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Item H13H.13 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 TheFloridaKeys Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: H.13 Agenda Item Summary #4909 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292-4429 NA AGENDA ITEM WORDING: Approval of a contract with Seatech of the Florida Keys, Inc. for the Freeman Justice Center Finish and Drywall Repairs in the amount of $76,745.00. Project is to replace drywall and finishes destroyed by Hurricane Irma. ITEM BACKGROUND: Water damage by Hurricane Irma lead to the need for professional air quality testing in County buildings. Testing resulted in positive tests for contamination and was immediately followed by cleaning and selective removal of contaminated materials by licensed mold technicians including at the Freeman Justice Center. Seatech was the only bidder for this project both times as it has been advertised as a Request for Proposals and the Invitation to Bid. PREVIOUS RELEVANT BOCC ACTION: On December 13, 2017, the Monroe County Board of County Commissioners ratified a contract with Inspect Key West, Inc, for air quality testing and reporting services for Monroe County buildings impacted by water intrusion damage by Hurricane Irma. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: EXECUTED Seatech Contract Freeman Interior Repairs Bid Tab Proposal Contract Summary Certificate of insurance FINANCIAL IMPACT: Packet Pg. 1288 H.13 Effective Date: 11-20-18 Expiration Date: Substantial completion not later than ninety (90) calendar days after date of commencement or issuance of a Notice to Proceed, and then followed by final completion. Total Dollar Value of Contract: $76,745.00 Total Cost to County: $76,745.00 Current Year Portion: $76,745.00 Budgeted: No Source of Funds: 125 CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: No Hurricane Irma Category E Repairs 11/20/18 125-01019 · DISASTER RCVRY CDBG $76,745.00 REVIEWED BY: Breanne Erickson Completed 11/05/2018 12:21 PM Cary Knight Completed 11/05/2018 12:45 PM Patricia Eables Completed 11/05/2018 2:07 PM Budget and Finance Completed 11/05/2018 2:17 PM Maria Slavik Completed 11/05/2018 2:29 PM Kathy Peters Completed 11/05/2018 3:02 PM Board of County Commissioners Pending 11/20/2018 9:00 AM Packet Pg. 1289 H.13.d MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Seatech of the Fl. Keys Contract # Effective Date: 11-20-18 Expiration Date: None Contract Purpose/Description: Replace Drywall and interior finishes in the Freeman Justice Center following mold Remediation due to damages caused during Hurricane Irma. Contract Manager: Breanne Erickson 4427 Project Management (Name) (Ext.) (Department/Stop #) for BOCC meeting on Agenda Deadline: ___November 05, 2018______ _November 20, 2018 CONTRACT COSTS Total Dollar Value of Contract: $ $76,745.00 Current Year Portion: $ 76,745.00 Budgeted? Yes No Account Codes: 125-530460-IRMONE1-0459110-530460 Grant: $ - - - - County Match: $ - - - - - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $0.00/yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Department Head Yes No ____________________________ Risk Management Yes No ____________________________ O.M.B./Purchasing Yes No ____________________________ County Attorney Yes No ____________________________ Comments: Attachment: Contract Summary (Contract Approval for Freeman Justice Center Finish and Drywall Repairs due to Hurricane Irma) OMB Form Revised 2/27/01 MCP #2 Packet Pg. 1291 Attachment: Bid Tab (Contract Approval for Freeman Justice Center Finish and Drywall Repairs due to H.13.b Packet Pg. 1290 against the ified. BID AMOUNT $76,745.00 AT 3:00 PM 5% , 2018 BID BOND BUDGET AND FINANCE TABULATION SHEET OCTOBER 30 PURCHASING DEPARTMENT MONROE COUNTY, FLORIDA OPEN DATE: FREEMAN JUSTICE CENTER FINISH & WALL REPAIRS Ryan LaChapelle (Sea Tech) : RESPONDENT Sea Tech Inc. Cary Knight, Keith Bring TITLE: : Lisa Abreu, OMB Bid Committee PresentMembers of the Public PresentI hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checkedState of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specBid Opened By: FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Twentieth Day of November Two Thousand and Eighteen BETWEEN the Owner:Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor:SeaTech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key,FL33043 For the following Project: Freeman Justice Center Finish and Wall Repairs Scope of the Work Contractor will be required to provide all labor and materials necessary to reinstall drywall and insulation in all walls and ceilings where it hasbeen removed. Please see attached Exhibit C - Scope of Work and Additional Detailsthat contains pictures and descriptions of the areas of work. It will be the Contractor’s responsibility to protect all adjacent surfaces and finishes during the course of the work. Contractor shall provide all labor and materials necessary to provide a complete project as described. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Documents, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,either written or oral. An AGREEMENT Page 1 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety(90)calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management’s signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRSTSECOND31ST DAY & CONTRACT AMOUNT 15 DAYS15 DAYSTHEREAFTER Under $50,000.00$50.00/Day$100.00/Day$250.00/Day $50,000.00-99,999.00100.00/Day200.00/Day750.00/Day $100,000.00-499,999.00200.00/Day500.00/Day2,000.00/Day $500,000.00 and Up500.00/Day1,000.00/Day3,500.00/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. 3.2UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party’s control, without such Party’s fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane, or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any AGREEMENT Page 2 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS governmental authority prohibiting work in the geographic area of the Project; (each, an “Uncontrollable Circumstance”). Contractor’s financial inability to perform, changes in cost, or availability of materials, components, or services, market conditions, or supplier actions, or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner’s Representative may determine. ARTICLE 4 Contract Sum 4.1The owner shall pay the Contractor in current funds for the Contractor’s performance of the Contract the Contract Sum of Seventy-six Thousand Seven Hundred Fortyfive and 00/100 Dollars ($76,745.00), subject to additions and deductions as provided in the Contract Documents. 4.2The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate # 1:No Alternates Specified 4.3Unit prices, if any, are as follows: none ARTICLE 5 Progress Payments 5.1Based 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 and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. AGREEMENT Page 3 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS 5.4Each 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 mayrequire. 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. 5.5Applications 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. 5.6Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of tenpercent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2Add 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; 5.6.3Subtract the aggregate of previous payments made by the Owner; and 5.6.4Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate forPayment as provided in Paragraph 9.5 of the General Conditions. 5.7Retainage of ten percent (10%)will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section255.078, “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 AGREEMENT Page 4 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS 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 twenty (20)days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor’s Affidavit of Debts and Claims (5) Contractor’s Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive)of all the following,but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bondand guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3Temporary facilities and services: As described in Section 01500, Temporary Facilities, ofthe General Conditions. AGREEMENT Page 5 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS 7.4Monroe County’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5A 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 proposal 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 thirty-six (36)months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County’s competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a “public entitycrime” and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify theCounty if it or any subcontractor or Contractor is formally charged with an act defined as a “public entity crime” or has been placed on the convicted vendor list. 7.6The following itemsare included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five(5) years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five(5)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, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 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 AGREEMENT Page 6 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney’s Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and court costs as an award against the non-prevailing party, and shall include attorney’s fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f)Authority. Each party represents and warrants to the other that the execution, delivery andperformance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; 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 beattempted 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. AGREEMENT Page 7 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance,or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC §794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§523 and 527 (42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§12101), as amended from time to time, relating tonondiscrimination in employment on the basisof disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with EqualEmploymentOpportunity(30Fed.Reg.12319, 12935, 3 C.F.R.Part,1964-1965 Comp.,p.339),asamendedbyExecutiveOrder11375, AmendingExecutive Order 11246RelatingtoEqualEmploymentOpportunity,andimplementingregulationsat 41C.F.R.Part60 (OfficeofFederalContract CompliancePrograms,Equal EmploymentOpportunity,DepartmentofLabor).See 2C.F.R.Part200,AppendixII,¶ C, agrees as follows: 1)The contractor will not discriminate against any employee or applicant for AGREEMENT Page 8 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4)The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the AGREEMENT Page 9 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7)In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8)The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that suchprovisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States toenter into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. l) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one’s agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m)No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fideemployee 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 solelyfor 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. AGREEMENT Page 10 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS n)Public Access. Public Records Compliance.Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other “public record” materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla.Stat.,Sec. 119.0701 and the termsand conditions of this contract, the Contractor is required to: (1)Keep and maintain public records that would be required by the County to perform the service. (2)Upon receipt from the County’s custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4)Upon completionof the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of records, in a format that is compatible with the information technology systems of the County. AGREEMENT Page 11 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County’s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County’s option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise disposeof any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY’S OFFICE 1111 12TH Street,SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 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 offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. AGREEMENT Page 12 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS 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) Hold Harmless and Indemnification.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY’s elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of itsemployees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be 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. AGREEMENT Page 13 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim oraction on the County’s behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconductof the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency’s sovereign immunity. w) 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. x) 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. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. AGREEMENT Page 14 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100of the Project Manual for this Project. 7.7Any written notices or correspondencegiven 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: For Contractor:Ryon A.LaChapelle 131 Palomino Horse Trail Big Pine Key,Florida33043 For Owner:Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 7.8FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 7.8.1Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 7.8.2Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with thestatute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in eachsolicitation (attached hereto as Exhibit “A”). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security AGREEMENT Page 15 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including thePublic Assistance Program), the CONTRACTORS must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 1)The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2)Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3)Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 7.8.3Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.4Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under AGREEMENT Page 16 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 7.8.5Clean Air Act (42 U.S.C. 7401-7671q.), Water Pollution Control Act (33 U.S.C. 1251- 1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7.8.6Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.7Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.8.8Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent withmaintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) Ata reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s AGREEMENT Page 17 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Other Federal Requirements(as applicable): 7.8.9Americans with Disabilities Act of 1990, as amended,(ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.10Disadvantaged Business Enterprise (DBE) Policy and Obligation.It is the policy of the COUNTY that DBE’s, as defined in 49 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 this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a.IftheCONTRACTOR,withthefundsauthorizedbythis Agreement,seekstosubcontract goodsorservices,then,inaccordancewith2C.F.R. §200.321,theCONTRACTOR shalltakethefollowing affirmativestepstoassurethat minoritybusinesses,women’sbusinessenterprises,andlaborsurplus areafirmsare usedwheneverpossible. b.Affirmative steps must include: 1.Placingqualifiedsmallandminoritybusinessesandwomen'sbusiness enterprisesonsolicitationlists; 2.Assuringthatsmallandminoritybusinesses,andwomen'sbusiness enterprisesaresolicitedwhenevertheyarepotentialsources; 3.Dividingtotalrequirements,wheneconomicallyfeasible,intosmallertasksor quantitiestopermitmaximumparticipationbysmallandminoritybusinesses, andwomen'sbusinessenterprises; 4.Establishingdeliveryschedules,wheretherequirementpermits,which encourageparticipationbysmallandminoritybusinesses,andwomen's businessenterprises; 5.Usingtheservicesandassistance,asappropriate,ofsuchorganizationsas theSmallBusinessAdministrationandtheMinorityBusinessDevelopment AgencyoftheDepartmentofCommerce. 6.Requiring the Prime contractor, if subcontractor areto be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. AGREEMENT Page 18 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS 7.8.11The CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12Fraud and False or Fraudulent or Related Acts.The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR’S actions pertaining to this contract. 7.8.13Access to Records. The following access to records requirements apply to this contract: (1)The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division)and attached hereto as Exhibit “B”. 7.10The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.11The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR’S performance of work under this Agreement, to the extend allow and required by law. ARTICLE 8 Termination or Suspension 8.1The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A.In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days’written notification to the CONTRACTOR. AGREEMENT Page 19 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS B.Eitherof the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days’written notice of its intention to do so. C.Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours’ notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D.Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days’ notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe CountyCode. 8.2Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in aboycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, AGREEMENT Page 20 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1The Contract Documents, except forModifications issued after execution of this Agreement, are enumerated as follows: a) Drawings:None b) Project Manual:None c) Documents:Photos 9.1.1The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2The General Conditions are the General Conditions ofthe Contract for Construction. 9.1.3The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None 9.1.4The Addenda, if any, are as follows: None NumberDatePage This Agreement is entered into as of the day and year first written above and is executed in at least two(2)original copies of which one(1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 21 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “A” DEPARTMENT OF LABOR WAGE DETERMINATION EXHIBIT “A” Page 23 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS General Decision Number: FL180063 07/06/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contractssubject to the Davis-Bacon Act for which the contract isawarded (and any solicitation was issued) on or after January1, 2015. If this contract is covered by the EO, the contractormustpay all workers in any classification listed on this wagedetermination at least $10.35 per hour (or the applicable wagerate listed on this wage determination, if it is higher) forall hours spent performing on the contract in calendar year2018. The EO minimum wage rate will be adjusted annually.Please note that this EO applies to the above-mentioned typesof contracts entered into by the federal government that aresubject to the Davis-Bacon Act itself, but it does not apply tocontracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additionalinformation on contractor requirements and worker protectionsunder the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 02/23/2018 3 03/16/2018 4 07/06/2018 ELEC0349-003 03/05/2018 Rates Fringes EXHIBIT “A” Page 24 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS ELECTRICIAN......................$ 33.11 12.31 ENGI0487-004 07/01/2013 OPERATOR: Crane All Cranes Over 15 Ton Capacity....................$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under.......................$ 22.00 8.80 IRON0272-004 10/01/2017 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING......................$ 24.89 10.10 PAIN0365-004 07/01/2017 PAINTER: Brush Only..........$ 20.21 10.08 * SFFL0821-001 07/01/2018 SPRINKLER FITTER (Fire Sprinklers)......................$ 28.38 18.89 SHEE0032-003 12/01/2013 SHEETMETAL WORKER (HVAC Duct Installation)....................$ 23.50 12.18 SUFL2009-059 05/22/2009 CARPENTER........................$ 15.08 5.07 EXHIBIT “A” Page 25 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS CEMENT MASON/CONCRETE FINISHER...$ 12.45 0.00 FENCE ERECTOR....................$ 9.94 0.00 LABORER: Common or General......$ 8.62 0.00 LABORER: Pipelayer..............$ 10.45 0.00 OPERATOR: Backhoe/Excavator.....$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 9.58 0.00 OPERATOR: Pump..................$ 11.00 0.00 PAINTER: Roller and Spray.......$ 11.21 0.00 PLUMBER..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply.......................$ 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away............$8.00 0.15 EXHIBIT “A” Page 26 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to theDavis-Bacon Act for which the contract is awarded (and anysolicitation was issued) on or after January 1, 2017. If thiscontract is covered by the EO, the contractor must provideemployees with 1 hour of paid sick leave for every 30 hoursthey work, up to 56 hours of paid sick leave each year.Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, includingpreventive care; to assist a family member (or person who islike family to the employee) who is ill,injured, or has otherhealth-related needs, including preventive care; or for reasonsresulting from, or to assist a family member (or person who islike family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under the EOis available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by thewage determination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate(weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governingthis classification and rate. EXHIBIT “A” Page 27 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted average rate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon-union rates. Example: SULA2012-007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG-OH-001008/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on EXHIBIT “A” Page 28 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS a wage determination matter * a conformance (additional classification and rate) ruling On surveyrelated matters, initial contact, including requests for summaries of surveys, should be with the Wage and HourRegional 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 initialcontact 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 theBranch 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 requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment 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 AdministrativeReview Board (formerly theWage Appeals Board). Write to: EXHIBIT “A” Page 29 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS 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 EXHIBIT “A” Page 30 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” MONROE COUNTY FDEM AGREEMENT EXHIBIT “B” Page 31 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 32 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 33 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 34 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 35 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 36 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 37 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 38 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 39 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 40 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 41 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 42 of 109 FREEMAN JUSTICE 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CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 97 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 98 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 99 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 100 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 101 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS Exhibit C Scope of Work and Additional Details Scope of work: Contractor is required to apply new drywall and insulation in all areas where it was removed for mold remediation. In all cases,finishes are to match adjacent existing surfaces. All drywall and insulation work shall include all taping, sanding, mud, screws, trim,and paint to make a complete code compliant surface that matches the existing. Anywhere there are existing lights, switches, plumbing fixtures and outlets, these will be remounted in the new wall surface, and all backing reinstalled where removed. The following is a detailed scope of work for each location in the building. All measurements shall be verified in the field. a.Second Floor Elevator Foyer i.Replace all drywall that has been cut and removed. ii.Tape, mud, sand and paint to match existing walls. iii.Replace molding (baseboard, chair rail, headers) to match existing trim molding. iv.Replace built-in wooden benches stained to match existing molding. EXHIBIT “B” Page 102 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 103 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 104 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS b.Third Floor Elevator Foyer i.Replace all drywall that has been cut and removed. ii.Tape, mud, sand and paint to match existing walls. iii.Replace molding (baseboard, chair rail, headers) to matchexisting trim molding. iv.Replace built-in wooden benches stained to match existing molding (2).Remediation contractor has saved parts of these benches. EXHIBIT “B” Page 105 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 106 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 107 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS EXHIBIT “B” Page 108 of 109 FREEMAN JUSTICE CENTER FINISH AND WALL REPAIRS c.Courtroom A hallway i.Replace all drywall that has been cut and removed. ii.Tape, mud, sand and paint to match existing walls. iii.Replace molding (baseboard, chair rail, headers) to match existing trim molding. EXHIBIT “B” Page 109 of 109 H.13.e Attachment: Certificate of insurance (Contract Approval for Freeman Justice Center Finish and Drywall Repairs due to Hurricane Irma) Packet Pg. 1292