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03/16/2020 Agreement ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Contract# Effective Date: Expiration Date: Contract Purpose/Description: ;.°fit) ' x; 1 R°n'i 4 'Et 13.',m' s.121! t atA i ` wtlo l wI}TO? dsrx d fftkd;R�Ir% 1�117f. Contract is Original Agmment Contract Amendment/Extension Renewal Contract Manager: L (Name) (Ext.) (Department/Stop#} CONTRACT COSTS Total Dollar Value of Contract: $ 15-9 0,011., Current Year Portion: $ 'S (must be less than$50,000) (If multiyear agreement then requites HOCC approval,unless the r total cumulative amwrt is less than S50,004:1.00) Budgeted? Yes® No ❑ Account Codes: I 25-0459110-530490-IRPS677I-530460 Grant: $ Hurricane Irma - - - - County Match: $ Yes - - - - m ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above {e. maintenance,utilities 'anitorial salaries etc. CONTRACT REVIEW Changes Date Out Qatp In Needed fewer Department Head Yes[—]No�] V Risk Management 3-11-2020 Yes❑ No® MARI L. SLAVIK 3-11-20 O.M.B./Purchasing Yes[:]No[—] County Attorney - Yes❑ No Comments: Hurricane Tracking#58630 — ATTACHMENT DA COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR'CONTRACTS LESS THAN $50,000.00 Contract with: Contract# - Effective Date: Expiration Date: Contract Purpose/Description: EWA, Contract is Original A moment Contract Amendment/ExtenF , Rs wal Contract Manager: p(Name) (Ext.) Department/Stop#) CONTRACT COS' Total Dollar Value of Contract: $ Cur Ye; Portion: $ (must be less than$50,000) (If my =r ngi =1 then rcqui 90CC oval,unicss the IMI c nulath• amount is less ilian S50,0 J.00). Budgeted? Yes® No❑ Account Codes: 125-0459110-530490-IRP-S6771-530460 Grant: $ Hurricane Irma County Match: $ Yes - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: h)et included in dollar value above (e.g.maintenance.utilities,"anitorilll salaries etc. CONTRACT REVIEW Changes Date Out Dato In Needed sewer Department Head Yes❑Nop Risk Management 3-11-2020 Yes[:]No® MARL L. SLAVIK 3-11-20 O.M.B./Purchasing +t7,0 Yeso No N - Ljalga - Vz County Attorney Yes❑ No Comments: Hurricane Tracking#58630 MONROE COUNTY BOARDF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR MONROE COUNTY TY LONG KEY WATER LINE REPAIRS NON-MANDATORY/ Pre-bid Job Walk for Monroe County Long Key Transfer Station at 67901 Overseas Hwy., Marathon, FL 33050, on January 15, 2020, at 1:00 pm. K BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern Michelle Coldiron, District 2 Craig Cates, District 1 David Rice, District 4 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Project Management Kevin Madok Cary Knight 01/09/2020 PREPARED BY: Monroe County Project Management Department r Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 Monroe County Project Management Date: January 9, 2020 Scope of Work Repairs to Hurricane IRMA damaged 2' inch water line Approximately 1,250' Long Job Name: MONROE COUNTY LONG KEY WATER LINE REPAIRS Job Location: Monroe County Long Key Transfer Station 67901 Overseas Hwy. Marathon, Florida 33050 Contact: Project Management Steven Sanders Sanders-Steven@monroecounty:fl.gov (305) 295-4338 Facilities Management Willie DeSantis desantis-william@monroecounty-fl.gov PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview a. A job walk is scheduled for January 15, 2020, at 1:00 P.M. at the job location. All Quotes are due by January 31, 2020, 3:00 P.M. via email to sanders-steven@monroecounty-fl.gov or via hand delivery at 1100 Simonton Street, Room 2-216, Key West, Florida 33040. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope a. Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. 1. Repairs to Hurricane IRMA damaged 2' inch water line. Approximately 1,250' Long. Page 2 of 45 1 Monroe County Project Management 1100 Simonton Street,2-216 r, Key West,FL 33040 { 2. Re-install all new schedules 40 PVC 2' inch approximately 1,250' of 2' PVC re-buried as per code. 3. And install (1) one new eye wash station. 3. Summary of General Requirements a. Contractor is required to provide protection for all existing surfaces. To include, but not limited to: i. Vehicles and Personal Property ii. Trees and Landscape iii. Asphalt parking lot. b. The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. Provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. d. Load, haul, and properly dispose of all construction debris,. e. Provide and maintain appropriate (OSHA required) construction warning signs and barriers. f. Furnish all required work site safety equipment. g. Furnish and maintain on-site material safety data sheets ("MSDS") for all materials used in the construction. h. Construction work times shall be limited to: 8:00 A.M. to 5:00 P.M. Monday-Friday. i, All materials shall be approved by submittal prior to commencement of work. j. Contractor shall provide a lump sum price by January 31, 2020, at 3:00 P.M. via email or hand delivery as noted herein. k. Contractor needs to be aware of weather and location and plan accordingly. I. Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. Page 3 of 45 a � Monroe County Project Management G-- 1100 Simonton Street,2-216 Key West,FL 33040 m. Contractor shall provide a safety lift plan for all crane/hoist work. n. Contractor to provide schedule for all phases of the project. o. Contractor to provide one 3-ring Binder with all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment and one (1) digital copy in PDF format on CD/DVD. p. Contractor to coordinate all activities with concurrent site work being performed. q. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page: http://fi-monroecounty.civicplus.com/Bids.aspx?CatlD=l r. Insurance Requirements: Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Business Vehicle $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not required Page 4 of 45 Q�a F u,q Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 Construction Bond Not required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. s. The Contractor shall be required to secure and pay for all permits required to perform the work. t. The Contractor is required to have all current licenses necessary to perform the work. u. Indemnification, Hold Harmless 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 officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of Page 5 of 45 � r Monroe County Project Management s 1100 Simonton Street,2-216 Key West,FL 33040 any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. v. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices 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 bidder or with any competitor. 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. 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. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. w. ETHICS CLAUSE. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/her/its Page 6 of 45 , Monroe County Project Management 3 1100 Simonton Street,2-216 P Key West,FL 33040 r a r 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 Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. x. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: i. They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. ii. Inform 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. iii. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). iv. In the statement specified in subsection (i), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, 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. V. Impose 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, for any employee who is so convicted. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I. Nondiscrim nation/E ual Employment Opportunity. Page 7 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 t 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 Page 8 of 45 p sst,4i F ` a Monroe County Project Management 1100 Simonton Street,2-216 ' Key West,FL 33040 are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the 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 Page 9 of 45 �h Monroe County Project Management r 1100 Simonton Street,2-216 Key West,FL 33040 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. (8) The CONTRACTOR will include the portion of the sentence immediately preceding 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, 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. ll. 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 Page 10 of 45 9g Monroe County Project Management 1100 Simonton Street,2-216 �M Key West,FL 33040 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 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 of ten (10) 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 §200.333, whichever is greater. 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 Page 11 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 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 prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the 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 Page 12 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 4 r 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 Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292-3470 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12 TH Street SUITE 408, KEY WEST, FL 33040. V. Right to Audit Page 13 of 45 �Y, z ' Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and 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 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 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 contractor's 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. FEDERAL REQUIRED 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 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to: I. Clean Air Act 42 U.S.C. 7401-7671 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. §§7401-7671 q) 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. Page 14 of 45 Monroe County Project Management 1100 Simonton Street,2-216 t Key West,FL 33040 II. Davis-Bacon Act as amended 40 U.S.C. 3141-3148 . When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. M3141-3144, and §§3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" 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 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. a. 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. 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. Page 15 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 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. Ill. Contract Work Tours and Safety Standards Act 40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. IV. 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 or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. V. 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. VI. 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 Page 16 of 45 �b r Monroe County Project Management 1- 1100 Simonton Street,2-216 Key West,FL 33040 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. VI1. '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, htt s:llwww.epa. ov/smm/comprehensive-procurement-guideline-cpg_ program. OTHER FEDERAL AND FEMA REQUIREMENTS 1_. 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. Il. Disadvantaged Business Enterprise, DBE Polipy 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 Page 17 of 45 Monroe County Project Management l � 1100 Simonton Street,2-216 t Key West,FL 33040 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. lll. 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- Page 18 of 45 f 'f c Monroe County Project Management i� 1100 Simonton Street,2-216 Key West,FL 33040 Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. IV. 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; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. V. DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. VI. 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. VI I. 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: http://fl monroecounty.civio us.com/Bidstaspx?CatiD :1 g. VIII. 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. Page 19 of 45 �u TA Monroe.County Project Management 100 Simonton Street,2-216 a�a Key West,FL 33040 PROPOSAL TO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: 3rd Generation Plumbing Company 39 verseas Hwy Marathon, FL 330850 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: MONROE COUNTY LONG KEY WATER LINE 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 20 of 45 ®C' Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 s 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. lfr tr,J rm ° Dollars (Total Base Proposal-words) $ /g9 41jQ 00 _ Dollars (Total Base Proposal —numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated aoao Page 21 of 45 ft� l �k Monroe;County Project Management 100 Simonton Street,2-216 . , Key West.FL 33040 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. I Execution by the Contractor must be by a person with authority to bind the entity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: 3rd Generation Plumbing Mailing Address: 3980 Overseas Hwy Marathon, FL 33050 Phone Number: 305-743-4245 E.I.N.: 26-0058767 Email: Jm@3rdgenerationpiumbing.com Date: 'ibu4*aMo Signed; aweL/-& W,� 44es N Massaro (Name) President (Title) Contractor's Witness signature: C . Witness name: Marcia C Long Date: *` CPZ(N The County accepts the above proposal: MONROE "Y, FLORIDA Date: �X Page 22 of 45 bi rig ' Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 Minority Owned Business Declaration 3rd Generation Plumbing , a 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 a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority 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 $1 million. For purposes of this subsection, the term "related immediate family 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" 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 $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Contractor mav°refer to F.S. 288,703 for more information. Contractor 'Sub-Rcci ient: Monroe County Sig Ire Signature Print Name: James N Massaro Printed Name: Title:_President Title/OMB Department: Verified via: htt is://oscl.ditn,s.iiiLiloil ida.con/(Iii- stories Address: 3980 Overseas Hwy DEM Contract: Z0002 City/State/Zip Marathon , FL 33050 `.. Dater 44 _ FEMA Project Number Page 23 of 45 dry 4 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ,eaf Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, 3rd Generation Plumbing 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: James N Massaro _ By Sig ure Recipient's Name President Name and Title Division Contract Number 3980 Overseas Hwy Street Address FEMA Project Number Marathon, FL 33050 City, State, Zip Date Page 24 of 45 j ,DES Yrk �.'i { Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 0 Project Description(s):_Repairs to Hurricane Irma Damaged 1 1/21'SCH 40 PVC Waterline 1,250 FT long Respondent Vendor Name. ' ,/ Vendor FEIN: Vendor's Authorized Representative Name and Title: ,+ , M, , Address: 3?,F0 0 VwgeAi City:--- nA A State: Zip: 51bo - Phone Number Cr� � Email Address: I C 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, I 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: _ _...I N. o who is authorized to sign on behalf of the above referenced company Authorized Signature, Print Name. Tn,.t Title: okt- ,• Note: The List are available at the following Department of Management Services Site: http:Y/www.dms.myflorida.com/business operations/state 12urchasinalvendor information/convicted sus ended Per Addendum 1 changed from 2" Page 25 of 45 R 3 t wit Monroe County Project Management 1 100 Simonton Street,2-216 Key West,FL 33040 NON-COLLUSION AFFIDAVIT I James N Massaro of the city of Marathon , Florida according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am President of the firm of 3rd Generation Plumbing the proposer making the Proposal for the project described in the notice for calling for proposals for: -Repairs to 1,250 Ft of 1 1/2" SCH 40 PVC waterline and that I executed the said proposal with 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 kno ledge f s project, ( ature of Pr poser) (Date) STATE OF: Florida COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, �. who, after first being sworn by me, (name of individual sign iniff affixed his/her signature in the space provided above, on this J- day of . 202-0 A," - NOTARY PUg6C �,.� ";;►; MARCIA C.LONG My commission expires: i t s_Z Z ��` No� Public Co r#1657560 My Comm.Ares November 5,2022 Page 26 of 45 � a Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 f LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 3rd Generation Plumbing Company (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 price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Sig ture) Date: Bt0" STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on ZQZQ (date) by (name of affiant). He/She is personally known to or Was produced as identification. (Type of identification) NOTARY PUBLIC My commission expires: - - MARCIA C.LONG r* Notary Public-State of Florida ., .' Commission#1557560 ' My Comm.60r November 5,2022 Page 27 of 45 i v Aj y" Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 3rd Generation Plumbing (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). 4. 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 nolo contendere to, 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. 14 Proposer's Signature Date Page 28 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 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." I have read the above and state that neither James N Massaro President 3rd Generation Plumbing (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. 4� n ature) Date: STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (oraffirmed) before me on the day of 2010 , by t name of affiant). He/She is perso ly known to me or has produced (type of identification) as identification. My Commission Expires: // - 2- NOTAR UBLIC w (51=�.. CIA C.LONG *: Nof8ryIt Slate of Flom CoMMIsslon#1657560 COMM,MY Eow N 5,2022 Page 29 of 45 P � � A �' • Gig. - x:::�d s fs w w ' 4 w a. a �:•+a � '�, � i, d... wPdt i F s 4 sp �+ ri r - oi 'w.4Lo LLL2ju7AUi sliE-ltl,!i% w lUlk -10 AAL, w f a wr r 9 =iei*iwk 3300 Aso , � mu not s j 'no - n 1,.- or bh " f days pdor n ton to,ths Coot y by tho°1 The repsvN the, ; m any kbahjoi ob%gm Ammed under ft tontrwor k"Poeadbylaw. The Morme Count Board of County Co, lo 0 w l be InOWded ali' i l lnstj r'Al , lei , W CmPefisatlft Any deMoftro,WmAh , General l k be laqwated Ift, xlyvwot Jim INOORAN Poe,REM,jawwra w 'tomponsaftl I*Iv b"i .- $IOOAM,OWIIY 44ify by Q *w each Goneraf Liabbyps $306,0WtoMMned /Vishiow so ,,hdn , and i�i . " �, cww N qmow , t onstruOW Sond NO Requited, Motitoe, Couri* BOOM, Of COunty' Ctftfigalonats shal be,tia' d' air AddPimml ii Va " KAMM and Rid , No: . ding 9"y !Coot Moor i aid # ld Coy ' i� a � i On � , adowor000mm,of . ' " 1 thy P9 by 1"00 Oft d0oftl ftd 1% W ih o ' a . l Ag,' dry of a of ° i r lea" 4m%sibn or, or in ' or a ate. 4,that t urt ° „ �r ns a y 1� IR W' / �' , :A : i' k0 9 lk + ,, rah b s•` - W „:.y, _ C F f" R N M�: r IF WIL mo HL W F T wAil t�. a .. .,.. PROPOSER r I Igo" d f h*0 UI ',PFOPOW narned,aboo. POLICY PEOUCTIKES 13DG 0080104 Fla al Insurance Agent rt i Monroe County Project Management o- 1100 Simonton Street,2-216 ddd Key West,FL 33040 r MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. ContractorNendor: i i Project or Service: i ContractorNendor Address & Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of ContractorNendor: Date; Approved Not Approved Risk Management Signature: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 35 of 45 ' Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 EXHIBIT "A" DEPARTMENT OF LABOR AGE DETERMINATION i EXHIBIT "A Page 36 of 45 } Monroe County Project Management 1100 Simonton Street,2-216 ' Key West,FL 33040 "General Decision Number: FL20200022 01/03/2020 Superseded General Decision Number: FL20190022 i State: Florida Construction Type: Building County: Monroe County in Florida.. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 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 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 the wage rate determined through the conformance process 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 contracts entered into by the federal government that are subject EXHIBIT `°A" Page 37 of 45 Monroe County Project Management 1100 Simonton Street,2-216 ' Key West,FL 33040 � ' to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol. gov/whd/govcontracts . Modification Number Publication Date 0 01/03/2020 * ELEC0349-003 09/02/2019 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77 ENGI0487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29. 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ---------------------------------------------------------------- IRON0272-004 10/01/2019 Rates Fringes IRONWORKER, STRUCTURAL AND EXHIBIT "A" Page 38 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99 PAIN0365-004 08/01/2019 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28 ---------------------------------------------------------------- SFFL0821-001 01/01/2019 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . „ . . . . . . . $ 28 . 38 19. 44 SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . » , . . . $ 23 . 50 12 . 18 -------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . „ . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 FENCE ERECTOR„ . . . . . . . . . . . . . . . . . . . $ 9. 94 0 . 00 LABORER: Common or General. . . . . . $ 8 . 62 0 . 00 EXHIBIT "A" Page 39 of 45 Monroe County Project Management Y 1100 Simonton Street,2-216 Key West,FL 33040 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16. 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9. 58 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ---------------------------------------------------------------- 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 EXHIBIT "A" Page 40 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 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. i Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol . gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . EXHIBIT "A" Page 41 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: I PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e. , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 EXHIBIT "A" Page 42 of 45 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be. EXHIBIT "A" Page 43 of 45 Monroe County Project Management 4 r 1100 Simonton Street,2-216 Key West,FL 33040 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 EXHIBIT "A" Page 44 of 45 "s k Monroe County Project Management 1100 Simonton Street,2-216 p Key West,FL 33040 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. I 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ve EXHIBIT "A" Page 45 of 45