Item S5 S.5
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: S.5
Agenda Item Summary #5800
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
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AGENDA ITEM WORDING: Approval of a contract with the highest ranked respondent,
Advanced Construction Technologies, LLC., to build a 1,012 square foot (three bedrooms/two
bathrooms) "Tiny Home" on a County owned parcel at First Avenue West, Cudjoe Key, for a lump
sum fee of$207,199.00,paid for by the 304 Funds.
ITEM BACKGROUND: The BOCC has previously approved the building of four (4) "tiny
houses" on County owned parcels located on Big Coppitt Key (the fire station parcel), Cudjoe Key
(parcel behind the Sheriffs substation), Ramrod Key (parcel known locally as the "stairway to
heaven"), and Key Largo. The houses will initially be used as "model" homes to showcase the
concept for constituents to see what might be built as a replacement home. The homes may then
later be used for employee housing.
Advanced Construction Technologies, LLC. submitted the highest ranking proposal for the
construction of a 1,012 square foot (three bedrooms/two bathrooms) "Tiny Home" on the County
owned parcel on First Avenue West in Cudjoe Key, for a lump sum fee of Two Hundred Seven
Thousand One Hundred Ninety-Nine and 00/100 ($207,199.00) Dollars, which includes site fill and
the relocation of one (1) utility pole. The additional site fill and relocation of the utility pole are at
the request of the County after further review of the site plan and the proposal from Advanced.
Funding is through the One Cent Infrastructure Sales Tax Funds (304).
PREVIOUS RELEVANT BOCC ACTION:
December 19, 2018 Board approved the selection committee recommendation to contract for
the construction of four (4) "Tiny Houses" and authorized Mayor to
execute contracts and other documents for the construction.
November 20, 2018 Board authorized the selection committee to pose clarifying questions to
the firms submitting responses that the committee.
May 16, 2018 Board approved issuance of a Request for Proposals ("RIP") for the
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construction of four (4) "tiny homes" on County owned parcels.
February 21, 2018 Board approved four (4) sites for "Tiny Home"/Code Compliant Small
Modular Units as an affordable alternative housing solution on scattered
sites throughout Monroe County.
November 29, 2017 Board directed staff to proceed with code compliant "tiny home"
prototype development.
November 14, 2017 (Item X4) Board granted approval to seek a legislative statutory change to
enable the Land Authority to use funds toward the construction of
affordable housing in Monroe County, which are currently limited to the
purchase of land for affordable housing.
September 27, 2017 (Item F1) Board discussed permanent housing for displaced residents and
workers, including possible temporary changes in codes and re-evaluation
of Land Authority priorities. The County Attorney addressed the Board
and after discussion, the Board directed staff to continue to include an
item on the agenda to target the issues concerning Hurricane Irma
Recovery.
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval of contract as stated.
DOCUMENTATION:
Tiny House Contract - Advanced Technologies (2nd final 7-2-19-legal stamped)
Advanced - Insurance submission flocs
FINANCIAL IMPACT:
Effective Date: 07/17/19
Expiration Date: Contractor to achieve substantial completion not later than 90 days after
date of commencement or issuance of Notice to Proceed followed by final completion.
Total Dollar Value of Contract: $207,199.00
Total Cost to County: $207,199.00
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: Fund 304—25500—CE1901
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details:
Yes
08/21/19 NEW COST CENTER ADDED $207,199.00
25500
REVIEWED BY:
Cary Knight Completed 07/09/2019 10:50 AM
Patricia Eables Completed 07/09/2019 11:45 AM
Ann Mytnik Completed 07/09/2019 12:36 PM
Assistant County Administrator Kevin Wilson Completed
07/09/2019 1:31 PM
Budget and Finance Completed 07/09/2019 2:58 PM
Maria Slavik Completed 07/09/2019 4:32 PM
Kathy Peters Completed 07/09/2019 5:57 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
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Agreement
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Between Owner and Contractor 0
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Where the basis of payment is a STIPULATED SUM
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AGREEMENT
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Made as of the day of , 2019
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BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Advanced Construction Technologies, LLC
3706 N. Roosevelt Blvd, Suite 708
Key West, Florida 33040
For the following Project: "TINY HOUSE" CONSTRUCTION AND
DEMONSTRATION
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Scope of the Work ,
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The Scope of Work shall include installation of a 1,012 square foot (SF) single family home with
three (3) bedrooms and two (2) bathrooms per the proposal submitted on September 25, 2018.
The home is to be constructed on the County owned parcel on 111 Avenue West, Cudjoe Key,
Florida. The Scope of Work includes all tasks required for the design/build of this structure
including all aspects of design (including any geotechnical or material testing required),, the
acquisition of all permits, all site preparation work required by those permits, and all major
appliances (including range/oven, dishwasher, refrigerator, and washer/dryer)with corresponding
warranties for an occupancy ready "tiny house". The County has chosen to expand the scope of
work to also include the relocation of one (1) power pole and site fill.
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ARTICLE 1
The Contract Documents
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The Contract Documents consist of this Agreement, Conditions of the Contract (General,,
Supplementary and other Conditions as contained in the Request for Proposals as posted on
Demandstar on August 4, 2018), Drawings, Specifications, Proposal Documents (including
written responses to clarifying questions and any and all Declaration of Restrictions applicable to
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the Cudjoe Gardens Subdivision ), Addenda issued prior to execution of this Agreement, together 0
with the response to the RFP and all required insurance documentation, and Modifications issued
after execution of this Agreement. The Contract represents the entire and integrated agreement 0
between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications,
appears in Article 9. In the event of a discrepancy between the documents, precedence shall be
determined by the order of the documents as just listed.
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ARTICLE 2
The Work of this Contract
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The Contractor shall execute the entire Work described in the Contract Documents, except to the
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extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: NIA
ARTICLE 3 E
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the :`
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
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. cm
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. a2
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.001Day $250.00/Day
$50,000.00-99,999.00 100.001Day 200.001Day 750.00/Day
$100,000.00-499,999.00 200.001Day 500.001Day 2,000.00/Day
$500,000.00 and Up 500.001Day 1,000.00/Day 3,500.001Day
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.
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3.2 UNCONTROLLABLE CIRCUMSTANCE
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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
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or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or
law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or
after the date of this Agreement; (f) action by any governmental authority prohibiting work in the 0
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 Ball 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.
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ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of E
the Contract the Contract Sum of Two Hundred Seven Thousand One Hundred Ninety-
nine Dollars and no cents ($207,199.00), which includes relocation of one (1) utility pole
and site fill, subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
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the Contract Documents and are hereby accepted by the Owner: NIA
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4.3 Unit prices, if any, are as follows: NIA
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ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
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5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
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in such form and supported by such data to substantiate its accuracy as the Director of 0
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications 0
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of 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 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 E
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.
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5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
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5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions,
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735 (8)(b),,
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
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ARTICLE 6
Final Payment
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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
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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 0
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:
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A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
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F. Electronic copies of approved submittals.
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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).
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ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions. c�
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7.4 Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Board of County Commissioners.
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7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
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on leases of real property to public entity, may not be awarded or perform work as 0
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 0
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.
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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.
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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 entity crime" 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 the County 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.
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7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
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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 12
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.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or the Monroe County Office of the Clerk of Court and E
Comptroller(hereinafter referred as "County Clerk") to substantiate charges related to
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this agreement, and all other agreements, sources of information and matters that may
in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain
to any matters, rights, duties, or obligations under or covered by any contract 0
document (all foregoing hereinafter referred to as "Records") shall be open to 0
inspection and subject to audit and/or reproduction by Owner's representative and/or
agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, subcontractors, suppliers, and contractors' representatives. All records 0
shall be kept for seven (7) years after Final Completion. The County Clerk possesses
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the independent authority to conduct an audit of records, assets, and activities relating o
to this Project. If any auditor employed by Monroe County or the County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spend for
purposes not authorized by this Agreement, the Contractor shall repay the monies
together with interest calculated pursuant to Section 55.03 Fla. Stat., running from the
date the monies were paid to Contractor.
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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 cm
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 CE
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. ,
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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, 12
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.
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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.
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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 0
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
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h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
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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.
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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 12
court order. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which 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 0
amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; U)
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 VII I of the Civil Rights Act of 1968 (42 USC §§ 3601 et
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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 to nondiscrimination in employment on the basis 0
of disability; 10) Monroe County Code Chapter 14, Article 11, 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.
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During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, n 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 U)
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
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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. U)
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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, 12
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 t�
compensation information of other employees or applicants as a part of such U)
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.
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4) The Contractor will send to each labor union or representative of workers with 0
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer„ 0
advising the labor union or workers' representative of the contractor's 0
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.
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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. 0
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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 U)
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
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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.
U)
8) The Contractor will include type 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 244 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of the c�
United States.
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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.
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1) Code of Ethics. County agrees that officers and employees of the County recognize 0
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 0
limited to, solicitation or acceptance of gifts; doing business with one's agency, o
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Public Access.
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 cm
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 2
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 12
Law in order to comply with this provision.
Pursuant to Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
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(2) Upon receipt from the County's custodian of records, provide the County with U)
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.
(2) 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
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completion of the contract if the contractor does not transfer the records to 0
the County.
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(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. if the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
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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
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Contractor who falls to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
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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# 306-292-3470 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 0
acquisition of any commercial liability insurance coverage, self-insurance coverage, or U)
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. E
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
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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 0
duties of such officers, agents, volunteers, or employees outside the territorial limits of o
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. o
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
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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.
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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 2
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.
12
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 0
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, E
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, (8) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
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of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action, 0
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.
In the event that the completion of the project(to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
FDEM Indemnification
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To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
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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.
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x) Agreements with Subcontractors. In the event that the Contractor subcontracts any or U)
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 E
of any nature with his subcontractors shall include the COUNTY as additional insured.
y) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
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Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project. 0
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7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
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For Contractor: Advanced Construction Technologies, LLC
Pete Masalin, Executive Vice President, Administration
3706 N. Roosevelt Blvd., Suite 708
Key West, Florida 33040
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For Owner: Director of Project Management County Attorney
1100 Simonton St., Room 2-216 1111 12th Street, Suite 408
Key West. Florida 33040 Key West, Florida 33040 `-
7.8 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
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7.8.1 Clean 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),
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7.81 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program,
all prime construction contracts in excess of$2,000 awarded by non-Federal entities must
comply with the Davis-Bacon Act(40 U.S.C. 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 the statute, CONTRACTORS must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, CONTRACTORS must be
required to pay wages not less than once a week. If applicable, the COUNTY must place
a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation
(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 Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
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Grant Program (it does not apply to other FEMA grant and cooperative agreement 0
programs, including the Public Assistance Program), the CONTRACTORS must also
comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by 0
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. ,
7.8.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, cm
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.
7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets 2
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or 0
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency. E
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7.8.5 Clean Air Act(42 U.S.C. 7401-7671g.).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 0
(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).
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7.8.6 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 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.
7.8.7 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 U)
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 noncm
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Federal funds that takes place in connection with obtaining any Federal award. Such
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disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.8 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. (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) At a reasonable price. (2) Information about
this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines web site,
-p _ eg-program.
https:/lwww.epa.govlsmmlcomprehensive- roctiire�ment-guideline-cp
Other Federal Requirements (as applicable):
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7.8.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal E
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
7.8.10 Disadvantaged 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 U)
a. If the CONTRACTOR,with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority cm
businesses, women's business enterprises, and labor surplus area firms are used
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whenever possible.
b. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business cm
enterprises on solicitation lists; U)
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which �
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
6. Requiring the Prime contractor, if subcontractor are to be let, to take the 0
affirmative steps listed in paragraph (1) through (5) of this section.
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7.8.11 The 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
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employment eligibility of all new employees hired by the subcontractor during the Contract
term.
7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that E
31 U,S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the CONTRACTORS actions pertaining to this contract.
7.8.13 Access 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 0
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,
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7.9 The Contractor is bound by all applicable local, County, State, and Federal laws and
regulations.
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7.10 The CONTRACTOR shall hold the Division and County harmless against all claims of
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extent allowed and required by law.
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ARTICLE 8
Termination or Suspension
8.1 The 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,
1 Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days' written notice of its intention to do so.
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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
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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 0
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.
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0
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the S
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 U)
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.
cm
E. Scrutinized 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 a boycott of Israel,the County shall have the option
of (1) terminating the Agreement after it has given the Contractor/Consultant written U)
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. 0
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
t�
a) Drawings: None U)
0
b) Project Manual: None
c) Detailed Site Specific Information: See Appendix I of the RFP for the specific site
AGREEMENT Page 2
Packet Pg. 3347
S.5.a
"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
4)
a
0
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor,
0
0
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: None
9.1.4 The Addenda, if any, are as follows:
Number Date Pages
1 August 21, 2018 10
2 September 12, 2018 1
0
This Agreement is entered into as of the day and year first written above and is executed in at
least three (3) original copies of which one (1) is to be delivered to the Contractor.
U)
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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AGREEMENT Page 2
Packet Pg. 3348
S.5.a
"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
0
a
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
0
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date
(SEAL) 0
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0
CONTRACTOR'S Witnesses Attest: CONTRACTOR: ADVANCED
Contractor must provide two witnesses CONSTRUCTION TECHNOLOGIES, LLC E
signatures
Signature:
Signature: Print Name:
Print Name: Title: U)
M
Title: Date:
Date: cm
CE
and
4-
Signature: MONROE COUNTY ATTORNEY'S OFFICE
PROVED AS TO'"0' 'M
Print Name: PAT
RICIA EABLES
ASSISTANT CO NTY ATTORNEY
Title: DATE.
Date:
STATE OF FLORIDA, COUNTY OF
On this day of , 20_, before me, the undersigned notary public,
personally appeared known to me to be the person whose name is
subscribed above or who produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for "TINY
HOUSE" CONSTRUCTION AND DEMONSTRATION for the purposes therein contained.
0
Notary Public:
Print Name:
My commission expires: (Seal)
AGREEMENT Page 2
Packet Pg. 3349
S.5.a
"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
4)
a
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0
4)
0
0
EXHIBIT "A"
0
Davis-Bacon Wage Determination
0
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AGREEMENT Page 2
Packet Pg. 3350
beta.SAM.gov Page I
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"'General [Jecision Nuimiber: F120 91011 I45 01/04/21019
a
Superseded General 11)ecisiori lliamber�: F1,201,610110188
S ate: E'lor.ida
0
CionstrucLicin Type; Resildential. 4-
0
i !Courity Motoiyn Florida.,
C0114S"FRUCTION PR10,111H',CTS (consistirig of si!rig;]!e farni]y
hcmnics ai.iid apartaments up, to and inclucli!riq 4 storiles) . E
2
U)
Note: Under E)��ocutive Order (11?21) 131658, an hourly, mLniii!ai�m wage
7
C�
of $1101,60 for calwWar year 2019 tio ia�1111 coctract5
sullect to the Davis-Bacon Act for tihiirti Lhe contract Is ai;a rdeid
qand any s6�licitztion was issued) on or ilfber January I , 2 0 151
If L]hjs ooii'ftract, is covered by Lhe E0, the cc)i1fractior mus'L pay U)
.2
all workers in any class i Fica t io!ni Ill.isted on %�,�agpe 0)
0
deteriin�llnaL,ion at !cast 110. 6101 IlDer hour thin oljll®dicable 0
wage rate HOW an thds wage deteciiiiinationo if it is hi�11gher)
for an 1 ] Ih.ouu a 1pexform�lgiig an tile caritrairt ��n cal�ondl,ar
as
year 2,01319, If this contract il s cc,aered by the 11I�;10 anid a
classification considered necessary, for 1>erfirryriiance of ogre:k mri
the contract does not appear on this wage deteririnaq!:iciii, the
contractor amst pky workers in that classification at least
0
Lhie wage ra'Le determined Lhrough Lhe ccnfor�miarmie pi:ocess sel:
Eorth in 29 CFR 5.5 (a) iii) �nr the DO rrLnimula wiage rate, U)
0
if it is IdOer tlian tle comMmed wage rate) . "The ED minimum
uaagis rate w R V. be adjusted anrrivally, [?lease nctle that
t1his EO a�l�)pliegum to thia ty 11.,)es of clontrac'US
entered into 1lry the federal government that axe subject,
https://beta.sam.gov/wage-determination/FL20190045/`0/document Packet Pg. 3351
beta.SAM.gov Page 2 o
to thie Bacc��Iri Act bu tl. i t does niolt apply .0
to contraicts sull),Jleapt ion,111y, tlo the Dwvis Baccin Rie,11 to d Acts, 0
r_
Lac I udilinig tlmise slet ficirt It at 21!9 (I'll'k 13. 1 (a) G2) -,,(61()) ., Addj.U.ana 1. 0
4)
ciao lcantract,or reiine�riits and w,loirlcer ljpirote,c�tduris E
0
3
Ulr!llder the 'IEO i,s aivz: Llable al,l
0
0
HuTvilbier Pubilic,ablon Diate
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0 1011/04/2 in,1 19 0
0
SUF12009 M 016,11018/2101019
s 11 I l g e S
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CEI'VIEll,ill" FIASCY�4/C0iNlCR:,T!l:; FT14 11 SHER 1,2. B 1, 0 C
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ELECTIR[C u[A,1A . . . . . . 11 - 1 - -$ 10, Bol
HVAC 1114ECIIIIA1,11111C i S)Irstemi U)
installation On1)0 — $ 3,96 C
0
LABORER. rommon ,,)r Generall $ "I as
�25
LABOIIRM, lMaslarii Tenliler
- - - - i$ MO 10 01
n
LABORIIE"'R: Fipelayer. . . 9.�l 0 0
0
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0 P E 1111V I'10 R: B a c Ic I ii o le 3 9 2
0
oplm),rcip,: Loade r. $ I 2�. 1010,
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PIAAABE'R . . . . . . 3 23 0.O(I'l
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1�nc nuiui..rng lnr:i-lt ul�ll)
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and Shake and Shn Irura3 an ,. . . . . „ , . . . „ , $ :II2.70 0.00
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"suml pXIIIIVEIF,,, l"'u.uuanp and Lo'WCsa�y„ . , .5 II 111..40 0.00 �
WELDERS mm• Receive rate p:ure,^:cr u.p,ned p''ruru craft. p.nti.rf"lrnrnnuinm;;,p �
operation l.r nrpn llr llng is ii..w'rcu.drirntw.l-
0
4-
Note: Ili urac'u.nt II nne Order (ED) l lTH, J.us9',.� II_n p n ua'hi Inig Paid Leave �
d
Eor Federal Coiinp',ractcirs ap 1pntl na.na to all u.Montr aI p::r wunpr„pn'rct. for V the
Davis—Balow, Act for uii the contract is an,"r wan'dr.i4 (vr'II"nd airny 4)
men .rcr txrV::u.tirrn u~urnr n tl ern or rrun J r�ll,rrn"
contract is covered by the EC,, Uile cont,ri-octor niiusL provide
employees With I hour of paid l 11eave l„rr every 30 hours
as
the r,n"rnrl& up to, '!ins hour's n,E paid rl..a,..pn' leave crark'lln )1,ear.
Employees must be permitted to to use paid r�lii.c]I�, leave d'Ior V Ilu lei r
rnun illness, injury rr u ^ rr: l n-r r unrrtir, nnrpurli.'n'n 4—
preventive care to assist sa family mrgii:MrlC71II:er iWu° person who ill.urn �
N
p n p on� family to cllur employee) nl&i�n:n is i l , Liiiij'un i- d, nrn.. has artq"no•µr a)
2
hileal.p..11n" roll..at,le l rarro nn nurlrlll..n:u !ri urrve nc� "~ l� n.rn' ,rwrr ;
'�� ioir for rerrrrti,n,nn
0
resulting from, or l.n':,W assist it family member (or joerrrnnn Gn",p"'.III r8!
a�
1 Ike fallflily to , �� .p u l ro y ara)I u�tin'h r� li�r r v n.ic .:'Ill. �o�f, rn�nu�Ir�r V.1.�C �n l:,llrr r�'nnu.
violence, sexual assault. or stalking. lulo,l.V u.p.rvrn p II II"V;fo 0. :!il.am �
an olon trrnrcp.or requirements &inid u.nlru pry r' prcoLecp.n.nrrns 'ur'noorinrr 'p''Ilrrr E10
is available at
a�
Unlisted cl Iuf u r srt:Lons newderl for wo llr not n llmor:'Il nnr rep 'un p t lii.nn
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the scope of the cll as n.tl n.n.zn ti.Irlrnr 1J.,!fted nn air he &rlded after C)
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av,lard onrl,~p, as , rnnrr°n. eld n in the l allror standoirds cont �Eiiirt c:lau,!l nrr
( pl C u"tlr 5.5 (ia) G 1,tl
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0
1.1he body, of each wage L:Lsts the c]assJ.L!,catJ.on 0
arid ii rates that hrr:me b eiii, Elolmind i be pre va 1.1.Linic for the E
0
c1ted tylpie(s) c!)f in°[ the i coviered Ilay the kifiiage
deterrrimati,1011, i aIrie listed in alphia,biet�:Lcal!
cirder of t,hiat Lii'IcLlu ca tie Mlet]h.er the piaftj,cular
0
4-
�rate :Ls a uirii]iioini ratie tlmu'"reinit un'iijoia ri yam 1qoIA.,at:ed rate for lz�acal: ji
a survey rate (wej.ighted average rate) or a union avierage rate
0
(weigllteid mra verage inate)
4-
0
'7z
Urdon Rate IdientifJer,!:11i >
0
A four letter clias,is—Ificitiomi abbreviaLiio�ii �denti Liet! e�ricllciseqj
ii'!i doLL,ed I imms k)iogini'd!i"g wil 0"i, characters otilher than """'SU""' Dr
uren�Ud'ayaV1iawundenio t e s thia t t I iie u:nIIIIJ.o1ia c la ss I f i ca t i�oin a iid rat le vre r e
pirevallLirig fl--)r 'Lhat classifiicatI:orii :In the survey. Examii!�d,e:
11�11'11UKOI� 19 B"I'll",10110 5 0/01/2014 , I'LUM lis aii'i
cxs
Lhe umo�ii whi6l'n Iinrevailedl jrii the SUrvey for this
CM
classUicaticin, vibich in bhi,s examilp,le uwa"awu:ul Ilne P1wv]!)ers.. 01 11198
CE
indicates the Iii union numbe r dJ-stm:Lct cctri'�icil n''iuimber S
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ioaihere appLb:aILAe, a ,e, Plurp][Ders Loica� 0198 , The i'lext rii,mn'!ber,
0105 in LA)c Ls a,ii)i in'ternal numk)er u,!::Ied in prociessing V)
U'�ie wiagie deterimmiation. 1017,,10]/210114 is L]iie effect ive date of Ihi e 0
6
most current ne god aLed rat'e'L iahicIh Im th:Is �is July 3
2014,
Unlun Ilauievailing wiacie rates are updaLed to reflect aLl. rate
ch,wriges :Lri Lhe cvl lectjve pear gaLii:Liiig algreerimprit qciverm:Ing
classjficatio;i'a, and rate,
0
Survey Ihpatim Identi �"iers
V)
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0
Class'if,iicat,;o Y'!is listed under the ""'SU"""' Ldentifier iIi-I&Ixatir that
no i rate prevailled for L-his cI,assjfi1catLo1I!i in the surveir and
the piubliS]II10d rate is cIh��Yjved lily i uL ��rig a we:'I.ghoraid aver,nigo.
'I
rate bw::Ie1d on all Che rates reported in Lhe surve�yy flor Lhm-,,
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c 11,a s s:1.f Jl c at i on., As tihJlis vteigl'iited averagle rate LT'icl.ucfes all], .0
raL.es relp,cr,Lled in the st,uvey, T,L: may incl.iude bot1h uniicIT,Ti arld
inicin-unii n:Tn. rat,ies x,&TqpAl e 5/11 3/201 II.4 , SU iridi c a tes 0
the rates are survey i'ates lbaseld on a u,,lv�J.ghtecf average E
0
caLcul.atic)n. of' raLes aTnTd are no,l: mia �Ioy-L,Lly rates. I.A. indicates
the State cif Loui5jzna, 201112, tAnie, ifear of survey cin wh:T,ch
these iclassifica:tjonis and rates arie L ased,, The i numbirar, 0'01 7
0
4-
iTA thie E-`xaml,pbe, is an l ritenna ill. munber. Llsecl in producinig the
wage 51 13/201.4 lnidiicates L,hie F,njj"r)riey
date f'or Lhe anird rates: urider, that
0
Survey wage nates are iniot ulpidateid ancl,11 xemai!r, In eff:e�:!t: u�jijtJlj a >
0
inilew survoy is coniductle d.
J ilcn lweraige Rate IIIde!ntJfJ.ers 4)
a
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Class T fiication(s�i listed under Lhe UAVG, ide.initJfier !lndiicate
t�I!iat Tin, sjiivq l.e ma �orit),, rate prevai Led for thosen
classificatJo�inis; Indovmeve-, HT10%, of the data reported for the
CN
;mas uydioIini data. EXAMPLE: UAIM; OH 010,110,
08/29/2101A . IGaU1,J1G l:iiTd!:catIcs iJ 'ntl Ube nate ns a weilghteci urijon
4-
avierige raite, 0111 j!nr:ILITcates the stiatie, The next: nurnber, 0 0 1 10, i ini
tJie eximn U)
ple, Lia ari LnLerriall. number used In pri,-duirLng Lhe- iq�lge
1018/29/2014 lindicii: tes the survel,, cloinpiLetioni dall.e
for Lhe classifTcations wind raii:es u�i'nder Ulxat idervIAL:ier.,
A UAV13 ratle be- upidatcd oncle a year, uz�ua�� l Lini ii,i a n u a r),,, a f
each y1eary to refl,iect a wie�:I,ghtied averialge of the curreniA, m
negoti opal d/12BA rall,:ie of tilive uni,io.ini locals frun whi,ich the r at is i.9
based.
0
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APIPEALS PROCESS as
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1 . ) Has thane been an Altial deNaiian in the matter? [']l!Iis Came. 0
.2�
be:
0
an existAx.-iig F!)u,biJshed wage E
0
a survey under3jid.mig a wage deterrainatiicir[
a Wage and Hour Division letter seirting forth a positid!)n i
a wage n!JetierfnJLFIatjOn inatter
'a 00111[forf narlx_'e aiii,dl ratli ru.] Irhg
0
,On slarvey related matters, initial contact, imaMiIng requests 0
M
4—
for summaries of surveys, shouLd be AM the Wage and Hour 0
RugUnal Office for the area in AI!iiirh, the, survey was con,rhjr!!ted >
11jecause U!iose 11�kiegional Offices have reqqmsMAIjVy for the
Davis-Bacon survey program. 1[ L�Ihe response friorn this jrMI; tjr'a1r
contact is not satisfactory. then the pr�:-cess die sic r i]red in 2 . )
and 3, ) s]hould bie f"110'112d E
2
V)
With regard to any other matter not yet ripe for the foncial
proiciess des dorms,]h:�)iecl here, con'tact shnu],d 1Cni1e widh U'nie
Branch of ConstroUlon Wage Determinaticiiiis, WriUa Lci;
113 r a E ich :>f Cit,�mstxuct',io�ni ilaige
Kings and III mr [)uvisicin V)
of Labor 0
0
210110, iG ninstitutio!ni Aventile, 11,,d«Wa
�ii,ashingtci�ri, II)C 210210 4)
�2! ) If the answer t,o the question in I , ) is yes, then an
interested party (those MeMed ty Un Mionj can raquem
re,view, and reconsideraticm from the Wage ar�dl Hour Adin!dnistrator
(See 29 i [Iarq:: 1 .8 anid 29 CFR IPart 71 . Write to!:
0
to
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Wage and Hiour )1nd.ion nistrabDr :3
0
&S, Departmea: of Labor
21010 Constitution, Aveanue, II,t.id
Nashingtwq CT 20230
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The recpxe t°nour 11 T . [i 3 u L - e
0
interested partyll's posit!!icin. ainid lby ian y, infonimat!!Loni
paymnent cliata, ljplropect descripltJiu!!nn, area priacLL,cle mid: teriiall, 0
as
etc. ) Ll'iiat the rielquestor corusi der's relelrwinit Lol thle issue. E
0
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3, ) if tlh[,Ey decision of the Administrabor i.s not Eavoral!d.le, ain
m
Linterestied party, may aij,.,)eaL directly to thile L-
0
4-
Re-,v:i,va Board Gflormer.[y thie Vli)lge ApIpeals Board) . Write to:
0
i'Ndnti in i-
sr.ralu,;,ve Revievil 113oard
4-
tt S, IDepraa,ciinent loof Lall)''Or 0
,7z
210101 Constitution Avenue, tl W. >
0
Was�IhLii'iigtcln, IDiC 20,21101
A,]] decisio�iinis 1!rly tlm Administ'raLlive Revievw Board are ELiiriial.
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S.5.b
"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules. 0
0
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision c
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance. 0
The Contractor will be held responsible for all deductibles and self-insured retentions that may c
be contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance or U)
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 33 of 261
Packet Pg. 3358
. S.5.b
"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed U)
by law.
t�
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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0
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 34 of 261
Packet Pg. 3359
S.5.b
"TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
U)
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
BETWEEN
MONROE COUNTY, FLORIDA
AND
PVCt►1L4:d Ioitg6v(Alol 7CCAF140 ,',e" L Lf 0
C)
0
Prior to the commencement of work governed by this contract, the Contractor shall obtain 0
Workers' Compensation Insurance with limits sufficient to respond to the applicable state e
statutes and the requirements of Florida Statutes, Chapter 440.
S
In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1.000,000 Bodily Injury by Disease, each employee
0
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
0
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a U)
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. e
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund 2
upon request from the County.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION
BETWEEN
MONROE COUNTY, FLORIDA
AND
to
"yciy
Lerl CtnS rw6i-fon hnoio3;e3 /LLC
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Products and Completed Operations 0
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit U)
0
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. 2
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
"TINY HOUSE CONSTRUCTION AND DEMONSTRATION
BETWEEN
MONROE COUNTY, FLORIDA
AND
4)
0
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. E
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
0
Owned, Non-Owned, and Faired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
0
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage U)
0
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. U,
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PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations 0
Blanket Contractual Liability e
Personal injury Liability
S
Vehicle Liability(Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit
0
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
0
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida.
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 (W) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, U)
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B) the negligence or recklessness,
intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of
its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). The monetary limitation of liability under this
contract shall be 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. a,
INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 261
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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, 0
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($90.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the E
Agency, the State of Florida, Department of Emergency Management, and its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
4-
0
0
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hol harmless and duty
to defend as set out in this proposal.
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PROPOSER Signature
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INSURANCE AGENT'S STATEMENT
t�
1 have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
(.,e,qCrvt( (,%Qbjj�Ajiogr- 00�-000
°wr )420,uo 5;�l wi nr,� �j 50o.,,A0 P
7-00, 000 �► ��Q�
(-0rA-CtC0r co'd Pro?er.fl-' ,rvi� WZ� 001 5pe-e-i i"=14 w44 re- &&V"r—,*lei 3
Liability policies are Occurrence Claims Made
0
Insurance Agency Si (ature
0
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0
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Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
• , Lt
iu ez�lQ5 L
(1) The prospective contractor of the Recipient,W,, � �-.n56 ,certifies, by submission
of this document,that neither it nor its principals is presently debarred,suspended,proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement,the prospective U
contractor shall attach an explanation to this form.
0
0
CONTRACTOR:
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0
Sig ure l r Recipient's Name
5 V iP
Name and Titl Division Contract Number
0
Street Address FEMA Project Number
3301
City, tate,Zip
q&qllgr U)
Date 0
0
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End of Section 00120
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