Item D3 � D.3
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: D.3
Agenda Item Summary #6965
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523
n/a
AGENDA ITEM WORDING: Approval of a contract with Pedro Falcon Contractors, Inc. in the
amount of $72,787.00 for the remaining repairs at Watson Park on Big Pine Key which was
damaged during Hurricane Irma.
ITEM BACKGROUND: Hurricane Irma caused substantial damages to Watson Park on Big Pine
Key. While the park has been re-opened there are some remaining items that need to be repaired
including replacement of the scoreboard and batting cage at the baseball field, multiple repairs to the
Concession Building and Press Box, replacement of irrigation system, and miscellaneous other small
repairs. These final repairs should complete and closeout all remaining damages at Watson Park.
PREVIOUS RELEVANT BOCC ACTION:
6/20/18 —BOCC gave approval to advertise all required solicitations for repairs to Hurricane Irma
damaged facilities.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Contract
DOCUMENTATION:
Contract Pedro Falcon Watson Park—contractor signed
Insurance Statement Pedro Falcon
FINANCIAL IMPACT:
Effective Date: 6/17/20
Expiration Date: 60 days after NTP issued
Total Dollar Value of Contract: $72,787.00
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D.3
Total Cost to County: $3,639.35
Current Year Portion: $72,787.00
Budgeted: Hurricane Irma
Source of Funds: 125-0459110-IRPG6780
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant: Yes
County Match: 5% (FEMA 90% cost share & State 5% cost share)
Insurance Required: yes
Additional Details:
125-0459110-530490-IRPG6780
06/17/20 125-0459110 - HURRICANE IRMA $72,787.00
REVIEWED BY:
Cary Knight Completed 06/01/2020 12:43 PM
Joseph DiNovo Completed 06/01/2020 4:09 PM
Kevin Wilson Completed 06/01/2020 4:53 PM
Purchasing Completed 06/01/2020 5:32 PM
Budget and Finance Completed 06/02/2020 11:32 AM
Maria Slavik Completed 06/02/2020 12:06 PM
Kathy Peters Completed 06/02/2020 12:21 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM CL
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AGREEMENT N
Made as of the 17t' day of June, 2020
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BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street c
Key West, Florida 33040
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And the Contractor: Pedro Falcon Contractors, Inc.
31160 Avenue C
Big Pine Key, Florida 33043 2
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For the following Project: WATSON PARK PHASE II REPAIRS
Scope of the Work
The Contractor is required to provide a complete job as contemplated by the documents,
which are a part of this bid package. The Contractor shall furnish all labor, supervision, U
materials, power,tools, equipment, supplies, permits, and any other means of construction
necessary or proper for performing and completing the repairs listed.
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Watson Park Phase II Repairs N
Complete all items in Scope of Work with in-kind, like-for-like fit, finish, and original function
and obtain Certificate of Occupancy, returning facility to its pre-disaster state. Work must i
meet all current building codes and standards. Contractor to test each repair included in 0
this bid and verify system is functional or inform County of all additional related items
needing repair or replacement. P
Acquire all necessary permits, including any fees as a part of the bid. Contractor shall CLi
properly dispose of debris.
Scope of Work
Baseball Equipment:
• Remove and replace one (1) each of Sport-able Scoreboards baseball
scoreboards, Model 3375, 6 FT long x 8 FT high.
• Remove and replace one (1) each of outdoor batting cage, 70 FT long x 8 FT wide
x 10 FT high.
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Dog Park - Large Breeds:
• Remove and replace one (1) each of galvanized steel sun shelter, 8 FT long x 9
FT wide.
Park Concessions:
• Remove and replace one (1) each wooden kitchen cabinets, 30 FT long x 24 FT
wide x 4 FT high. y
• Remove and replace one (1) each of Kenmore electric range, 30 Amp.
• Remove and replace one (1) each of Manitowoc B400 ice making machine, 20
Amp.
• Remove and replace ten (10) each of gypsum drywall, 40 FT long x 0.5 IN wide x
3 FT high.
Park Walkway:
• Remove and replace 0.3241 CY of concrete path, 7 FT long x 3 FT wide x 5 IN
deep,
Press Box: o
• Remove and replace one (1) each of Square D electrical panel-board - 24 circuit
size, 125 Amp.
• Remove and replace two (2) each of vinyl shutter panels, 20 FT long x 5 FT high.
• Remove and replace twelve (12) each wooden stairs.
Volleyball Court:
• Remove and replace one (1) each of Metal Halide lamp for illuminating volleyball
play area, 1,000 Watt.
Water Irrigation Pump:
• Remove and replace one (1)each of A.O. Smith- K43A34A06 pump used to power �?
sprinkler heads, 15 Amp.
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ARTICLE 1
The Contract Documents UI
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The i
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An 2
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 o
the documents as just listed.
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ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
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ARTICLE 3
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
Sixty (60) 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.
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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 0
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
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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.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such Party's control, without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or UI
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic CL
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 geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or 0
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 P
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 CLi
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine.
ARTICLE 4 E
Contract Sum
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4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Seventy-Two Thousand Seven Hundred Eighty-
Seven and 00/100 Dollars ($72,787.00), 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
the Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of N
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. c
5.2 The period covered by each Application for payment shall be one (1) calendar month c
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall c
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment. i
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows: N
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined i
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
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amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to E
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 y
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.
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5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735 (8)(b), N
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 o
Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph ~�
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty (20)
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
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(1) Application and Certificate for Payment UI
(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) 2
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to: P
A. Project Record Documents (As Built Documents). i
B. Operating and maintenance data, instructions to the Owner's personnel.
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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.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 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 N
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 o
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date. ~�
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 o
for the construction or repair of a public building or public work, may not submit proposals 2
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity, UI
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
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7.6 The following items are included in this contract:
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a) Maintenance of Records. Contractor shall maintain all books, records, and documents 0
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a P
period of seven (7) years from the termination of this Agreement or for a period of five
(5) years from the submission of the final expenditure report as per 2 CFR §200.33, i
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 four
(4) 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
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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 y
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, CL
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge CL
logs and supporting documentation; general ledger entries detailing cash and trade N
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by 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 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 c
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative CL
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 ~�
shall be kept for seven (7) 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 an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized c
by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall 2
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to Contractor. The Right to UI
Audit provisions survive the termination or expiration of this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall 2
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and c
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 i
prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
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enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party CL
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 CL
non-prevailing party, and shall include attorney's fees and courts costs in appellate N
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
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and performance of this Agreement have been duly authorized by all necessary CL
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the ~�
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all o
disputes and disagreements shall be attempted to be resolved by meet and confer 2
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 UI
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seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. CL
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i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities 2
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 o
shall be required to enter into any arbitration proceedings related to this Agreement. 0)
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j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
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race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment y
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, 0
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relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment 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; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 129357 3 C.F.R. Part, 1964-1965 0
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 N
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 UI
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, CL
without regard to their race, color, religion, sex, sexual orientation, gender identity, 0
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment i
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 0
nondiscrimination clause. 0
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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, sexual
orientation, gender identity, or national origin.
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3. The Contractor will not discharge or in any other manner discriminate against any
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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 y
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 CL
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information. c
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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 2
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.
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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 0
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law. P
8. The Contractor will include the portion of the sentence immediately preceding i
paragraph (1) and the provisions of paragraphs(1)through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the 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,
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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 United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or y
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize CL
and will be required to comply with the standards of conduct for public officers and N
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, c
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 CL
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 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 UI
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 CL
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. c
The Contractor is encouraged to consult with its advisors about Florida Public Records CL C,i
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the c
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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D.3.a
(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 y
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following CL
completion of the contract if the contractor does not transfer the records to
the County. CL
0
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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 0
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the c
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining CL
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 c
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.
0
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 UI
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 CL
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 2
or as otherwise provided by law.
0
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
BRAD LEY-BRIAN@MONROECOUNTY-FL.GOV,
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D.3.a
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the ,
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of CL
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver. CL
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p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits 0
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation �?
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
0
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated 0
hereunder, and the County and the Contractor agree that neither the County nor the lei
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 N
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement. i
0
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, o
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
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D.3.a
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, Indemnification, and Defense. 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 y
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other CL
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, CL
initiated with respect to, or sustained by, any indemnified party by reason of, or in N
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, c
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 Fla. Stat., Sec. 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 c
increased expenses resulting from such delay. Should any claims be asserted against 2
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 UI
shall hold the County harmless and shall indemnify it from all losses occurring therebyle
and shall further defend any claim or action on the County's behalf. CL
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The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
i
The extent of liability is in no way limited to, reduced, or lessened by the insurance 0
requirements contained elsewhere within this Agreement.
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FDEM Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless CL C,i
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. E
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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 y
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement. CL
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the N
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE's have the
opportunity to compete and perform contracts. The County and Contractor and 0)
CL
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
0
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:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists; U
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
CL
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities r-
to permit maximum participation by small and minority businesses, and women's N
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; 0
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the P
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative CLi
steps listed in paragraph (1) through (5) of this section.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
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D.3.a
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
aa) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County or the Florida Division of Emergency Management.
No statement contained in this Agreement shall be construed so as to find Contractor CL
or any of its employees, subcontractors, servants, or agents to be employees of the N
Board of County Commissioners of Monroe County.
bb) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing, c
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective. CL
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
For Contractor: Christian Brisson, President
Pedro Falcon Contractors, Inc.
31160 Avenue C
Big Pine Key, Florida 33043
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For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St. CL
Key West, Florida 33040 Key West, Florida 33040
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7.8 FEDERAL CONTRACT REQUIREMENTS
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The Contractor and its subcontractors must follow the provisions, as applicable, as set c
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to @ C.F.R. Part 200, as
amended, including but not limited to: i
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant c
U
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 51
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D.3.a
"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
current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which is attached hereto as Exhibit "A" and made a part hereof. 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 Grant Program (it does not
apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback"
Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR c
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) Contractor. 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 c
may by appropriate instructions require, and also a clause requiring 2
the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the UI
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 4
for termination of the contract, and for debarment as a contractor
and subcontractor as provided in 29 C.F.R. § 5.12.
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7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. �W01-3708). Where
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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 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
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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.
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient orCL
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
CL
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 M
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. �7401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will CL
report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act(42 U.S.C. 7401-7671 q.)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.
7.8.5 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 UI
Executive Order 12549.
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7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a M
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-
0
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.7 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 designated in guidelines of the Environmental E
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
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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.
Other Federal and FEMA Requirements (as applicable)
7.8.8 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 CL
Federal government issued thereunder, and the assurance by the CONTRACTOR N
pursuant thereto.
7.8.9 Access to Records. Contractor/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable 0
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 CL
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; and (3) Submit timely, complete, and accurate reports to the appropriate �--
DHS officials and maintain appropriate backup documentation to support the
reports.
7.8.10 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA approval. 0
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7.8.11 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. 0
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7.8.12 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.
7.8.13 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
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D.3.a
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe
County web page: p ://www.mcnrceccunty®fi. ov/ demrantareement
ARTICLE 8
Termination or Suspension
CL
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the 4
County shall have the right to terminate this Agreement after five (5) calendar days'written M
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other 0
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
0
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) 2
hours' written 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 2
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 UI
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.
0
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days'written 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 2
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the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
0
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has i
submitted a false certification under Section 287.135(5), Florida Statutes or has been 2
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 E
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
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8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
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.
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ARTICLE 9
Enumeration of Contract Documents
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9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: N/A
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the RFP. c
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 4/7/20 3
2 4/17/20 2
0
This Agreement is entered into as of the day and year first written above and is executed in at UI
least one (1) original copy.
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0
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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0
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0
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0
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D.3.a
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.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By. By,
Deputy Clerk Mayor/Chairman
Date N
MONROE COUN ATTORNEYS OFPFCE
TY
(SEAL) APPROVED AS TO FOF7M
T COU Y ATf ORN'EY
2
DATE: 5-27-2020
0
CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON
Contractor must provide two witnesses CONTRACTORS, INC
signatures
S gnat e' f -..3
Signature: Print Name: Christian Brisson
0
Print Name: Kathy Smith Title: As President
Date: 05-28-2020 Date: 05-28-2020
and
Signature: Via'
0
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Print Name: Brenda Hannah lei
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Date: 05-28-2020
0
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STATE OF: ,
COUNTY OF: 0
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Subscribed and sworn to (or affirmed) before me by means of hysical presence or ❑ online c
notarization, on (date)
by (name of affiant). He/She is personally known CL
to me or has produced (type of identification) as
identification. 2
c
rsn. SHELLY HITT
COMMISSION 1F GG 212827 OTARY PLIC �
�= EXPIRES:June 12,2022
' W 13 Thru Notary Public Underwriters
My commission expires:
Page 22 of 31
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D.3.a
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment N
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering 0
Section 01200 Project Meetings
Section 01301 Submittals o
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment 0
Section 01630 Post-Proposal Substitutions lei
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning N
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties 0
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0
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0
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D.3.a
c�
EXHIBIT "A"
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0
N
DAVIS BACON WAGE DETERMINATION
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0
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0
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0
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Page 24 of 31
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D.3.a
"General Decision Number : FL20200022 05/15/2020
Superseded General Decision Number : FL20190022
State : Florida a,
Construction Type : Building
County: Monroe County in Florida .
N
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes or apartments up to and including 4 stories) .
r_
0
Note : Under Executive Order (EO) 13658, an hourly minimum
wage of $10 . 80 for calendar year 2020 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1 , 2015 . If this contract is covered by the
EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10 . 80 per hour (or the applicable wage rate listed on this _
wage determination, if it is higher) for all hours spent
performing on the contract in calendar year 2020 . If this
contract is covered by the EO and a classification N
considered necessary for performance of work on the
contract does not appear on this wage determination, the
contractor must pay workers in that classification at least 0
the wage rate determined through the conformance process lei
set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage
rate, if it is higher than the conformed wage rate) . The EO
minimum wage rate will be adjusted annually. Please note
that this EO applies to the above-mentioned types of i
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not
apply to contracts subject only to the Davis-Bacon Related P
Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60 ) .
Additional information on contractor requirements and
worker protections under the EO is available at 2
www. dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/03/2020
1 05/15/2020
Page 25 of 31
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D.3.a
ELEC0349-003 09/02/2019
Rates Fringes
ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77 y
-----------------------------------------------------------
ENG10487-004 07/01/2013
N
Rates Fringes
0
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 0
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80
-----------------------------------------------------------
IRON0272-004 10/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL AND 0
REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99
-----------------------------------------------------------
0
0
PAIN0365-004 08/01/2019
0
Rates Fringes
i
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28
0
----------------------------------------------------------- -
----- 0
* SFFL0821-001 01/01/2020
i
Rates Fringes 2
0
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 18 19 . 75
0
0
SHEE0032-003 12/01/2013
Page 26 of 31
Packet Pg. 1288
D.3.a
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 a,
-----------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 0
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CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00
LABORER: Common or General . . . . . . $ 8 . 62 0 . 00
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00
OPERATOR: Paver (Asphalt, N
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 0
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00
i
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 N
i
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 0
0
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 2
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15
0
Page 27 of 31
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D.3.a
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
-----------------------------------------------------------
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave for Federal Contractors applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
January 1 , 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year . Employees must be permitted to
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care; to assist
a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related
needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like
family to the employee) who is a victim of, domestic _
violence, sexual assault, or stalking . Additional
information on contractor requirements and worker
protections under the EO is available at N
www. dol . gov/whd/govcontracts .
Unlisted classifications needed for work not included
U
within the scope of the classifications listed may be added lei
after award only as provided in the labor standards
contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) .
N
i
-----------------------------------------------------------
0
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0
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the 2
area covered by the wage determination . The classifications
are listed in alphabetical order of ""identifiers" " that
indicate whether the particular rate is a union rate
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) .
Page 28 of 31
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D.3.a
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other y
than ""SU"" or " "UAVG" " denotes that the union
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classification and rate were prevailing for that
classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the union
which prevailed in the survey for this classification,
which in this example would be Plumbers . 0198 indicates the
local union number or district council number where
applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is 0)
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July 1, 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a 0
weighted average rate based on all the rates reported in lei
the survey for that classification . As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example :
SULA2012-007 5/13/2014 . SU indicates the rates are survey i
rates based on a weighted average calculation of rates and
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these o
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the �i
wage determination . 5/13/2014 indicates the survey 2
completion date for the classifications and rates under
that identifier .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Page 29 of 31
Packet Pg. 1291
D.3.a
Union Average Rate Identifiers
c�
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the y
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted
union average rate . OH indicates the state . The next
number, 0010 in the example, is an internal number used in
producing the wage determination . 08/29/2014 indicates the
survey completion date for the classifications and rates
under that identifier .
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0
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
0
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can be :
0
* an existing published wage determination lei
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on a wage determination matter
* a conformance (additional classification and rate) i
ruling
M
On survey related matters, initial contact, including o
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have 2
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be
followed.
With regard to any other matter not yet ripe for the formal
Page 30 of 31
Packet Pg. 1292
D.3.a
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division y
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) .
Write to :
Wage and Hour Administrator
U . S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
The request should be accompanied by a full statement of _
the interested party' s position and by any information
(wage payment data, project description, area practice
material, etc . ) that the requestor considers relevant to N
the issue . 0
3 . ) If the decision of the Administrator is not favorable, 0
an interested party may appeal directly to the lei
Administrative Review Board (formerly the Wage Appeals
Board) . Write to :
N
Administrative Review Board i
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210 0
0
4 . ) All decisions by the Administrative Review Board are
final . 2
-----------------------------------------------------------
END OF GENERAL DECISION"
0
Page 31 of 31
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D.3.b
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee a,
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
0
Business Automobile Liability $300,000 Combined Single Limit
(Owned, non-owned, and hired vehicles) o
If split limits are preferred: o
0
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required
0
U
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.
0
Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and i
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 E
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the y
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 E
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 Fla. Stat. Sec. 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
INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 305
Packet Pg. 1294
D.3.b
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.
CL
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above. CL
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0
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements 42
contained elsewhere within this AGREEMENT.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the 0
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 c
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 CL
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.
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 hold harmless and duty 0)
to defend as set out in this proposal. CLi
E
Christian Brisson
PROPOSER Signatu
INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 305
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D.3.b
Watson Park Phase II Repa
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
General Liability $0 CL
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Automobile Liability $0
0
N
Umbrella Liability $0
0
Employers Liability $0
0
Liability policies are X Occurrence Claims Made
0
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Bowen, Miclette & Britt of Florida, LLC
Insurance Agency Signatur,
0
0
0
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 303
a Packet Pg. 1296