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01st Amendment 07/21/2021 Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: July 26, 2021 TO: Breanne Erickson Project Management FROM: Sally M. Abrams, D.C. SUBJECT: July 21' BOCC Meeting Attached, for your handling, is an electronic copy of item C17, First Amendment to the Agreement with Coral Construction Company for construction of the Lower Keys Scenic Viewing Area and Nature Center(Big Pine Swimming Hole) Project. This is a no cost Amendment which updates the Davis Bacon Wages at the request of the Florida Department of Transportation(FDOT). Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33071 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FIRST AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION OF THE LOWER KEYS SCENIC HIGHWAY VIEWING AREA(BIG PINE SWIMMING ROLE)PROJECT THIS FIRST AMENDMENT is entered into this 21" day of July 2021, by and between Monroe County Board of County Commissioners, a political subdivision of the State of Florida, hereafter referred to as "County", and Coral Construction Company, a Florida Corporation, hereafter referred to as"Contractor". WHEREAS, on March 21, 2019, the parties entered into an Agreement for the construction of the Lower Keys Scenic Highway Viewing Area (Big Pine Swimming Hole)Project; and WHEREAS, it has come to the attention of the County that the Davis Bacon Wages referenced in the LAP Division 1 Specifications of the Contract Documents were not the current prevailing rates at the time of execution of the original Agreement and need to be updated. NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Contractor agree to amend the agreement as set forth below: 1. Section 7-16 of LAP Division 1 Specifications; Wage Rates for Federal-Aid Projects is amended to replace the prevailing wage rates with the attached Exhibit A. 2. In all other respects the Contract dated March 21,2019 remains in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA By: �� Q ,f7 �a2w i " I G QfP/i n ` �( C By: As yeputy Clerk 0-a/, ga,14 Mayor/Chairman ~0 OYI,CE •PPRWED VETO FORM 41 DATE: F_�3a�o».E:, (SEAL) - CORAL CONSTRUCTION COMPANY •- B i y: ) Y' _ I e • By: `�E:wcu, r— a Title Vree_ 7Prof Title ?reit n L/ r _ _- Page 1 of 5 EXHIBIT A "General Decision Number: FL20190147 01/04/2019 Superseded General Decision Number: FL20180190 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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 $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * ELEC0349-002 03/05/2018 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 33.11 12.31 ---------------------------------------------------------------- SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 11. 95 1.44 CEMENT MASON/CONCRETE FINISHER. . .$ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . .$ 12.70 0.00 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 2 of 5 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) . . . . . . .$ 13.08 0.00 INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14.44 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 13.85 0.00 LABORER (Traffic Control Specialist) . . . . . . . . . . . . . . . . . . . . . .$ 12.17 1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13.60 0.00 LABORER: Common or General. . . . . .$ 11. 96 2. 90 LABORER: Flagger. . . . . . . . . . . . . . . .$ 9.87 0.00 LABORER: Grade Checker. . . . . . . . . .$ 11.45 0.00 LABORER: Landscape & Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11.16 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.68 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11.60 0.00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 10.89 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13. 90 0.00 OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 17.83 0.00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 11.03 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 16.08 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 0.00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 0.00 OPERATOR: Milling Machine. . . . . . .$ 13.23 0.00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12.61 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18.17 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 2.39 OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15.79 0.00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 16.00 0.00 TRAFFIC SIGNALIZATION: https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 3 of 5 Traffic Signal Installation. . . . . .$ 19.03 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.66 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14. 94 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 13.05 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 4 of 5 where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain 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, 1000 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. * 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 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 5 of 5 * 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 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021