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05/15/2013 Agreement Amy HEAvILIN3 CPA ... r - i CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA • DATE: May 29, 2013 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger 1 FROM: Pamela G. Hancl cV At the May 15, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item C28 Contract with MBI/K2M Architecture Inc. to provide professional services as required to prepare construction drawings to route the sanitary sewer from the Marathon Courthouse, Marathon Sheriff's Sub - station, and the Marathon Library, to U.S. Highway 1 and connect to the City of Marathon's sewer system. This contract is funded by the one -cent infrastructure tax. Enclosed is a copy for your handling. Item C30 Contract with Pedro Falcon Electrical Contractors Inc. for the ADA Compliance Segment #4 project. This ADA Segment is funded by a Community Development Block Grant (CDBG). Enclosed is a duplicate original for your handling. Item C31 Contract with William P. Horn Architect, P.A. for Professional Services for the Design through Construction Administration of a Fitness Trail at Higgs Beach. Funding will be from the one- cent infrastructure tax. Enclosed is a duplicate original for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File k/ } 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 ADA COMPLIANCE SEGMENT # 4 Agreement Between Owner and Contractor THIS AGREEMENT made as of the 15 day of May the year of TWO THOUSAND AND THIRTEEN, BETWEEN the Owner: Monroe County Board of County Commissioners (Name and address) 500 Whitehead Street Kev West. Florida 33040 and the Contractor: Pedro Falcon Electrical Contractors, Inc. (Name and address) 31160 Avenue C Big Pine Key, FL 33043 For the following Project: ADA COMPLIANCE SEGMENT # 4 Monroe County, FL. Facilities Interior Public Access Areas The work consists of numerous and varied construction projects created to update certain County facilities and to bring the facilities into compliance with the Americans with Disabilities Act of 1990 (ADA) and Amendments thereto. The facilities are located in Monroe County, FL.. The Contractor's work will include, but is not limited to, the items delineated in Section 01760 of the Proposal documents, and in the requirements of the Community Development Block Grant (CDBG). This Section describes in some detail the 10 Facilities: ( #1- Islamorada Public Library, #2- Marathon Animal Shelter, #3- Marathon Government Center Annex, #4- Marathon Detention Center, #6- Marathon Senior Center, #7- Marathon Library, #9- Big Pine Library, #10- Big Pine Key Tax Office, #12- Old Stiglitz House), where the work will be required. The Section provides preliminary sketches and photos of anticipated projects, for illustration purposes only. County does not guarantee the accuracy of the designs and CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements and to obtain required permits. If the ADA requirements differ between State and Federal requirements, the "more stringent" requirement shall be used in construction. Contractor shall provide for approval all drawings and technical specifications to Monroe County Project Management prior to construction. The scope of work inclues al other requirements of the contract document Project Management: The Director of Project Management Monroe County Project Management = r%3 1100 Simonton Street - Second Floor — Room 2 -216 n Key West, Florida 33040 _ o 0 The Owner and Contractor agree as set forth below. CONTRACT BETWEEN OWNER AND CONTRACTOR 1 ADA COMPLIANCE SEGMENT # 4 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, "ATTACHMENT A" of this contract, Project Manual dated January, 2013 requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental Conditions, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. 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. 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: Scope of Work for this project as specified in "ATTACHMENT A" of this contract. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date specified on the Notice to Proceed issued by the Director of Project Management. Due to the grant funding constraints, the Contractor shall achieve Substantial Completion of the entire Work not later than October 1, 2013 Final Completion shall be on or before October 31, 2013 Work shall begin upon 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 payable to Owner 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. CONTRACT BETWEEN OWNER AND CONTRACTOR 2 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. CONTRACT BETWEEN OWNER AND CONTRACTOR 2 ADA COMPLIANCE SEGMENT # 4 ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Lump Sum Amount of THREE HUNDRED THOUSAND FOUR HUNDRED DOLLARS ($300,400.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Lump 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 4.3 Unit prices, if any, are as follows: 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 Management, 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 calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 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. 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 net cost to the Owner as indicated 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. CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 4 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 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 will be withheld in accordance with section 218.735 (8), Florida Statutes 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. 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 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 20 days after the issuance of the final approval for payment. ARTICLE 7 INSURANCE INSURANCE REQUIREMENTS Worker's Compensation Employers Liability General Liability, including Premise Operation Blanket Contractual Expanded Definition of Property Damage Products and Completed Operations Personal Injury Underground, Explosion and Collapse (XCU) Statutory Limits $500,000/500,000 /500,000 $500,000 Combined Single Limit or $300,000 per Person $500,000 per Occurrence $200,000 Property Damage Vehicle Liability (Owned, nonowned, and hired vehicles) $300,000 Combined Single Limit or $200,000 per Person $300,000 per Occurrence $200,000 Property Damage CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 4 Builders' Risk Builder's Risk will be required on sites when there are structural alterations on a building. Coverage shall include: Theft, Windstorm, Hail, EFxplosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse, and Flood. The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the bulding, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioenrs shall be named as Additional Insured and Loss Payee. ARTICLE 8 Miscellaneous Provisions 8.1 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. 8.2 Payment shall be made according to the Florida Local Government Prompt Payment Act. 8.3 Temporary facilities and services: As described in Section 01500 of the General Requirements, A Temporary Facility shall be located in a centralized location within the area of the scope of work. The Contractor shall be entirely responsible, including but not limited to the financial responsibility for the establishment of temporary facilities and services for the project, including obtaining proper permitting, and any and all necessities required for the installation of the facilities. 8.4 Individual Facility Substantial Completion, as used herein shall mean that point at which, as approved in writing by Project Management, in the form of a letter, advising the Contractor that the individual facility is at a level of completion such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. This is separate and distinct from substantial completion of the entire project, and partial use or occupancy of an individual facility shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. 8.5 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 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 on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 8.6 Contractor shall determine all permits, impact fees, inspections, testing and survey CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 4 (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. The Contractor shall secure and pay for all permits, impact fees and inspections up to $15,000.00 (Fifteen Thousand Dollars) total for permits, impact fees and inspections. Those fees for permits, impact fees and inspections that exceed a total of $15,000.00 shall be the responsibility of the Owner. All survey costs remain the responsibility of the Contractor. The County will assess County Building Permit Fees and County Impact Fees. The cost of all testing, and surveys for the project site /building shall be paid by the Contractor. The Contractor is required to secure all such permits impact fees inspections testing surveys and to provide all installation, permitting, required for the execution of the Contract 8.7 The Contractor shall be responsible to secure and pay for all testing services of an independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or governing authorities. Contractor shall include the cost of all inspection and testing fees in his proposal. 8.8 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, and in accordance to the Department of Community Affairs CDBG Supplemental Conditions attached hereto as Section 01750. 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 four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: 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. 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 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 CONTRACT BETWEEN OWNER AND CONTRACTOR 6 ADA COMPLIANCE SEGMENT # 4 shall include attorney's fees and in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 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. 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 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. i) Cooperation. In the event any administrative or legal proceeding is instituted against either parry 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. County and Contractor 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. County or Contractor 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 VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Ame ricans with Disabilities Act of 1990 (42 USC s. 1201 Not as m aybe amended from time to CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 4 time, relating to nondiscrimination on the basis of disability; 10) Section 01750 Department of Community Affairs CDBG Supplemental Conditions; 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. 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. 1) 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) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Owner 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. P) 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. q) 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 offere in satisfaction of the obligation or responsibility. Further, this CONTRACT BETWEEN OWNER AND CONTRACTOR ADA COMPLIANCE SEGMENT # 4 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. r) 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. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) 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. u) 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. v) 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 w) 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 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. x) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) 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) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damag losses CONTRACT BETWEEN OWNER AND CONTRACTOR 9 ADA COMPLIANCE SEGMENT # 4 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 indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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 the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. y) The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. Termination or Suspension 8.9 The Contract may be terminated by the Owner as provided in the attached Article 14 of the General Conditions, or as outlined in the attached Section 01750 Department of Community Affairs CDBG Supplemental Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, "ATTACHMENT A" of this contract, Project Manual dated January, 2013 requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental Conditions, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. CONTRACT BETWEEN OWNER AND CONTRACTOR 10 ADA COMPLIANCE SEGMENT # 4 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 Project Manual dated January, 2013 including the CDBG Supplemental Conditions and other requirements under the CDBG. 9.1.4 The Specifications are those contained in "ATTACHMENT A ", the Project Manual dated January, 2013 and as listed in Table of Contents, Section 000001 of the Project Manual for this project. 9.1.5 The Preliminary Sketches and Photos issued by Project Management for the construction of the ADA COMPLIANCE SEGMENT # 4 The Addenda, if any, are as follows: N/A Number Date Pages 1 FEBRUARY 14, 2013 7 9.1.7 The Alternates, if any, are as follows: N/A CONTRACT BETWEEN OWNER AND CONTRACTOR 11 ADA COMPLIANCE SEGMENT # 4 This Agreement is entered into as of the day and year first written above and is executed in at least five original copies of which one is to be delivered to the Contractor, one to Project Management for use in the administration of the Contract, and the remainder to the Owner. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: Am eavilin, Clerk By: Deputy Clerk Date 5f 1 /Z i 2 , BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FLORIDA By � Mayor /Chairman (SEAL) Attest: By: I -. Print Name: Patricia J Wi Title: as Witness Date: 2013 April 29 And: By: KN CNI V ul"i Print Name: Kristie Kaj fasz Title: as Witness Date: 2013 April- 29 STATE OF FLORIDA CONTRACTOR Pedro Falcon E rical Contractors Inc. By: Print name: Christian Brisson Title: as President Date: 2013 April 29 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date---- .�?�� COUNTY OF MONROE / On this 99 day of Apri 1 • 2011 before me ,the undersigned notary public, Personally appeared Christian Brisson known tome to be the Person whose name is subscribed above or who produced NA As identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for the construction of ADA COMPLIANCE SEGMENT # 4 f ores therein co . ned. otary ubIic Laura A. Sturgeon Print Name My commission expires: Seal Notary Public State of Florida Laura A Sturgeon My Commission EE109001 ? a Expires 10/09/2015 CONTRACT BETWEEN OWNER AND CONTRACTOR 12 ADA Compliance Segment #4 General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 1. General Provisions 8. 2. Owner 9. 3. Contractor 10 4. Administration of the Contract 11 5. Subcontractors 12 6. Construction by Owner or By Other 13 Contractors 7. Changes in the Work 14 General Conditions Time Payments and Completion Protection of Persons and Property Insurance and Bonds Uncovering and Correction of Work Miscellaneous Provisions Termination or Suspension of the Contract 1 ADA Compliance Segment #4 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, "ATTACHMENT A" of this contract, Project Manual dated January, 2013 requirements under the CDBG, and the ADA, Section 01750 CDBG Supplemental Conditions, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by Project Management. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification entered into bwith the same formality as this Agreement. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Owner and a Subcontractor or (2) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Contractor. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts. 1.1.5 The Drawings: Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work. Section 01760 of the Proposal Document provides preliminary sketches and photos of the anticipated projects, for illustration purposes only. County does not guarantee the accuracy of the designs and CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements, requirements of CDBG, and to obtain required permits. 1.1.6 The Specifications: The Specifications for this project shall be the latest requirements for compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments thereto, or applicable State law, whichever are the most stringent. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. General Conditions ADA Compliance Segment 44 1.2 Execution, Correlation and Intent 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site(s), become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Not used 1.3 Ownership and Use of Section 01760 Drawings, and Other Documents 1.3.1 Section 1760 provides preliminary sketches and photos of anticipated projects, for illustration purposes only. This Section, prepared by Project Management, are instruments of Project Management through which the Work to be executed by the Contractor is described preliminarily. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or materialmen or equipment supplier shall own or claim a copyright in this Section or any part thereof and other documents prepared by Project Management. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. Section 01760 and other documents prepared by Project Management and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of Section 01760 and other documents prepared by Project Management appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the sketches, photos and other documents prepared by Project Management. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1. 3.2 N/A 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation General Conditions ADA Compliance Segment #4 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The Owner has furnished at Section 01760 of the Proposal Documents preliminary sketches and photos of anticipated projects, for illustration purposes only. County does not guarantee the accuracy of the designs and CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements and to obtain required permits. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Section 01760 and Project Manuals as are reasonably necessary for execution of the Work, with the exception of those drawings, surveys or other documents that the Contractor has determined are necessary to augment or replace the preliminary illustractions, drawings and photos. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management. 2.2.7 Not used. 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work General Conditions ADA Compliance Segment #4 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three -day period give the Contractor a second written notice to correct such deficiencies within a three -day period. If the Contractor within such second three -day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Project Management and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean -up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by Project Management, notice will be given, and contractor is required to rectify deficiency immediately. ARTICLE 3 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to Project Management errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Project Management. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management at once. CONTRACTOR will be required to provide engineered /architectural drawings and technical specifications where necessary to insure compliance with ADA requirements and to obtain required permits. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. General Conditions ADA Compliance Segment #4 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of Project Management as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Project Management in their administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will because for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Project Management, the Contractor will remove and /or replace the employee at the request of Project Management. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Project Management, if required, to accommodate any discovered variations or deviations from the preliminary sketches and photos provided by Section 01760 and State and Federal requiremetns so that the progress of the Work is not adversely affected 3.5 Warranty 6 General Conditions ADA Compliance Segment #4 3.5.1 The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by Project Management, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 Contractor shall determine all permits, impact fees, inspections, testing and survey (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. The Contractor shall secure and pay for all permits, impact fees and inspections up to $15,000.00 (Fifteen Thousand Dollars) total for permits, impact fees and inspections. The County does not waive any County Building Permit Fees, County Impact Fees or other fees required by Federal, State Law and local ordinance. Those fees for permits, impact fees and inspections that exceed a total of $15,000.00 shall be the responsibility of the Owner. All survey costs remain the responsibility of the Contractor. The cost of all testing, and surveys for the project site /building shall be paid by the Contractor. The Contractor is required to secure all such permits, impact fees, inspections, testing, surveys, and to provide all installation, permitting, required for the execution of the Contract. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Project Management in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Project Management, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to Project Management and shall not be changed except General Conditions ADA Compliance Segment #4 with the consent of Project Management, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3. 10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's information and approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to Project Management's approval. 3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 Project Management will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11 .1 The Contractor shall maintain at the site for the Owner one record copy of the preliminary sketche, and photos, and any subsequent drawings, the Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Project Management and shall be delivered to Project Management for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples Submitted by Contrator 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance with the schedule and sequence approved by Project Management, Shop Drawings, Product General Conditions ADA Compliance Segment #4 Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Project Management in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Project Management. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by Project Management's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Project Management in writing of such deviation at the time of submittal and Project Management have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Project Management's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Project Management on previous submittals. 3.12.10 Informational submittals upon which Project Management and is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Project Management shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Project Management for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project Management before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. General Conditions ADA Compliance Segment #4 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of Project Management shall also be required. The Contractor shall not unreasonably withhold from Project Management or any separate contractor his consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block -out, cutout opening, or other hole in any fire - related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Project Management. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project Management may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner /Project Management access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Project Management harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Project Management. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, 10 General Conditions ADA Compliance Segment #4 fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed 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 indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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 the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 Project Management 4.1.1 The term "Project Management" means Monroe County Project Management Department or Project Management's authorized representative. 4.2 Administration of the Contract 4.2.1 Project Management will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Project Management will advise and consult with the Owner and will have authority to act on behalf of the Owner to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.2.2 Project Management will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 Project Management will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Project Management and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any 11 General Conditions ADA Compliance Segment #4 revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Project Management and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 Project Management will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, Project Management will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. 4.6.6 Project Management will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will Project Management be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Project Management will not have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Project Management. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other contractors hired directly by Owner or with the Owner's own forces shall be through Project Management. 4.6.8 Project Management will review and certify all Applications for Payment by the Contractor, including final payment. Project Management will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application and Project Request for Payment, along with the applicable Contractors' Applications and Request for Payment, will be processed by Project Management. 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 Project Management will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. Project Management will have the authority to reject Work which does not conform to the Contract Documents. Whenever Project Management considers it necessary or advisable for implementation of the intent of the Contract Documents, Project Management will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Project Management will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive. However, Project Management's authority to act under this Subparagraph 4.6. 10 or a decision made by Project Management in good faith either to exercise or not to exercise such authority shall not give rise to a duty or responsibility of 12 General Conditions ADA Compliance Segment #4 Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Project Management will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Owner those recommended for approval. Project Management's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 Project Management will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Project Management's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors or the Owner, while allowing sufficient time in Project Management's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. Project Managemnent's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Project Management will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7, and in compliance with County ordinance and policy, and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management. in conducting inspections to determine the dates of Substantial Completion, Individual Facility Substantial Completion and Final Completion. The Contractor will receive and forward to Project Management written warranties and related documents required by the Contract and assembled by the Contractor for each facility. The Contractor will forward to Project Management a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 If the Owner and Project Management agree, Project Management will provide one or more project representatives to assist in carrying out Project Management's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents upon request of the Owner or Contractor. Project Management's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Project Management shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations until 15 days after written request is made for them. 13 General Conditions ADA Compliance Segment #4 4.6.19 Contractor will give notice to Project Manager as each facility reaches Individual Substantial Facility Completion and when Project Managemennt agrees that the facility has reached this point Project Management will issue a letter of acceptance of Individual Facility Substantial Completion for each facility as it is completed and advising the Contractor that the individual facility is at a level of completion such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. This is separate and distinct from substantial completion of the entire project, and partial use or occupancy of an individual facility shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. 4.6.20 Project Management's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16` Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before 14 General Conditions ADA Compliance Segment #4 conditions are disturbed and in no event later than 21 days after first observance of the conditions. Project Management will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Project Management, (2) Not Applicable (3) a written order for a minor change in the Work issued by Project Management, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. ARTICLE 5 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor' does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor' is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project 15 General Conditions ADA Compliance Segment #4 Management for review by the Owner and Project Management the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Project Management will promptly reply to the Contractor in writing stating whether or not the Owner or Project Management, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Project Management has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Project Management has made reasonable objection. 5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Project Management makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner and Project Management under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement, for all or a portion of the Work, may assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of all or a part of the Contract by the Owner with the Contractor for cause pursuant to Paragraph 14.1 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. If the work has been suspended for more then 30 days, the Subcontractor's compensation shall be equitably adjusted. 16 General Conditions ADA Compliance Segment #4 ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations, released to the Owner by the Contractor, with the Owner's own forces, which include persons or entities under separate contracts with the Owner. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. If Owner elects to make such purchases directly, the cost of work shall be deducted from the contract amount. The amount of the deduction shall be determined by the cost of work as set forth in 7.2.4 and deducted by change order reflecting the amount deducted from the contract price. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts with the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Project Management shall be held harmless for any and all costs associated with improper coordination on the part of the Contractor. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to Project Management apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed or partial completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be bome by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 17 General Conditions ADA Compliance Segment 94 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Project Management within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Project Management for an increase in the Contract price, nor a claim against the Owner or Project Management for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Project Managementdetermines to be just. ARTICLE 7 CHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work maybe accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement between Project Management and Contractor; a Construction Change Directive requires agreement by Project Management and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by Project Management alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause 18 General Conditions ADA Compliance Segment #4 substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order shall not be issued if the work requested under the change order was anticipated based on the proposal documents. A Change Order is not to be used as a method to increase the cost of the contract and a requested Change Order may be refused by Project Management, if in its opinion the work was anticipated in the proposal documents. A Change Order is a written instrument prepared by Project Management and signed by the Owner and /or Project Management and Contractor, stating their agreement upon all of the following: 1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and 3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Project Management is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Project Management. The daily force account forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Project Management's representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project Management with all supporting documentation required by Project Management for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Project Management. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Project Management. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 19 General Conditions ADA Compliance Segment #4 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be net cost as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home /field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark -up for overhead shall be five percent (5 %) and the maximum percentage for profit shall be five percent (5 %); .2 if the Subcontractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %). If the Contractor does not perform the Work, the maximum mark -up for managing the Work will be five percent (5 %); 3. if the Subcontractor performs part of the actual Work, his percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Project Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project Management written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark -ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. Authority 7.4.1 Project Management will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued 20 General Conditions ADA Compliance Segment #4 through Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. ARTICLE 8 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by Project Management in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner /Project Management shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time; acknowledging that time is of the essence due to the grant funding restrictions 8.3 Delays and Extensions of Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Project Management, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Project Management, or by any other cause which Project Management determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Project Management may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Project Management not more than seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the 21 General Conditions ADA Compliance Segment #4 cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy -two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before the first Application for Payment, the Contractor shall submit to Project Management, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Project Management may require. This schedule, unless objected to by Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to Project Management an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Project Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in 22 General Conditions ADA Compliance Segment #4 writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub - subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 Project Management will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After Project Management's receipt of the Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project Management's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by Project Management to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of Project Management's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by Project Management. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that Project Management has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Project Management may decline to approve an Application for Payment if, in its opinion, the application is not adequately supported. If the Contractor and Project Management cannot 23 General Conditions ADA Compliance Segment #4 agree on a revised amount, Project Management shall process the Application for the amount it deems appropriate. Project Management may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to Project Management, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project Management. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After Project Management has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify Project Management. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by Project Management to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in similar manner. 9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner and Project Management on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner or Project Management shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 24 General Conditions ADA Compliance Segment #4 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Project Management to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub - subcontractors in a similar manner. 9.7 Not Used 9.8 Individual Facility Substantial Completion, as used herein shall mean that point at which, as approved in writing by Project Management, in the form of a letter, advising the Contractor that the individual facility is at a level of completion such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. This is separate and distinct from substantial completion of the entire project, and partial use or occupancy of an individual facility shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project Management, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Project Management. The Contractor shall then submit a request for another inspection by Project Management, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and 25 General Conditions ADA Compliance Segment #4 shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Project Management, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by letter of acceptance per Section 4.6.19 above, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Project Management shall jointly prepare and submit a list to Project Management as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Project Management. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project Management finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Project Management's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and 26 General Conditions ADA Compliance Segment #4 equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. 9.10.3 Not Used. 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner and Project Management that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to Project Management for review and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Project Management in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by Project Management. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10. 1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area 27 General Conditions ADA Compliance Segment #4 and report the condition to Project Management in writing. The Owner, Contractor and Project Management shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Project Management the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Project Management will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 28 General Conditions ADA Compliance Segment #4 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to Project Management. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Proposal Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11. 1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11. 1.4 The Contractor shall provide, to the County in care of Project Management, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A certified copy of the actual insurance policy 11 .1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 29 General Conditions ADA Compliance Segment #4 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" orr all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. Builder's Risk Insurance 11.2.1 Builder's Risk Insurance is to be provided by the Contractor for facilities that require structural alterations. 11.3 Public Construction Bond 11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Project Management's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by Project Management be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which Project Management has not specifically requested to observe prior to its being covered, Project Management may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 30 General Conditions ADA Compliance Segment #4 12.2.1 The Contractor shall promptly correct Work rejected by Project Management or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Project Management's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from Project Management, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for Project Management's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, 31 General Conditions ADA Compliance Segment #4 in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Project Management. 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: 32 General Conditions ADA Compliance Segment 94 For Contractor: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 For Owner: Director of Project Management County Administrator 1100 Simonton St., Room 2 -216 1100 Simonton St. Key West, Florida 33040 Key West Florida 33040 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Project Management, or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Project Management timely notice of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If Project Management, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, Project Management will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to Project Management of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project Management's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Project Management. 33 General Conditions ADA Compliance Segment #4 13.5.5 If Project Management is to observe tests, inspections, or approvals required by the Contract Documents, CONTRACTOR will promptly notify Project Management of the date, place and time of tests, inspections, or approvals, so that Project Management may observe. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a ublic authority having jurisdiction, with particular emphasis on the requirements for compliance with the Americans with Disabilities Act of 1990 (ADA) and ADA Amendments thereto, or applicable State law, whichever are the most stringent; .or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with Project Management, and upon certification by Project Management that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Ternination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination. 34 General Conditions C UNTY oMONROE KEY WEST FLORIDA 33040 (305) 294 -4641 FEBRUARY 14, 2013 BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Kim Wigington, District 1 George Neugent, District 2 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 ADA COMPLIANCE SEGMENT #4 RFP ADDENDUM NO.1 The information contained in this addendum, modifies, supplements or replaces information contained in the RFP and is hereby made a part of the Contract Documents. A pre -bid/ pre - proposal meeting was held in Marathon, Florida at the Engineering Building conference room on February 1, 2013 at 10:00am. Items 1 — 5 below were discussed in the meeting. Items 6 — 12 pertain to plumbing fixtures. Please see attached to this Addendum No. 1, the pre -bid sign -in sheet for attendees, project milestone schedule, the "Substantial Completion of an Individual Facility" form/ letter, clarification for facility #4 — Marathon Detention Center, and clarification for facility #9 — Big Pine Key Library. 1. All Proposers are to submit with their bids, a brief narrative of the proposed work for each facility. 2. The attached "Substantial Completion of an Individual Facility" form/ letter, will be used for each facility. 3. This is a Prevailing Wage project with Davis Bacon requirements. Certified payrolls are to be submitted weekly to Meridian Community Services for review and approval. Original certified payrolls to be sent to Monroe County Project Management. 4. All Proposers are to submit bids to remove the existing ADA picnic shelter located at Veterans Park. Provide and install a chickee but (to match existing on- site), and provide an ADA accessible route from the existing picnic table to the HC parking stall. 5. Proposers are directed to contact Bob Stone (305)289 -6077, to arrange a site visit for the Marathon Detention Center. All Proposers are encouraged to visit and become familiar with each facility before submitting proposals. Page 1 of 2 6. In all facilities where lavatory/ sink replacement is required (except holding cells in Detention facilities), the replacement shall be (American Standard, Barrier Free, Comrade Wall -Hung Lavatory, #0124.024) OR EQUAL. 7. In all facilities where lavatory faucet replacement is required (except holding cells in Detention facilities), the replacement shall be (American Standard, Selectronic, Innsbrook Electronic Lavatory Faucet, #6055.205) OR EQUAL. 8. In all facilities where water fountain replacement is required (except holding cells in Detention facilities), the replacement shall be (Elkay, Two Station Wall Mount Water Coolers, Barrier -Free Access (Adult and Child), NSF /ANSI 61 Compliant- Model EZSTL8C) OR EQUAL. 9. In all facilities where water closet /toilet replacement is required (except holding cells in Detention facilities), the replacement shall be (American Standard, Barrier Free, Madera 17H, Elongated Flush Valve Toilet, #3043.102), with, and (Olsonite, 95SS- Extra Heavy Duty Plastic Seat, #95SS ComfortCurve Open Front less Cover for Elongated Bowl with self sustaining hinge, WHITE) OR EQUAL. 10. In all facilities where water closet/toilet relocation/ adjustment is required (except holding cells in Detention facilities), provide and install (Sloan, Optima Systems, Battery Powered Flushometers, Model 8111 Low Consumption (1.6 gpf/ 6.0 Lpf)) OR EQUAL. 11. In all facilities where urinal replacement is required (except holding cells in Detention facilities), the replacement shall be (American Standard, Barrier Free, Trimbrook Urinal, #6561.017) OR EQUAL. 12. In all facilities where urinal relocation/ adjustment is required (except holding cells in Detention facilities), provide and install (Sloan, Exposed, Battery Powered, Sensor Operated G2 Model Urinal Flushometer, Model 8186- 1.0 Low Consumption (1.0 gpf/ 3.8 Lpf)) OR EQUAL. Prepared by: �� ^ Shane S. Smith Sr. Project Manager Monroe County, Project Management Department 305.395.2059 Page 2 of 2 LETTER OF SUBSTANTIAL COMPLETION OF AN INDIVIDUAL FACILTY PROJECT: ADA Compliance Segment #4 Facility# _, TO OWNER: Monroe County 1100 Simonton St. Key West, FI 33040 CONTRACT FOR: CONTRACT DATE: Permit #: TO CONTRACTOR: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ADA Renovations The Work performed for individual Facility # as described under this Contract has been reviewed and found, to the Owner's best knowledge, information and belief, to be substantially complete. Individual Facility Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. INSPECTOR (if used) BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time), on (date). OWNER BY Jerry Barnett, Director Project Management DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: Note - Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. ADA PRE -BID MEETING SEGMENT #4 MONROE COUTY ENGINEERING BLG. CONF.RM., MARATHON, FLORIDA RE PRESENTATIVE'S NAME COMPANY PHONE/EMAIL Shane S. Smith Monroe County Project Management 305 - 395 -2059 smith- shane(ci),monroecounty -fl.gov A4e14dis - 294 -1060- Irab� ipso" _ mMe r danral nnm ad �G ��i� ovedv lt- 6o ,157lrve*-dry 3oti- alt*- V? 7 dmalekg �Or�.�i £ G 1 C d�v�'� J ; 0 36 -3a lk>t �o,3. ��u - keoh�/ucfo i, 3or $7Z - ZZoO Fns Z8 K*t467 l erC J 6EIlUL%A. f A (lrn i?'1./ 1'1')12j) l r\ Zr' T�6�►"'I � It�3��. �<5- 292. IV zZ_ ASAf?17oer r - <Z�+ •Goy County of Monroe The Florida Keys 40 FEB. 1, 2013 BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem, Heather Carruthers, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 ADA COMPLIANCE SEGMENT #4 INTERIOR PUBLIC ACCESS AREAS PROJECT MILESTONE SCHEDULE JANUARY 23, 2013 - RFP TO MONROE COUNTY PURCHASING DEPARTMENT BY 8:OOAM. - SUBMIT RFP TO DEO/ MERIDIAN. JANUARY 25, 2013 -ADA SEGMENT #4 RFP ADVERTISE FOR 30 DAYS. FEBRUARY 1, 2013 - PRE - PROPOSAL MF;ETING. - LOCATION: MARATHON PUBLIC WORKS COMPLEX, ENGINEERING CONFERENCE ROOM, 2 FLOOR. FEBRUARY 13, 2013 - DEADLINE FOR PROPOSERS TO SUBMIT QUESTIONS. FEBRUARY 15, 2013 - DEADLINE TO SUBMIT ADDENDA. FEBRUARY 27, 2013 -BID OPENING ADA SEGMENT #4 APRIL 2, 2013 - BOCC MEETING AGENDA DEADLINE APRIL 17, 2013 -BOCC MEETING - REQUEST TO ACCEPT LOWEST BIDDER AND APPROVE SIGNED CONTRACT. - SUBMIT FINAL CONTRACT DOCUMENTS BINDER TO DEO APRIL 22, 2013 -PRE- CONSTRUCTION MEETING. - LOCATION: MARATHON PUBLIC WORKS COMPLEX, ENGINEERING CONFERENCE ROOM, 2ND FLOOR. -ISSUE NOTICE TO PROCEED OCTOBER 1, 2013 - SUBSTATIAL COMPLETION OF RENOVATIONS OCTOBER 31, 2013 -FINAL COMPLETION OF RENOVATIONS k e (T) ;r,7: • N- w 0 i,......,_-__ U1 Z 0- C\1 a ils. z (f) dw ,;10 o 1- u-1 rJ ll.! (T) .4, CZ o�_' } d °fit < �'"' o ° oW © - 0 Dtu ; EV -1 � p = -Jo Q ¢ op < 0 p (1:3 41iz (f) p (t) uaw 1 I-<--J (() 'r w1" o Z 21-- z > < QI— fwQ Vw 0 � pQ oz0 VZ z0z 11 V a_ ujo wc.') Q CZ a.. Q �.. U) r = w o r o < o z ua F- I- ,i, W 0 � � O � � � o � Z 4� mo z � O 9 n_ pU w () Z I i o Q d ` ' t t �, I- tL/ -_ s c. Z Z < 0 o w J o ,„ , i (.) ik,.��,� t < al. ems`" i IL- < ({_ W �- -�" 11� z Qom. (5) o • co z o . *\ 1 tn 2 of„;:i..,.... - .,-4 0 U w � � w • ;r Q u.f Ui 05 }- waNaza� Q 5w� � o U � � r�! p oLw � � —.. Z V 41 E � 00 1-- wQ ,- CZ J OZ � Q 4 o - 0 J' uj °Zdu aU 0 0LL- v a jLU < 1__ U- ILI 44/- tt I: L �1_ )-- o 0 ...,..-- < 1_-- z lz a ci._ n 0 (S) < tli p_ U-J < 0_, U_1 cz oZ % ez ur o • f o Q cz FriE _ p ca Q O v. 0 M F' ILI cv z z w ��1T CZ w z 0 eZ 2 0 w w ez 4 CZ Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C, Big Pine Key, FL 330434516 (305) 872 -2200 • Fax (305) 872 -2219 • falconel@bellsouth.net CGC 1507617 / EC 0001491 / EC 13003416 27 February 2013 Monroe County — ADA Compliance Segment # 4 Design Narrative For the purposes of this project Pedro Falcon Electrical Contractors, Inc. will team with the firm of mbi /k2m Architecture, Inc. to perform design review and prepare signed and sealed plans and specifications ready for permit submittal to the various building agencies required for each site. Site visits were made to each site and the RFP documents reviewed against actual conditions encountered during the site visit. Our Design Architect, in conjunction with PFEC Project Manager, Ken Bygler assessed each site. Attached is a bullet point narrative that briefly describes the work requested and required. Additionally the following challenges have been identified. Islamorada Library- it was discovered that the oldest section of the building was built in 1935. This may present some challenges with attaining ADA compliance and maintaining the historical aspects of the building. In particular, the egress door has been identified as an older style door with potential historical significance. Marathon Animal Shelter- Configuring the existing bathroom to meet ADA clearances presents a challenge. It is probable that additional space may need to be taken from areas other than the existing bathroom layout in order to attain the required clearances. Marathon Government Center Annex — additional space may need to be relinquished in order to attain the clearances required for the corridors. Marathon Detention Center- The cost of detention equipment is comparatively high when dealing with detention grade fixtures. For the Holding Cell and shower we are providing pre- manufactured detention grade items. PFEC has performed several detention projects in the past and are thoroughly familiar with the nuances of performing this type of specialty work. Marathon Tax Collector- The vestibule door modification may require changes to the storefront frame in order to accomplish the requested work. Industrial • Commercial • Institutional • Utility Established 1985 Marathon Senior Center- No significant challenges were identified at this site. Marathon Library- This site requires both interior and exterior work. Bathroom walls may need to be reconfigured to achieve compliance. Additionally a code review may eliminate work with the water fountains. Marathon Clerk of Courts- There is no water provided at the facility and a water cooler may need to be used to provide the required water. No maintenance for this item, if required, included. Big Pine Key Library- With the addition of Addendum One no significant issues were identified. Big Pine Key Tax Office- the requirement for change in direction at the front door will require some modification to the existing storefront system. Blue Heron Park- The existing dimensions for the two restrooms does not provide enough room to meet ADA compliance. The existing storage space may need to be eliminated in order to accomplish ADA Compliance. This has been taken into account in this proposal. Old Stiglitz House- The existing space dimensions do not provide enough room to meet ADA Compliance. Existing area not included may need to be reconfigured in order to meet ADA Compliance. This has been taken into account in this proposal. Veterans Park- No significant issues identified. See Following Bullet Point Summary from Proposed Design Architect. mbi I k2m ARCHITECTURE, INC. February 26, 2013 Monroe County — ADA Compliance Segment 44 Design Narrative 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33040 PHONE: 305.292.7722 FAX: 305.292.2162 PROF. REG. NO. AA26001059 The Design Team has reviewed the ADA Compliance Segment #4 Scope of Work and provide the following as our understanding of the requirements for the RFP, taking into account existing conditions, building code, and accessibility code requirements. The project consists of 13 sites for interior public access. The Design Team for the project will be: Design / Builder: Ken Bygler, Project Manager Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 Tel: 305.872.2200 Architect: Anthony D. Sarno, R.A., NCARB mbi I k2m Architecture, Inc. 1001 Whitehead Street Key West, Florida 33040 Tel: 305.292.7722 Facility #1: Islamorada Public Libran Scope of work requires the following: • New ADA compliant grate • New ADA compliant ramp and handrails / guardrails • Reconfigure window AC unit for protruding objects at exterior ramp • New entrance door to match existing with hardware, signage, and clearances • Replace old front door hardware with lever type and relocate furniture for accessible clearances • Relocate fire extinguisher for protruding object compliance • New panic hardware on egress doors from main library • New drinking fountain (hi -lo) • Door hardware adjustment / replacement on exit door for time and force • Men's restroom: • Door hardware adjustment / replacement for force • Entrance signage • Reconfigure urinal • Reconfigure door for clearances • Relocate toilet accessories • Rework ADA stall partitions for clearances • Grab bars at urinal if required by Code • Women's restroom: • Door hardware adjustment / replacement for force • Entrance signage 1 CLEVELAND KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA WASHINGTON DC bi k2m 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33044 PHONE: 305.292.7722 FAX: 305.292.2162 ARCHITECTURE, INC. PROF. REG. NO. AA26001059 • Reconfigure water closet • Reconfigure door for clearances • Relocate toilet accessories o Accessible computer terminal table Facility #2: Marathon Animal Shelter Scope of work requires the following: • New entrance door with hardware and signage • Reconfigure exterior landing with new stairs and handrails. Tie to Segment #2 Scope of Work for ramp reconfiguration and entrance walk • New rear entrance door with hardware • New rear landing, stairs, and handrails / guardrails • New restroom with partitions, door, signage, fixtures, accessories, and finishes. does not provide for accessible restroom. • New hi -lo drinking fountain Facilitv #3: Marathon Government Center Annex Scope of work requires the following: • Relocation of interior furniture for accessible routes • Reconfigure door at Administrative Assistance Corridor 02 for clearances • Egress Door Storages Room 2: • Door hardware adjustment / replacement for force • New threshold • Relocate furniture for clearances • Reconfigure door at Corridor 01 to Corridor 03 for clearances • Interior door signage • Door hardware adjustment / replacement for closing force Egress Door Corridor 03 • Unisex restroom: • Door hardware adjustment / replacement for time • Signage • Reconfigure side wall grab bar • Provide plumbing insulation protection • Reconfigure toilet accessories • Door signage Men's and Women's Restrooms • Reconfigure drinking fountain for adjacent door clearance Facilitv #4: Marathon Detention Center Scope of work requires the following: • Main entrance door: • New threshold • Signage • Entrance carpet replacement with compliant type • Accessible Holding Cell #3 • Door removal with wall infill • New entrance door with hardware and signage (detention grade) • Reconfigure concrete slab bed • Accessible transfer shower with accessories (detention grade) Existing dimensions 2 CLEVELAND KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC i 1001 I \ ST, FLORIDA STREET KEY WEST, FLI 33040 PHONE: 305.292.7722 FAX: 305.29 2.2162 ARCHITECTURE, INC. PROF. REG. NO. AA26001059 ■ Accessible water closet and lavatory (detention grade) ■ Exterior window removal and infill • Relocate fire extinguisher for protruding object compliance • Dormitory A: • Reconfigure bunk for clearances with signage • Reconfigure door to exercise yard with landing, ramp, and threshold • New side and rear grab bars at existing water closet • New toilet accessories • New lavatory • Reconfigure existing table for accessibility • Entrance signage on sally port gate should NOT be required as it is included within Segment #1 Scope of Work • Lower security call box for access from sally port drive area • Reconfigure sally port curb ramp to provide landing at call box Facility #5: Marathon Tax Collector Scope of work requires the following: • Main entrance door signage • Vestibule entrance door signage • Vestibule door hardware adjustment / replacement for force • Lower portion of existing reception counter for accessibility • Provide accessible computer terminal table Facilitv #6: Marathon Senior Center Scope of work requires the following: • New entrance door with hardware • New drinking fountain • Egress door: • New threshold • Relocate furniture for clearances • Door hardware adjustment / replacement for time and force • Meeting room furniture relocation • Men's restroom: • Reverse door swing with new closer • Door signage for Accessible Unisex • Door clearances through removal of storage closet • Relocate water closet • New rear grab bar • New lavatory with plumbing protection • Reconfigure toilet accessories • Women's restroom: • Door signage for NON Accessible Unisex • Remove shelf at door • Reconfigure fire extinguisher for door clearances 3 CLEVELAND KEY WEST CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC 1001 WHITEHEAD STREET bi k2m KEY WEST, FLORIDA 33040 PHONE: 305.292.7722 FAX: 305.292.2162 ARCHITECTURE, INC. PROF. REG. NO. AA26001059 Facility #7: Marathon Library Scope of work requires the following: • Exterior signage for accessible route • Main entrance door signage • Relocate furniture at main entrance door for clearances • Children's Stacks Patio Door: • Door hardware adjustment / replacement for force • New panic hardware • Meeting Room Doors: • Door signage at both doors • Door hardware adjustment / replacement for force at exterior door • New threshold at exterior door • Drinking fountains: • Code only requires one based on the estimated occupancy and recommend a closer review before proceeding with changes to both • Restroom drinking fountain • Adjust to increase water flow • Provide cup dispenser mounted at accessible height • Stacks drinking fountain • Rework adjacent stacks / millwork to provide clearance • Relocate stacks and bookshelves to provide accessible clearances Main Stack Area • Relocate furniture and bookshelves to provide accessible clearances Children's Stack Area • Relocate pull station in Meeting Room for accessible clearances • Men's restroom: • Door signage • Door clearances through adjustment of side partition • Door hardware adjustment / replacement for force • Relocate water closet • Reconfigure urinal • Provide plumbing insulation protection • Provide side and rear grab bars at water closet • Relocate toilet accessories • Women's restroom: • Door signage • Door clearances through adjustment of side partition • Door hardware adjustment / replacement for force • Provide plumbing insulation protection • Install fire alarm device tied to fire alarm system • Provide side and rear grab bars at water closet • Signage at Employee restroom directing to accessible restrooms 4 CLEVELAND KEY WEST ( CHARLOTTE SOUTHWEST FLORIDA I WASHINGTON DC bi k2m 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33040 PHONE: 305.292.7722 FAX: 305.292.2162 ARCHITECTURE, INC. PROF. REG. NO. AA26001059 Facility #8: Marathon Clerk of Courts Scope of work requires the following: • Main entrance door: • New threshold • Door signage • Install fire alarm device in main area • Lower portion of existing reception counter for accessibility • Install drinking fountain. Note there appears to be no immediate access to plumbing so water cooler may be more appropriate given limited occupancy Facilitv #9: Big Pine Kev Library Scope of work requires the following: • Main entrance door: • Relocate adjacent furniture for clearances • Door signage • Door hardware adjustment / replacement for force • Remove drinking fountain and install water cooler adjacent reception area. Note code may not permit removal of drinking fountain and replacement with water cooler. Recommend reconfiguring existing drinking fountain to comply with ADA requirements • Men's restroom: • Entrance Door: • Door signage • New lever type hardware with privacy lock • New Door closer • Provide electronic flush valve at water closet • Reconfigure urinal • Relocate toilet accessories • Repair floor drain • Provide plumbing insulation protection • Install soap dispenser • Women's restroom: • Entrance Door: • Door signage • New lever type hardware with privacy lock • New Door closer • Reconfigure toilet partitions with stall door closer and latch. Note since restroom is being reconfigured for single use, partitions are not required • Rear egress door: • New door with panic hardware and closer • Door signage • Reconfigure adjacent closet for clearances • Note existing landing and ramp is not ADA compliant and Scope does not include reconfiguration. • Provide accessible computer terminal table 5 CLEVELAND KEY WEST CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC 1001 WHITEHEAD STREET k2m KEY WEST, FLORIDA 33040 mbi I PHONE: 305.292.7722 FAX: 305.292.2162 ARCHITECTURE, INC. PROF_ REG. NO. AA26001059 Facility #10: Big Pine Key Tax Office Scope of work requires the following: • Main entrance door: • New door with swing reversed and hardware • Door signage • Accessible route directional signage Rear Egress door • New restroom with partitions, door, signage, fixtures, accessories, and finishes. Existing dimensions does not provide for accessible restroom. • Provide accessible computer terminal table Facility #11: Blue Heron Park Scope of work requires the following: • New restrooms with partitions, door, signage, fixtures, accessories, and finishes. Existing dimensions does not provide for accessible restroom. • Interior door signage • New entrance door with hardware, signage, and emergency exit sign • Interior signage • New hi -lo drinking fountain • Reconfigure reception counter for accessibility Facilitv #12: Old Stialitz house Scope of work requires the following: • Interior door signage • Entrance door signage • New restroom with partitions, door, signage, fixtures, accessories, and finishes. Existing dimensions does not provide for accessible restroom. • Reconfigure kitchen as required with restroom Scope of Work • Relocate water heater and reconfigure storage room finishes as required • New drinking fountain Facility #13: Veterans Park Scope of work requires the following: o Accessible shelter: • Remove existing structure and replace with chickee but to match existing • Slab replacement with max 1:48 slope in all directions • Reconfigure existing or provide new accessible picnic table • Paint shelter and table to match existing 6 CLEVELAND KEY WEST Y CHARLOTTE I SOUTHWEST FLORIDA WASHINGTON DC ADA COMPLIANCE SEGMENT # 4 SECTION 00110 NON - COLLUSION AFFIDAVIT Christian Bris of the city Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1. lam Pr ofthe firm of Pedro Falcon El Cont ractors, Inc. the bidder making the Proposal for the project described in the notice for calling for bids for: ADA Compliance Segment # 4 and that I executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that said project. 27 February 2013 (Signature of Bidder) (Date) STATE OF: 1 �a- COUNTY OF: on Y94!? PERSONALLY APPEARED BEFORE ME, the undersigned authority, (�/ / l��J��A97 OV'15sd - r� who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this day of �"ebr��ru .20 . AR UBLIC My commission expires: Notary Public State or Florida NIP Laura A Sturgeon My Commluloe EE109001 Expires 10/09/2015 PROPOSAL FORM 00110 -6 ADA COMPLIANCE SEGMENT # 4 SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE „Pedro Falcon Electrical Contractors, Inc. (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -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 ". (Signature) Date: 27 F ebruary 2 STATE OF: _4k `/zyQ., COUNTY OF: M(njK Subscribed and sworn to (or affirmed) before me on FPi� /��ICL�'L/ of / / 3 (date) by h , 1 � 1 5.57'1 (name of affiant). He /She is p ersona_ II_v know to me or has produced NA as identification. (Type of identification) N RY UBLIC My commission expires: N WXY N" 1� 1� Nc"ary FU NO State of Florida Laura A Sturgeon My Cwnmbalon EE1090o1 or n Irma& I OXV2015 PROPOSAL FORM 00110 -7 ADA COM PLIANCE SEGMENT # 4 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Pedro Falcon Electrical Contractors, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Christian Brisson, President Date 27 February 2013 PROPOSAL FORM 00110 -8 ADA COMPLIANCE SEGMENT # 4 SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w /area code Fax: Cell: Address NO SUBCONTRACTORS HAVE BEEN IDENTIFIED AT THIS TIME. UPON COMPLETION OF THE DESIGN FOR EACH SITE SUBCONTRACTORS WILL BE IDENTIFIED BASED UPON THE SPECIFIC NEEDS OF EACH SITE. IT IS THE INTENT OF PEDRO FALCON ELECTRICAL CONTRACTORS, INC TO SELF - PERFORM THE VAST MAJORITY OF THE WORK. PROPOSAL FORM 00110 -9 i tD 00 v O 'a1 H M 0 N a 0 z 0 H H no a0 ` OH Hcl� rAz m U. U- r F- z0 � HU w W `A M .. CU CO U Q z aw zu WW mul 00 t m r z w • OD -% S'w fie g Y e� 0 v/ ° O N w ri' x v EJ W .HWwH 0 M HU N H M u IX W I N 0 O4 O W U r u u •• azw>1 Ho4 ° (D O J W a cn :> 4j -e)ZW 0 0 u toa A O Li a: H U o V too oa au - o. w N �A+� 4J 04H 0w ri H y w zs `14 $4 4a M N -•i z a��ba aW o Hza zu E-4 �w a u ao uv a zz OH HEa Eaz WE) Q, 44 a o p w� c t: w; LL LL f7 i CJ Ne U1 r F m mo W -COO 14 U) EaH Z ►7 C=.P; W C!1 [� O ..:.- . l� a, U M' Q off z U off U OU za ru a u o� H ow H P4 ch E-H a o vwu w e �O 00 -ri W W a O N a 3 Z. 0 G"+ �� N � O H U O N ° N w' (D Ca oa : acs N W P;Wr -iH CD _ Nub caw as (D 4) -H Q ° H`z0 i tD 00 v O 'a1 H M 0 N a 0 z 0 H H no a0 ` OH Hcl� rAz m U. U- r F- z0 � HU w W `A M .. CU CO U Q z aw zu WW mul t m z w -% S'w fie g Y e� v/ ° O w ri' x v EJ W .HWwH 0 M HU N H M u IX W I H � � wa 0 O4 O W U r u u •• azw>1 Ho4 ° (D O J W a cn :> 4j -e)ZW 0 0 u A O Li a: H UO o V too oa au - o. N �A+� 4J 0w ri H w zs `14 $4 4a M N -•i a��ba Hza M J (n u tD O z Ur W G M O N W f W Z !Y r o �w +�, F o - = QwOoa� ZU m } W F L -J (7w p ° o LL Q� U Z�ZJZ LL F- u ° O o�¢az } °�� ULL1NOtn U c o W to >> ao `"�zUtV V a wY >W�CW v a ���Zp ��uZ< W oa��a4� y o ai O d p'j t w H - W (� o p L nO 31 Tq 00 M m M U CY Iii 0+ ° p o. f � o O .. O Q ` ° c U O a u > .. J 1 ai Z V C F c O _ '„ 1 M L _ ul W c C C v/ LL �-1 W m w >> N v ° LL a' N a mm ru �, c ° u ul N (n W -° o m O a z 0 CL E U cr 4) m W W c rq I� } > a Z =N O z o W u M O N X e O a G N L u �x V � �\ D d;: W w Z U J O O• r "� ! 0 o� UO o r UUw W 3 �I Q Q; Y , �' d m ro; Z o 5 o o M -� o co a Q := ! Z a tD a o o w 00 .� w ! ,� (? (1) o W a UU a m m O � N � to 7 10 O Y� E Z v E E o: Z a Q a' z a °o .- W < 4. L LJ . =: c= o O F m O F Q o f W %y x 10 H > E i ~ r m .a ~ (n w ADA COMPL IANCE SEGMENT # 4 BIDDER'S /PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability General Liability, including Premise Operation_ Blanket Contractual Expanded Definition of Property Damage Products and Completed Operations Personal Injury Underground, Explosion and Collapse (XCU) Statutory Limits $500,000/500,000 /500,000 $500,000 Combined Single Limit or $300,000 per Person $500,000 per Occurrence $200,000 Property Damage Vehicle Liability (Owned, nonowned, and hired vehicles) $300,000 Combined Single Limit or $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builders' Risk Builder's Risk will be required on sites when there are structural alterations on a building. Coverage shall include: Theft, Windstorm, Hail, EFxplosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse, and Flood. The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the bulding, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioenrs shall be named as Additional Insured and Loss Payee. INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damage, and expenses (including attorney's fees, court costs and expenses) which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event 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. PROPOSAL FORM 00110 -10 ADA COMPLIANCE SEGMENT # 4 The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. PROPOSAL FORM 00110 -11 ADA COMPLIANCE SEGMENT # 4 BIDDER'S /PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Pedro Falc E lectrical Contractors, Inc. - Bidder Signature Christian Brisson, as President INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder /proposer named above. The following deductibles apply to the corresponding policy. POLICY C GGS 173 U�C- l I -fc� SSl Z DEDUCTIBLES A S c, 6 It / cc C Liability policies are Occurrence Claims Made Insurance Agency ur END SECTION 00110 PROPOSAL FORM 00110 -12 ADA SEGMENT #4 INTERIOR PUBLIC ACCESS AREAS FOR MONROE COUNTY FACILITIES TABLE OF CONTENTS FACILITY NAME A DDRESS PAGE # 1. ISLAMORADA PUBLIC LIBRARY... 81830 Overseas Hwy ........ ............................... PAGE # 1 2 MARATHON ANIMAL SHELTER... 10600 Aviation Blvd..... ....... ............................... PAGE # 7 3 MARATHON GOV. CENTER ANNEX ..490 63rd Street ............. ............................... PAGE # 14 4 MARATHON DETENTION CENTER .... 3891 Ocean Terrace ....... ............................... PAGE # 20 5 - MARAT TAY C01 i ECTOR 3384 Overseas Highway PAGE # 28 (DRIVER'S I IGENGE 6. MARATHON SENIOR CENTER... Stanley Switlik School at 33rd Street ........................ PAGE # 32 7 MARATHON LIBRARY... 3251 Overseas Highway.... ................ ............................... PAGE # 39 8. MARATHON CLERK OF COURTS ...... .- ............ ......................... —PAGE # 46 9. BIG PINE KEY LIBRARY ....213 Key Deer Boulevard, Big Pine Key .......................... PAGE # 51 10. BIG PINE KEY TAX OFFICE (DMV)..... 201 Key Deer Boulevard, Big Pine Key............ PAGE # 58 LL RI III ERCM PARK:- -: -._ Pine Key ...................................... PAGE 4 64 12 OLD STIGLITZ HOUSE.....30150 South St. Big Pine Key ................. ...........................PAGE # 70 13, VE -- �t84cea Side, Little Bdsk Key ........ ...........................PAR€ #-r? 'edro Falcon Electrical Contractors Spreadsheet Breakdowr Negotiated 0 O C\l O m v7 0 cb co ............. 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N J E N e � L. a Q a� � - N w Q �O rn 0 M I- (D (Q CL U H O U M r l O U r-I M U -rl v U Q) r-I W O U r-I M G1, O N a ADA SEGMENT #4 INTERIOR PUBLIC ACCESS AREAS FOR MONROE COUNTY FACILITIES SECTION 1750 CDBG SUPPLEMENTAL CONDITIONS Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In case of disagreement with any other section of this contract, the Supplemental Conditions shall govern. 1. Termination (Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies 5. Environmental Compliance (Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Conflict of Interest 9. Utilization of Minority and Women's Businesses 10. Federal Labor Standards Provisions (Davis- Bacon, Copeland, and Contract Work Hours Act) 11. Guidance to Contractor for Compliance with Labor Standards Provisions 1. TERMINATION (CAUSE AND /OR CONVENIENCE) A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. 15 -1 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c) above. 2. ACCESS TO RECORDS The local government, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. REMEDIES Unless otherwise provided in this contract, all claims, counter- claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 5. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over $100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94- 163). 7. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the Contractor agrees as follows: 15 -2 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, 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. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246 (contracts /subcontracts above $10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, 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 a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) 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 without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) 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. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others. 15 -3 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized 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. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (a) through (g) 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 Department may direct as a means of enforcing such provisions, including sections of noncompliance. 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 Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts /subcontracts exceeding $10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Female participation: 6.9% (statewide) Minority participation (See Appendix at CDBG -25 for goals for each county) These goals are applicable to all Contractor's construction work (whether or not it is federally - assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non - Federally involved construction. The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. 15 -4 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a) As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, U. S. Treasury Department Form 941. 4. "Minority" includes: (I) Black (all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander (all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island); and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 15 -5 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally- assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off - the- street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. 15 -6 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and /or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60 -3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 15 -7 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association, joint contractor- union, contractor - community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 15 -8 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. (16) The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non - Segregated Facilities (over $10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he /she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he /she does not permit employees to perform their services at any location, under his /her control, where segregated facilities are maintained. He /She certifies further that he /she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he /she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He /She further agrees that (except where he /she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods). D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national original, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 15 -9 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) F. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 15 -10 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) G. Section 503 Handicapped (Contracts $2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, 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 Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. H. Age Discrimination Act of 1975 No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 15 -11 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/212010 (Construction Contracts) 9. UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M /WBE firms, including identifying what firms were solicited as suppliers and /or subcontractors, as applicable. Information regarding certified M /WBE firms can be obtained from: ➢ Florida Department of Management Services, Office of Supplier Diversity, ➢ Florida Department of Transportation (construction services, particularly highway), ➢ Minority Business Development Center in most major cities, and ➢ Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 10. FEDERAL LABOR STANDARDS PROVISIONS (Davis -Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: 15 -12 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) 15 -13 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (2) Withholding. HUD or its designee 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 the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. (3) (a) Payrolls and Basic Records Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215- 0017). (b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014 -1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance ", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 15 -14 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A(3)(b)(ii) of this section. (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) (a) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship 15 -15 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (6) Subcontracts The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act Requirements All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 15 -16 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (9) Disputes Concerning Labor Standards Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of Eli ibility By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions ", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." (11) Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act As used in the paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (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 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 subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore 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 subparagraph (1) of this paragraph, in the sum of $10 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 subparagraph (1) of this paragraph. 15 -17 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 contract, 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 subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph 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 subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS A. Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision. (2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits regardless of the individual amounts reflected in the "Rates" and "Fringe Benefits" columns. 15 -18 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis -Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis -Bacon and related acts only establish minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses "basic rate of pay" as the base for calculation, not the minimum rates established by the Davis -Bacon and related acts.) D. Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court- ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor ( USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. 15 -19 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis -Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis -Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers /mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification (s) based on the work performed. G. Sole Proprietorships / Independent Contractors / Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as "owner" is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. H. Apprentices /Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis -Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the "trade" depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a "helper ". As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 15 -20 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) Appendix Minority Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7- B(2)(b) of the CDBG Supplemental Conditions. These are contractor workforce goals, not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must document compliance with. Tampa -St. Petersburg Area Percentage Hillsborough, Pinellas, Pasco 17.9 Charlotte, Citrus, Collier, Desoto, 17.1 Hardee, Hernando, & Highlands (all seven) Lee 15.3 Manatee 15.9 Polk 18.0 Sarasota 10.5 Tallahassee Area Leon, Wakulla 24.3 Calhoun, Franklin, Gadsden, Jackson, 29.5 Jefferson, Liberty, Madison, & Taylor (all eight) Pensacola - Panama City Area Bay 14.1 Escambia, Santa Rosa 18.3 Gulf, Holmes, Okaloosa, 15.4 Walton, & Washington (all five) Jacksonville Area Alachua 20.6 Baker, Clay, Duval, 21.8 Nassau, & St. Johns (all five) Bradford, Columbia, Dixie, Gilchrist 22.2 Hamilton, Lafayette, Levy, Marion, (all 11) Putnam, Suwannee, & Union 15 -21 Department of Community Affairs — Community Development Block Grant Program CDBG Supplemental Conditions 11/2/2010 (Construction Contracts) Orlando - Davtona Beach Area Volusia Brevard Orange, Osceola, Seminole Flagler, Lake, Sumter Miami - Fort Lauderdale Area Dade Broward Palm Beach Glades, Hendry, Indian River Martin, Monroe, & Okeechobee, & St. Lucie Percentage 15.7 10.7 15.5 14.9 39.5 15.5 22.4 30.4 (all seven) 15 -22 FL200 Building Monroe County 4- 30- 2013.txt General Decision Number: FL130200 01/04/2013 FL200 Superseded General Decision Number: FL20120200 State: Florida Construction Type: Highway Counties: Glades, Hardee, Hendry and Monroe Counties in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/04/2013 SUFL2009 -196 08/05/2009 WELDERS - Receive rate prescribed for craft performing Page 1 Rates Fringes CARPENTER, Including Formwork .... S 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 ................S 9.43 0.00 LABORER: Pipelayer ..............S 8.33 0.00 OPERATOR: Backhoe/Excavator ..... S 10.42 0.00 OPERATOR: Bulldozer .............$ 11.69 0.00 OPERATOR: Distributor ........... S 10.38 0.00 OPERATOR: Grader/Blade .......... $ 13.78 0.00 OPERATOR: Loader ................S 10.33 0.00 OPERATOR: Milling Machine ....... S 10.08 0.00 OPERATOR: Oiler .................S 9.58 0.00 OPERATOR: Paver .................S 11.59 2.10 OPERATOR: Roller ................S 10.23 0.00 OPERATOR: Screed ................S 11.70 0.00 OPERATOR: Tractor ...............$ 8.15 0.00 TRUCK DRIVER: 4 Axle Truck ...... S 11.18 1.60 TRUCK DRIVER: Lowboy Truck ...... S 11.86 0.00 TRUCK DRIVER: Dump Truck ......... ---------------------------------------------------------- S 17.00 0.00 - - - - -- WELDERS - Receive rate prescribed for craft performing Page 1 FL200 Building Monroe County 4- 30- 2013.txt 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 (29CFR 5.5 (a) (1) (ii)). The body of each wage determination and wage rates that have been found cited type(s) of construction in the determination. The classifications order of "identifiers" that indicate rate is union or non - union. union Identifiers lists the classification to be prevailing for the area covered by the wage are listed in alphabetical whether the particular An identifier enclosed in dotted lines beginning with characters other than "Su" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows 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. The date, 07/01/2011, following these characters is the effective date of the most current neggotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -union Identifiers classifications listed under an "Su" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. su indicates the rates are not union majority rates, LA indicates the state of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date,.5 /13/2010, indicates the classifications and rates under that identifier were issued as a General wage Determination on that date. survey wage rates will remain in effect and will not change until a new survey is conducted. Page 2 FL200 Building Monroe County 4- 30- 2013.txt 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 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 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 wa a and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 73. 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 Page 3 FL63 Building Monroe County 4- 30- 2013.txt General Decision Number: FL130063 03/29/2013 FL63 superseded General Decision Number: FL20120063 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). Modification Number Publication Date 0 01/04/2013 1 03/29/2013 ELECO349 -003 09/05/2011 Rates Fringes ELECTRICIAN Electrical contracts including mateials that are over $2,000,000.........$ 30.11 896 Electrical contracts including materials that are under $2,000,000........5 27.15 8.64 ---------------------------------------------------------------- ENG10487 -004 01/01/2010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity.... .......$ 28.05 8.75 Yard crane, Hydraulic Crane, Cpacity 15 Ton and under .......................$ 21.00 8.75 ---------------------------------------------------------------- IRONO272 -004 10/01/2011 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING ......................$ 23.94 5.93 ---------------------------------------------------------------- * PAINO365 -004 09/01/2011 Rates Fringes PAINTER: Brush Only .............$ 15.75 7.03 ---------------------------------------------------------------- SFFL0821 -001 07/01/2012 Rates Fringes SPRINKLER FITTER (Fire Sprinklers ) ......................S 27.93 16.44 ---------------------------------------------------------------- * SHEE0032 -003 08/12/2012 Page 1 FL63 Building Monroe County 4- 30- 2013.txt Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation ) ....................S 23.65 12.03 ---------------------------------------------------------------- * SUFL2009 -059 05/22/2009 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away ............ S 8.00 0.15 ---------------------------------------------------------- - - - - -- 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 (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification 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 union or non - union. Page 2 Rates Fringes CARPENTER ........................S 15.08 5.07 CEMENT MASON /CONCRETE FINISHER ... S 12.45 0.00 FENCE ERECTOR ....................S 9.94 0.00 LABORER: Common or General ...... $ 8.62 0.00 LABORER: Pipelayer .............. S 10.A5 0.00 OPERATOR: Backhoe /Excavator ..... S 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and concrete) ......... S 9.58 0.00 OPERATOR: Pump ..................S 11.00 0.00 PAINTER: Roller and spray ....... $ 11.21 0.00 PLUMBER ..........................S 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and single Ply .......................S 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... 5 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away ............ S 8.00 0.15 ---------------------------------------------------------- - - - - -- 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 (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification 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 union or non - union. Page 2 FL63 Building Monroe County 4- 30- 2013.txt union Identifiers An identifier enclosed in dotted lines beginning with characters other than "Su" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows 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. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -union Identifiers classifications listed under an "Su" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. Su indicates the rates are not union majority rates, LA indicates the state of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General wage Determination on that date. survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------- - - - - -- 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 awage 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 =gacon sur-ve program. If the response from this initial Contact as not sati i sfactory, then °the process described in 2.) Page 3 FL63 Building Monroe county 4- 30- 2013.txt 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 Construttion Wage Determinations wage and HOUt pivision 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 CPR 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 tAe 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 Page 4 (3) Table of Contents Subcontracting Requirements 3 Labor Standards Overview 5 Common Questions Regarding Davis Bacon 9 Notice to Employees 14 Wage Decision (Davis Bacon Requirement) 16 Form Required to Add an Additional Classification to the Wage Decision 20 Authorization to Make Deductions (form) 22 Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employees (form) 25 Sample Payroll Form Attached 1 Subcontracting Requirements Specific Requirements for Subcontractors (A) The Owner is responsible for ensuring that the contractor(s) cause(s) appropriate provisions to be inserted in all subcontracts to bind subcontractors to all CDBG contract requirements. (B) Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. (C) Work performed by any contractor listed as debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments will be ineligible for reimbursement wholly or partially from CDBG. (D) All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246 (see page 38). (E) All subcontracts must contain a nondiscrimination clause. (F) Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts. (G) Each subcontractor must submit weekly payroll records and a weekly statement of compliance. These documents should be submitted to the prime contractor. The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form W H -347. (H) Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. Labor Standards Overview A. OVERVIEW The Davis -Bacon Act (DBA) applies to all construction contracts over $2,000, unless the programs authorizing legislation contains exceptions. a. The DBA requires that all workers or mechanics working on covered projects be paid minimum hourly wages and fringe benefits according to the wage decision(s) applicable to that contract. b. Work done by a local government's own employees (force account) is not subject to DBA. c. If any portion of a contract requires DBA, then all work performed under that contract is subject to DBA. d. In the CDBG program, only rehabilitation of residential property containing less than 8 units is exempt from DBA. 2. Additionally, contractors must comply with the Contract Work Hours and Safety Standards Act (CWHSSA) and the Copeland (Anti- Kickback). a. The CWHSSA requires that, for any project in which the prime contract exceeds $100,000, workers be paid one and one -half times their normal hourly rate for any hours worked in excess of 40 hours weekly, based on a workweek of seven consecutive days. b. The Copeland Act prohibits any person from inducing a worker, on a federally funded project, to give up any part of the compensation to which the worker is entitled. B. WAGE DECISIONS Under DBA, construction work is categorized as Residential, Building, Heavy, Water and Sewer, or Highway work. Each construction contract to which DBA applies must contain the wage decision for the appropriate category (or categories) based on the work required by the contract. 2. A separate wage decision for a category is not required if the value of work (as bid) in that category does not exceed 20% of the total "as bid" construction cost. (Note that the actual bid cost, not the estimated cost, determines whether a separate wage decision is used.) 3. If more than one wage decision is used, the payrolls must reflect which wage decision is applicable unless all workers are paid at least the highest hourly rate possible under either wage decision. C. LOCAL GOVERNMENT MONITORING DURING CONSTRUCTION During project construction, the local government or its representative will monitor compliance with the DBA, CWHSSA, and Copeland Act by reviewing payrolls of the contractor and all subcontractors. 2. The DBA applies to laborers and mechanics working on any project when the prime contract exceeds $2,000. a. The DBA does not apply to supervisory staff, provided at least 80% of their time during the work week is spent performing supervisory tasks. Otherwise, they are subject to the DBA during that workweek. b. "Self- employed owners" are not exempt from the DBA and must submit a payroll report reflecting the hours worked on the project, the type of work being performed, and that they are the owner. Hourly rates do not need to be reported if this information is not known, but the amount of the subcontract should be indicated. c. "Supply" contracts are also not subject to the DBA. (A supply contract furnishes only equipment, materials or supplies which involves no or only "incidental" construction at the project site. Construction is "incidental" if it does not exceed 13% of the contract or subcontract price and there is documentation to support this. 3. During project construction, the local government or its representative will also conduct interviews with the contractor's and subcontractors' workers to verify the accuracy of the payrolls. a. Interviews must cover a representative sample (between 15% and 20 %) of each classification used by the contractor /subcontractor. b. On -site interviews will be conducted whenever possible, but mail interviews may be conducted if on -site interviews cannot be performed. c. Any discrepancies between the interviews and payrolls must be resolved in a timely manner which, to the extent possible, shields the identity of the worker(s) involved. 4. If a contractor /subcontractor is required to pay a cumulative total of more than $100 in back wages during the contract period, the local government is required to submit an enforcement report to DCA. a. Any corrective actions by a contractor must be documented in the project files. For back wages over $10, there must be a copy of the front of the wage restitution check and a signed acknowledgment from the worker that the check was received, including the amount received. b. If there are overtime violations, the local government must assess liquidated damages of $10 per day per worker who should have received overtime but did not. D. DEO MONITORING The DEO will typically monitor when construction is between 60 -80% complete. 2. During monitoring, special attention is given to the following areas: a. payrolls, particularly from subcontractors, are being submitted and reviewed in a timely manner; b. all classifications are included in the wage decision or have been conformed /added with DEO /DOL approval; c. any helper /trainee /apprentice classifications are in accordance with regulations for these titles; d. signed authorizations are on file for any worker with "other' deductions; e. interviews have been conducted with workers of the prime contractor and any subcontractors; f. if more than one decision was used, the payrolls distinguish which wage decision is being used for each worker; and g. the wage decision is posted in a conspicuous location at the project site. E. TYPICAL LABOR STANDARDS MONITORING PROBLEMS 1. Inappropriate use of "apprentice ", "trainee ", and "helper' classifications. 2. Use of a classification which is not in the wage decision or is vague ( "operator'). 3. Failure to obtain subcontractor payrolls. 4. Lack of signed authorizations for workers with "other" deductions. 5. Lack of interviews, including not covering enough classifications or not interviewing subcontractors. 6. "Salaried" workers covered by DBA not treated as an hourly worker for regular and overtime purposes. 7. Using one wage decision when two are required based on value of work in each category. 8. If two wage decisions are used, and workers are not paid the higher hourly rate possible for that classification, payrolls fail to reflect which wage decision(s) is applicable to which worker. Common Questions Regarding Davis Bacon Common Questions Regarding Davis Bacon The wage determination applicable to my project does not contain a class of workers which is needed to complete construction. Can a worker classification and wage rate be added to an existing wage determination? After contract award, a contractor shall submit to the owner, the addition of any needed classification of laborers or mechanics not listed in the wage determination, together with the proposed wage rates and fringe benefits conformable to the wage determination. Such an action requires the concurrence of the employees or their representative and the owner, and the Wage and Hour Division of the U.S. Department of Labor ( USDOL) must approve of the action. An additional classification action is not valid unless the USDOL Department had approved it. If a dispute exists, the matter must be referred to the Waae and Hour Division for resolution_ together with the view of all The owner shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. The owner will approve the classification and the proposed wage rate and fringe benefits only when the following criteria have been met: - The work to be performed by the classification requested is not performed by any classification in the wage determination; and - The classification is utilized in the area by the construction industry; and - The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and - There is evidence of agreement on the classification and proposed wage rate among the parties involved; and - The request does not involve wage rates for apprentices or trainees. If the officer believes that these criteria are not met, the classification or wage rate may not be approved but shall be referred to the Wage and Hour Division for resolution of dispute. All conformance notices submitted to USDOL will be responded to in writing within 30 days of receipt. These responses either approve or deny the request or inform the submitting agency that additional time will be required. Failure to receive a response does not constitute approval. If a response is not received, the Wage and Hour Division must be contacted directly. Every conformance request is analyzed to verify that the criteria for approval are complied with. How do workers on a construction site know that a project is covered by the Davis -Bacon Act? How do they know the prevailing wage to which they are entitled? The wage determination including any additional classifications and wage rates conformed) and a Davis -Bacon poster H -1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen. The WH -1321 poster may be obtained at no charge from offices of the Wage and Hour Division. Once construction has begun, are the workers' wage rates affected when the wage determination for the area in which the project is located is changed? As a general rule, the wage determination incorporated into a bid solicitation and related contract award establishes the minimum wage rates and fringe benefits which must be paid for the entire term of the contract. Is it possible for more than one wage schedule to apply to contract specifications? Construction projects are generally classified as either Building, Heavy, Highway or Residential for purposes of issuing wage determinations. Wage schedules for one or more of these construction categories may have application to construction items contained in a proposed construction project. Guidelines for the selection of proper wage schedules are set forth in All Agency Memoranda Nos. 130 (March 17, 1978) and 131 (July 14, 1978). Any questions regarding the application of these guidelines to a particular project, or any disputes regarding the application of the wage schedules issued for the various construction categories are to be referred to the Wage and Hour Division, together with relevant information, including a complete description of the project and area practice. As the owner, what is my obligation when the wage determinations applicable to a construction project contain multiple wage schedules? It is the responsibility of the owner to advise contractors which schedule shall be applied to the various construction items in the bid specifications. Because of the complexities in the application of multiple schedules (see Question 4 above), the owner should consult with the Wage and Hour Division to resolve any questions. Can apprentices, trainees, and/or helpers work on project covered by the Davis -Bacon or related Acts and what wage rates must they be paid? A person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or a person in the first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been properly certified to be eligible for probationary employment as an apprentice may work on such projects. Trainees employed must be persons registered in construction occupation under a program which has been approved in advance by the U.S. Department of Labor, Employment and Training Administration, as meeting its standards for on- the -job training programs and which have been so certified by that Administration. Note that information on wage rates paid to apprentices and trainees is not solicited nor do the wage determinations issued include apprenticed classifications. Similarly, their addition through the additional classification procedure (conformance) is neither necessary nor appropriate. On projects funded by the Federal Aid Highway Act, apprentices and trainees certified by the Secretary of Transportation are not covered by Davis -Bacon labor standards. The proper wage rates to be paid to apprentices and trainees are those specified by the particular programs in which they are enrolled, expressed as a percentage of the journeyman rate on the wage determination. In the event employees reported as apprentices or trainees on a covered project have not been properly registered within the meaning of the Regulations and the contract stipulations, or are utilized at the job site in excess of the ratio to journeymen permitted under the approved program, they must be paid the applicable wage rates for laborers and mechanics employed on the project performing the kind or classification of work they actually performed, regardless of work classifications which may be listed on the submitted payrolls and regardless of their level of skill. Under existing regulations, helper classifications are not listed in wage determinations or approved as an additional classification unless certain criteria are present: 1) the use of helpers is an established prevailing practice; 2) the duties of the helper are clearly defined and distinct from the duties of the journeyman classification; 3) their duties are distinct from the duties of the laborers, and 4) the "helper' is not synonymous with "trainee" in an informal training program. Helpers can only be employed on a Davis -Bacon project at wage rates less than those specified for a given craft classification if the applicable wage determination lists a prevailing wage for a particular helper classification or if the particular helper classification has been approved as an additional classification. In the event employees, improperly classified as helpers regardless of their level of skill, are employed on a covered project, they must be paid the applicable wage rates for laborers and mechanics employed on the project performing the kind or classification of work they actually performed. What wage rates must be paid to supervisory employees (foreman, general foremen, superintendents, etc.) employed on a covered project? The wage rates for bona fide supervisory employees are not regulated under the Davis -Bacon and related Acts since their duties are primarily administrative or executive in nature rather than those of laborers or mechanics. However, such employees who devote more than 20 percent of their time during a workweek to mechanic or laborer duties are laborers and mechanics for the time so spent, and must be paid the appropriate wage rates specified in the wage determination. Employees who are bona fide executive, administrative, or professional employees as defined under the Fair Labor Standards Act at 29 CFR Part 541 are not covered by the Davis -Bacon Act. What records shall contractors and subcontractors submit to the owner? Each contractor and subcontractor performing construction work on the project shall submit copies of their payroll records for employees working on the project as soon as practicable after each payroll. It is the responsibility of the prime contractor to include a copy of the Davis -Bacon wage determination in each construction subcontract and to ensure that subcontractors submit payroll records. What is the responsibility of the owner for monitoring contractor and subcontractor compliance with Davis -Bacon requirements? The owner shall ensure that the wage determination is posted at the job site and that payroll records are submitted on a timely basis. Payroll records should be reviewed to verify that the minimum wage rates for each classification are being paid. Random private interviews of a few employees of the prime contractor and each on -site subcontractor should be conducted monthly to determine type of work performed, classification, and hourly rate. Answers should be verified for agreement with payroll records. If payroll records or interviews indicate that minimum rates possibly are not being paid or that employee classification may be inappropriate based on work performed, the owner should contact the nearest Wage and Hour Division office for possible further investigation by that office. Please clarify the "in whole or in part" application of the Davis -Bacon Act regulations to construction contracts. The Davis -Bacon Act will apply to a contract if two conditions are met. First, the contract amount must exceed $2000. This amount is for the total contract, not just that portion involving federal funds. Second, the contract work must be subject to the Davis -Bacon Act by the authorizing legislation of the federal programs involved. If a construction contract involves more than one federal program, the applicability of the Davis -Bacon Act under each federal program must be reviewed. If the Davis -Bacon Act is applicable under one program, then the entire contract must comply with the Act's requirements even if that program's portion of the total contract cost is very small. Also, please note that the Davis -Bacon Act regulations use only the term "contract." Confusion arises from the use of "contract" and "project" interchangeably. The Davis -Bacon Act applies to contracts. A project may have more than one contract. It is possible that the Davis -Bacon Act will apply to one contract but not another, based on the two -part test described above. In monitoring for overtime, is the local government required to determine hours worked by an employee on other projects? The local government cannot require the contractor to submit payroll information from other projects. If the payroll being reviewed shows that an employee did not work more than 40 hours in the week, overtime is not an issue. OTHER IMPORTANT DAVIS BACON DETAILS The DOL will not consider any "helper" classifications, apparently due to no funding for staff needed to do this. A contractor should not even bother to submit a request for the "helper" classification. (If the worker does not qualify for classification as "apprentice" or "trainee," the most likely option is to use the full "trade" classification unless the contractor can show that another classification, such as "laborer," is more appropriate. But a "laborer' should not be using specialized tools of a trade.) 2. For deductions requiring DOL approval, DOL typically responds in just a few days and approval is usually given if 29 CFR 3 is met. Once a type of deduction is approved, the approval is good for one year for all federally- funded projects by the contractor. 3. Payroll deductions, beyond those listed in the regulation (29 CFR 3) as "permissible with USDOL approval," may still be made without USDOL approval if the deductions do not reduce the worker's pay (including any applicable fringe) below the minimum in the wage decision. 4. A worker's pay is considered to be in compliance with the wage decision if the total of hourly rate and any fringe benefits received equals at least the total minimum amount in the wage decision, regardless of the distribution between cash hourly rate and fringe benefits. (Example: If a wage decision requires $6 per hour and no fringe benefits, employer is in compliance by paying $5 hourly in cash and $1 in fringe benefits.) 5. A contractor's work week must be seven consecutive days. This is to preclude a contractor from changing his work week in a way to avoid overtime. 6. Owners are not exempt from the Davis -Bacon Act if they work on the project site. Notice to Employees The following "NOTICE TO ALL EMPLOYEES" MUST be posted on the Job Site NOTICE TO ALL EMPLOYEES Working on Federal or Federally Financed Construction Projects MINIMUM You must be paid not less than the wage rate in the schedule posted with this Notice for the WAGES kind of work you perform. OVERTIME APPRENTICES PROPER PAY You must be paid not less than one and one -half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: Ms. Leslie A. Robinson Project Manager /Housing Rehabilitation Specialist Government Services Group, Inc. Communit Services Division 1111 12 Street, Ste. 106 Key West, FL 33040 (305)294 -1000 or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under: U.S. Department of Labor Employment Standards Administration. WH Publication 1321 U.S. Department of Labor Revised January 1986 Employment Standards Administration Wage and Hour Division Current Wage Decisions (One for Building &Highway) General Decision Number: FL130063 03/29/2013 FL63 Superseded General Decision Number: FL20120063 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). Modification Number Publication Date 0 01/04/2013 1 03/29/2013 ELECO349 -003 09/05/2011 Rates Fringes ELECTRICIAN Electrical contracts including materials that are over $2,000,000......... $ 30.11 8.96 Electrical contracts including materials that are under $2,000,000........ $ 27.15 8.64 ---------------------------------------------------------------- ENG10487 -004 01/01/2010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity .................... $ 28.05 8.75 Yard Crane, Hydraulic Crane, Cpacity 15 Ton and Under ....................... $ 21.00 8.75 ---------------------------------------------------------------- I RO N 0272- 00410/01 /2011 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING ...................... $ 23.94 5.93 ---------------------------------------------------------------- * PAINO365 -004 09/01/2011 Rates Fringes PAINTER: Brush Only ............. $ 15.75 7.03 ---------------------------------------------------------------- SFFL0821 -001 07/01/2012 Rates Fringes SPRINKLER FITTER (Fire Sprinklers ) ...................... $ 27.93 16.44 ---------------------------------------------------------- - - - - -- * SHEE0032 -003 08/12/2012 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation ) .................... $ 23.65 12.03 ---------------------------------------------------------- - - - - -- * SUFL2009 -059 05/22/2009 General Decision Number: FL130200 01/04/2013 FL200 Superseded General Decision Number: FL20120200 State: Florida Construction Type: Highway Counties: Glades, Hardee, Hendry and Monroe Counties in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/04/2013 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 ---------------------------------------------------------- - - - - -- 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 (29CFR 5.5 (a) (1) (ii)). Form Required to Add an Additional Classification to the Wage Decision Employee/Employer Wage-Scale Agreement Grantee: Monroe County Date: Contract No: 10DB- K4- 11- 54- 02 -K24 Construction Contract Execution Date: Wage Decision: FL130200 (Highway) & FL130063 (Building) Project Description: ADA Compliance — Public Facilities Segment 4 Whereas, the County of Monroe has been unable to obtain a specific wage rate from the Department of Labor (DOL) /Department of Economic Opportunity (DEO), in the wage decision for this project for the classification of Residential, and because it also appears that there are no readily available similar positions that could be reclassified under the initial wage decision, and whereas 29 CFR Part 5.5 (a)(1)(ii) allows the rate for a classification under these circumstances to be set by mutual agreement among the employee(s), the employer, and the jurisdiction, subject to approval by HUD /DOL; Therefore by mutual consent the parties and persons signed below agree to an hourly rate of $ and fringe benefit rate of $ (may be included in hourly rate), for the above classification while acknowledging full compliance with all other federal labor standards requirements. Employee Date Local Government Official Employer (If Corporation, must be Officer) Date Date Note: Use one form for each affected employee. Authorization to Make Deductions (Form) NOTE: The contractor is required to maintain a copy of this authorization form for EVERY DEDUCTION other than those for Federal and State withholding taxes and Federal social security taxes. The only exception is that of court ordered deductions. In this case, a copy of the court order must be on file. This form need only be completed once for all payroll periods. If, however, any new deductions occur, a new form must be completed. AUTHORIZATION TO MAKE OTHER DEDUCTIONS I, , hereby authorize my employer, , to make deductions, not otherwise listed as permissible deductions in 29 CFR, on wages earned while employed on the following project: PROJECT NUMBER: 10DB- K4- 11- 54- 02 -K24 PROJECT NAME: ADA Compliance - Public Facilities Segment 4 PROJECT LOCATION: Monroe County, Islamorada — Big Pine Key These deductions are voluntary and are authorized for the purpose of Employee Date not to exceed ($ ). amount Witness Date PERMISSIBLE PAYROLL DEDUCTIONS The following payroll deductions may be made without requesting approval from the State of Florida (employee authorization or other documentation may still be required, however. Please consult with your program administrator on all payroll deductions.): (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of waged when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advances to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion of collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the forgoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: (1) The deduction is not otherwise prohibited by law; (2) it is either: (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deduction shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Savings bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shared in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (h) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreements between employee provided for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3 (M) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of Title 29, Code of Federal Regulations. When such a deduction is made, the additional records required under Section 516.27 (a) of Title 29, Code of Federal Regulations, shall be kept. Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employees (Form) CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENTS OF EMPLOYEES Project Name: ADA 4 Date: Location: Monroe County Project No.: D10DB- K4- 11- 54- 02 -K24 (1) (We) hereby certify that (I am) (we are) (the prime contractor) (the subcontractor) for (Specify "General Construction, " "Plumbing, " "Roofing, " etc.) in connection with construction of the above - mentioned Project, and that (1) (we) have appointed , whose signature appears below, to supervise the payment of (my) (out) employees beginning 20 : That he /she is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so- called Kick -Back Statue which he is to execute with (my) (our) full authority and approval until such time as (1) (we) submit to the (Administering agency — City) some other person for the purposes herein above stated. (Identifying Signature of Appointee) Attest (if required): (Signature) (Title) By: (Signature) a new certificate appointing (Name of Firm or Corporation) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation or by a member of a partnership, and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick -Back Statute. Sample Payroll Form Instructions For Completing Payroll Form, WH -347 Column 9 - Net Wages Paid for Week: Self - explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Items land 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement. Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH -347 payroll form to indicate the payment. Note any exceptions in section 4(c). Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. 3 Instructions For Completing Payroll Form, WH -347 Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection of information, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection of information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210. Note: In order to view, fill out, and print PDF forms, you need Adobe® Acrobat® Reader® version 5 or later, which you may download for free at www.adobe.com/products /acrobat /readsto2.html To save the completed forms on your workstation, you need to use the "Save As" method to save the file. For example, move your mouse curser over the PDF link and click on your "RIGHT" mouse button. This will cause a menu to be displayed, from which you will select the proper save option -- depending upon which browser you are using: For Microsoft IE users, select "Save Target As" For Netscape Navigator users, select "Save Link As" Once you've selected the proper save option for your browser, and have saved the file to a location you specified, go to your program menu and start the Adobe Acrobat® Reader. 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Z Q Q Q Q 0' � C O U O U w cv D O E W M U Q Q Q O N Section 3 Compliance Information (Construction Prime Contractor) Local Government Monroe County Project: CDBG Disaster Recovery T.S. Fay CDBG Grant #: IODB- K4- 11- 54- 02 -K24 Part A: Completed only by prime contractor if contract amount is at least $100,000 Contractor Name: 1. Does the business qualify as a "Section 3 business concern" because: Yes No a) it is at least 51% owned by Section 3 residents* •' b) at least 30% of its permanent full -time employees are: i) currently Section 3 residents* OR ii) were Section 3 residents* within first 3 years of employment •' c) will at least 25% (dollar value) of construction subcontracts (no material/supplies /equipment vendors unless they are also installing same) be to businesses meeting (a) or (b) above? If yes, list any Section 3 subcontractors and subcontract amount: Name: Amount: $ Name: Amount: $ Name: Amount: $ 2. Will the contractor be hiring any additional staff (office or field) for this project? Yes No If yes, what types of jobs (e.g., laborer, equipment operator), and how many additional hires estimated in each job type? * Section 3 resident is a member of a family whose total household income does not exceed a certain amount depending on family size and county of residence. The local government will provide a form and the information needed for each worker to make this determination on a "yes" or "no" basis without specifying exact total household income or income sources. Note: This contract is funded with federal funds and this information is required for reporting purposes. See Section 3 portion of CDBG Supplemental Conditions for additional information. Section 3 Compliance Information (Construction Subcontractor) Part B: Completed only by construction subcontractors if subcontract is at least $100,000 (do not include equipment or material suppliers unless they are installing also) Subcontractor Name: Subcontract Amount :$ 1. Does the business qualify as a "Section 3 business concern" because: Yes No a) it is at least 51 % owned by Section 3 residents* •' b) at least 30% of its permanent full -time employees are: i) currently Section 3 residents* OR ii) were Section 3 residents* within first 3 years of employment 2. Will the subcontractor hire any additional staff (office or field) for this project? _Yes No If yes, what types of jobs (e.g., laborer, equipment operator, and how many additional hires estimated in each job type? * Section 3 resident is a member of a family whose total household income does not exceed a certain amount depending on family size and county of residence. The local government will provide a form and the information needed for each worker to make this determination on a "yes" or "no" basis without specifying exact total household income or income sources. Note: This contract is funded with federal funds and this information is required for reporting purposes. See Section 3 portion of CDBG Supplemental Conditions for additional information Section 3 - Economic Opportunities What is Section 3? Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self - sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. Download Section 3 information from HUD's website: http: / /www.hud.gov/ offices /fheo /section3 /section3.cfm How does Section 3 promote self- sufficiency? Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this integral foundation coupled with other resources comes the opportunity for economic advancement and self - sufficiency. • Federal, state and local programs • Advocacy groups • Community and faith -based organizations How does Section 3 promote homeownership? Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting opportunities they have begun the first step to self - sufficiency. Who are Section 3 residents? Section 3 residents are: • Public housing residents or • Persons who live in the area where a HUD - assisted project is located and who have a household income that falls below HUD's low -mod income limits Determining Income Levels • Low income is defined as 80% or below the median income of that area. • Very low income is defined as 50% or below the median income of that area. What is a Section 3 business concern? A business that: • Is 51 percent or more owned by Section 3 residents; • Employs Section 3 residents for at least 30 percent of its full -time, permanent staff; or • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. What programs are covered? Section 3 applies to HUD - funded Public and Indian Housing assistance for development, operating, and modernization expenditures. Section 3 also applies to certain HUD - funded Housing and Community Development projects that complete housing rehabilitation, housing construction, and other public construction. What types of economic opportunities are available under Section 3? • Job training • Employment • Contracts Any employment resulting from these expenditures, including administration, management, clerical support, and construction, is subject to compliance with Section 3. Examples of Opportunities include: • Accounting • Architecture • Appliance repair • Bookkeeping • Bricklaying • Carpentry • Carpet Installation • Catering • Cement/Masonry • Computer /Information • Demolition • Drywall • Electrical • Elevator Construction • Engineering • Fencing • Florists • Heating • Iron Works • Janitorial • Landscaping • Machine Operation • Manufacturing • Marketing • Painting • Payroll Photography • Plastering • Plumbing • Printing Purchasing • Research • Surveying • Tile setting • Transportation • Word processing Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that promotes local economic development, neighborhood economic improvement, and individual self - sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possible, provide job training, employment, and contract opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. More about Section 3: 0 24 CFR 135 o Section 3 Summary Report Requirement of the Florida Small Cities and Disaster Recovery CDBG Programs Any recipient of CDBG funds that has an open grant must report Section 3 activities to the Department by July 31 each year using the Section 3 Summary Report form. The reports received from grant recipients will be summarized by the Department and submitted to HUD with the Annual Performance Report. The following information may assist you in completing the Section 3 Summary Report form: Section 3 persons are individuals from households with low or very low income. The Section 8 income limits are used to define low income. Section 3 is "race and gender" neutral. • If CDBG funds are used for one of the covered activities — housing rehab, housing construction or public construction — a report must be completed. If the funds awarded to a contractor are under $200,000, no activity needs to be reported. If the funds awarded to a subcontractor are under $100,000, no activity needs to be reported. o If a local government hires an employee that will have any oversight or administrative responsibilities relating to the covered activities, the local government should report Section 3 activity. • A permanent employee may be an employee hired for full time work on a temporary basis or an employee hired for full time work on the job site whether temporary or permanent. • Grant recipients and the contractors they work with should attempt to provide employment opportunities to Section 3 persons or businesses when possible. (job announcements, bid language, etc., may reference that priority will be given to Section 3 persons or businesses.) o Grant recipients are not required to set numerical goals nor are they required to have a Section 3 plan. This, however, does not exempt a local government from the requirement to attempt to make economic opportunities available for Section 3 persons or businesses within the area. • The area or jurisdiction is typically the county or the region surrounding the work to be paid for with CDBG funding OR the county or region nearest to the address of the recipient. Grant recipients may want to give preference to Section 3 individuals or businesses having the same zip code as a way of show preference. • Grant recipients will have to work closely with contractors in order to be able to report on Section 3 activities. The Department provides a form that contractors may complete to provide information regarding their Section 3 activities. o When contractors submit bids, they should state whether or not it will be necessary for them to employ an additional workers. If a contractor believes that additional employees may be necessary, they should indicate in the bid that they will give preference to hiring low income persons within the area. • Individuals who have been receiving public assistance may meet the definition of Section 3. • Any contract reported on the Contractual Obligations and Minority Business Enterprise report that is reflected as a Section 3 business should be reported on during the fiscal year in which the contract was awarded. The exclusion for minor rehab does not typically apply to CDBG since the housing unit is usually brought up to the local building code. Minor rehab consists of replacing broken windows, fixing a leaking roof, and other such repairs. 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Q) CL/ 0 U vl R/ 11 1 F) V R/ 0 0 LU D- o Q) n z 0 z CY) rl- 4-- 0 co 0) z 0 Q) C) uj 0 < U-J 0 Z JU AZ LU U A uj LU C-) Q) Z z < (:) LU IL LL tLj Im lu LU C) X C) U-1 — 0 O > < U b 00 a/- IL & < CL LLJ tu c:i LU a. z fl- I 0 :� Uo UJ (1/- ILI Llj cry rfj ui CD 0 < x &� lu LU Z U.J r Q) z u 67 ILI Q) c) 0 C) (-) LU C) Z > 0 lu u CL/ LLJ u} I— z z LLJ C) z 0 (1) U I 0 W (J) LLJ 11 0 O 0 CL- 0 , • NIELSON , HOOVER & ASSOCIATES PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(A) Ct e D o BOND No.: 105896297 rin,E. JUN 6 ?013 RECENED BY.• � l CONTRACTOR: PEDRO FALCON ELECTRICAL CONTRACTORS, INC. ADDRESS: 31160 AVENUE C BIG PINE KEY, FL 33043 PHONE NO.: (305) 872 -2200 SURETY COMPANY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ADDRESS: ONE TOWER SQUARE HARTFORD, CT 06183 PHONE No.: (866) 277 -0111 OWNER NAME: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS: 1100 SIMONTON STREET, 2 FLOOR, ROOM 2 -216 KEY WEST, FL 33040 PHONE No.: (305) 292 -4441 CONTRACT /PROJECT No.: PROJECT NAME: ADA COMPLIANCE SEGMENT #4, MONROE COUbITY, FACIMTIESi INTERIOR PUBLIC ACCESS AREAS 4, c . _ rn r C o PROJECT LOCATION: MONROE COUNTY, FL - to o LEGAL DESCRIPTION VARIOUS -v rn AND STREET ADDRESS: :.. - .J N C7 DESCRIPTION OF WORK: ADA COMPLIANCE (- FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless A of any page number(s) that may be preprinted thereon. C ADA COMPLIANCE SEGMENT # 4 SECTION 00501 PUBLIC CONSTRUCTION BOND Bond No. 105896297 BY THIS BOND, We PEDRO FALCON ELECTRICAL CONTRACTORS, INC. , as Principal and Travelers Casualty and Surety Company of America , a corporation, as Surety, are bound to Monroe County Board of County Commissioners , herein called Owner, in the sum of $ 300,400.00 for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1 . Performs the contract dated May 15 20 1 3 , between �ah Principal and Owner for construction of ADA Compliance Segment #4,14 e a e contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the contract documents and compliance with any formalities c,ormected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON May 31 , 20 13 Pedro Falcon Electrical Contractors, Inc. ( • ME OF P BY (AS ATTORNEY -IN -FACT) Christian Brisson, as President The provisions and limitations of Section 255.05 Florida Statutes. Trave rs C ,al,}.4r and Surety Company of' America including but not limited to the notice and time limitations in � ' / .- (4VAOF SURETY) Sections 255.05(2) and 255.05(10), are incorporated in this bond r ; by reference. BY Charles J. Nielson, ttorney In Fact CONSTRUCTION BID BOND 00501 -1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • /A■ POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225989 Certificate No. 0 0 5 319 5 8 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, David R. Hoover, Gicelle Pajon, Olga Iglesias, and Arthur Colley of the City of Miami Lakes , State of Florida , their true and lawful Attomey(s) -in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 4th day of January 2013 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company p1.5UA4,. 1'l1 !�v J FIRE 6 ..! ! O INSI/q t , AN4403 wp� Y �� s CO RA)Fi } RPOR �'s S 3 1 9 8 2 li CRgTEp � m .3l — m 7 W . � i S SS O 1977 a,. W � ; [ f : : ° - W HARTFORD, � < �y *eV 1 E 1951 ��„yN�� �'• SEALlo: !� ° CCNN. ? N ® � a s o � , :- - ,., SBlL ../ab o j� ANA ry . � I ti tV A NC E C V -.. .--• > " y 4 : •: dL >b +D A' _d{` Y' yM„ni.n� 5... A� l ' A 4,, • . � • 'P` Attu / I State of Connecticut By: City of Hartford ss. Robert L. Raney, enior Vice President On this the 4th day of January 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. to•TN ' ' ' ( C . My Commission expires the 30th day of June, 2016. * s UMA * Marie C. Tetreault, Notary Public OTP W N/" 58440 - 8 - 12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity. and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 31st day of May 2013 Kevin E. Hughes, Assistant Sec tary GI•$U,�� � � • �Si.. r Jy FINE 6 y STN �NSG p .� 1NSU4 PT AN �,(,C ~ r ll`p/ii^' n r 1 ...... J r ..... .. . 4 t 4J B 4 C S 6' f1 - T Sr S'�� i 7, p isss o � 1977 ` � �: z¢ _ _ .� 1 HARTFORD, .00 •�j a >t 1951 � , � • SEAL I �.S EbL'a CONN. rC' N teas ,4 ey � M > � Q '� � s� F � o.•.. . •, y a l • °*a^ ;; � "�` tom.: ANA is .... �a sl 0.0 AIN To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Nielson, Hoover&Associates Bond Department Public Works Bond In compliance with Florida Statutes 255.05(1Ba) Bond No. 105795471 Contractor Pedro Falcon Electrical Contractors, Inc. Address 3116o Avenue C Big Pine Key,FL 33043 Phone No. (305) 872-2200 Surety Company Travelers Casualty and Surety Company of America Address One Tower Square Hartford Connecticut 06183 Phone No. (860) 277-out Owner Name Monroe County Board of County Commissioners Address 500 Whitehead Street Key West, FL 33040 Phone Number (305) 292-3440 Contract/Project No. Project Name ADA Compliance Segment#3 Project Location Key West, FL Legal Description and/or Various Street Address Description of Work ADA Compliance Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. C ADA COMPLIANCE SEGMENT#3 Bond No. 105795471 SECTION 00501 PUBLIC CONSTRUCTION BOND BY THIS BOND, We PED RO FALCON ELECTRICAL CONTRACTORS. INC. , as Principal and Travelers Casualty and Surety Company of America , a corporation, as Surety, are bound to Monroe County Beard of County Commiseioenre , herein called Owner, in the sum of $ 259,533.36 for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated August 15 , 2012 , between Principal and Owner for construction of ADA Compliance Segment #3 the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON August 24 20 12 Pedro Falcon Electrical Contractors, Inc.' (NAME OF PRINCIPAL) BY iristian Brisson, as rest ent Tra lers Casty d Surety Comps (America (�AJN�OF SURETY) BY / j/ J Charles 3. Nielson, Attorney In Fact CONSTRUCTION BID BOND 00501-1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 222181 Certificate No. 004930081 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota.that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America arc corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa.and that Fidelity and Guaranty Insurance Underwriters. Inc.,is a corporation duly organized under the lays of the State of Wisconsin (herein collectively called the"Companies").and that the Companies do hereby make,constitute and appoint Charles a Nielson,Charles J.Nielson,Mary C.Acores.David R.Hoover,Gicelle Pajon,Olga Iglesias,Gloria McClure,and Arthur Colley of the City of Miami Lakes ,State of Florida .their true and lawful Atmmeyfslin-Fact. each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds.recognizances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 20th IN WITNESS WHEREOF.the Companies have caused this instrument to be signed and their corporate seals to he hereto affixed.this day of June -- Farmington Casually Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company SI.Paul Guardian Insurance Company 4� 4.111" Y w n rtp]mptm ® CL• k.N' n (.5 coN, 4�' '=69r 19s ;sad C 4 Ala i State of Connecticut By: _. City of Hartford es. Georg Thompson. ce Resided 20th June 2012 On this the day of before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters. Inc..St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer_ In Witness Whereof,I hereunto set my hand and official seal. IVA \r \ . C • V� `r'^^^^^^'s My Commission expires the 30th day of June,2016. * *NIA s* \Male C.Tamaolt.Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • • This Power of Attorney is granted under and by the authority of the following resolution.adopted by the Boards of Directors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman,any Executive Vice President. any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizance's,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,ally Executive Vice President,any Senior Vice President or my Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the ogee of the Secretary;and it is FURTHER RESOLVED,Thal any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond.recognizance,or conditional undertaking shall be valid and binding upon the Company when(o)signed by the President,any Vice Chairman,any Executive Vice President.any Senior Vice President or any Vice President,any Second Vice President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED.that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President. any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I.Kevin E.Hughes,the undersigned.Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc_St,Paul Fite and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company-Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company do hereby certify that he above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF.1 have hereunto set my hand and affixed the seals of said Companies this 24th day of Aukugguust 20 12 �nnE.H•ughes.Assistant Sec t 440 °Y 6 s r F r g1952 IOW }i p‘b'hcrv/ 1�A CO i� ®F Tb verify the authenticity of this Power of Attorney,call 1-800421d880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached, WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER