the walls to drain water "Virtually overnight, Key leaders. . from the flat roof have rusted West ended up with several Perhaps the greatest of those and expanded, causing the con- thousand skilled cigar work- was Eduardo H. Gato, consid- crete around them to crack. ' ers," said Westfall, who chroni- ered one ,of the primary bWld- "They used really good cles the isi3nd's transformation ers. of Key West's cigar indus- cement for the structural part in his ,book. Key West, Cigar try. Gato, Westfall noted, wasofit," said Bill Rowan, an archi- City USA (Cigar City USA, Key West's greatest Cuban phi- tect with Key' West-based $19.95)., ., lanthropist, developing street- Bender & Associates, which is ,From a small island outpost car lines, power companies and overseeing the restoration. that depended on shipwreck donating his home as a hospital ,', To repair the damage, the salvaging and fishing, Key West ' When other manufacturers contractors are using tech- blossomed into a major port. By like Ybor fled Key West. for . Diques like the origiuaI builders 1876, 29 factories employed Tampa - they were fed up did, pouring concrete rather 2,100 workers, rolling 171,000 with tires, strikes and the difti- . than using modem-day con- cigars a daY. The population cu1ties of transporting cigars crete blocks. And the forms _ skyrocketed, from 688 in 1840 from the island - Gato the woodenoutUnes concrete is to 9,890 in 1880 to 18,080 by remained.. By World War I, poured into _ have been fash- 1890. From the end of the Civil Tampa had eclipsed Key West ioned out of boards l1lther than War through the 1890s, Key as the center of Florida's cigar plywood. That way, ,the fIn- West was the richest city, per industry - yet <;;ato built his ished areas will resemble the capita, in the state. last factory in 1916, after the old. with the boards' outlines "Manufacturers all over the previous structure burned visible. country would use the name down. Along with the county Key West on their cigars, even UNIFORMITY OF COLOR offices and health clinic, the though they weren't made in Gato factory will feature a Key West and weren't made Gato's factories were distin- museum showcasing the his- from Cuban tobacco," Westfall guished by double-decker rows tory of the island's cigar indus- said. To combat fraud, the city of windows with a large court- try. The Depression, the popu- came up with a seal to denote yard in the center. Natural larity of cigarettes over cigars island-made cigars. lighting was important, so sort- and the development of cigar- ers could distinguish. between rolling machines led to the CUBAN ENCLAVE 30 and 40 different colors of industry's demise by the 1930s. The cigar boom meant leaf. The sorting was impor- When the Navy took over the Cuban emigres played increas- tant, because part of the cigars' property for barracks during ingly important roles in civic prestige was the uniformity of World War II, the fornier Gato and political life. Almost a cen- color in a box. factory was vacant. tury before the Cuban exodus "It was an incredible artistic "There couldn't be a more to Miami, Key West had a process," Westfall said. "If it perfect location for a museum Cuban-American mayor, jus- was a cloudy day, the selectors dedicated to Key West's cigar tice of the peace, state legis la- didn't work." history," he said. "We've sort of tor and acknowledged civis:"\. . The lighting can be seen in come home, back to Gato:' , "'\, ~ nVPfs::ttion sPrvP~ ~~ in~nirA-ti()n t() n{)tAiI n)l:llTtlTrlo-ht STATE OF FLORIDA DEPARTMENT OF HEALTH FORM OF AGREEMENT BETWEEN CLIENT AGENCY AND AGENT STATE PROJECT NO.: DOH 95209100 STATE SAMAS CODE: 64-30-1-000314-64200000-00-084009-97 PROJECT NAME AND LOCATION: MONROE/KEY WEST COUNTY HEALTH DEPARTMENT GA TO BUILDING CLIENT AGENCY: COMMISIONERS MONROE COUNTY BOARD OF COUNTY RobertG. Brooks, M.D. Secretary Jeb Bush Governor AGREEMENT FOR SERVIC PQ.(Y\'. PJ-S. :5t-~p C. l -e. ( }<'j o (t3 i ()~l TIllS AGREEMENT made this , 5 ~ of ~ in the year Two Thousand BY AND BETWEEN THE DEPARTMENT OF HEALl _~.L J me.mo ' +0 be. cLirc;re CONSTRUCTION, hereinafter called the AGENT, and . t,() Co. M-tJf MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter called the CLIENT AGENCY. fA)/ (~. . O('jlnj +0 sfa.tt) rG ~ WITNESSETH, that whereas the CLIENT AGENCY intends to retain the services of the Agent to administer the construction administration of the Project as shown on Attachment I, NOW THEREFORE, the AGENT and CLIENT AGENCY, for the considerations hereinafter set forth, agree as follows: Article 1. The AGENT agrees to furnish or cause to be furnished services including, but not limited to, necessary consultants' services; administering the negotiation and the award of construction agreements to accomplish the work; and administering the agreements for construction. Article 2. The AGENT is authorized and requested to enter into agreement with architects, engineers and contractors, using the AGENTS forms and procedures, for the negotiation and construction of the Project, The CLIENT AGENCY understands and agrees that those agreements will designate the AGENT as the "OWNER" for the implementation of this work. Payments on such compensation will be made by the CLIENT AGENCY on approval of each payment by the Owner. The CLIENT AGENCY agrees that, although it will not execute those agreements, the agreements shall be deemed to be the agreements of the CLIENT AGENCY and the AGENT will not have responsibility to make payments on the agreements. Article 3, The CLIENT AGENCY agrees to designate a representative for the project to be solely responsible for all CLIENT AGENCY actions under this agreement; and who will receive, review and respond in a timely manner to all questions and requests from the AGENT; and to pay, within thirty (30) calendar days, all invoices approved by the AGENT and transmitted to the CLIENT AGENCY for payment, not exceeding the total budget of $ 46,404 00. Article 4, The AGENT does not guarantee that the project can be completed within the Total Budget of $ 46,404 00, but does agree not to commit funds in excess of $ 46,404 00 without mutual agreement and an Amendment to this Agreement authorizing such increase. Article 5. This Agreement may be terminated by either party upon seven (7) days notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fauk of the other. In the event of termination, the CLIENT AGENCY shall pay for all commitments made and due, Page 1 of 4 as a resuh of and in conformance with this Agreement (all Architect Agreements, Engineer Agreements, Construction Agreements, Authorizations, Amendments, etc.), up to the date of termination, including terminal expenses (in no case in excess of $46,404.00), Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CLIENT AGENCY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS State of Florida As Witnessed: By Apt'~tl F4" ~ ~ Wr9-17 (t'-of4i...;;-' J De p fA. tl c..le. (I<.. AGENT As Witnessed: APPROVED: By By Ron Walsh, Administrator For Florida Department of Health Office of Design & Construction Approved As To Form And Legality: By Department of Health, State of Florida Page 3 of 4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 15, 2000 Division: County Attorney Bulk Item: Yes No AGENDA ITEM WORDING: Request for authorization for the County Administrator to enter into, on behalf of the County, an agreement for the partial continuation of work on the Gato Building (completion of the roof) and to purchase hurricane resistant windows for the Gato Building directly from the manufacturer. The reasons for this request are explained in the attached letter to the public construction bond surety of Lodge Construction. ITEM BACKGROUND: The County previously entered into a contract with Lodge Construction on 7/21/99 for the rehabilitation of the Gato Building. Lodge terminated its contract with the County in February, 2000. ' PREVIOUS RELEVANT BOCC ACTION: See above. STAFF RECOMMENDATION: Approval. TOTAL COST: BUDGETED: Yes No Cost to County: (Included in existing construction contract.) APPROVED BY: County Attorney X To Follow Not required " DIVISION DIRECTOR APPROV A DOCUMENTATION: Inclu AGENDA ITEM # PLj co.'!~ of~~E BOARD OF COUNTY COMMISSIONERS MAYOR, Keith Douglass, District 4 Mayor Pro Tern, Jade London, DiStrict 2 Wilhelmina Harvey, DIstrict 1 Shirley Freeman, District 3 Mary Kay Reich, District 5 County Attorney, 502 Whitehead Street Third Floor Key West, FL 33040 (305)292-3470 March 3, 2000 ',\ Certified Mail RRR Lodge Construction, Inc. 2161 McGregor Blvd. #B Fort Myers, FL 33901 American Casualty Company of Reading, PennsylvanIa Attn: Mr. Tom Moses CNA Plaza, Chicago, IL 60685 RE: Declaration of Default Dear Sirs: Pursuant to the Public Construction Bond and the provisions of Paragraph 12.2.2 of the Contract for Construc~on of the Gato Building County Offices, a Contractor Default is declared. The reasons ,for this declaration are: Lodge Construction's wrongful Notice of Termination dated February 2, 2000; its subsequent abandonment of the job; its prior default in the Agreement of July 21, 1999 by failing to fully mobilize the laborers, materialmen and suppliers to progress the work; failure to timely prosecute the project; failure to perform project construction in a competent manner; and for other good and sufficient reasons as appear at the site and in the Architect and Construction Manager's observations and reports. The County files are public records for your inspection and clearly show th~ grounds for default and termination. The owner, Monroe County, hereby agrees to pay the balance of the contract price to the Surety or to a contractor selected to perform the Construction Contract Time is of the essence as site conditions show high risk of security, exposure, deterioration and the necessity of coordinating the work with the State's Contractor, D.L. Porter, In addition, the County is suffering damages for delay. American Casualty Company is urgently requested to take prompt action pursuant to the Public Construction Bond. You may contact Steve Piazza, Construction Manager at 305/292-4429 for any information or follow-up. JTH~eh e OUNTyo!MONROE KEY WEST..:::J :~ORIDA 33040 County Attorney's Office 502 Whitehead Street Third Floor, Rear Key West, Florida 33040 (305) 292-3478 Mr. Tom Moses American Casualty Company of Reading, Pennsylvania CNA Plaza Chicago, Illinois 60685 r-- BOARD OF COUNTY COMMISSIONERS MAYOR Wilhelmina Harvey, District I Mayor Pro Tern Shirley FreemaIt, District 3 George Neugent, District 2 Nora Williams, District 4 Mary Kay Reich, District 5 '.. March 9, 2000 RE: Declaration of Default Principal: Lodge Construction Obligee: Monroe County, Florida Project: Gato Building County Offices - Key West, Florida Dear Mr. Moses: Pursuant to a letter from this office dated March 3, 2000, you were notified that in accordance with the terms of the contract between Monroe County and your principal, Lodge Construction, and the terms of the Performance Bond furnished by American Casualty and Lodge to the County, the subject contract was terminated due to a material breach by Lodge Construction. As you are aware, the work of Lodge Construction was proceeding simultaneously with the work of another contractor, Leu D. L. Porter Construction, which was hired by the State of Floiida to perform work on the subject project. Monroe County has been advised by the State of Florida that the default and termination of Lodge will have a significant impact on the ability of D. L. Porter to continue to perform work on the project. This impact will in turn further impact the County, as more specifically addressed below, from both a financial and practical standpoint. The County has been advised that pursuant to the lack of performance by Lodge Construction prior to its abandonment of the project, D. L. Porter will have to cease performing work as of next Friday, March 17, 2000, as all available work will have been completed. If such cessation becomes necessary, the County will incur additional expense for demobilization and any remobilization by D. L. Porter. Mr. Tom Moses March 9, 2000 Page 2 Additionally, a portion of the work on this project is being funded through a FEMA grant. which grant will be removed if certain work is not completed expeditiously. Finally, if work by Porter is stopped too long, the funding for the entire project may be jeopardized. Obviously, the County, for practical purposes, as well as to fulfill its legal obligation to mitigate damages, cannot allow the situation to proceed to the point of D. l. Porter demobilizing from the project. Accordingly, pursuant to the demci'nd that was contained in the letter of March 3, 2000, such demand is herein renewed, and a further demand for an expeditious review of the situation by American Casualty is hereby made. The County must receive a response from American Casualty as to its intentions and plans for completing the work on the project, prior to next Friday, March 17, 2000. Pursuant to its obligation to mitigate damages, the County will take action to prevent D. l. Porter from demobilizing, and any and all additional action to mitigate damages and to further the completion of the project. Of course, should such action by the County become necessary, the County reserves all of its rights against both Lodge Construction and American Casualty Company of Reading, Pennsylvania, for all damages, costs and/or expenses that are incurred as a result of the default by Lodge Construction. The County's staff will make themselves available for the remainder of this week and early next week to meet and/or discuss with you the status of the project contractually. As requested in your letter of March 8, 2000, we are furnishing you herewith a copy of all the documents in our file within the scope of your request. The documents are listed on the enclosed sheet titled Documents Delivered to American Casualty Company by County Attorney's Office. To the extent that our file may be incomplete, we have requested and will immediately forward to you such additional documents as may be contained in the files of the County's Director of Construction. However, the enclosed documents should enable you to evaluate the situation and to respond promptly to this most urgent matter. The County will anticipate receiving a response from American Casualty by next Thursday, March 16th, so thaf"appropriate measures can be planned and instituted in light of Porter's notification concerning the March 17th date. Should you have any questions with respect to this information, please contact the undersigned. We will look forward to hearing from you by the date specified above. JTH :rj Enclosures Sincerely'r.N Ja es T. Hendnck C unty Attorney cc: County Administrator Ira Libanoff, Esq. Steve Piazza Jose Gonzalez '::('V -::1-. - ~, Qj ::!5 ~ ~],.g~ : ~:~'E-~ ~ a~ s~~ s.a;:: ~ ~~~.~.~~ ~ oS >->-fa ~ ,'~ . Soo <<IGJa ~ .:J CI> E!: - GJ > GJ . en - ~ ... en en ... . ~ " ~" en..c:: >; :a: .c: @l ~1~~II~!I~~J~~J~1~~~en~!tl! loo :.o....~ ~ c: It !; :! E-< ~ ~ z (l) 0 (;) .!e >- .g iGJ~ OGJ..c::o~oo '~o<<le GJ <<I<<IGJGJ \8 . . ..c::- ""0 g ~]~~ ~~ ] ~~~ oS~~~oo..c:: I '.... '.....c ~ ,ID u c:: .0 .~ L.. o ....... en OJ ex: en - -C' 1ij 0.0 ~::,.:E, . L.., en ',:=J 'OJ .......' . - C::L.. OJ 0 t:). +-' ~,.,~ 0, ~, en, '.. +-' en ~, ~, ~ 0::)' _l I -r. .' en ,~ ctS "'C ~ o 'UO ....... en L.. q::: ul' b.... t:: GJOO GJ >- en.n GJ 00 ~ GJ !!~~ ...-s~.~a ;!;~fa:aoS tlJ:ipo <<Ig.!!<<Ii llO..t:....oo .8 <<I ~. ~l:I' 1);'0 >-0 =' GJ 1>- OOaen GJ. GJ~ .c~ 6>-~ ~;8Jl ~~!J ~j 1l...j:j o~s=e't2 >-1lI_ en.... ~~.~ ~~~GJ~a ~~o~ .a.a ~<<SO"" cn:i ....u............. en....... GJl . GJ :..:...Uo :Jen .~!;.c ~. ..le-~ ...~~~ !>~ - ... llO.s.... U s= a ::s _ 0 po .;;! o ... .sa'1:: GJ ::s = U .... en >- 00 ..,.u 0'00<<1 GJ: FIt GJ:::: ~S~ ~en...Uoo~uGJ~t:s ~=' O<<l~ ....~~8;~..c::to~ oo.c ~~~ ~OS=~ en....~~~ GJ~ ti-::J ._....0 U::SO".'V ...._ ....~oo=~oo~O.aooN~s=~ ~.... 00 9,.a 0 ~ 8.f ~ ~.s ~....ll fa 'a = --~ !.si~'Bi a-s.i~,~a ~ 08: , .....:1 s= en ... 0 t; U .~ 00 .... .... c: " ;~:en~6s=..c::~~1~~~.a~ . . - s= GJ U I en, GJ 0 = GJ-.1); 1lI :>. 0 ...., .... .~ ' a: . O...d..!!' ....0 .c :=.~ .. GJ ... ,...,'0 ~. GJ GJ W ...... '<<I "'-a:S <<I s-....'u en 00... 2, ':~I"""'~'" en <<I' ... 1); po ~ U . GJ <<1-::1 LI.t':c' OCilGJ!;.c..... ....!;....~.... ,~E H Co GJ s= GJ !II ~ ~ ~ t' GJ llOib.... ; ao G) en l) GJ' >-,.:0; r-. (;l en ~ ... ........ .... en ..c:: ~ ~ ~'il t:l:!2o ~~ =' t ~ u:;;;~ GJ.....t: ~ f:' is. ~.s=' ~-: ~ ~.t i g GJ.:.~ s= g ~"2 Co ~....-o...GJ,..,OGJ..CI.I.cu~.... _... 2 - en (J-'lIl - ~... llO........ 00 1:: ... <ll cr: ]! ~'.r>-~ <t: >- 1); .... .g <ll s= t GJ GJ 0 B. GJ ,2 1& GJ ~'l.C < ~oo ~ <ll a.... a ~ == aor ~ ~ 'at' ~1);~~ z:a :g~..8 <a e ,GJ ~ '. -,I._....~ . ". .,(....,.. ~ .... (I) . ; ~ "",,':" .,' '~CI) 's,c:e 0" . E fi " .~. ' ;..>~; ...,' ....ti';s' ~ ' ;',il~:';. ,;;. ",lU:O :':=~"'" ',' DC : i;,J.f~<',:~~~. .. . .!!.~. . "Pl'O .. . lU.~ ~;:g Q)"O '~c - '"f~ '(:~~'- 'J' .. ,~:.~t .;}~.>: "_ ,C\.! f1' :~~=-a.::>:~';': .~. "79 ~",,~,' 8 8.: ' .. . I ...... CN 00 ~ 0....... E.~ -8.::: .~~ E~ ~c3 bJ:).. 8 0 o..~ , 00 ,00 ~ .. CJ..) 8- ~~g . 00 ,.c: . ::s C,.) E Cf . ,.c: t:bJ <':E ~ 6 ~ ~ .' ~.~-- t, ~ ,. ~. 't '~t::.- .t>" ~ ~<o' ,"'~ :'- ~ oJ-.-'.:..t-,.:".. .~, ; :,.:,.~ ~', ~.::i~: ...". ' ~ ~ .:';:~f. . ,""~~ '" '.. :"., Cigar museum In Keys' plans . ok .rd ad (e- m- t CIGARS, FROM lE cigar factories - those that have survived - are slowly assuming central roles in the city's public life. "Those factories are like pyramids - they're still there to remind us of where it all came from," said Rafael Pefial- ver, the Miami attorney who is president of the San Carlos Institute, a Key \vest museum and,cultU1'al center that was founded by Cuban cigar work- ers in 1871. Besides the Gato building, a former factory showcases a lighting boutique with luxury apartments upstairs. To look at The Light Connection, on Tru- man Avenue and White Street, you'd hardly guess it was a cigar factory - or drug store or car dealership, which also occupied the building. "The old lady next door said it was a bordello for many years," said Jeff Erickson, who renovated the building in the mid-I990s. EARLY mSTORY Key 'West's entry into the Cigar industry was early but small William Wall opened the cityis first waterfront factory in 1831 and operated it until it burned down in 1859. It was Samuel Seidenberg, an immigrant from Germany, who foresaw Key West as a cigar capital and built the fust large factory"La Rosa Espanola. in 1867. It was a three-story wooden structure, said Glenn Westfall, a historian who has researched the industry in Flor- ida. The floodgates opened in 1868, when Cuba was engulfed in the Ten Years War and fight- ing for freedom from Spanish rule. Thousands of men left so they would not be pressed into service by the Spanish govern- ment. 'ns he ng or ~r- to n- b- ar re ," '. IS, ea ik- ~r- ds de ct )n n- 01 es Ke :e. lp u- "s le ~y 'h k- at ld 's II PETER ANDREW BOSCH I HERALD STAFF ' LOTS OF LIGHT: Bill Rowan, an architect for Bender & Associates, checks work on the renovation of the 84-year-old Gato cigar' .' " ~ factory.:,',:, ' ,',~___. "Virtually overnight, Key leaders. ' West ended up with several Perhaps the greatest of those thousand skilled cigar work- was Eduardo H. Gato, consid- ers," said Westfall. who chroni- ered one ,of the primary bUild- des the island's transformation ers of Key West's cigar indus- in his,book. K~y West, Cigar try. Gato, Westfall noted, was City USA (Cigar City USA, Key West's greatest Cuban phi- $19.95). " lanthropist, developing street- ,From a small island outpost car lines, power companies and that depended on shipwreck donating his home as a hospital salvaging and fishing, Key West . When other manufactU1'ers blossomed into a major port. By like Ybor fled. Key West' for 1876, 29 factories employed Tampa - they were fed up 2,100 workers, rolling 171,000 with fues, strikes and the diffi- cigars a day: The population cu1ties of transporting cigars skyrocketed, from 688 in 1840 from the island - Gato to 9,890 in 1880 to 18,080 by remained., By World War I, 1890. From the end of the Civil Tampa had eclipsed Key West War through the 1890s, Key as the center of Florida's cigar West was the richest city, per industry - yet C;;ato built his capita, in the state. last factory in 1916, after the "Manufacturers allover the previous structure burned country would use the name down. Key West on their cigars, even though they weren't made in Key West and weren't made from Cuban tobacco," Westfall said. To combat fraud, the city came up with a seal to denote island-made cigars. UNIFORMITY OF COLOR Gato's factories were distin- guished by double-decker rows of windows with a large court- yard in the center. Natural lighting was important, so sort- ers could distinguish, between CUBAN ENCLAVE 30 and 40 different colors of The cigar boom meant leaf. The sorting was impor- Cuban emigres played increas- tant, because part of the cigars' ingly important roles in civic prestige was the uniformity of and political life. Almost a cen- color in a box. tury before the Cuban exodus "It was an incredible artistic to Miami, Key West had a process," Westfall said. "If it Cuban-American mayor, jus- was a cloudy day, the selectors tice of the peace, state legisla- didn't work." tor and acknowledged civis:" The lighting can be seen in , ''\, , , ' Gato's fmal factory, the build_ ing under r.estoration at Vir- ginia and Simonton streets In Old Town. The two-story structure includes 200 window openings. About 40 of the win- dows survived and are under . restoration in Tampa. The once-open floor plan, allowing the cigar selectors, rollers and pickers to work together, will be adapted for modern office use through glass. transoms above the inte- rior walls. The restoration pro- ject began last year, after the U.S. Navy decided it no longer needed the property and gave it to Monroe County. The restoration is a compli- cated task; starting with repair- i:i1g and replacing the concrete. The cast-iron downspouts built inside the walls to drain water from the flat roof have rusted and expanded, causing the con- crete around them to crack. ' "They used really good cement for the structural part of it," said Bill Rowan, an archi- tect with Key West-based Bender & Associates, which is overseeing the restoration. " To repair the damage, the contractors are using tech- , Diques like the original builders did, POU1'ing concrete rather than using modem-day con- crete blocks. And the forms - the wooden outlines concrete is poured into - have been fash- ioned out of boards rather than plywood. That way,. the fin- ished areas will resemble the old, with the boards' outlines visible. Along with the county offices and health clinic, the Gato factory will feature a museum showcasing the his- tory of the island's cigar indus- try. The Depression, the popu- larity of cigarettes over cigars and the development of cigar- rolling machines led to the industry's demise by the 1930s. When the Navy took over the property for barracks during World War II, the former Gato factory was vacant. "There couldn't be a more perfect location for a museum dedicated to Key West's cigar history," he said. "We've sort of come home, back to Gato." oyerS}l,tion ~PrvP~ ~~ in~nirAtl{)n to notl-lrl nJI)'T\lTrln-ht 03/14/00 17:41 FAX 1+305 296 2727 BE~DER ASSOC 4tJ 003 AGREEMENT FOR SERVICES THlS AGREEMENT made this _ of ~ in the year Two Thousand BY AND BElWEEN THE DEPARTMENT OF HEAL TIi, OFFICE OF DESIGN AND CONSTRUCTION, hereinafter calJed the AGENT, aad MONROE COUNlY BOARD OF COUNTY COMMlSSIONERS, hereinafter called the CLIENT AGENCY. WITNESSETH, that whereas the CLIENT AGENCY intends to retain the services of the Agent to adminismr the construction administration of the Project as shown on Attachment t NOW nrEREFORE, the AGENT and CLIENT AGENCY, for the considerations hereinafter set forth, agree as follows: Article 1_ The AGENT agrees to furnish or cause to be fumished services including, but not limited to, llCGeSsary consultants' services; administering the negotiaticm and the award of constructioo agrcemcots to accomplish the work; and administering the agreements for construction, Article 2. The AGENT is authorized and requested to enter into agreement with archit.ccts. engineers and contractors, using the AGENT'S forms and procedures. for the negotiation and construction of the Project. The CLIENT AGENCY understands and agrees that those agreements will designate the AGENT as the "OWNER" for the implemeutation of this work, Payments on such COmpfllsatiao will be made by the CLIENT AGENCY on approval of each payment by the Owner, , The CLIENT AGENCY agrees tha~ although it will not execute those agreemmts, the agreemeots shaU be deemed to be the agreements of the CLIENT AGENCY aod the AGENT. will not have responsibility to make payments on the agreements. Article 3_ The CLIENT AGENCY agrees to designate a representative for the project to be solely responsible for all CLIENT AGENCY actions under this agreement; and who will receive, review and respond in a timely manner to aU questions and requests from the AGENT; and to pay, within thirty (30) calendar days, all invoices approved by the AGENT and transmitted to the CLIENT AGENCY for payment., not ex~ding the totaJ budget ofS 46 &04 00, Article 4_ The AGENT does not guarantee that the project. r:;ao be completed within the Total Budget of $ 41\.404 00, but does agree not to commit funds in excess ofS 46,&0400 without mutual agreement and an Amendmem to this Agreement authorizing such increase. Article 5 _ This Agreemeo1 may be terminated by either party upm seven (7) days notice by mutual agreement, or should one party fail substantially to perform in accordance with its tenns through no fault of the other, In the event oft.ennination, the CLIENT AGENCY shall pay for all commitments made and due, Page 1 of 4 I fJ-l( 03/14/00 17:41 FAX 1+305 296 2727 BE~DER ASSOC as a result of aod in confonnance with this Agreement (all An:hitect AgrcemCDt.s, Engineer Agreements, Construction Agreements, Authorizations, Amendments, etc.), up to the date of termination. including ~al expenses (m no <;ase in excess ofS46,404.00). Page 2 of 4 ~004 03/14/00 17:41 FAX 1+305 296 2727 BE:"DER ASSOC I4J 005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first writtm above, CLIENT AGENCY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS State of Florida APPROVED: As Witnessed: By By /itJfJ~ ~ ~";. ~'C/e.r" ~~4"Y AGENT As Witnessed: APPROVED: By RoD Walsh, AdminiStrator For Florida Department of Health Office ofDesigo It.. Construction By Approved As To Fonn And Legality: By Departmcot of Health, State of Florida Page 3 ot 4 03/14/00 17:41 FAX 1T305 296 2727 BE:'\DER ASSOC 14]006 6TTACMMFNT Nn 1 A price was requested from D.L. Portar Construction. Inc. to complete the following work on Request for Proposal #4. Provide a det.illed cost breakdown for all work required to allow roofing work to proceed. The subject items are currmrtly under the Monroe County Contr.lct, and their completion is necessary to allow roofing work to be installed. Provide aU work required to allow wofmg work to proceed, itemized in your pricing. and all miscellaneous related services. Work includes, but is not necessarily limited to, the following: 1. Concrete columns for chiller support system, with inserts for future installation of structural steel beams, 2. The roofacuss tower concrete strUcture, Room R-301, including cutting the hole for the spiral stair hut excluding the spiIat stair and door frames, 3. Insta1.lation of thru roof penetrations such as exhaust &n curbs, vmt.s. pipes, conduits, etG, These ~ms should be installed only to the extent required for proper roofing, D0cumeut5 depicting this work include Sheet A-9. Roof Plan, Sheet A-lO, Roof Details, all structural sheets. all Addenda, RFI's, Information Bulletins, aod other documents previously issued on these items. Additionally, concrete repairs are required at parapets to allow for base flashing installation. This work is also part of this agreement and will include concrete restoration of parapets at the courtyard and the building perimeter, Page IJ of 4