Item D1
E/2
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: D.1
Agenda Item Summary #10426
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick (30) 292-4339
n/a
AGENDA ITEM WORDING: Approval of an Agreement with Earth Tech Enterprises, Inc. in the
amount of $2,677,400.00 for the West Martello Seawall Hurricane Repairs. This project is part of
the Hurricane Irma recovery effort.
ITEM BACKGROUND: On September 10, 2017 Hurricane Irma damaged the seawall
surrounding the West Martello Tower at Higgs Beach. In April 2019, Project Management executed
a Task Order with CPH, Inc. to provide design and permitting assistance for the repairs to the
seawall. Permits from the Army Corps of Engineers (ACOE) and Florida Department of
Environmental Protection (FDEP) were received and an RFP for the repairs was advertised in
January 2022. While only two (2) bids were received a total of 49 contractors downloaded the plans
from DemandStar. Earth Tech Enterprises, Inc. was found to be the lowest responsible, responsive
bidder.
PREVIOUS RELEVANT BOCC ACTION:
6/20/18 BOCC approved advertisement of any solicitations for repairs resulting from damage
caused by Hurricane Irma.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
Agreement_Earth Tech_W Martello seawall_contractor signed
Proposal_Earth Tech_W Martello Seawall
Legal Memo-Evaluation of Info Submitted by Earth Tech_W Martello Seawall
Bid Tabulation Sheet_3.24.22
Qbdlfu!Qh/!2191
E/2
FINANCIAL IMPACT:
Effective Date: 4/20/22
Expiration Date: 60 days after Notice to Proceed
Total Dollar Value of Contract: $2,677,400.00
Total Cost to County: $133,800.00
Current Year Portion: $2,677,400.00
Budgeted: Yes
Source of Funds: 125-0459110
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: Yes 90% FEMA; 5% State; 5% County
County Match: Yes
Insurance Required: Yes
Additional Details:
125-0459110
04/20/22 125-0459110 · HURRICANE IRMA $2,677,400.00
REVIEWED BY:
Kevin Wilson Completed 04/04/2022 4:44 PM
Joseph DiNovo Completed 04/04/2022 5:24 PM
Purchasing Completed 04/05/2022 9:19 AM
Budget and Finance Completed 04/05/2022 11:15 AM
Brian Bradley Completed 04/05/2022 11:58 AM
Lindsey Ballard Completed 04/05/2022 3:24 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
Qbdlfu!Qh/!2192
E/2/b
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
th
Made as of the 20Day of April 2022
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Earth Tech Enterprises, Inc.
6180 Federal Court
Fort Myers, Florida 33905
For the following Project: WEST MARTELLO SEAWALL HURRICANE REPAIRS
Scope of the Work
As shown in the Project Drawings and Specifications, furnish all labor, supervision,
materials, power, tools, equipment, and supplies necessary to perform and complete the
proposed repairs to the existing sea wall. The repairs shall include, but are not limited to,
repairs to the seawall and foundation that are seaward and landward of the existing
seawall. The work includes stabilization and repair of the rip-rap portion of the seawall that
lies north of the concrete portion and between the seawall and White Street Pier.
The County has received a verification of exemption letter from the Florida Department of
Environmental Protection (FDEP) (file no. 0299993-002-EE). This letter of verification,
dated August 9, 2019, is included by reference in these Contract bid documents. The
Contractor is responsible for complying with all construction-related conditions of this letter
of verification.
The County has received an approved permit from the US Army Corps of Engineers
(ACOE) (File No. SAJ-2010-00920). This approved permit, dated March 24, 2020, is
included by reference in these Contract bid documents. The Project Drawings and
Specifications, as amended to meet ACOE permit conditions, are included in this
approved permit document. Contractor is responsible for complying with all construction-
related conditions of this permit. Special attention shall be paid to Special Condition #10
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 1 of 3
Qbdlfu!Qh/!2193
E/2/b
regarding Historic Properties and the possibility of discovering unmarked graves/human
remains.
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings and Specifications. The Contractor is required to provide a complete job
as contemplated by the Project Drawings and Specifications, which are a part of this bid
package.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Sixty (60) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in
the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management’s signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 2 of 3
Qbdlfu!Qh/!2194
E/2/b
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor’s recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such Party's control, without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic
area of the Project; (d) government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor’s financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner’s Representative may determine. The Contractor may only seek a no
cost Change Order for such reasonable time as the Owner’s Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor’s performance of
the Contract the Contract Sum of Two Million Six-Hundred Seventy-Seven Thousand
Four Hundred and 00/100 Dollars ($2,677,400.00), subject to additions and deductions
as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 3 of 3
Qbdlfu!Qh/!2195
E/2/b
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act, Section 218.735,
Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally
accepted accounting principles and such laws, rules and regulations as may govern the
disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of
the tax exemption certificate will be provided by the Owner upon request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor’s Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of five percent (5%). Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management. When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 4 of 3
Qbdlfu!Qh/!2196
E/2/b
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of five percent (5%) will be withheld in accordance with Section 218.735 (8)(a),
Florida Statutes.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor’s responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (samples in section 01027, Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor’s Affidavit of Debts and Claims
(5) Contractor’s Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West Building Department and Army Corps of Engineers.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 5 of 3
Qbdlfu!Qh/!2197
E/2/b
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County’s performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Fla. Stat., for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a)Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.33, if applicable,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for seven
(7) years following the termination of this Agreement.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 6 of 3
Qbdlfu!Qh/!2198
E/2/b
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as “County Clerk”) to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner’s or the County Clerk’s reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as “Records”) shall be
open to inspection and subject to audit and/or reproduction by Owner’s representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors’ representatives. All records
shall be kept for ten (10) years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid
to Contractor. The Right to Audit provisions survive the termination or expiration of
this Agreement.
b)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 contracts
made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. The
Parties waive their rights to trial by jury. The County and Contractor agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
c)Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d)Attorney’s Fees and Costs. The County and Contractor agree that, in the event any
cause of action or administrative proceeding is initiated or defended by any party
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 7 of 3
Qbdlfu!Qh/!2199
E/2/b
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney’s fees and court costs as an award against the
non-prevailing party and shall include attorney’s fees and courts costs in appellate
proceedings.
e)Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f)Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g)Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h)Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i)Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j)Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 8 of 3
Qbdlfu!Qh/!219:
E/2/b
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in
any federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
EmploymentOpportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶ C, agrees as follows:
1.The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2.The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3.The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 9 of 3
Qbdlfu!Qh/!21:1
E/2/b
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
4.The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided, advising the said labor union or workers' representative of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5.The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6.The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
7.In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
8.The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 10 of 3
Qbdlfu!Qh/!21:2
E/2/b
k)Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
l)Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one’s agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m)No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n)Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
o)Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other “public record” materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney’s fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 11 of 3
Qbdlfu!Qh/!21:3
E/2/b
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract,
the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County’s custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County’s custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County’s request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County’s option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 12 of 3
Qbdlfu!Qh/!21:4
E/2/b
STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY’S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p)Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
q)Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers’ compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
r)Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
s)Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
t)Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include, but not limited to, a Public Entity Crime Statement, an
Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 13 of 3
Qbdlfu!Qh/!21:5
E/2/b
u)No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
v)Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
w)Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY’s elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be equal to the dollar value of the contract and not less than $1 million per
occurrence pursuant to Fla. Stat., Sec. 725.06. The limits of liability shall be as set
forth in the insurance requirements included in this Agreement. Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this Agreement, this section will survive
the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor’s failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County’s behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 14 of 3
Qbdlfu!Qh/!21:6
E/2/b
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney’s fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency’s sovereign immunity.
x)Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
y)Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE’s, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE’s have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE’s have the
opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a.If the Contractor, with the funds authorized by this Agreement, seeks to subcontract
goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses, women’s
business enterprises, and labor surplus area firms are used whenever possible.
b.Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and
women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 15 of 3
Qbdlfu!Qh/!21:7
E/2/b
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
z)Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with its subcontractors shall include the COUNTY as additional insured.
aa) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall
be construed so as to find Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
bb) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security’s E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes.
cc) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 16 of 3
Qbdlfu!Qh/!21:8
E/2/b
For Contractor: Earth Tech Enterprises, Inc.
Christopher Gehring, President
6180 Federal Court
Fort Myers, Florida 33905
For Owner: Director of Project Management Assistant County Administrator, PW & E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
County Attorney
th
1111 12Street, Suite 408
Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes Emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the County must place a
current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which is attached hereto as Exhibit “A” and made a part hereof. The
decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The COUNTY must report all suspected or reported violations to
the Federal awarding agency.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security
Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program (it does not apply to other FEMA grant and
cooperative agreement programs, including the Public Assistance Program), the
contractors, in contracts for construction or repair work above $2,000 in situations where
the Davis-Bacon also applies, must also comply with the Copeland “Anti-Kickback” Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 17 of 3
Qbdlfu!Qh/!21:9
E/2/b
or in Part by Loans or Grants from the United States”). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The County must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees
engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act
during the preceding weekly payroll period. The report shall be delivered by the contractor
or subcontractor, within seven days after the regular payment date of the payroll period,
to a representative of a Federal or State agency in charge at the site of the building or
work.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work, which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 18 of 3
Qbdlfu!Qh/!21::
E/2/b
in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section, the
Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated
Damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (b)(1) of this section, in the sum
of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph
(b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency
shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of
this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs (b)(1) through (4) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1) through (4) of this section.
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 19 of 3
Qbdlfu!Qh/!2211
E/2/b
7.8.4 Clean Air Act (42 U.S.C. §7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as amended). CONTRACTOR agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate
Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42
U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended—applies to Contracts and subgrants of amounts in excess of $150,000. The
contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA/Federal agency.
The Contractor agrees to report each violation to the COUNTY, understands, and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
7.8.5Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
under a “covered transaction” (see 2 CFR §180.220) must not be made to parties listed
on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive
Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp.,
p.235), “Debarment and Suspension” and the Department of Homeland Security’s
regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov.
Contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R.
§180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R.
§180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters
into. This certification is a material representation of fact relied upon by the COUNTY. If it
is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or Proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 20 of 3
Qbdlfu!Qh/!2212
E/2/b
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,000.00, the certification,
attached hereto as Exhibit “B” and made a part hereof, must be signed and submitted
by the Contractor to the County.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. . In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are
EPA-designated items unless the product cannot be acquired —
1.Competitively within a timeframe providing for compliance with the contract
performance schedule;
2.Meeting contract performance requirements; or
3.At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines website,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or
extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described
in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipmentproduced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 21 of 3
Qbdlfu!Qh/!2213
E/2/b
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii)Telecommunications or video surveillance equipmentor services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government
of a covered foreign country.
7.8.9 Domestic Preference for Procurements as set forth in 2 CFR §200.322 The COUNTY
and CONTRACTOR should, to the great extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;
and lumber.
Other Federal and FEMA Requirements (as applicable)
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency’s (FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance
review or complaint investigation conducted by DHS; (2) Give DHS access to and the right
to examine and copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable
laws or program guidance; and (3) Submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to support the
reports.
7.8.12 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security
seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without
specific FEMA pre-approval. The Contractor shall include this provision in any
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 22 of 3
Qbdlfu!Qh/!2214
E/2/b
subcontracts.
7.8.13 Changes to Contract. The Contractor understands and agrees that any cost resulting from
a change or modification, change order, or constructive change of the agreement must be
within the scope of any Federal grant or cooperative agreement that may fund this Project
and be reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the County and
Contractor.
7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of
the contract. The Contractor will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
7.8.15 No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal
entity, contractor, or any other party pertaining to any matter resulting from the contract.
7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
7.8.17 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-Funded
Sub-award and Grant Agreement between County and the Florida Division of Emergency
Management (Division) found at the following link on the Monroe County web page:
https://www.monroecounty-fl.gov/fdemgrantagreement
7.8.18 The Contractor shall hold the Division and County harmless against all claims of whatever
nature arising out of the Contractor’s performance of work under this Agreement, to the
extent allowed and required by law.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five (5) calendar days’ written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days’ written notice of its intention to do so.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 23 of 3
Qbdlfu!Qh/!2215
E/2/b
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two (72)
hours’ written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County’s False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days’ written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency’s determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency’s
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 24 of 3
Qbdlfu!Qh/!2216
E/2/b
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a)Verification of exemption letter from the Florida Department of Environmental
Protection (FDEP) (file no. 0299993-002-EE) dated March 24, 2020.
b)Approved permit from the US Army Corps of Engineers (ACOE) (file no. SAJ-2010-
00920) dated August 9, 2019.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals.
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 2/18/2022 2
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 25 of 3
Qbdlfu!Qh/!2217
E/2/b
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2218
E/2/b
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor’s Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information – (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Page 27 of 3
Qbdlfu!Qh/!2219
E/2/b
EXHIBIT “A”
DEPARTMENT OF LABOR WAGE DETERMINATION
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
EXHIBIT “A” Page 28 of 3
Qbdlfu!Qh/!221:
E/2/b
"General Decision Number: FL20220022 02/25/2022
Superseded General Decision Number: FL20210022
State: Florida
Construction Type: Building
County: Monroe
County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
___________________________________________________________
|If the contract is entered |. Executive Order 14026
|into on or after January 30, | generally applies to the
|2022, or the contract is | contract.
|renewed or extended (e.g., an |. The contractor must pay
|option is exercised) on or | all covered workers at
|after January 30, 2022: | least $15.00 per hour (or
| | the applicable wage rate
|| listed on this wage
|| determination, if it is
|| higher) for all hours
| | spent performing on the
|| contract in 2022.
|______________________________|____________________________
|If the contract was awarded on|. Executive Order 13658
|or between January 1, 2015 and| generally applies to the
|January 29, 2022, and the | contract.
|contract is not renewed or |. The contractor must pay all
|extended on or after January | covered workers at least
|30, 2022:| $11.25 per hour (or the
|| applicable wage rate listed
|| on this wage determination,
|| if it is higher) for all
|| hours spent performing on
Page 29 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2221
E/2/b
| | that contract in 2022.
|______________________________|_____________________________
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this wage
determination, the contractor must still submit a conformance
request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
001/07/2022
101/14/2022
202/25/2022
ELEC0349-003 09/01/2021
RatesFringes
ELECTRICIAN......................$ 37.61 11.72
-------------------------------------------------------------
ENGI0487-004 07/01/2013
RatesFringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity....................$ 29.008.80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under.......................$ 22.008.80
-------------------------------------------------------------
IRON0272-004 10/01/2021
RatesFrin
ges
IRONWORKER, STRUCTURAL AND
REINFORCING......................$ 26.0014.16
-------------------------------------------------------------
PAIN0365-004 06/01/2021
Page 30 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2222
E/2/b
RatesFringes
PAINTER: Brush Only.............$ 20.21 12.38
-------------------------------------------------------------
SFFL0821-001 12/31/2021
RatesFringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 30.6321.09
-------------------------------------------------------------
SHEE0032-003 12/01/2013
RatesFringes
SHEETMETAL WORKER (HVAC Duct
Installation)....................$ 23.5012.18
-------------------------------------------------------------
*SUFL2009-059 05/22/2009
RatesFringes
CARPENTER........................$ 15.085.07
CEMENT MASON/CONCRETE FINISHER...$ 12.45 **0.00
FENCE ERECTOR....................$ 9.94 **0.00
LABORER: Common or General......$ 8.62 **0.00
LABORER: Pipelayer..............$ 10.45 **0.00
OPERATOR: Backhoe/Excavator.....$ 16.980.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 9.58 **0.00
OPERATOR: Pump..................$ 11.00 **0.00
PAINTER: Roller and Spray.......$ 11.21 **0.00
PLUMBER..........................$ 12.27 **3.33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply.......................$ 14.33 **0.00
Page 31 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2223
E/2/b
SHEET METAL WORKER, Excludes
HVAC Duct Installation...........$ 14.41 **3.61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away............$ 8.00 **0.15
-------------------------------------------------------------
WELDERS
- Receive rate prescribed for craft performing
operation to which welding is incidental.
=============================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($15.00) or 13658
($11.25). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours they
work, up to 56 hours of paid sick leave each year. Employees
must be permitted to use paid sick leave for their own illness,
injury or other health-related needs, including preventive care;
to assist a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related
needs, including preventive care; or for reasons resulting from,
or to assist a family member (or person who is like family to
the employee) who is a victim of, domestic violence, sexual
assault, or stalking. Additional information on contractor
requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
-------------------------------------------------------------
The body of each wage determination lists the classification
Page 32 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2224
E/2/b
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this classification,
which in this example would be Plumbers. 0198 indicates the
local union number or district council number where applicable,
i.e., Plumbers Local 0198. The next number, 005 in the example,
is an internal number used in processing the wage determination.
07/01/2014 is the effective date of the most current negotiated
rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and non-
union rates. Example: SULA2012-007 5/13/2014. SU indicates the
rates are survey rates based on a weighted average calculation
of rates and are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of survey on which these
classifications and rates are based. The next number, 007 in the
example, is an internal number used in producing the wage
determination. 5/13/2014 indicates the survey completion date
for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Page 33 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2225
E/2/b
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
-------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
*an existing published wage determination
*a survey underlying a wage determination
*a Wage and Hour Division letter setting forth a position on a
wage determination matter
*a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because
National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Page 34 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2226
E/2/b
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
===========================================================
END OF GENERAL DECISIO"
Page 35 of 3
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2227
E/2/b
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2228
E/2/b
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2229
E/2/b
Buubdinfou;!Bhsffnfou`Fbsui!Ufdi`X!Nbsufmmp!tfbxbmm`dpousbdups!tjhofe!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!222:
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2231
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2232
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2233
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2234
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2235
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2236
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2237
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2238
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2239
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!223:
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2241
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2242
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2243
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2244
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2245
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2246
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2247
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2248
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2249
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!224:
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2251
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2252
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2253
E/2/c
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
Qbdlfu!Qh/!2254
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2255
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2256
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2257
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2258
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!2259
Buubdinfou;!Qspqptbm`Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
E/2/c
Qbdlfu!Qh/!225:
E/2/d
Buubdinfou;!Mfhbm!Nfnp.Fwbmvbujpo!pg!Jogp!Tvcnjuufe!cz!Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
Qbdlfu!Qh/!2261
E/2/d
Buubdinfou;!Mfhbm!Nfnp.Fwbmvbujpo!pg!Jogp!Tvcnjuufe!cz!Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
Qbdlfu!Qh/!2262
E/2/d
Buubdinfou;!Mfhbm!Nfnp.Fwbmvbujpo!pg!Jogp!Tvcnjuufe!cz!Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
Qbdlfu!Qh/!2263
E/2/d
Buubdinfou;!Mfhbm!Nfnp.Fwbmvbujpo!pg!Jogp!Tvcnjuufe!cz!Fbsui!Ufdi`X!Nbsufmmp!Tfbxbmm!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm
Qbdlfu!Qh/!2264
Buubdinfou;!Cje!Ubcvmbujpo!Tiffu`4/35/33!!)Bhsffnfou!x0!Fbsui!Ufdi!gps!X!Nbsufmmp!Tfbxbmm!Sfqbjst*
E/2/e
Qbdlfu!Qh/!2265
against the
.
BID AMOUNT
$2,677,400.00$3,898,000.00
AT 3:00 PM
5%5%
BID BOND
BUDGET AND FINANCE TABULATION SHEET
MARCH 24, 2022
PURCHASING DEPARTMENT
MONROE COUNTY, FLORIDA
OPEN DATE:
WEST MARTELLO SEAWALL HURRICANE REPAIRS
Butch McGovern (Earth Tech), Marco Auson, Chelsea Lyon (Coral Construction)
:
TITLE:
RESPONDENT
Cary Vick
:
icted & Suspended Vendor listings. All bids listed above were received by the date and time specified
Earth Tech Enterprises, Inc
Coral Construction Company
the Public Present
Bid Committee PresentMembers of I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checkedState of Florida ConvBid
Opened By: Lisa Abreu, Purchasing Coordinator