Item E1 �s E.1
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: E.1
Agenda Item Summary #9332
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
n/a
AGENDA ITEM WORDING: Approval to award bid and approve an Agreement with Ferreira
Construction Southern Division Co., Inc. in the amount of $448,400.00 for the Harry Harris Park
Wilkinson's Point and Beach Jetty Hurricane Repairs in the amount of $448,400.00. This project is
part of the Hurricane Irma recovery effort.
ITEM BACKGROUND: Hurricane Irma caused damages to the Harry Harris Park Beach Jetty and
Wilkinson's Point rendering them both unsafe and inaccessible. A Request for Proposals (RFP) for
the repairs to the Beach Jetty and Wilkinson's Point was advertised in July with a bid-opening date
of August 26, 2021. A total of five (5) bids were received. A selection committee was formed and
met on September 13, 2021, to discuss and rank the proposals. Ferreira Construction Southern
Division Co., Inc. was the highest ranked respondent to the RFP according to the selection
committee. Staff requests approval to award this bid and execution of the Agreement with Ferreira
Construction in the amount of$448,400.00 for these hurricane repairs at Harry Harris Park.
PREVIOUS RELEVANT BOCC ACTION:
June 20, 2018 —BOCC gave approval to advertise any required solicitation related to the repair and
response to Hurricane Irma damage.
January 22, 2020 —BOCC approved a Task Order with CPH, Inc. for data collection and
preliminary design of the repairs to Harry Harris Park Beach Jetty and Wilkinson's Point.
October 21, 2020 —BOCC approved a First Amendment to the Task Order with CPH, Inc., which
added final design through construction administration services.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
Agreement Ferreira (final legal stamped)
Bid Tabulation Sheet pdf
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Final Cumulative Ranking Sheet 9.13.21
Ferreira Bid Proposal Form
FINANCIAL IMPACT:
Effective Date: 10/20/21
Expiration Date: 422 days after issuance of NTP
Total Dollar Value of Contract: $448,400.00
Total Cost to County: $22,420.00
Current Year Portion: $404,000.00
Budgeted: Yes
Source of Funds: 125-0459110
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: Yes
County Match: 90% Federal; 5% State; 5% County
Insurance Required: yes
Additional Details:
125-0459110-530490-IRPG7769
10/20/21 125-0459110 - HURRICANE IRMA $448,400.00
IRPG7769
REVIEWED BY:
Cary Knight Completed 10/05/2021 2:17 PM
Kevin Wilson Completed 10/05/2021 3:17 PM
Patricia Eables Completed 10/05/2021 3:20 PM
Purchasing Completed 10/05/2021 4:19 PM
Budget and Finance Completed 10/05/2021 4:47 PM
Maria Slavik Completed 10/05/2021 4:48 PM
Liz Yongue Completed 10/05/2021 5:00 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
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Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM CL
AGREEMENT
Made as of the 20"Day of October,2021
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BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street n
Key West, Florida 33040 c
And the Contractor: Ferreira Construction Southern Division Co., Inc.,
A Florida Foreign Profit Corporation,whose principal
address is:
31 Tannery Road
Branchburg,New Jersey 08876
But whose address for purposes of this Agreement is: E
9455 Northwest 104' Street �
Medley, Florida 33178 e��t
For the following Project: HARRY HARRIS PARK WILKINSON'S POINT& E
BEACH JETTY HURRICANE REPAIRS
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Scope of the Work
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The Scope of Work for this Project relates to the repair of two existing structures at Harry Harris
Park,as outlined on the provided plans.Repair work includes large armor stone placement,crushed '
limestone fill with geotextile liner, and asphalt pavement along the delineated walkways. U-
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Documents and Specifications. The Contractor is required to provide a complete job as
contemplated by the documents and specifications, which are a part of this bid package. The CD
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Contractor shall furnish all labor, supervision, materials power, tools equipment, supplies et
permits, and any other means of construction necessary or proper for performing and completing
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the repairs listed.
Acquire all necessary permits, including any fees as a part of the bid. Contractor shall supply all
of the needed materials and hardware to complete the Project and properly dispose of debris.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary,
and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution
of this Agreement, together with the response to RFP and all required insurance documentation, and
Modifications issued after execution of this Agreement. The Contract represents the entire and integrated
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agreement between the parties hereto and supersedes prior negotiations, representations, or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 9.In the event of a discrepancy between the documents,precedence shall be determined by the order =
of the documents as just listed.
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ARTICLE 2
The Work of this Contract
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The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A c
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ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than Four a,
Hundred Twenty-Two (422) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in the
milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature of
approval on the Certificate of Substantial Completion. The liquidated damages table below shall
be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
S100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day a�
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be
an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this
Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond
such Parry's control, without such Part's fault or negligence and that by its nature could not have been
foreseen by such Parry or, if it could have been foreseen,was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the
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Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, not,or other
civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by
any governmental authority prohibiting work in the geographic area of the Project;(each,a"Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, u
components, or services, market conditions, or supplier actions or contract disputes will not excuse
performance by Contractor under this Section. Contractor shall give County written notice within seven(7)
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days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,and
the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to
end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are s
minimized and resume full performance under this Agreement. The County will not pay additional cost as
a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the
County as the Owner's Representative may determine. The Contractor may only seek a no cost Change
Order for such reasonable time as the Owner's Representative may determine.
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ARTICLE 4
Contract Sum 0
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4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of they
Contract the Contract Sum of Four Hundred Forty-Eight Thousand Four Hundred and 00/100
Dollars($448,400.00),subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract
Documents and are hereby accepted by the Owner:N/A
ARTICLE 5
Progress Payments W
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project E
Management, and upon approval for payment issued by the Director of Project Management and `u
Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one(1)calendar month ending on the
last day of the month. i
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in
accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida i
Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with m
supporting documentation that are acceptable to the Monroe County Office of Clerk and E
Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting
principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk.
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The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be
provided by the Owner upon request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the
Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the
entire Contract Sum among the various portions of the Work and be prepared in such form and
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supported by such data to substantiate its accuracy as the Director of Project Management may
require. This schedule,unless objected to by the Director of Project Management, shall be used as
a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work
as of the end of the period covered by the Application for Payment.
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5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall c�
be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract =
Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent 0
(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in
dispute may be included in Applications for Payment. The amount of credit to be allowed by the c
Contractor to the Owner for a deletion or change which results in a net decrease in the Contract
Sum shall be the net cost to the Owner, less Overhead,Profit and Documented Costs incurred prior n
to the change Request, as indicated in the corresponding line item in the Approved Schedule of U
Values for that line item as confirmed by the Director of Project Management.When both additions
and credits covering related Work or substitutions are involved in a change, the allowance ford,
overhead and profit shall be figured on the basis of net increase,if any,with respect to that change.
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5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if �.
approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing), W
less retainage; cu
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified
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a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. E
5.7 Retainage of five percent(5%)will be withheld in accordance with Section 218.735 (8)(a),Florida ru
Statutes. m
ARTICLE 6 _
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to
the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been U-i
accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as
provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which E
necessarily survive final payment, and(2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty(20)days after
the issuance of the final approval for payment. The following documents (samples in section 01027,
Application for Payment) are required for Final Payment:
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(1)Application and Certificate for Payment
(2) Continuation Sheet et
(3) Certificate of Substantial Completion
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(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6)Final Release of Lien
(7) Contractor shall provide two (2)hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form(i.e. flash drive) of all the following,but
not limited to:
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A.Project Record Documents (As Built Documents).
B. Operating and maintenance data,instructions to the Owner's personnel.
C. Warranties,bond and guarantees. 0
D. Keys and keying schedule. c
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E. Spare parts and maintenance materials. n
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F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies). U-
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document, the reference refers to that provision as amended or supplemented by other y
provisions of the Contract Documents.
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7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and
Monroe County Code.
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7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the
General Conditions. ,
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7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners. In the event that E
the County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated, and the County has no further obligation under the terms of this Agreement to the
Contractor beyond that already incurred by the termination date.
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7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public et
entity for the construction or repair of a public building or public work, may not submit bids on
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leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,Fla.
Stat., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed
on the convicted vendor list. u
7.6 The following items are included in this contract:
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a) Maintenance of Records. Contractor shall maintain all books,records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted =
accounting principles consistently applied. Records shall be retained for a period of seven (7)
years from the termination of this Agreement or five (5)years from the submission of the final s
expenditure report as per 2 CFR§200.33,if applicable,whichever is greater.Each party to this 0
Agreement or their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of c
the Agreement and for seven(7)years following the termination of this Agreement.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as computer,
readable data if it can be made available; subcontract files (including proposals of successful
and unsuccessful bidders,bid recaps,bidding instructions,bidders list,etc.);original estimates; U_
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 W
supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk
of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges '
related to this Agreement, and all other agreements, sources of information and matters that t
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 E
and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. y
Owner or County Clerk may also conduct verifications such as, but not limited to, counting ru
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employees at the job site, witnessing the distribution of payroll, verifying payroll a�
computations, overhead computations, observing vendor and supplier payments, ru
miscellaneous allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors' representatives.All records shall be kept for ten(10)years after Final Completion
of the Project. The County Clerk possesses the independent authority to conduct an audit of ,
records, assets, and activities relating to this Project. If an auditor employed by the County or U_I
Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement,or were wrongfully retained by the Contractor,the E
Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,
Florida Statutes,running from the date the monies were paid to Contractor. The Right to Audit
provisions survive the termination or expiration of this Agreement.
b) Governing Law,Venue,and Interpretation.This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative et
proceeding is instituted for the enforcement or interpretation of this Agreement, the County
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and Contractor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County,Florida. The Parties waive their rights to trial by jury.
The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding. u
c) Severability.If any term, covenant, condition or provision of this Agreement(or the application
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thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction,the remaining terms,covenants,conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition s
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent '
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this 0
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken c
provision.
d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of 0
action or administrative proceeding is initiated or defended by any parry relative to the
enforcement or interpretation of this Agreement, the prevailing parry shall be entitled toy,
reasonable attorney's fees and court costs as an award against the non-prevailing parry and
shall include attorney's fees and courts costs in appellate proceedings. U_
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives, W
successors, and assigns. cu
f) Authority. Each parry represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and .�
corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, a�
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement. Any conditions imposed as a result of the funding that affect the Project will be
provided to each party.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and
disagreements shall be attempted to be resolved by meet and confer sessions between Ui
representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as E
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. This provision does not negate or waive the provisions of paragraph (j) of this
Section 7.6 or Article 8 concerning termination or cancellation.
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i) Cooperation.In the event any administrative or legal proceeding is instituted against either parry
relating to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other parry, in all proceedings, et
hearings, processes, meetings, and other activities related to the substance of this Agreement
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or provision of the services under this Agreement. County and Contractor specifically agree
that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no u
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
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automatically terminates without any further action on the part of any parry, effective the date
of the court order. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances,as applicable,relating to nondiscrimination. These include but are not limited s
to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352),which prohibit discrimination in
employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the s
Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which 0
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, C
as amended(20 USC §794), which prohibits discrimination on the basis of handicaps; 4) The 2
Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL n
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The U
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse,
or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient U-
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale,rental or financing of housing; 9)The Americans with
Disabilities Act of 1990(42 USC§ 12101 Note),as may be amended from time to time,relating W
to nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex,religion, '
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; and 11)Any other nondiscrimination provisions in any federal or state statutes which may .�
apply to the parties to, or the subject matter of, this Agreement.
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During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 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 11,¶C, agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment u
because of race, color,religion, sex, sexual orientation,gender identity, or national origin. U-i
The Contractor will take affirmative action to ensure that applicants are employed,and that
employees are treated during employment,without regard to their race,color,religion,sex, E
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sexual orientation,gender identity,or national origin. Such action shall include,but not be 2
limited to the following: Employment, upgrading, demotion or transfer, recruitment or
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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 m
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on
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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 u
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
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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 0
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information. ;c
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4. The Contractor will send to each labor union or representative of workers with which it has v,
a collective bargaining agreement or other contract or understanding, a notice to be U
provided, advising the said labor union or workers' representative of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places,
available to employees and applicants for employment.
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5. The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor.
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, '
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or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain .�
compliance with such rules,regulations, and orders.
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7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules,regulations, or orders,this contract may be canceled, 76
terminated or suspended in whole or in part and the contractor may be declared ineligible 2
for further Government contracts or federally assisted construction contracts in accordance 6
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. ,
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8. The Contractor will include the portion of the sentence immediately preceding paragraph
(1)and the provisions of paragraphs(1)through(8)in every subcontract or purchase order E
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unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant m
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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,
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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, C
the Contractor may request the United States to enter into such litigation to protect the
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interests of the United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
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1) Code of Ethics. County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information. 0
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to n
pay any person, company, corporation, individual, or firm, other than a bona fide employee U
working solely for it, any fee, commission,percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of
the provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise U-
recover,the full amount of such fee, commission,percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor warrants that m
it has not employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 '
or any County officer or employee in violation of Section 3 of Monroe County Ordinance No.
020-1990. 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, E
or consideration paid to the former County officer or employee. y
o) Public Records Compliance. Contractor must comply with Florida public records laws, m
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 U-
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 E
enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing
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parry, 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.
m
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
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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. u
(2) Upon receipt from the County's custodian of records,provide the County with a copy
a.
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 0
duration of the contract term and following completion of the contract if the C
contractor does not transfer the records to the County. c
2
(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 U
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 E
within a reasonable time. v,
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. u
U-
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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 E
provided by law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA E
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
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RECORDS, BRIAN BRADLEY, AT PHONE# 305-292-3470,
BRADLEY-BRIAN(kMONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p)Non-Waiver of Immunity.Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
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participation of the Contractor and the County in this Agreement and the acquisition of any A
commercial liability insurance coverage,self-insurance coverage,or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability s
coverage,nor shall any contract entered into by the County be required to contain any provision '
for waiver. _
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0
q) Privileges and Immunities.All of the privileges and immunities from liability,exemptions from C
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and 2
other benefits which apply to the activity of officers, agents,or employees of any public agents 2
or employees of the County,when performing their respective functions under this Agreement
within the territorial limits of the County shall apply to the same degree and extent to the U
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.,
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties.
This Agreement is not intended to,nor shall it be construed as,relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this W
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the 2
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law. .�
s) Non-Reliance by Non-Parties.No person or entity shall be entitled to rely upon the terms, or E
any of them, of this Agreement to enforce or attempt to enforce any third-party claim or n
entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any 76
particular individual or group of individuals, entity or entities, have entitlements or benefits ;W
under this Agreement separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in this Agreement.
t) Attestations. Contractor agrees to execute such documents as the County may reasonably ¢,i
require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement,
Non-Collusion Statement, and a Drug-Free Workplace Statement. E
u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member,officer, agent or employee of Monroe County shall be W
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
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v) Execution in Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one
and the same instrument and any of the parties hereto may execute this Agreement by signing
any such counterpart.
w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend,indemnify and
a.
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury s
(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 s
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of 0
its employees, agents, contractors or other invitees during the term of this Agreement, (B) the C
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or 2
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 n
this Agreement, except to the extent the claims, actions, causes of action, litigation, U
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 equal to the dollar value of the
contract and not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. The U_
limits of liability shall be as set forth in the insurance requirements included in this Agreement.
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 W
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 E
such delay. Should any claims be asserted against the County by virtue of any deficiency or y
ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and ru
warrants that the Contractor shall hold the County harmless and shall indemnify it from all a�
losses occurring thereby and shall further defend any claim or action on the County's behalf. ru
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement. ,
FDEM Indemnification i
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 E
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 <C
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract. E
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.
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x) Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
y) Disadvantaged Business Enterprise(DBE)Policy and Obligation.It is the policy of the County u
that DBE's, as defined in 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
a.
agreement. The DBE requirements of applicable federal and state laws and regulations apply c�
to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients s
and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. '
§200.321 (as set forth below), applicable federal and state laws and regulations to ensure that
DBE's have the opportunity to compete and perform contracts.The County and Contractor and 0
subcontractors shall not discriminate on the basis of race,color,national origin,or sex in award
and performance of contracts, entered pursuant to this Agreement. 2
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS n
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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. u-
b. Affirmative steps must include: _
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses,and women's business enterprises E
are solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible,into smaller tasks or
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quantities to permit maximum participation by small and minority businesses,and
women's business enterprises;
(4) Establishing delivery schedules,where the requirement permits,which encourage
participation by small and minority businesses,and women's business enterprises; y
(5) Using the services and assistance,as appropriate,of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor,if subcontracts are to be let, to take the affirmative ;
steps listed in paragraph (1)through(5) of this section.
z) Agreements with Subcontractors.In the event that the Contractor subcontracts any or all of the
work in this project to any third parry, the Contractor specifically agrees to identify the u-
i
COUNTY as an additional insured on all insurance policies required by the County.In addition, m
the Contractor specifically agrees that all agreements or contracts of any nature with its E
subcontractors shall include the COUNTY as additional insured. m
2
aa) Independent Contractor. At all times and for all purposes under this Agreement,Contractor is F
an independent contractor and not an employee of the Board of County Commissioners of
Monroe County. No statement contained in this Agreement shall be construed so as to find E
Contractor or any of its employees, subcontractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County.
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bb) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida
Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status 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 u
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
work authorization status of all new employees hired by the subcontractor during the Contract
a.
term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ,contract with,or subcontract with an unauthorized alien. The Contractor shall comply
with and be subject to the provisions of Section 448.095, Florida Statutes. s
cc) Entire Agreement. This writing embodies the entire agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written, with 0
reference to the subject matter hereof that are not merged herein and superseded hereby. Any
amendment to this Agreement shall be in writing, approved by the Board of County c
Commissioners, and signed by both parties before it becomes effective.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform 0
to Florida Green Building Coalition standards.
Special Conditions,if any are detailed in Section 00100 of the Project Manual for this Project.
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7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States
Mail, certified,return receipt requested,postage prepaid, or by courier with proof of delivery. The
place of giving Notice shall remain the same as set forth herein until changed in writing in the
E
manner provided in this paragraph.Notice is deemed received by Contractor when hand delivered
by national courier with proof of delivery or by U.S.Mail upon verified receipt or upon the date of CD
refusal or non-acceptance of delivery. Notice shall be sent to the following persons: W
For Contractor: Ferreira Construction Southern Division Co., Inc.
Danny Garcia,Vice President
9455 Northwest 104' Street �
Medley, Florida 33178
For Owner: Director of Project Mana eg ment Assistant County Administrator,PW&E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
County Attorney �.
1111 12'Street, Suite 408
Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including <
but not limited to:
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7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes Emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program, all prime construction
contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon
Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor c-
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statute, contractors must s
be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor.In addition contractors must be
required to pay wages not less than once a week. If applicable, the County must place a current
prevailing wage determination issued by the Department of Labor in each solicitation a copy of
which is attached hereto as Exhibit"A" and made a part hereof. The decision to award a contract 2
or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY 2
must report all suspected or reported violations to the Federal awarding agency. �+
0
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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, in contracts for construction
or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply
with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of E
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 t
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 E
reported violations to the Federal awarding agency. y
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145,and the requirements of 29 C.F.R.Part 3 as maybe applicable,which are
incorporated by reference into this contract.
i
(2) 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 i
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and
subcontractor must furnish each week a statement with respect to the wages
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paid each of its employees engaged in work covered by the Copeland Anti-
Kickback Act and the Davis-Bacon Act during the preceding weekly
payroll period. The report shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the
payroll period,to a representative of a Federal or State agency in charge at
the site of the building or work.
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7.8.2 Contract Work Hours 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 s
Labor regulations(29 CFR Part 5).Under 40 U.S.C. §3702 of the Act,each CONTRACTOR 0
must compute the wages of every mechanic and laborer on the basis of a standard work week C
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or 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.
Compliance with the Contract Work Hours and Safety Standards Act.
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(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work,which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any a�
violation of the clause set forth in paragraph(b)(1) of 29 C.F.R. §5.5, the
Contractor and any subcontractor responsible therefor shall be liable for the unpaid ;W
wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a �
territory, to such District or to such territory), for liquidated Damages. Such
liquidated damages shall be computed with respect to each individual laborer or C�
mechanic,including watchmen and guards, employed in violation of the clause set a)
forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$27 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph(b)(1) of 29 C.F.R. §5.5.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such
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contract or any other Federal contract with the same prime contractor,or any other
federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph(b)(2) of 29 C.F.R. §5.5.
(4) Subcontracts. The contractor or subcontractor shall insert in any CL
subcontracts the clauses set forth in 29 C.F.R. §5.5,paragraphs (b)(1) through(4),
and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts.The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R.
§5.5,paragraphs (1) through (4)
0
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7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes
to enter into a contract with a small business firm or nonprofit organization regarding the 0
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with they
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 U_
any implementing regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. §7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as amended). CONTRACTOR agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- '
7671q), as amended, and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate
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- E
1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000.
The contractor agrees to include these requirements in each subcontract exceeding $150,000
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financed in whole or in part with Federal assistance provided by FEMA/Federal agency.The m
Contractor agrees to report each violation to the COUNTY,understands, and agrees that the
COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
7.8.5 Debarment and Suspension(Executive Orders 12549 and 12689). A contract award under a ,
"covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the Ui
government-wide exclusions in the System for Award Management (SAM) in accordance
m
with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3
C.F.R.Part 1986 Comp.,p. 189) and 12689(3 C.F.R.Part 1989 Comp.,p.235),"Debarment
and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part
3000 (Nonprocurement 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. SAM
exclusions can be accessed at www.sanz. ov.Contractor is required to verify that none of the
contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R.
§180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R.
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§180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material representation of
fact relied upon by the COUNTY. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the COUNTY the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. Bidders or Proposers agree to
a.
comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart
C while this offer is valid and throughout the period of any contract that may arise from this
offer.The Bidder or Proposer further agrees to include a provision requiring such compliance =
in its lower tier covered transactions.
"
7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award 0
C
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it e
will not and has not used Federal appropriated funds to pay any person or organization for
2
influencing or attempting to influence an officer or employee of any agency,a member of Congress, v,
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 recipient
who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000,
the certification, attached hereto as Exhibit "B" and made a part hereof, must be signed and
submitted by the Contractor to the County.
E
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. § 200.322.
m
CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended,by Cs
the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring �--
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R.
Part 247 that contain the highest percentage of recovered materials practicable, consistent with
E
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;
cu
procuring solid waste management services in a manner that maximizes energy and resource m
recovery; and establishing an affirmative procurement program for procurement of recovered 76
materials identified in the EPA guidelines. 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— m
"
1. Competitively within a timeframe providing for compliance with the contract performance i
schedule;
2. Meeting contract performance requirements; or
"
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items,is available at
EPA's Comprehensive Procurement Guidelines website,
htt s://www.e�a.�ov/smm/com�rehensive- rocurement-�uideline-c — ro rain. The Contractor
also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste
Disposal Act.
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7.8.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set
forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors
may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew
a contract to procure or obtain; or (3)Enter into a contract(or extend or renew a contract) to
procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Public Law 115-232, section 889, c-
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities).
(i)For the purpose of public safety,security of government facilities,physical security surveillance
�
of critical infrastructure, and other national security purposes, video surveillance and s
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou 0
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or 0
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an ,
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence u
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.
7.8.9 Domestic Preference for Procurements as set forth in 2 CFR §200.322 The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition,or use of goods,products,or materials produced in the United States(including but not
limited to iron, aluminum, steel, cement, and other manufactured products).These requirements of �--
this section must be included in all subawards including contracts and purchase orders for work or
products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings,occurred in the United
76
States.
m
(2) "Manufactured products"means items and construction materials composed in whole or in part C
of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass,including optical fiber; and lumber.
Other Federal and FEMA Requirements (as applicable)
i
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply
with all the requirements as imposed by the ADA,the regulations of the Federal government issued E
thereunder, and the assurance by the CONTRACTOR pursuant thereto. '
e(
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the E
Department of Homeland Security (DHS) and the Federal Emergency Management Agency's U
(FEMA) access to records, accounts, documents, information, facilities, and staff.
Contractors/Consultants must: (1) Cooperate with any compliance review or complaint
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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.
7.8.12 DHS Seal,Logo and Flags. Contractor shall not use the Department of Homeland Security seal(s),
logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA =
pre-approval. The Contractor shall include this provision in any subcontracts.
7.8.13 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 C
of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the 2
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. y
0
U
7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement
that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor
will comply will all applicable federal law, regulations, executive orders, FEMA policies, U_
procedures, and directives.
7.8.15 No Obligation by Federal Government. The Federal Government is not a parry to this contract and
is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or E
any other parry pertaining to any matter resulting from the contract. '
e(
7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to this contract. E
7.8.17 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify i
system to verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term.
u_
i
7.8.17 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the
m
Contractor will be bound by the terms and conditions of the Federally-Funded Sub-award and Grant E
Agreement between County and the Florida Division of Emergency Management(Division)found
at the following link on the Monroe County web page: https://www.inonroecounty-
fl.<Yov/fdenigrantagreenient and incorporated by reference.
7.8.18 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
e(
and required by law.
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ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions.
8.2 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) calendar days' written notification to
a.
the Contractor.
8.3 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. '
8.4 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 c
and in the manner herein provided. In the event of such termination, prior to termination, the
2
County shall provide Contractor with seventy-two (72) hours' written notice and provide the y
Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the U
Agreement will be terminated for cause. If the County terminates this Agreement with the
Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to
termination, unless the cost of completion to the County exceeds the funds remaining in the
contract;however,the County reserves the right to assert and seek an offset for damages caused by
the breach. The maximum amount due to Contractor shall not in any event exceed the spending
cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid C
under this Agreement, including the right to sue for breach of contract and including the right to E
pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et
al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for convenience,at any
time,upon thirty(30) days' written notice to Contractor. If the County terminates this Agreement
E
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.
8.6 For Contracts of any amount,if the County determines that the Contractor/Consultant has submitted =i
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 U-
i
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 E
conditions of Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been
engaged in business operations in Cuba or Syria,the County shall have the option of(1)terminating C
the Agreement after it has given the Contractor/Consultant written notice and an opportunity to
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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.
ARTICLE 9
Enumeration of Contract Documents
a.
c�
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
those found in the Request for Proposals. _
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
E
0
9.1.2 The General Conditions are the General Conditions of the Contract for Construction. C
c
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Specifications U
and Construction Drawings enumerated as follows:
0
a) Engineered drawings completed by CPH, Inc., dated 4/26/21, titled Wilkinson's Point and
Jetty Hurricane Repairs at Harry Harris Park;pages Cl, Sheet 1 of 2, Sheet 2 of 2, C2, C2.1, �,
C3, C4 (dated 8/3/21 as updated in Addendum 41), C5, C5.1, C6, &C6.1.
U-
b) Preliminary Geotechnical Engineering Report completed by Universal Engineering Sciences,
dated May 28, 2020.
9.1.4 The Addenda,if any, are as follows:
m
Number Date 4 of Pages
1 8/4/21 5 .�
2 8/16/21 4
This Agreement is entered into as of the day and year first written above and is executed in at least one (1)
original copy.
m
i
i
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY,FLORIDA
c�
By: BY:
As Deputy Clerk Mayor/Chairman
Date
E
0
CONTRACTOR'S Witnesses Attest: CONTRACTOR: FERRERIRA
Contractor must provide two witnesses CONSTRUCTION SOUTHERN DIVISION
signatures CO.,INC.
0
Signature:
Signature: Print Name:
Print Name: Title:
Date: Date:
and
M{Ct4ROE COUNTY ATTOR` EY''S ORRICE
Signature: P EDASrt M
Print Name: �a�ST � � ATTORNEY
DATE.
Date:
m
STATE OF COUNTY OF
On this day of 20 ,before me, the undersigned notary public,by means of
❑physical presence or ❑ online,personally appeared (name of affiant) �
known to me to be the person whose name is subscribed above or who produced as
identification, and acknowledged that he/she is the person who executed the above contract with Monroe
County for Harry Harris Park Wilkinson's Point and Jetty Hurricane Repairs for the purposes
therein contained.
Notary Public
Print Name m
My commission expires: (Seal)
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GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan CL
c�
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises s
Section 01027 Application for Payment '
Section 01030 Alternates
Section 01040 Project Coordination 0
Section 01045 Cutting and Patching C
Section 01050 Field Engineering
Section 01200 Project Meetings 2
Section 01301 Submittals
Section 01310 Progress Schedules U
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports '
Section 01395 Request for Information—(RFI) ii
Section 01410 Testing Laboratory Services _
Section 01421 Reference Standards and Definitions ?:
Section 01500 Temporary Facilities ai
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds -�
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data,
Section 01740 Warranties ,
U_
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EXHIBIT "A"
Department of Labor Wage Determination
a.
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0
0
2
0
u
CD
CD
CD
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"General Decision Number : FL20210022 09/10/2021
Superseded General Decision Number : FL20200022
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) .
0
Note : Under Executive Order (EO) 13658, an hourly minimum 2
wage of $10 . 95 for calendar year 2021 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 . 95 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent E
performing on the contract in calendar year 2021 . If this
contract is covered by the EO and a classification W
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 2
worker protections under the EO is available at
www . dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/01/2021
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1 01/22/2021
2 06/18/2021
3 07/09/2021
4 09/10/2021
* ELEC0349-003 09/01/2021
CL
Rates Fringes
ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72
-----------------------------------------------------------
0
ENG10487-004 07/01/2013
0
Rates Fringes 2
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 10/01/2020
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 ru
-----------------------------------------------------------
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38
i
-----------------------------------------------------------
SFFL0821-001 07/01/2021 E
Rates Fringes
SPRINKLER FITTER (Fire m
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 20 . 55
-----------------------------------------------------------
SHEE0032-003 12/01/2013
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Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
-----------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
0
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 0
U
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00
0
LABORER: Common or General . . . . . . $ 8 . 62 0 . 00
2
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 °'
i
SHEET METAL WORKER, Excludes E
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 2
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 0 . 15 E
-----------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
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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
0
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 2
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 E
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 E
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
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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 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 . 2
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
LL
Survey Rate Identifiers
Classifications listed under the " "SU" " identifier indicate E
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a W
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 E
that identifier .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
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Classifications) 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 .
0
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current 2
negotiated/CBA rate of the union locals from which the rate 2
is based.
0
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can be : E
* an existing published wage determination W
* 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, E
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 :
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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 :
0
Wage and Hour Administrator
U . S . Department of Labor 2
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 . E
3 . ) If the decision of the Administrator is not favorable, W
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
i
final .
-----------------------------------------------------------
END OF GENERAL DECISION"
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EXHIBIT "B"
Certification Regarding Lobbying
0
0
2
0
CD
CD
CD
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APPENDIX A, 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
CL
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the E
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress,an officer or employee of Congress,or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
CD
subgrants, and contracts under grants, loans, and cooperative agreements) and that all <
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering y
into this transaction imposed by section 13S2, Title 31, U.S. Code. Any person who fails 76
to file the required certification shall be subject to a civil penalty of not less than $10,000 m
and not more than $100,000 for each such failure.
i
The Contractor, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, i
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official Date
Page 35 of 37
Packet Pg. 1077
E.1.ai
DISCLOSURE OF L i EYLNG ACM, 'T` TES;
1, TF-pe of Fed,er rd r c°fioms I tatu of Federal cti om: 3. Rep-art I%-pe,
❑a.canIracc ❑ a-d'o er ,PI:icaliom ❑a..i ral
b, b, mAia'awmd mavens]cha e
Far Material ChazigeOnly:
E. loan pxuawlee aar
f loan ir,s=x' e �arj, of Luvrapan
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4. dame and Address afFaePar#amg Entity 1. IfR*,pa g Fntih i® Not .4 is uba.mardee, �
E®ter Name,a",Addrem of Prime: �
❑?t :e ❑'; amare
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CaiugTessiairra]District,if Lwm Cam remimmal District_iftnoTm
Federal Ilep art m ,mb en : ". Federal Prugum Naima,Descripda,ru:
C`FDA N¢robes,if We-�cabL-- �
9•. Federal Acdmm?dumber,if ow : P. --&ward Amoumt.,ifkn m: y
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0
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lit. a. ' amd,address of Lobby Emfiry b. hiidkwidivals Perfarmirt Services (marlu
jf n-idaai,Iasi on e,:fit .l '1„ add-ess if d.fferect from No. ]On) �
(adac,h Car-rmum ion Sheet( ifnecea�uy)
11. Amoumt of Payment(chwk. t apply) 13. 'Type of Payment(rhicL all that apply)
❑actuai ❑P, ed n a, retainer �
❑ b. one-dme fee, W
12. F r of Pay-meimt(Cherk all that epply):: C. co t siae
I I a, vast' ti. con firm, ert:
❑ b, its-kmd.m specLft: name e def�srd.
va:'�ae f Other,Olsen'
1�. brief)'�esr tiau e�f 5eeri�es Peefnrmed er to he peribrma�d end D�te�a:}of Serace,a�r.Lnd�i v'
aficer(s),,emp]o ..s),ar member()camitacted,far PaFmemt lmdirated 11:
(aliach Car-tinuatm Sheet s)iftecessary)
.
13. Caubmuat aa®Sheets)attached. 'Fes ❑ -%a ❑
16. aa=�a�,�
"116P3=U S.C.agcma.L312 rhn
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t9.. awa t fficrc 4� ar�c sre�_�taa3 Ie e-oba e No.: Doze:
Amhonzed fas Local Reptodw-nom
1=gdera,l 1-°w�&Only- S„are:ard.Fann-LLL.
2-6c PART Z°'CO NTY
Page 36 of 37
Packet Pg. 1078
E.1.ai
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered
Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget CL
for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome
of a covered Federal action. '
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, 0
previously submitted report bythis reporting entity for this covered Federal action. C
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify
the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to
subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of U
the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below ay
:m
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of
Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. _
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., 'RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. a Enter the full name,address,city,state and zip code of the lobbying entity engaged b the reporting entity identified in item 4 to
O Y p Y g h' Y � g h' e(
influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last
Name,First Name and Middle Initial(MI).
E
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity
(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is
a material change report,enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature
and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal
officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that
were contacted.
LL
15. Check whether or not a continuation sheet(s)is attached. F.
16. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
E
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Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of <
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for F.
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
E
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-
90«ENDIF» 2-6d PART 2/COUNTY
Page 37 of 37
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E.1.d
SECTION 00120
PROPOSAL FORM
The Proposal shall be submitted on the forms included in this section of the Proposal Documents as
previously instructed herein.
Item Description Pages u
1. Proposal Form 21-23
CL
2. Bid Bond(Proposal Security) 24
3. Non-Collusion Affidavit 25
4. Lobbying and Conflict of Interest Clause 26
5. Drug-Free Workplace Form 27
6. Public Entity Crime Statement 28 0
7. Vendor Certification Regarding Scrutinized Companies Lists 29
8. Subcontractor Listing Form 30
0
9. Insurance Requirements and Policy and Procedures 31-32
10. Workers Compensation and Employers' Liability 33
11. General Liability 34
12. Vehicle Liability 35
13. Proposer's Insurance and Indemnification Statement 36-37
14. Insurance Agent's Statement 38
15. Minority Owned Business Declaration 39
16. Certification Regarding Debarment, Suspension, Ineligibility, 40 E
0
And Voluntary Exclusion
17. Contractor License: 0
0
A Current Copy to be submitted with Proposal. 0.
Subcontractor Licenses to be Submitted Prior to Award of :2
Notice to Proceed.
INFORMATION REQUIRED TO BE PROVIDED ..
1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals
for contracts to be awarded under this section must contain the following information:
A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list
of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of
documentation demonstrating that the entity is a legally viable entity shall be attached.
PROPOSAL FORM 00120- Page 18 of 319
Packet Pg. 1082
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B. A list of the officers and directors of the entity.
C. Relevant Experience: The number of years the person or entity has been operating and, if
different, the number of years it has been providing the service, goods, or construction
services called for in the proposal specifications (include a list of similar projects).
D. The number of years the person or entity has operated under its present name and any
prior names.
CL
E. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details of the job, including where the
job was located and the name of the owner.) s
0
YES NO
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its officers, U
directors, or general partners (this specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general partner '
of the proposing entity has been involved as a person, principal, entity, officer,
director or general partner in the last five (5) years)? (If yes, provide details, _
include enough information about the judgment, claim, arbitration or suit so that
the Owner will able to obtain a copy of the judgment or claim or locate the suit
by location and case number.)
CD
YES NO 0 W
E
0
C. Has the person, principal of the entity, entity, or its officers, major shareholders
or directors within the last five (5) years, been a parry to any law suits or
arbitrations with regard to a contract for services, goods or construction services 0.
similar to those requested in the specifications with private or public entities?
a.
This specifically includes any present or prior entities in which the person,
principal, entity, officer, director or general partner of the proposing entity has
been involved as a person, principal, entity, officer, director or general partner in
the last five (5) years. (If yes, provide details, include enough information about '
the judgment, claim, arbitration or suit so that the Owner will able to obtain a U-
copy of the judgment or claim or locate the suit by location and case number.)
m
YES NO
d. Has the person, principal of the entity, or its officers, owners, partners, major
shareholders or directors, ever,initiated litigation against Monroe County or been
sued by Monroe County in connection with a contract to provide services, goods
or construction services? This specifically includes any present or prior entities in
PROPOSAL FORM 00120- Page 19 of 319
Packet Pg. 1083
E.1.d
which the person, principal, entity, officer, director or general partner of the
proposing entity has been involved as a person, principal, entity, officer, director
or general partner. (If yes, provide details, include enough information about the
Judgment, claim, arbitration or suit so that the Owner will able to obtain a copy
of the judgment or claim or locate the suit by location and case number.)
YES NO
e. Whether, within the last five (5) years, the Owner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity that
failed to perform services or furnish goods similar to those sought in the request
for bids. (If yes, provide details and information about the failure to perform
services or furnish goods that will enable the Owner to thoroughly consider the =
0
matter.)
0
YES NO
2
0
f. Customer references (minimum of three), including name, current address and
current telephone number. Credit References (minimum of three), including
name, current address and current telephone number.
g. Financial statements for the prior three (3) years. Please provide in a separate
email for the Contractor's confidentiality, and clearly label the email as
"CONFIDENTIAL"one (1) original copy.
("Any financial statement that an agency requires a prospective bidder to submit E
in order to prequalify for bidding or for responding to a bid for a road or any
other public works project is exempt from F.S. 119.07(1) and s.24(a), Art. 1 of
the State Constitution.") However, any financial information the Contractor E
includes in the proposal packet, which is not marked as "Confidential", may be
disclosed in any public records request and will not be treated as "Confidential."
The County shall incur no liability for inadvertent disclosure of financial records
that are not properly marked. 0.
0
CL
PROPOSAL FORM 00120- Page 20 of 319
Packet Pg. 1084
E.1.d
SECTION 00120
PROPOSAL FORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213 a,
KEY WEST,FLORIDA 33040
CL
PROPOSAL FROM: FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. Ln
9455 NW 104TH ST MEDLEY, FL 33178
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, 0
and Addenda thereto and other Contract Documents for the construction of: o
HARRY HARRIS PARK WILKINSON'S PT. & BEACH
JETTY HURRICANE 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 U_
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 successful proposer shall assume the risk of
any and all costs and delays arising from the existence of any subsurface or other latent physical condition c
which could be reasonably anticipated by reference to documentary information provided and made
available, and from inspection and examination of the site.
0
The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency CL
between the two,the Proposal in words shall control. :2
Four Hundred Forty-Eight Thousand Four Hundred
Dollars.
(Total Base Proposal-words)
m
$448,400.00
(Total Base Proposal—numbers)
PROPOSAL FORM 00120- Page 21 of 319
Packet Pg. 1085
E.1.d
MONROE COUNTY RFP-832-0-2021/la
HARRY HARRIS PARK WILKINSON'S POINT AND BEACH JETTY HURRICANE REPAIRS
BID SCHEDULE
Item# Item F&I Unit Unit Cost uanti Total Cost
1 Mobilization LS 40,000.00 1 $ 40,000.00
2 Demobilization LS 5,000.00 1 $ 5,000.00
3 Bond LS 15,000.00 1 $ 15,000.00
4 Stormwater Pollution Prevention LS 45,000.00 1 $ 45,000.00
5 Demolition LS 50,000.00 1 $ 50,000.00 EL
6 Limestone - Armor Stone Ton 125.00 1,000 $ 125,000.00
7 Limestone -Bedding Stone Ton 80.00 750 $ 60,000.00
8 Asphalt Pavement SF 5.00 16 500 $ 82,500.00
9 Filter Fabric Sy 5.00 1,440 $ 7,200.00
10 Chain Link Fence LF 110.00 170 $ 18,700.00 0
BID PRICE TOTAL OF ALL ESTIMATED PRICES $ 448,400.00 0
0
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2
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0
0.
0
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Packet Pg. 1086
E.1.d
I acknowledge Alternates as follows: N/A
Unit prices,if any, are as follows:N/A
I acknowledge receipt of Addenda No.(s)
No. 1 Dated 8-04-2021
CL
No.2 Dated 8-16-2021 y
No. Dated
No. Dated
0
0
E
0
0
0.
0
CL
PROPOSAL FORM 00120- Page 22 of 319
Packet Pg. 1087
E.1.d
Proposer,states by his/her check mark in the blank beside the form and by his/her signature that he/she
has provided the following requirements(located in Section 00120):
1. Proposal Form
2. Proposal Security(Bid Bond)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Public Entity Crime Statement
7. Vender Certification Regarding Scrutinized Companies Lists
8. Subcontractor List Form
9. Proposer's Insurance and Indemnification Statement
10. Insurance Agents Statement(signed by agent)
11. Answered Required Questions �+
0
12. Provided three(3)Customer References and three(3)Credit References
13. Provided three(3)years of Financial Statements in separate email marked"CONFIDENTIAL" ,
14. Certified copy of Valid Florida Contractor's License
. ..-..._---
15. Current Monroe County Occupational License YJ
16. Minority Owned Business Declaration
17. Certification Regarding Debarment, Suspension,Ineligibility,and Voluntary Exclusion
Business N/A
Name: FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC. DBA:
BuE N# 22-3334957
Business 9455 1-04T ST Mailing 9455 N 104T T Ch
Address: Address:
City,state0.
Zip, City,State
MEDLEY, FL 33178 � ''°M' DLEY, FL 3317
Phone: 305-805-6900 Local'
Phone: 305-805-6900
The physical business address must bars s r lit YfIC palace of t.vsIness with the Florida Department of u
State for at least one(1)year prior To the riotice a,"t u or I 'd for ".1 sal. U'
8/23/2021 A y
Date: s igried: m
Printed:
DA `GACIA
Title: VICE PRESIDENT
Witness: YANIRA RAMOS FERRO �
x - -
PROPOSAL FORM 00120-Page 23 of 319
Packet Pg. 1088
E.1.d
BID(PROPOSAL)BOND
KNOW ALL MEN BY THESE PRESENTS,that we Ferreira Construction Southern Division Co., Inc.
9455 NW 104th Street,Medley, FL 33178 (Here insert name and address or legal title of Contractor)
as Principal,hereinafter called the Principal,and Berkshire Hathaway Specialty Insurance Company
1314 Douglas Street,Suite 1400, Omaha, NE 68102(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of Nebraskaas Surety,hereinafter called the Surety, CL
are held and firmly bound unto Monroe County Board of County Commissioners, 1100 Simonton Street, Room 2-213,
Key West, FL 33040
(Here insert full name and address or legal title of Owner)
Five Percent of the Amount Bid as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ 5 o�0 for
the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by r-
these presents. 2
WHEREAS,the Principal has submitted a bid for Harry Harris Park Wilkinson's Point&Beach Jetty Hurricane 2
Repairs, Monroe County, Florida (Here insert full name,address and description of project) c
CJ
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in
the bidding or Contract Documents with good and sufficient surety for the faithful performance of such
Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another�ar< to E
perform the Work covered by said bid, then this obligation shall be null and void, otherwise
full force and effect. Any action instituted by a claimant under this bond musty. in 6ccord�riceQ h the
notice and time limitations provisions in Section 255.05(2),Florida Statutes. 'W : r� a v
August 26,2021 f 0o
o _
Ferreira Construction Southern Diis, n(Principal 1A
,
_...
v
f
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(Witness) _
(Title) °
W4• Berkshire Hathaway Specialty Insurance Company
R ........ - ,
(Surety) (Seal) u
i Hess .�stal L.Stravato `�c;'� d�Sb e ' C
ry _ r � l
(Title) Marisol Motica,Afton y-in-Fact ? �'o E
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_y b�
•11'IPlif 11111 to ttttt
PROPOSAL FORM 00120-Page 24 of 319
Packet Pg. 1089
E.1.d
ACKNOWLEDGEMENT OF CONTRACTOR- IF A CORPORATION
STATE OF Yi ` L
COUNTY OF
ON THE 26th DAY OF August, 2021 BEFORE ME PERSONALLY APPEAREDCA
TO BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE
OF Ferreira Construction Southern Division Co.. Inc. THE CORPORATION THAT CL
EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION
EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAS 4i-MY' '
OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. �'•°rt-y �L r ° °
Notary Public ' '',,d�' ••�4�
' S c
Notary PuNc State of RMda
Yanira Ramos Ferro
HH 07294sEpCe -om 024 ACKNOWLEDGEMENT OF SURETY COMPANY
STATE OF New Jersey
COUNTY OF Morns E
ON THE 26th DAY OF August, 2021 BEFORE ME PERSONALLY APPEARED Marisol Moica TO ME KNOWN,
0
WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF
Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING
INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. 0.
CL
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, r,r
OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE.
�• E
:0 . •,� e
! L L rp\
Notary Public ��®N
...
8ln.k Draylm
Notary Public
State of New Jersey
Myconwdssion expires April 9,2026
Packet Pg. 1090
E.1.d,
2269
Berkshire Hathaway
kl� Specialty Insurance
N. ,a
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY
NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY ;I
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Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under y
And by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts H
02111,NATIONAL INDEMNITY COMPANY,a corporation existing under and by virtue of the laws of the State of Nebraska and having an °
office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE_COMPANY a corporation existing
under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut
06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted as set forth herein,do hereby name, ® wX
constitute and appoint:Marisol Moyiea,Kevin T..Walsh,Jr.,Thomas MacDonald,Krystal L,Stravato,100 South Jefferson Road,Suite L°
101, of the city of Whippany.State of New Jersey,their true and lawful attorney(s)-in-fact to make,execute,seal, acknowledge,and w tts
deliver, for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory w
CL
in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the Companies as if it has been S N
duly signed and executed by their regularly elected officers in their own proper persons.This authority for the Attorney-in-Fact shall ! �g
be limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof.
i
In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of '
the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to C tts
and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY to
s
INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in i, 1. 0
full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an
authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of � 0
such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on
any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. o {
BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, O
INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 0
4
By: - By: m a
David Fields,Executive Vice President David Fields,Vice President
SURETY 2+rSU c SURETY
SEAL A+ ItQ' SEAL ja SEAL
tiFenAss' d' r6®�-0HA �s�r2f ,1hNEcz`J 3�
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NOTARY °
State of Massachusetts,County of Suffolk,ss: „ 'B p
On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY L-
INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, .4 O
who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the
0 LL
Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of °� N
directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed I O
said instrument in that capacity of said Companies. C
[Notary Seal] - (, « CL
s
0 GEOFFERY A.DELISIO B -
Notary Public B
Commonwealth of Massachusetts My Comm.Expires November 29,2024 Notary Public
m r.g
I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY __--
COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct -
copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY ;;
WHEREOF, see hereunto affixed the seals of said Companies this August 26,2021. C:
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BHSIC,NICO&NLF POA(2018)
Packet Pg. 1091
E.1.d
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS)
ARTICLE V.
CORPORATE ACTIONS
EXECUTION OF DOCUMENTS:
Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority:
(1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and
(2) To remove at any time any such Attorney-in-fact and revoke the authority given him.
NATIONAL,.INDEMNITY.COMPANY(BY-LAWS) CL
Section 4_Officers,Agents,and_E nployees
A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer,
and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall
be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor
has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without
cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties
and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of
Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents
and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation.
0
CJ
NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014)
RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys-
in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time
any such Attorney-in-fact and revoke the authority given.
NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BY-LAWS)
ARTICLE IV
Officers E
0
Section 11.1 Offieers,.Agents and Em;alpygps;
A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more
assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or
directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office CL
of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office
at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different
individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall
have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office
or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to
time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the
affairs and business of the Corporation.
NATIONAL LIABILITY&,FIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014)
t8
RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys-
in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time
any such Attorney-in-fact and revoke the authority given.
BHSIC,NICO&NLF POA(2018)
Packet Pg. 1092
E.1.d
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BERKSHIRE HATHAWAY SPECIALTY
INSURANCE COM PANY
1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944
2
ADMITTED ASSETS* y
u u 7 F' {20 "s,?"„iitdyff 139 II r 51I( Ilab,
Total invested assets �. " 88 i,1 r sue, , ;w
Premium&agent balances(n x 6 ss a 8t),1 30 k.,
All other assets 157,897,676 127,524,677 140,930,406
Admitted Assets 74 1 ;_ w ,f, i r,
LIABILITIES & SURPLUS*
12131/2020 12/31/2019 12/31/2018
Loss&loss exp.unpaid S 91211,923948 $ t"3 s a W15,558 $ 46 03,2,23, �
Unearned premiums 372,836 0 3 1 4,117,540
All other liabilities 1,054,922.210 744,738,458 570 628,148
Total Liabilities 2349568 318 `� W
' x
Total Policyholders'Surplus 388 0.4 452_ 3 9'74,192,4631
Total Liabilities&Surplus $ 6,236,753,770 $ 5,667,794 028 $ 4,755,964,739
Assets,liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC (n
0
and/or the laws of the company's domiciliary state. 0.
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SECTION 00120
NON-COLLUSION AFFIDAVIT
I Danny Garcia of the city Miami Dade
according to law on my oath,and under penalty of perjury,depose and say that:
1. Ian, Vice President
of the firm ofFERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. CL
....... �.
the proposer making the Proposal for the project described in the notice for calling for proposals
for:
ns
and that I executed the said proposal with full authority to do so;
0
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
2
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 Uo
prior to proposal opening,directly or indirectly,to any other proposer or to any competitor; and
4. No attempt has been made or \ ill be •1i"ade by the proposer to induce any other person, a,
partnership or corporation �o subsii t, 9t nc to submit, a proposal for the purpose of restricting
competition;and
5. Th� atements cq-44-in d 1g t i i i a,61daval are true and correct, and made with full knowledge of
said projt
' W 8/23/2021
(Signature flroser) (Date)
E
0
STATE OF: Florida
0.
COUNTY OF: Miami Dade
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Subscribed and sworn to(or affirmed)before me,by means of physical presence or❑ online :2
notarization,on 8/23/2021 (date)
by Y Dann Garcia
(name of affiant). He/She is personally known to me
or has produced Personally Known (type of identification)as identification.
a�
_
Notary Public State of Flonda W!=d, . NOTARY PUBLIC ,T w
Yanira Ramos Ferro
r r Ex Commission HH 072945 �`�,7 ®. . . •.,� r,'-vN `� 12/16/2024
exp+res t2/te/ AL) ? • r,(}7�kr My commission ex�ires:
My Comm.E)fpi'af;
12f1612Q2,
e
NO.HHG'/ _
PROPOSAL FORM "; ��; ®f•.t �` 00120-Page 25 of 319
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Packet Pg. 1094
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
CL
,,FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. ,, T
(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 amoiin�_, any ai`cF6,' ommission,
percentage,gift,or consideration paid to the former County officer or em oye "`,`
U_
(Signature)
m.. ._._.
Date. 8/23/2021
STATE OF.
FLORIDA
L.
COUNTY OF: MIAMI-DADE
ru
Subscribed and sworn to(or affirmed)before me,by means of physical presence or El online 0
notarization, on /23/ 021 (date)
by DAM NY ARC IA (name of affiant). He/She is personally known to me cts
�.�
PERSONALLY KNOWN
or has produced— e._ p (type of ide),j ication)as identification. u
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Notary Public State of Florida NOTARY P l f LIC E
Yanira Ramos Ferro
My Commies ww 072945 12/16/2024
v Expires 12/16(OBAL) t�•� I,Kft, S j;, My commis5'ton expires: ¢
NF;.�OYA R, _ v .
y.
.•My Catnm.Exit.,
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PROPOSAL FORM � 00120-Page 26 of 319
01
'rrrrtdaaee�'�
Packet Pg. 1095
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC.
................ ....... �..�.. w...u.., �.,u
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, W
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.
CL
2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining T)
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).
0
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the
0
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 2
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 conN.:icted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through,'nplementatiop of this U_
section. =
As the person authorized to sign the statement,I certify that than o� rrrSI� t�ll�`w th thel�ouiremet
Prolo 1 6re 4
8/23/2021
_.. E
Date
STATE OF:FLORIDA vY W wYV y
0
0.
COUNTY OF:MIAMI-WDADE
CL
Subscribed and sworn to(or affirmed)before me,by means of A physical presence or❑online notarization,on
8/23/2021 (date)by DANNY GARCIA (name of affiant). He/She is personally
p PERONALLY KNOWN (type )
known to me or has produced a of identific ti��n as identification.
_ ..._
*� Notary Public State of Ftonda NOTARY PUB � `
• Yenira Ramos Fe q w t t t t r r r 1 , 12/16/2024
My Commission HH Q ) you` ZA,M r} 'My commission expires:
Expires 12/1612024 P
���,• NOTA,,j;.F.
12116i2024
PROPOSAL FORM A 00120-Page 27 of 319
J ,
Packet Pg. 1096
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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
CL
public entity, and may not transact jmidness with any public entity in excess of the threshold amount v_,
provided in Section 287.017, Floy is Statutes, for CATEGORY TWO for a period of 36 months from the
date of being placed on the cols icted vendor list."
a �
tEFOREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC.
I have read the above and stye that eitha m _.m _ (Proposer's
name)nor any Affix atQ;..,1 as ec'a cep on 06 convicted vendor list within the last thirty-six(36)months.
(Signal
Date: 8/2�/2021
STATE OF: FLORIDA =
COUNTY OF: M CAM I-DADE
0)
Subscribed and sworn to(or affirmed)before me,by means of - physical presence or❑ online 2
notarization,on8/23/2021 (date)
DANNY GARCIA
by ......... (name of affiant). He/She is personally known to me
PERSONALLY KNOWN N
or has produced_ (type of identification�rratq`identification. 0.
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NOTARY PUBLIC 'r
12/16/2024
(SEAL) My commission expir M
t®1,51111PPPP t
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., fi® a, n P� �� C (J
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� Notary Public State of Florida
Yanira Ramos Ferro
.v t Cs My Comm' HH 072945
� Expires 12116/2024
fP�flt J1,lie�`®`�`
PROPOSAL FORM 00120-Page 28 of 319
Packet Pg. 1097
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):HARRY HARRIS PARK WILKINSON'S POINT&BEACH JETTY HURRICANE REPAIRS
------------------ ——-------—--
Respondent Vendor Name: FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC.
VendorFEIN: 22-3334957
I- -------------------------------
Vendor's Authorized Representative Name and Title: DANNY GARCIA-VICE PRESIDENT
............. ................—
Address: 9455 NW 104TH ST CL
City: _MEDLEY State: FLORIDA Zip: ,33178
...........-
Phone Number 305-805-6900 Email Address: DGARCIA@FERREIRACONSTRUCTION.COM
—------------
Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or 0
renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on r-
.2
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, 2
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that
are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities 0
in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged
in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the
U-
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.
E
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 E
0
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran U-
Petroleum Energy Sector List or been engaged in bu iniss"op'Lrations in Cuba or Syria. 76
0
0
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Certified By DANNY GARCIA
. .......... who is authorized to sign on
41
behalf of the above- rq�u� -A� tnTffln)
7'Win)
Authorized Signature:-,,
............
R
............
Print Name:DANNY GA CI 611
U-
Title:VICE PRESIDENT
------------------------ .......................................
E
Note:The List are available at the following Department of Management Services Site:
hasir ((5is
...........................................................as ...................
PROPOSAL FORM 00120-Page 29 of 319
1 Packet Pg. 1098
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SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
Asphalt - C&H Asphalt & Paving, Inc. Carlos Parodi 305-796-9703 10111 SW 80 ST Miami, FL 33173
0
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PROPOSAL FORM 00120- Page 30 of 319
Packet Pg. 1099
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SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for ,
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract(including the pre-staging of personnel and
material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached
schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained
will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor
may require all Subcontractors to obtain insurance consistent with the attached schedules.
0
The Contractor will not be permitted to commence work governed by this contract (including pre-staging o
of personnel and material) until satisfactory evidence of the required insurance has been furnished to the
2
County as specified below. Delays in the commencement of work, resulting from the failure of the y
Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified C
in this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the Contractor to maintain the required insurance
shall not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance. `✓
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies. U-
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: 0.
0
L.
CL
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified complete copy of any or all insurance
policies with all endorsements, amendments, exclusions and notice of changes to the policy as required by
this contract.
E
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the C
County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 31 of 319
Packet Pg. 1100
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The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering
County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the County
prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe
County Risk Management.
CL
Ln
0
2
0
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0
76
0
0.
0
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 32 of 319
Packet Pg. 1101
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
HARRY HARRIS PARK
WILKINSON'S POINT & BEACH JETTY HURRICANE REPAIRS
BETWEEN
MONROE COUNTY,FLORIDA ,
AND
FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC. N
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes and the
requirements of Florida Statutes, Chapter 440. 0
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease,policy limits �0
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the state of
Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, E
the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program. W
E
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In -
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County. 0
0
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CIO
INSURANCE REQUIREMENTS AND FORMS 00130- Page 33 of 319
Packet Pg. 1102
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
HARRY HARRIS PARK
WILKINSON'S POINT & BEACH JETTY HURRICANE REPAIRS
BETWEEN
MONROE COUNTY,FLORIDA ,
AND
FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC. N
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a 0
minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability U
• Personal Injury Liability
The minimum limits acceptable shall be: -
$1,000,000 Combined Single Limit
m
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the E
period for which claims may be reported should extend for a minimum of twelve (12) months following
the acceptance of work by the County. U-
The Monroe County Board of County Commissioners shall be named as Additional Insured on all 0
policies issued to satisfy the above requirements.
CL
INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 319
Packet Pg. 1103
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BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
HARRY HARRIS PARK
WILKINSON'S POINT & BEACH JETTY HURRICANE REPAIRS
BETWEEN
MONROE COUNTY,FLORIDA ,
AND
FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC. N
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained 0
throughout the life of the contract and include, as a minimum, liability coverage for: C
0
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
U
$300,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable shall be: u
U_
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
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0.
0
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 319
Packet Pg. 1104
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PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits u
$1,000,000 Bodily Injury by Disease,
each employee
CL
General Liability,including $1,000,000 Combined Single Limit
Premises Operations =
Products and Completed Operations
Blanket Contractual Liability s
Personal Injury Liability 0
Business Automobile Liability $300,000 Combined Single Limit
(Owned,non-owned, and hired vehicles)
If split limits are preferred: c
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued
by an A rated surety company doing business in the State of Florida. The Contractor shall provide a
certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. E
255.05.
76
Hold Harmless, Indemnification, and Defense.Notwithstanding any minimum insurance requirements 0.
prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and 0
a.
the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, -a
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other @
relatin to an type of in a (including death loss damage, fine penalty or business
proceedings g y Yp 1 n' ( g )> g > > p Y
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified parry by reason of, or in connection with, (A) any activity of Contractor or ii
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 m
Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in E
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 Fla. Stat. Sec. 725.06. Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 319
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term of this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project(to include the work of others) is delayed or suspended as a
result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or
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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
2
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency,the y
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 E
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.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will com Lv--iii full with all E
of the requirements herein. I fully accept the indemnification and hold harmless anc3,=tity todefend 4s--s�et
out in this proposal.
0
FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC. CL
PROPOSER �^ Signature
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INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following deductibles apply
to the corresponding policy.
POLICY DEDUCTIBLES u
General Liability $250,000 CL
Automobile $250,000
Workers Compensation $100,000
2
Liability policies are X Occurrence Claims Made
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Conner Strong &Buckelew GCN.ttr'� Ce��
Insurance Agency Si ature
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 319
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FERREZRA
CREDIT APPLICATION
Business Name: Ferreira Construction Co., Inc.
Corporate Address: 31 Tannery Road
City, State, Zip: Branchburg, NJ 08876
Telephone: 908-534-8655
Fax: 908-534-8656
Tax ID No.: 22-3334957
Owner: Nelson Ferreira, President/CEO
Type of Business: Heavy Highway Construction
Years in Business: Est. 1988 c.
T)
Web Address: www.ferreiraconstruction.coiyi
Bank Reference: Sterling National Bank- Acct. No 6700895498
Address: 61 South Paramus Road, Suite 116, Paramus NJ 07652 0
Telephone: 201-465-8162
Fax: 201-254-9710
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PRINCIPAL TRADE REFERENCES
Name: Taylor Oil Co., Inc. Name: Ferguson Waterworks ,
Address: 77 Second Street Address: 25 Whissell Drive
Somerville,NJ 08876 Coatesville, PA 19320
Contact: Paul Kurzawa Contact: Bert Carilla
Telephone: 908-725-7737 Telephone: 610-466-6030 E
Fax: 908-725-0508 Fax: 610-340-2486
E-Mail: Bert.Carilla@Ferguson.com
Name: Tanis Concrete, Inc.
Address: 17-68 River Road E
0
Fairlawn, NJ 07410
Contact: Jesus Martinez n
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Telephone: 201-796-1556 0
Fax: 201-796-5553 CL
E-Mail: JMartinez@TanisConcrete.com -2
**JOB OR ASSET NUMBERS ARE REQUIRED ON ALL INVOICES"
Invoices should be sent to: a rz,ferreiraconstruction.coiyi
Or 31 Tannery Road E
Branchburg, NJ 08876
A/P Contact: Cindy Colabelli cdoid ( ferreiracor structiori.coni
Treasurer: Lou Pacheco corn
1 Tannery Road, one® ( - Fax: ( 534-8656
erreiraconrucion. o
An Equal Opportunity Employer Packet Pg. 1108
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Minorill Owned Business Declaration
C&H ASPHALT & PAVING, INC.
____. . ...........F.,a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project CL
T)
(Check one)
X is a minority business enterprise,as defined in Section 288.703,Florida Statutes
or
is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. 0
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 2
5 1-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 whiol.has a Small B tjgiliins Administration 8(a)certification.As applicable to
sole proprietorships,the$5 million ije wore requiremelii'shall include both personal and business investments.
C rftfddto•may refer ro-LS.A8.70 for 0iore VibrmaOon.
Contractor ` Sub-Recipient: Monroe County
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Signature Signature
DA1 NY GARCIA J
Print Name Printed Name:_
Title:VICE PRESIDENT �MMN Title/OMB Department:
Verified via:
Address:9455 NW 104TH ST DEM Contract: z0002
City/State/Zip MEDLEY FL 33178
8/23/2021
Date M......M... .M...M......_ FEMA Project Number: --
INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 319
Packet Pg. 1110
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Is certifted underthe provisionsof
2,87 and 2995.187,Florida Statutes,for a periodfrom: �
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MANAGEM131 FL$ —
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MANAGEMENT
SERVICES
Offic,e of Supplier Dwer,'Ay
C & H ASPHALT & PAVING, INC.
Active �
0
Profile Commodity Codes
2
Name: v,
C & H ASPHALT & PAVING, INC.
Shortname: E
Business Designation:
corporation
Contact:
Carlos Parodi
Address:
10111 SW 80 ST
Miami, FL 33173
County: E
Miami-Dade
Phone: 76
305-796-9703
0.
Fax:
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Email:
cp@chasphalt.com
Designations
HISPANIC AMERICAN:
January 27, 2020 - January 27, 2022
Packet Pg. 1112
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Certification Regarding
Debarment, Suspension,Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
FERREIRA CONSTRUCTION SOUTHERN CM5101
(1) The prospective contractor of the Recipient, ,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 CL
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:
FF REIRA td�a3TRUCTI�"2T UT+Iy'3-:N DIVISION C'�,, wjc. 0
Contactoz—'
Signature s Recipient's Name __._.......... U
DANNY GCIA VICE-PRESIDENT
Name and Title
Division Contract Number
9455 NW 104TH ST =
Street Address FEMA Project Number
MEDLEY, FL 33178 E
City,State,Zip
Date 8/23/2021 E
0
0
0.
0
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End of Section 00130
INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 319
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SUBSTITUTION FORM
TO: Project Management
N/A
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PH: FAX: rn
---
We hereby submit for your consideration the following product instead of the specified item for the above project:
Drawing No. Drawing Name I Spec Sec. Spec Name Paragraph Specified Item
Proposed Substitution:
0
Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its
proper installation.
Submit with request necessary samples and substanikadtig data tq!pfx4,v ;equ l quality and performance to that which is specified. u
Clearly mark manufacturer's literature t �lacat� equality in pei�6 rmance.
The undersigned certiTles' 1 e� unci1pn "A,`appeyin)c� quality ,ire of equal performance and assumes liability for equal �
performance,equal design and V patil+ility[v,�h
,F Submitted By:
� VICE PRESIDENT E
, �`�..,•. �, ___ . __._. �
Signature Title
FERREIRA CONVUCTION SOUTHERN DIVI&DN CO.,INC.
Firm
9455 NW 104TH ST
...............- ------.,-----------., - --.... ..
Address 0
MEDLEY,FL 33178
City/State/Zip Code y
305-805-6900 8-23-2021
_................. .......-,.,...........-..,V.........,....... 0.
Telephone Date
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Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure to provide legally binding
signature will result in retraction of approval.
For use by Project Management: Approved Approved as noted Not Approved
Received too late Insufficient data received E
By Date
PRE-PROPOSAL SUBSTITUTIONS 00140-Page 44 of 319
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Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes NSA No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design,including engineering and detailing
costs, caused by the requested substitution?
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Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
0
D. What effect does substitution have on construction schedule?
0
E. Manufacturer's warranties of the proposed and specified items are:
_Same Different. Explain:
F. Reason for Request:
E
0
G. Itemized comparison of specified item(s)with the proposed substitution; list significant
variations:
0
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H. Designation of maintenance services and sources: (Attach additional sheets if required.) ,
U_
End of Section 00140
PRE-PROPOSAL SUBSTITUTIONS 00140- Page 45 of 319
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