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1st Amendment 12/15/2010DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: December 22, 2010 TO: Judy Clarke, Engineering Public Works Division ATTN. Clarke Briggs FROM. Pamela G. Hanc cT. C. At December 15, 2010, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item C9: First Amendment to design build contract with Structural Preservation Systems, LLC, for the Geiger Creek Bridge Repair Design Build Project, to comply with revised Florida Department of Transportation (FDOT) requirements. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File FIRST AMENDMENT TO CONTRACT FOR THE GEIGER CREEK BRIDGE REPAIR DESIGN BUILD PROJECT THIS First AMENDMENT to the Contract for the Geiger Creek Bridge Repair Design Build Project ("AGREEMENT') entered into between MONROE COUNTY ("COUNTY") and Structural Preservation Systems, LLC; ("CONTRACTOR") is made and entered into this 15t' day of December, 2010, in order to amend the AGREEMENT, as follows: WITNESSETH WHEREAS, on the 20t' day of January, 2010, the parties entered into the AGREEMENT for the Geiger Creek Bridge Repair Design Build Project; and WHEREAS, in order to close out the project and to comply with the Florida Department of Transportation directives, Article 7.11 of the AGREEMENT is hereby amended as set forth below; and WHEREAS, Florida Department of Transportation requires that the applicable Wage Rate General Decision for Federally funded construction projects be attached to the Contract; NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Article 7.11 of the AGREEMENT shall be amended to delete portions of the present wording and to read only as follows: FHWA Form 1273: Form 1273 is attached hereto as Attachment C and made a part of this contract. The Contractor will adhere to all provisions in FHWA Form 1273. 2. The AGREEMENT shall be amended to include the Davis Bacon Act Wage Determination General Decision FL299 as attached hereto and made a part of the Agreement as Attachment E. 3. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in full force and effect. -REMAINDER OF PAGE 1 LEFT INTENTIONALLY BLANK SIGNATURE PAGE ONLY TO FOLLOW Page 1 of 2 S WHEREOF, the parties hereto have executed this Amendment on the date L. KOLHAGE, CLERK Witness Witness Attest: By: 1 r Title: 00 OLD C) UJI � C) U- LLJ LL- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mafor/ChAnan v I'D FIC)RUJ- Page 2 of 2 FAT - 9 A.i?0VAIS N Cy Davis Bacon Act Wage Determination General Decision FL299 ATTACHMENT E Page l of 3 General Decision Number: FL100299 03/12/2010 FL299 Superseded General Decision Number: FL20080299 State: Florida Construction Type: Highway Counties: Glades, Hardee, Hendry and Monroe Counties in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 SUFL2009-196 08/05/2009 Rates Fringes CARPENTER, Including Formwork .... $ 11.97 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 10.05 0.00 LABORER: Asphalt Raker .......... $ 9.75 2.19 LABORER: Common or General ...... $ 9.94 0.00 LABORER: Flagger................$ 9.43 0.00 LABORER: Pipelayer..............$ 8.33 0.00 OPERATOR: Backhoe/Excavator..... $ 10.42 0.00 OPERATOR: Bulldozer .............$ 11.69 0.00 OPERATOR: Distributor ........... $ 10.38 0.00 OPERATOR: Grader/Blade .......... $ 13.78 0.00 OPERATOR: Loader ................$ 10.33 0.00 OPERATOR: Milling Machine ....... $ 10.08 0.00 OPERATOR: Oiler .................$ 9.58 0.00 OPERATOR: Paver .................$ 11.59 2.10 OPERATOR: Roller ................$ 10.23 0.00 OPERATOR: Screed ................$ 11.70 0.00 OPERATOR: Tractor ...............$ 8.15 0.00 TRUCK DRIVER: 4 Axle Truck ...... $ 11.18 1.60 TRUCK DRIVER: Lowboy Truck ...... $ 11.86 0.00 TRUCK DRIVER: Dump Truck ......... $ 17.00 0.00 http://www.wdol.gov/wdoUscafiles/davisbacon/FL299.dvb 3/17/2010 Page 2 of 3 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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 (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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 Regional Office for the area in which the survey was conducted because those Regional Offices have 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 http://www.wdol.gov/wdoUscafiles/davisbacon/FL299.dvb 3/17/2010 • Page 3 of 3 Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. 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 DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/FL299.dvb 3/17/2010