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12/05/2019 Agreement i ADMINISTRATORCOUNTY jCONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $S ,O ,0 t x h; ruts Ott Effective Date- Expiration Date: Contra Purpose/Description: 05. <„ .,i,✓,,ov,,,�,,,,,o,,,,, G�°�rWr—a�Tus Original inal r ment Contract Amendmentffixtcnsion Renewal Contract Manager: (Name) (EXQ (Department/Stop ft) Total Ddllar Value ofContract: S 1 ` , ,00, cu,�ruvd Year Portion. (must n t6 .��k, ��; Qlftl" n�u r;1Wx M0.Then 1 mqurn J10CC an$ttamM,unicis the p WWI u:ouMIJ110C ttaUaR PM IS ICKI any M mm b��„R7k�RMD r B u t d? "des[] , .ccarumtt 8 p s: 1 5- 4.5 t 10--IRIPG776p- rantro S FEMA County t t t tug S 'Yes t'E Aimn"IONAL COSTS Estim.. t d Ongoing Costs: $, /y,r For. .Notuir�a�uaa9 �t �. t�tllauu 9a � 4 .�na�t�at ro�uus �suuV6uQ ;sµ " not¢uraal. cries.u:uc.. CONTRACT REViEW Changes Oahe Out Risk u a trt inn Yes „� �' - �n�.m��� gym. .1M.WPu h smn , ? YesE]NofN- ........... County Attomey Yrs 'N o orrnrruts. m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR HARRY HARRIS ASPHALT REPAIRS NON-MANDATORY/Pre-bid Job Walk for Harry Harris Asphalt Repairs at Harry Harris Park, 50 Beach Rd. Tavernier, Florida, 33070 on Wednesday,April 24, 2019 at 12:00 P.M. n BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy,; District 5 Mayor Pro Tern Danny Kolhage, District 1 Michelle Coldiron, District 2 Heather Carruthers,, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir, of Project Management Kevin Madok Cary Knight April 16, 2019 PREPARED BY: Monroe County Project Management Department Monnue County Engincermp, 0 1100 Simonton S t,2-216 Key West,FL 33040 Project Mnnogcmcnt Monroe County Engineering Date: April 15,2019 Scope of Work Remove and replace asphalt on the basketball court and access paths at Harry Harris Park. This work is repair of damages caused by Hurricane Irma. Harry Harris Asphalt Repairs„ Job Name: Harry Harris Park Job Location: 50 Beach Rd, Tavernier FL, 33070 Project Management Contact: Keith Bring bring-keithOmonroecounty-flAov (305) 2924523 Facilities Management Willie ❑eSantis desantis-william@monroecoun-fl.gov ov PROJECT OVERVIEW, PROJECT INTENT AND SCOPE, GENERAL REQUIREMENTS 1. Project Overview a. Harry Harris Park in Tavernier Key had significant flooding and storm surge during Hurricane Irma. Due to this event, the asphalt on the basketball court and portions of the access path heaved and cracked, This job requires removal of all damaged asphalt and replacement with new asphalt in areas specified. This work is being performed to repair storm damages. b. A job walk is scheduled for Wednesday, April 24, 2019, at 12!00 P�M at the location. All Quotes are due by Monday, May 6, 2019, 3:00 P.M. via email to bring-kelth@monroecounty-fl.gov or via hand delivery at 1100 Simonton Street, Room 2-216, Key West, FL 33040. All Quotes must state they will be honored for one hundred twenty (120) calendar days from submittal due date. . Project Intent and Scope Page 2 of 29 ' Monroe County Engineering 1100 Simonton Street.2-216 Key West,FL 33040 Project Management a. a. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Site Map and Photos provided in Exhibit A and as explained in this RFS. The Contractor is required to provide a complete job as contemplated by the site map and photos, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, removal of construction and asphalt debris and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The contractor is required to complete and submit to the County all of the forms provided in Exhibit A. b. Remove, repair, and replace base material and asphalt on Basketball Court complex • Install new base material, patch as needed, apply tack coat Including depression areas. • 94'x 50'x 1.5"compacted thickness using SP 9.5 asphalt.(4,700 square feet). c. Remove, repair, and replace section of access path, add base material, apply tack coat and pave using SP-9.5 asphalt and its shown on site map • Section 1 - 316' long x 11' wide x 1.5" thick (3,465 square feet). 3. Summary of General Requirements a. The provided pictures and measurements in Exhibit A may be used for estimating purposes. Contractor shall be responsible for any errors or omissions in measurements, estimates, or pictures provided. Contractors are encouraged to visit the site and to attend the Pre-bid Job Walk to facilitate preparation of an accurate proposal. b. c. Contractor its required to provide protection for all existing surfaces. To include, but not limited to: i. Existing fixtures ii. Interior Walls iii. Personal Items iv. Windows and Doors v. Flooring vi. Vehicles and Personal Property vii. Landscaping d, The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. Page of 29 Monrw County Engincermg 1100 Simonton Stn:et,2-216 Key Wes,FL 33040 Pmjat Manapment any state, for a violation ccurri in the workplace no later than five O days after such conviction. V. Impose a sanction on, or require the satisfactory partici do in drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. vi. Make a goodfaith effort to continue to maintain a drug-free workplace through implementation of this section. Page 8 of 29 Monroe County Engoncoring 1100 Stec omen Sveel,2-2 16 Key West,FL 33040 Project Manrcgm em PROPOSAL TO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: _ I ,I , gyp. t blur�dd.r The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: HARRY HARRIS PARK ASPHALT REPAIRS and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws,: ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Purchase Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Thirty (30) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter. Page 9 of 29 Monroc County Englneenng 1100 Simonton Street,2.216 Key West,1-L 33040 Project Management The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. � � Dollar. (Total 18ase Proposal)words) (Total Base Proposal—numbers) acknowledge Alternates as follows: Alternate#1 Dollars (Alternate I-words) $ Dollars (Alternate 1—numbers) acknowledge receipt of Addenda No.(s) or None No, Dated Page 10 of 29 Mons Cmmty Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management In addition, Proposer states that he/she has included a certified copy of Contractor's License, Monroe County Occupational License, and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a personI authority to bind the entity. 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor. �r � � � r ', , Mailing Address: iD i n "DiLl'.0 Ll hdkil Phone Number: 8 3 ' E.I.N.: ° Email. `7 43 ti Date: r Signed: (N e) ,, (Title) Contractor's Witness si nature: With s n e ry " Date: d+ MONROE C(?AjN Date: I 1 1 Page 11 of 29 Monroe County Engineering I 100 Sanonton Stmq,2-216 Key West,FL 33DAJ Project Management ADDITIONAL CONTRACT PROVISIONS I. NgnoL%grimieation/Eaual Employment OogortunitX. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating 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 on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color,;sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal 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 41C.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, ¶C, agrees as follows: (1)The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Page 12 of 29 Monroe County Engincervog 1100 Simonton Street,2-216 Key West,FL 33040 Proicct Management Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,; unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,. proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (4)The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, (5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page 13 of 29 Mon me County Enginecri ng I IOU Smionton Strect,2-216 Kcy Wen,FL 33040 0 11rollem ........................................I.....................1.111.-""-.-,-..",,.."'....I........... ............................--.1-.1111.................. Termination. 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. b. 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. 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 five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause, If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. d Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. e. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section Page 14 of 29 Monroc County Enginccrinr 0 C 1W Simonton street,2.2D6 Key West,F1, 330C) Pru ecl Mmagemenk 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and 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. III. MAINTENANCE OF RECORDS. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period often(10)years from the termination of this agreement. r. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and audit purposes during the term of the Agreement and for ten (10) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid by the COUNTY. IV, PUBLIC ACCESS.. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents„ papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119„ Florida Statutes„ and made or received by the CONTRACTOR and COUNTY in connection with this Agreement;; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR„ CONTRACTOR shall be referred to herein also as "'Contractor" for this provision only: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida The County and Contractor shall allow and permit reasonable access to, and inspection of., all documents, records, papers, letters or other "public record materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor; Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall!, as a Page 15 of29 N fonrne County Enginecrrng I I M Simonton Street,,2-216 Key West,FL 33040 Project Munugcmcnt prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractoror keep and maintain public records thatwould 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 be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under 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. Page 16 of29 hlonroc County Engineering 1 100 Simonton Street,2,216 Key West FL 330C.) Project Management IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT.-CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE_# 305-292- 3470 BRADLEY-BRIAN MONROECOUNTY-FL. V MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408, KEY,WEST, FL 33040. V. Ri-ght to Audit Availability of Records, The records of the parties to this Agreement relating to the Project, which shall include but not be Qiiimited 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); origlinaiU estimates, estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general! Hedger 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 Comptroller(hereinafter referred to as"'County Clerk") to substantiate charges related to this agreement,, and ail 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 document (ally foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents 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 shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. FEDERAL CONTRACT PROVISIONS 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: Page 17 of 29 Monroe County Ungmecring 11018 Simonton Street?2-216 Key West,FL 33040 Project Management i. Clean Air Act(42 U.S.C. §47401-7671 a.) and the Federal Water Pollution Control Act (33 U.S.C.§§1251-1387)as amended. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C, §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S_C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as 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. c. 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. Il. Contract Work Hours and Safety Standards Act (40 U.S.C. r$3701-37Q8). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. III. Rights to Inventions Mae Qng@r a Contract orA reement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Page 18 of 29 Monmc County Engineering 0 1100 Simonton Street,2-216 Frey West,FL 33040 Project Management Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. IV. 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. V. Byrd Anti-Lobbvina Amendment (31 U.S.C. 41352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. VI. 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 amended 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 CFR 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, https://www.epa.aovlsmmicomprehensive-orocurement-guideline-cpa-pro,ram. OTHER FEDERAL AND FEMA REQUIREMENTS Page 19 of29 Monroe Cowly Enginccring 40 1100 Sim mon S1rcel.2-216 Ke)West.FL 33040 Prajecl Manag "MI I. Americans with Disabilities Act of 1990 (ADA). as amended.The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. I I. 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 below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 - CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS: a. 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 businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: I. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; III. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. 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. vi. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (I) through VI) of this section. Page 20 of 29 Monroe County Engineering 0 1100 Simonton Slreetw 2-216 Ivey West,FL 33040 [mjcct Manngcment III. 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 employment eligibility of all new employees hired by the subcontractor during the Contract term. IV. The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page: htti3:llfl-monroecounty.civicplus.comBids.aspx?Cat1D=18. V. 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. VI. Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: 1. Cooperate with any compliance review or complaint investigation conducted by DHS; 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. VII. DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security seai(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. Vill. Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. Page 21 of29 II i s tits 1. Ltd �`f-e i ,q . ,f,to i °I c , sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise,as defined in Section 288.703, Florida Statutes or _X_is not a minority business enterprise,as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 51®percent®owned by minority persons who are members of an insular group that is of particular racial,ethnic,or gender makeup or stational origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underre resentation of commercial enterprises under the grog 's control,and whose management and daily operations are Controlled by such persons.A minority business enterprise may primarily involve the practice of profession.Ownership by a minority person does not include ownership which is the result of transfer from a non i ority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds S I million.For purposes oft is subsection,the ter "related immediate fancily group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"a means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than S million or any firm based in this state which has a Small Business Administration R(a)certircation,As applicable to sole proprietorships,the 5 million net worth requirement shall include both personal and business investments. Contractor v refer to F.S.288.703for mo information. Contractor ut _ eci ignt: Monroe oe County Signature Signature t Print e: 9 rm.�_ P.A Ci fe ° Printed Name. mm Title: �p�.r r< <�, Title/OMB Department: Verified via: srl/osd. s. yflori a.com directories ss:_ il'I t LLt m t o ld-, L_ -DEM-------- _Contract: Z0002 i / tat ip Date: macs tt er: Monme County Engineering 1100 Simonton Street,2,216 Kf.y Wesl,,Ft, 33040 Pro} t Management Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions 1 The ros ective contractor of the Reci ient, P P P ° � �o � n� 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 contractor shall attach an explanation to this form. CONTRACTOR- ,,Lid,d, i wt, w', 0,14 � ay Signature Recipient's Name Name and Title Division Contract Number laws: i t Street Address FEMA Project Number Lq 1 moo Nw. Cit , Stat Zip Date Page 23 of29 N, Monroe County Engineering 1 100 Simonton Street,2-w2 V;, Key West„R 33044.) Project Management VENDOR CERTIFICATION DING SCRUTINIZED COMPANIES LISTS Project Description(s): Jf - � Respondent Vendor Name: L ° Vendor FEIN; 3 Name and Title. e '' Address:Au�thtorized Representative z� HW 4 Ci �" p Phon� ," .t�i � � ,,.State: Zi 1 N ber gb' � Emailf Address:. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes,or is engaged in a Boycott of Israel, As the person authorized to sign on behalf of Respondent, 1 hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees„ and/or costs, I further understand that any contract with the COUNTY may be terminated.,at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, Certified By: 3t, who Is authorized to sign on behalf of the above CI any, - Authorized Signature, Print Nai e: i Title: le it,huh, Note:The List are available at the following Department of Management Services Site: 8M,dfflg.myflorida.comi/busI oDerafiong1tjWt ipgALqndE # ended disgdminatau complaints vendor lists Page 24 of 29 Monroe County Lngmeermg 1100 Simonton Street,2-216 Key Wcst,FL 33040 Project Management NON-COLLUSION AFFIDAVIT I, 15r "oin C� 0 of the city c J .' e according to law on my oath, and under penalty of perjury, depose and say that: 1. I am L1013 Co ovee- �0'c,-e-rR r of the firm of 7 A LA o cc o e".-, :r-n c . the proposer making the Proposal for the project described in the notice for p p for: calli eels for ro „ and that 1 xecuted the sad proposal v0fth full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full know/ a i�'ect. (Signature 6f Proposer) (bate) � STATE OF: lb tt'dct COUNTY OF: i .o e- PERSONALLY APPEARED BEFORE ME, the undersigned authority, t onutyr who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above. on this day of J NOTA Y P Li . My commission expires: ' ,bdyM COMMISSM#WNW • Expires,hbruary 14,2022 t 9an*thru Aaron Notary - Page 25 of 29 Monroe County Engineering 1 101)Smonton Soul,2-216 Key Wesi.FL 33040 Project Mandamcnt LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE s ary (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also,; in its discretion, deduct from the contract or purchase pace, or otherwise recover,;the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer qrATployee". (Signature) Date., b t STATE OF: L�k, COUNTY OF: Subscribed and swom to (or affirmed) before me on n� a (date) by L �a 4411 (name of affiant). He/She isersonall known t fie' .��� or has produced as identification. Vype of identification) NOT" 6LIC ,,�.�. My commission expires: �' � �� �'"'i� Jody IL now 0ov�nnis��(3G1851t15 � 2022 1 8 ttw Asm Notary Page 26 of 29 Monroe County Engineering 100 Simonton Street.2­216 Key West,FL 33046 No}ect M®nagement WORKPLACE The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution„ dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2- Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). . In the statement specified in subsection (1)„ notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noto contendere for any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted., 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature �b ❑ate Page 27 of 29 Monroe County L'ngineermg 1100 Simonton Street,2-216 Key West,FL 33040 Project Managernent PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list," 1 have read the above and state that neither ° (Proposer's name) nor any Affiliate has been placed o co victed vendor Het within the last thirty-six (36) months. (Sign re) Date: 7 J b STATE OF: 1c , c� COUNTY OF mm" Subscribed and sworn to (or affirmed) before me on the day of ��'. .. known to me or hasproducedr (name of affant). He1She is 20 r , b personIl (type of identification) as identification. ommissir Ex � NOTARYOURYq- ' #061old Fury 14,2D22 r Bonded ttw� Page 28 of 29 DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, tote best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer ore loye of any agency, a member of Congress, an officer ore loee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension,continuation, renewal,amendment or modification of any Federal contract,Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer ore loee of any agency, a member of Congress, an officer oremployee of Congress or an employee of a member of Congress in connection with this Federal contract,Grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language ofthis certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under Grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oft is certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than S 100,0 or ea ch such failure. Signed. Dated: Contractoils Authorized Representative Page 29 of 30 Monroe County Lngincering 1100 Simonton Street,Key Wcst.FL rZ . . , . � ��» • � ` J © — � DSCRUTINIZE COMPANIES LISTS Page 30 of 30 ib . woJ �� t✓ �✓ �� PRaImcm Risk Strategies Compang Estero, FL 33928 iM3RY„ INSURERA:� k, i, r, LaRocca Enterprise, Key La rgo � n ►-10CIIA 0 1111*121 K o ■ t' �, i s2.0 1 , , 00.OW ,D46i ANY It OWNED '0 -, ;D M10M ONLY y H RED NON-OWNED AUTOSONLY n SHOULD ANY OFTHE ABOVED : w POLICIES 13E CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 490 k `, i Street Suite 170 ACCORDANCETHE POLICYPROVISIONS. Marathon FL W' 0 AGENCY CUSTOMER 10:JAIARI t ACC)PR ADDITIONAL REMARKS SCHEDULE Page of J.A.LaRocco Entai Irate irk Stri las Com in 1010 Conentle POLEY NUMBER p Key Largo F 3phway CARRIER N=CODE AH REMARKS ADDITIONALTHIS REMARKS FORM IS A SCHEDULE TO ACORD FORM, F ll 311 MonroeHOLDER n f arty .Commissioners 0 111 Street,State 170 Marathon FL 33050 Supplemental name include Lindahl Holdings, LL , Paradise Pit, LL , The IaaRocco Family Limited Partnership. General Liability: erti is to Holder is included as Additional Insured. Blanket waiver of Subrogation applies. Inland ari e: Scheduled Equipment $57 ,805/ Installation $50,00 / Transportation $ 0,000/ Additional Enhancements. Auto Liability: Combined Single Limit; $1,000,000/ PIP $10,00 J Uninsured Motorist $1.,000, 00/ Medical Payments $1,000 30 day notice of cancellation, 10 days for non-payment. ACORD 1 i ( 0 L 1) 0 2008 ACORD CORPORATION. All rights reserved, The ACORD a and logo are registeredf ACORD ATTACHMENT 51012160416a q uAZA11113. 811eir orn'.. III Audrey ur"s. aea p VIuulaau..19 „h!!111 guru [Tan I Niagiau ,a 0! a