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Item C02C.2 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting December 19, 2018 Agenda Item Number: C.2 Agenda Item Summary #4967 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754 N/A AGENDA ITEM WORDING: Approval to award bid and approve a contract with American Empire Builders, Inc. for construction of the Pigeon Key Ramp Rehabilitation Project in the amount of $1,960,000.00, which is 100% funded through a Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement in the amount of $1,850,000 for construction and a Monroe County Tourist Development Council (TDC) grant in the amount of $200,000. ITEM BACKGROUND: The project was advertised for construction bids on August 31, 2018. Two bids were received on October 25, 2018, with American Empire Builders, Inc. (AEB) being the low responsible/responsive bidder. The Florida Department of Transportation (FDOT) provided concurrence to award to AEB on November 1, 2018. The Pigeon Key Ramp (FDOT bridge # 904480) was built in 1938 and is a contributing resource to the National Register of Historic Places (NRHP) listed Pigeon Key Historic District. The ramp connects the Old Seven Mile Bridge to Pigeon Key, providing the primary access to and from the island. The ramp has deteriorated and requires substantial rehabilitation. The ramp replacement construction plans maintain the overall appearance and basic design of the original structure. In February of 2017, the Monroe County Planning Department provided Historic Preservation Resolution HP5-17, approving a special certificate of appropriateness to rehabilitate and substantially replace the Pigeon Key Ramp. In March of 2017, the Florida State Historic Preservation Officer provided a no adverse effect concurrence for the rehabilitation of the Pigeon Key Ramp. In March of 2014, the BOCC entered into an agreement with the FDOT for repairs to the Old Seven Mile Bridge 2.2 mile segment that connects Knights Key to Pigeon Key. These repairs are in progress. PREVIOUS RELEVANT BOCC ACTION: September 19, 2018 the BOCC approved a contract with WSP USA, Inc for Construction Packet Pg. 58 C.2 Engineering and Inspection Services (CEI) for the Pigeon Key Ramp Rehabilitation Project in the amount of $283,248.90. July 18, 2018 the BOCC approved negotiations with WSP USA, Inc., the highest ranked respondent for Construction Engineering and Inspection Services for the Pigeon Key Ramp Rehabilitation Project. January 17, 2018 the BOCC approved a LAP agreement with the FDOT in the amount of $2,075,000.00 to include construction and construction engineering and inspection services for the Pigeon Key Ramp Rehabilitation Project. July 20, 2016 the BOCC approved Amendment 1 for a lead survey to the contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the Pigeon Key Ramp Rehabilitation Project and the transfer of funds between tasks resulting in no increase to the contract. April 15, 2015 the BOCC approved a contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the Pigeon Key Ramp Rehabilitation Project in the amount of $205,959.71. April 15, 2015 the BOCC approved a Supplemental LAP agreement with FDOT in the amount of $86,447.71 to increase the grant funds allocated to the project due to enhanced design requirements by FHWA/FDOT. February 18, 2015 the BOCC approved negotiations for a contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the Pigeon Key Ramp Rehabilitation Project. October 17, 2014 the BOCC approved a Local Agency Program (LAP) agreement with the Florida Department of Transportation (FDOT) for grant funds in the amount of $100,000 for engineering design and permitting services for the ramp from Old Seven Mile Bridge to Pigeon Key Island. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve construction contract with American Empire Builders, Inc. DOCUMENTATION: AEB CL exec Pigeon Key Ramp contract with executed forms FDOT Concurrence Letter for Construction Award FINANCIAL IMPACT: Effective Date: December 19, 2018 Expiration Date: 270 days from Notice to Proceed to Substantial Completion and then final approval by FDOT. Total Dollar Value of Contract: $1,960,000.00 Total Cost to County: $1,960,000.00 Current Year Portion: $1,700,000.00 Budgeted: yes Source of Funds: 125-22551-530490-GM1801-560630 CPI: N/A Indirect Costs: N/A Packet Pg. 59 C.2 Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: nd Grant: TDC 2 Round 2017 award $200,000; FDOT LAP Agreement Construction $1,850,000 County Match: none for construction Insurance Required: yes Additional Details: FDOT LAP Agreement and TDC grant as detailed above. 09/19/18 125-22551 · PGN KEY FERRY RMP RPR DE $1,960,000.00 REVIEWED BY: Judith Clarke Completed 11/26/2018 12:03 PM Christine Limbert Completed 11/26/2018 4:07 PM Budget and Finance Completed 11/27/2018 8:55 AM Maria Slavik Completed 11/27/2018 9:19 AM Kathy Peters Completed 11/28/2018 10:00 AM Board of County Commissioners Pending 12/19/2018 9:00 AM Packet Pg. 60 C.2.a Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the ____day of ___________________in the year of Two Thousand andEighteen. BETWEEN the Owner: 1100 Simonton Street And the Contractor:American Empire Builders, Inc. th 13775 SW 145CT, Suite B Miami, FL 33186 For the following Project:Pigeon Key Ramp Rehabilitation Project Pigeon Key Island, Mile Marker 44.5 Monroe County, Florida Oversight for OwnerWSP USA, Inc. 7650 Corporate Center Drive, Suite 300 Miami,Florida 33126 _____________________________________________________________________________________ Engineer: Metric Engineering, Inc. 13940 SW 136 Street Miami, Florida 33186 The Owner and Contractor agree as set forth below. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 1 Packet Pg. 61 C.2.a ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone ed prior to execution of this Agreement, Attachments, 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. 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 is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Pigeon Key Ramp Rehabilitation Project ARTICLE 3 Date of Commencement and Substantial Completion 3.1The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below,or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2The Contractor shall achieve SubstantialCompletion of the entire Work not later than 270Daysafter the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. Balance of Page Intentionally Left Blank Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 2 Packet Pg. 62 C.2.a LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. st FIRSTSECOND31DAY & CONTRACT AMOUNT15 DAYS 15 DAYS THEREAFTER 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 $500,000.0 and Up 500.00/DAY1,000.00/DAY3,500.00/DAY shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 3 Packet Pg. 63 C.2.a ARTICLE 4 Contract Sum 4.1 Contract, for the Pigeon Key Ramp Rehabilitation Project the Contract Sum ofOne Million Nine Hundred Sixty Thousand Dollars,($1,960,000.00), 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: None 4.3Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as providedbelow and elsewhere in the Contract Documents. 5.2The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3County shall pay pursuant to the Local Government Prompt Payment Act 218.70Florida Statutes. 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 Owner may require. This schedule, unless objected to by the Owner, 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: 5.6.1Take 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 Ten percent (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 actual net cost as confirmed by the Owner. 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. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 4 Packet Pg. 64 C.2.a 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 of Tenpercent (10%): 5.6.3Subtract the aggregate of previous payments made by the Owner; and 5.6.4Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninetypercent (90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8Reduction or limitation of retainage, if any, shall be as follows: None 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 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 Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. 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. 7.2Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3Temporary facilities and services: None. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 5 Packet Pg. 65 C.2.a 7.4contingent upon an annual appropriation by the Board of County Commissioners. 7.5Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime 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 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 defined placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act 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 bids 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. 7.6The following items are part of this contract: a)Maintenance of Records:CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report asper 2 CFR §200.333, whichever is greater. The period of retention is 5 years from final payment for FHWA projects. Each party to this Agreement or its 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, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay themonies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. Right to Audit -Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it canbe made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentationcovering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 6 Packet Pg. 66 C.2.a substantiate charges related to this agreement, and all other agreements, sources of information matters, rights, duties or obligations under or covered by any contract document (all foregoing representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees atthe job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, (7) years after Final Completion. 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. This Agreement shall not be subject to arbitration. 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 replaceany stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d)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 court costs, as an award against the non- 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:CONSULTANT and COUNTY agree that each shall be, and is,empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 7 Packet Pg. 67 C.2.a h)Nondiscrimination/Equal Employment Opportunity:CONTRACTOR and its subcontractors and COUNTY 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. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating tonondiscrimination. These include but are not limited to: 1) Title VII 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 patient 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) TheAmericans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal EmploymentOpportunity(30Fed.Reg.12319, 12935, 3 C.F.R.Part,1964-1965Comp.,p. 339),asamendedbyExecutiveOrder11375, AmendingExecutive Order11246Relatingto EqualEmploymentOpportunity,andimplementingregulationsat41C.F.R.Part60(Officeof FederalContract CompliancePrograms,EqualEmploymentOpportunity,Departmentof Labor).See 2C.F.R.Part200,AppendixII,¶C, agrees as follows: 1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided 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 Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 8 Packet Pg. 68 C.2.a inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shallnot 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 bythe 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 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 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. 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. i)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. j)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 or contractual relationship; and disclosure or use of certaininformation. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 9 Packet Pg. 69 C.2.a k)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. l)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 subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction withthis 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 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1)Keep and maintain public records that would be required by the County to perform the service. (2) 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 theCounty 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 thecontract, 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 custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shallimmediately 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. shall enforce the Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 10 Packet Pg. 70 C.2.a 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 dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY TH Street, SUITE 408, KEY WEST, FL 33040. m)Non-Waiver of Immunity:Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor 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. n)Privileges and Immunities:All of the privileges and immunities from liability, 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. o)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. p)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 individualor 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. q)Attestations:Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 11 Packet Pg. 71 C.2.a r)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. s)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. t)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. u)Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v)Hold Harmless and Indemnification:Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall employees, and FDOTharmless 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 appointed officers and employees from liabilities damages, losses and costs, including but not limited to, 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 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 General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the torneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 12 Packet Pg. 72 C.2.a judge of the acceptability of any compromise or settlement of any claims or actions against the County. FDOT INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, negligence, recklessness or intentional wrongful misconduct of the CONSULANT 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 thisparagraph is intended to nor shall it constitute a waiver of the State of Florida and the w)Adjudication of Disputes or Disagreements: COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. x)Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five (5) calendar dayswritten notification to the Contractor. y)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. z)Insurance:Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials and the FDOT 7.7Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 13 Packet Pg. 73 C.2.a 7.9No third Party Beneficiaries: Nothing contained herein shall create any relationship,contractual or otherwise, with or any rights in favor of,any third party. 7.10UncontrollableCircumstance: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 unrestin the geographic area of the Project; (d) government order or lawin the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authorityprohibiting work in the geographic area of the Project;(each, a "Uncontrollable anges in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under thisSection. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in anUncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end theUncontrollable Circumstance, ensure that theeffects of anyUncontrollable 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 Owners Representative may determine. 7.11The Contractor will provide copies of subcontractor agreements prior to execution to ensure that the FDOT LAPcontract provisions are included in these subcontractor agreements. 7.12FLORIDA DEPARTMENT OF TRANSPORTATION REQUIREMENTS The following forms and provisions are incorporated herein and made a part of this contractLOCAL AGENCY PROGRAM (LAP) REQUIREMENT(including Attachment A:Appendices A and E) 7.13FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTSThefollowing forms and provisions are incorporated herein and made part of this contractasAttachment B:FHWA 1273. 7.14The CONTRACTOR and its subcontractors must follow the provisions 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: i. 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 Actas amended (33 U.S.C. §§1251-1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). ii.Davis-Bacon Act:as amended (40 U.S.C. §§3141-3148). When requiredby Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as ds Provisions Applicable 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 Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 14 Packet Pg. 74 C.2.a required to pay wages not less than once a week. Thecurrent prevailing wage determination issued by the Department of Labor is included and attached as Attachment C.Thedecision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the - rs and Subcontractors on Public Building or Public Work Financed in Whole or is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1)Contractor. The contractorshallcomplywith 18U.S.C.§ 874, 40 U.S.C.§ 3145,andtherequirementsof29C.F.R.pt. 3asmaybeapplicable,which are incorporatedbyreference into thiscontract. (2)Subcontracts.The contractororsubcontractorshallinsertin anysubcontracts theclauseabove andsuchotherclausesastheFEMAmaybyappropriate instructionsrequire,andalsoaclauserequiringthesubcontractorsto include these clausesin anylowertiersubcontracts.Theprimecontractorshallbe responsibleforthecompliancebyanysubcontractororlowertier subcontractorwithallofthese contractclauses. (3)Breach.Abreachofthecontractclausesabovemaybegroundsfor terminationofthecontract,andfordebarmentasacontractorand subcontractorasprovidedin 29 C.F.R.§ 5.12. iii. Contract Work Hours and Safety Standards Act:(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment ofmechanics 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 astandardwork week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. iv.Rights to Inventions:Made Under a Contract or Agreement. If the Federal award meets the definition contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experime to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 15 Packet Pg. 75 C.2.a v.Clean Air Act:(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act:(33 U.S.C. 1251-1387), as amendedContracts 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). vi.Debarment 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 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. vii.Byrd Anti-Lobbying Amendment:(31 U.S.C. 1352)Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. viii.Compliance with Procurement of recovered materials:As set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as 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 with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. ix.Americans with Disabilities Actof 1990 (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. x.Disadvantaged Business Enterprise(DBE) Policy and Obligation:It is the policy of the COUNTY 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 performance of this 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 the and subcontractors shall notdiscriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 16 Packet Pg. 76 C.2.a xi.The Contractor shall utilize the U.S.Department of HomE-Verify system to verifythe employment eligibility ofallnewemployeeshiredbytheContractor during the termof the Contract and shallexpresslyrequireanysubcontractorsperformingwork or providing services pursuant totheContract tolikewiseutilize the U.S. Department of HomE-Verify system to verify the employment eligibility of all new employeeshiredbythesubcontractorduringtheContractterm. ARTICLE 8 Termination or Suspension 8.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) calendar dayswritten notification to the CONTRACTOR. 8.2Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. 8.3Termination 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 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 paidunder this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the -721 et al. of the Monroe County Code. 8.4Termination for Convenience:The COUNTY may terminate this Agreement for convenience, at any time, upon thirty (30)day 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 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. The maximum amount due toCONTRACTOR 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 -721 et al. of the Monroe County Code. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 17 Packet Pg. 77 C.2.a 8.5For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification (Attachment D)under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and 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, the County shall have the option of (1) terminating the Agreement after it has given the certification wasin 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 for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2The General Conditions are the General Conditions of the Contract for Construction. 9.1.3The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August2018and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Metric Engineering Signed and Sealed August 13, 2018 SheetsB1-1thru B1-38 9.1.6The Addenda, if any, are as follows:Addendum 1 dated September 7, 2018, Addendum2 dated September 14, 2018, Addendum 3 dated September 21, 2018, Addendum 4 dated October 12, 2018 and Addendum 5 dated October 19, 2018. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 18 Packet Pg. 78 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for Packet Pg. 79 C.2.a ATTACHMENT A FDOT/FHWA APPENDICES A AND E Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 20 Packet Pg. 80 C.2.a APPENDICES A and E Revised 01/2015 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential contract and the Regulations relative to nondiscrimination on the basisof race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administrationas appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 21 Packet Pg. 81 C.2.a Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - -12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 22 Packet Pg. 82 C.2.a ATTACHMENT B FHWA 1273 FEDERAL AID CONSTRUCTION CONTRACTS Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 23 Packet Pg. 83 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 24 Packet Pg. 84 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 25 Packet Pg. 85 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 26 Packet Pg. 86 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 27 Packet Pg. 87 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 28 Packet Pg. 88 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 29 Packet Pg. 89 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 30 Packet Pg. 90 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 31 Packet Pg. 91 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 32 Packet Pg. 92 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 33 Packet Pg. 93 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 34 Packet Pg. 94 C.2.a ATTACHMENTC Davis Bacon Wage Rates Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 35 Packet Pg. 95 C.2.a General Decision Number: FL180190 03/16/2018 FL190 Superseded General Decision Number: FL20170190 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO isavailable at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 02/23/2018 2 03/16/2018 * ELEC0349-002 03/05/2018 Rates Fringes ELECTRICIAN......................$ 33.11 12.31 ---------------------------------------------------------------- SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work....$ 11.95 1.44 CEMENT MASON/CONCRETE FINISHER...$ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine).....$ 12.70 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman).......$ 13.08 0.00 Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 36 Packet Pg. 96 C.2.a INSTALLER -GUARDRAIL............$ 14.44 0.00 IRONWORKER, REINFORCING..........$ 13.85 0.00 LABORER (Traffic Control Specialist)......................$ 12.171.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 13.60 0.00 LABORER: Common or General......$ 11.96 2.90 LABORER: Flagger................$ 9.870.00 LABORER: Grade Checker.........$ 11.45 0.00 LABORER: Landscape & Irrigation.......................$ 11.16 0.00 LABORER: Pipelayer..............$ 12.68 0.00 OPERATOR: Backhoe/Excavator/Trackhoe......$ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 11.60 0.00 OPERATOR: Broom/Sweeper.........$ 10.89 0.00 OPERATOR: Bulldozer.............$ 13.900.00 OPERATOR: Crane.................$ 17.83 0.00 OPERATOR: Forklift..............$ 11.03 0.00 OPERATOR: Grader/Blade.........$ 16.08 0.00 OPERATOR: Loader...............$ 16.590.00 OPERATOR: Mechanic..............$ 13.55 0.00 OPERATOR: Milling Machine.......$ 13.23 0.00 OPERATOR: Oiler.................$ 12.61 0.00 OPERATOR: Paver (Asphalt, Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 37 Packet Pg. 97 C.2.a Aggregate, and Concrete).........$ 18.17 0.00 OPERATOR: Roller................$ 13.28 2.39 OPERATOR: Screed...............$ 15.79 0.00 OPERATOR: Trencher..............$ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation......$ 19.03 0.00 TRUCK DRIVER: Dump Truck........$ 12.66 0.00 TRUCK DRIVER: Lowboy Truck......$ 14.94 0.00 TRUCK DRIVER: Water Truck.......$ 13.05 0.00 ---------------------------------------------------------------- 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 the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 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 Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 38 Packet Pg. 98 C.2.a A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain ineffect 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 those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the unionlocals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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. Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 39 Packet Pg. 99 C.2.a 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 Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 40 Packet Pg. 100 C.2.a ATTACHMENT D EXECUTEDFORMS Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for 41 Packet Pg. 101 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 102 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 103 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 104 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 105 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 106 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 107 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 108 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 109 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 110 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 111 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for construction of Packet Pg. 112 C.2.a Attachment: AEB CL exec Pigeon Key Ramp contract with executed forms \[Revision 2\] (Approval to award bid and approve a contract for Packet Pg. 113 C.2.b Attachment: FDOT Concurrence Letter for Construction Award (Approval to award bid and approve a contract for construction of Pigeon Key Packet Pg. 114