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Item U06 U.6 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: U.6 Agenda Item Summary #12128 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger(305) 570-9156 N/A AGENDA ITEM WORDING: Approval to terminate Agreement with Tropical Island Builders, LLC for the Veteran's Memorial Park ADA Pavilion and Tiki Huts project for convenience. ITEM BACKGROUND: The Veterans Memorial Park pavilion and tiki huts were damaged during Hurricane Irma. A Request for Proposals (RFP) for the replacement of the pavilion and tiki huts was issued in March 2022. An Agreement with Tropical Island Builders, LLC for the repairs was executed on May 18, 2022. The project was delayed after award of the contract. Issuance of the building permit required engineered shelter plans. Required changes to these engineered plans thus delayed permit issuance and the start of construction. While awaiting construction to begin, the County was hit by Hurricane Ian in September 2022 which caused additional erosion of the beach. This erosion required that the tiki but locations be moved further away from the new high-water line. Guidance was sought on how to proceed, which further delayed the project. Once successful installation of the 4 tiki huts was completed, installation of the pavilion structure encountered some unforeseen issues. No geotechnical report was completed, and it was assumed that cap rock would be found approximately 2ft underground. Upon drilling the first auger pile, rock was not hit until 7ft underground. This difference in foundation depth and sandy soil conditions requires a re-design of the pavilion foundation and alternative construction methods that would increase construction costs. Due to these delays and the need for re-design, staff would like to terminate the Agreement with Tropical Island Builders and find a new contractor to finish the small amount of remaining work once the re-design is complete. The Agreement with Tropical Island Builders provides that the contract can be terminated for convenience by giving the other party thirty (30) days' written notice of its intention to do so. Staff is requesting approval to terminate the Agreement. PREVIOUS RELEVANT BOCC ACTION: 5/18/22—BOCC approved Agreement w/ Tropical Island Builders for Veterans Memorial Park ADA Pavilion & Tiki Huts Replacement Packet Pg. 2933 U.6 CONTRACT/AGREEMENT CHANGES: Termination of Agreement STAFF RECOMMENDATION: Approval of Termination DOCUMENTATION: Letter to Trop Island—Cancel Contract_signed Agreement Tropical Island Bldrs—EXEC-5.18.22 FINANCIAL IMPACT: Effective Date: June 16, 2023 (effective termination date) Expiration Date: N/A Total Dollar Value of Contract: approx. $133,000 (cost incurred prior to termination) Total Cost to County: TBD Current Year Portion: TBD Budgeted: Yes Source of Funds: 123-0459110—Hurricane Irma 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: Yes — 5% County, 5% State, 90% FEMA Insurance Required: N/A Additional Details: N/A REVIEWED BY: Cary Knight Completed 05/09/2023 10:20 AM Kevin Wilson Completed 05/09/2023 11:53 AM Joseph DiNovo Completed 05/09/2023 1:12 PM Purchasing Completed 05/09/2023 2:40 PM Budget and Finance Completed 05/09/2023 3:04 PM Brian Bradley Skipped 05/09/2023 3:05 PM Lindsey Ballard Completed 05/09/2023 3:18 PM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 2934 U.6.a BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Craig Cates,District 1 w �'� Mayor Pro Tem Holly Merrill Raschein,District 5 s The Florida Keys !�1 � Michelle Lincoln,District 2 � James K.Scholl,District 3 David Rice,District 4 0 CL CL Monroe County JA Project Management Department 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 (305)292-4427 4- c� May 17, 2023 0 Tropical Island Builders, LLC ) Doug Sposito 85 Industrial Road Unit 1 Big Pine Key, Florida 33043 Re: Agreement for the Veterans Memorial Park ADA Pavilion and Tiki Hut Replacement Project dated May 18, 2022 2 CL 0 Mr. Sposito, - In accordance with Article 8, Paragraph 8.5 of the above referenced agreement, the County hereby serves thirty (30) days written notice of its termination of the agreement between Monroe County and Tropical Island Builders, E LLC effective June 16, 2023. Sincerely, Cary Knight Digitally 0 3.05.0ned 1 Cary Knight Date:2023.05.09 10:08:40 � Cary Knight Director of Project Management t0 c� Cc: Roman Gastesi, County Administrator L) Kevin Wilson,Asst. County Administrator Bob Shillinger, County Attorney CL 0 0 c� Packet Pg. 2935 U.6.b Agreement n� CL Between Owner and Contractor CL Where the basis of payment is a STIPULATED SUM AGREEMENT c� Made as of the 18t" Day of May 2022 0 U U) BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Tropical Island Builders, LLC A 85 Industrial Road Unit 1 0. Big Pine Key, Florida 33043 0- 4- 0 For the following Project: VETERANS MEMORIAL PARK ADA PAVILION AND TIKI HUT REPLACMENT E CN Scope of the Work00 �! 17 This project involves demolition and replacement of the existing covered pavilion, access LO sidewalk and four (4) tiki huts. The new pavilion shall be ADA compliant with a "Boston W Hip Roof Design" along with a new ADA compliant access sidewalk. Contractor shall review and follow drawings and specifications produced by Wood Environment & Infrastructure Solutions, Inc. 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 76 package. The Contractor shall furnish all labor, supervision, materials, power, tools, 0. equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. The Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. 0 The Contractor shall acquire and pay for all necessary permits as part of the bid. There are two (2) separate Monroe County Building Department permits associated with this project: 1) Site work (sidewalk) permit number 21200263 2) Pavilion & Tiki Huts permit number 21200262. E c� Page 1 of 35 Packet Pg. 2936 U.6.b 06 ARTICLE 1 C The Contract Documents E 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 A insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated 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. 0 U ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A A ARTICLE 3 0, Date of Commencement and Substantial Completion 4- 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. 2 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Eighty (180) 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 N listed in the milestone schedule. 00 LO Liquidated damages will be based on the Substantial Completion Date for all work, U� modified by all approved extensions in time as set forth by the Director of Project W Management's signature of approval on the Certificate of Substantial Completion. The Wi liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day 76 $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day 0. $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day i 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 E directly by an event beyond such Party's control, without such Party's fault or negligence and that Page 2 of 35 Packet Pg. 2937 U.6.b 06 by its nature could not have been foreseen by such Party or, if it could have been foreseen, was a unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or g other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic 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 JA governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably 0 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 minimized and o 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. ARTICLE 4 Contract Sum A 2 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of 0 the Contract the Contract Sum of One Hundred Thirty Thousand Seven Hundred Fifty and 00/100 Dollars ($130,750.00), subject to additions and deductions as provided in the 0 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 E ARTICLE 5 CN Progress Payments 00 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of LOi Project Management, and upon approval for payment issued by the Director of Project U Management and Architect, the Owner shall make progress payments on account of the X 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. U) 76 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, 0- Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner i invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and 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. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. c� Page 3 of 35 Packet Pg. 2938 U.6.b 06 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by C 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 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 A 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. 4- 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: U 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 E retainage of five percent(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 Contractor to the Owner for a deletion or change A which results in a net decrease in the Contract Sum shall be the net cost to the Owner, ra less Overhead, Profit and Documented Costs incurred prior to the change Request, as 0. indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits - covering related Work or substitutions are involved in a change, the allowance for a overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. E L- 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 N construction (or, if approved in advance by the Owner, suitably stored off the site at a00 location agreed upon in writing), less retainage; 17 LO i 5.6.3 Subtract the aggregate of previous payments made by the Owner; and LU yU LU 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. A ra 2 ARTICLE 6 0. Final Payment i 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 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 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 Page 4 of 35 Packet Pg. 2939 U.6.b 06 payment. The following documents (samples in section 01027, Application for Payment) are a required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion A (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: 0 U A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. E C. Warranties, bond and guarantees. A D. Keys and keying schedule. 0. E. Spare parts and maintenance materials. 4- 0 F. Electronic copies of approved submittals. a G. Evidence of payment and final release of liens and consent of surety to final E release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued N by the Monroe County Building Department. 00 17 LO ARTICLE 7 c, Miscellaneous Provisions W i 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 provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act A and Monroe County Code. 0. 0 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. Page 5 of 35 Packet Pg. 2940 U.6.b 06 7.5 A person or affiliate who has been placed on the convicted vendor list following a g 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, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply 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 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. c� 7.6 The following items are included in this contract: U 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 E period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives A shall have reasonable and timely access to such records of each other party to this ra Agreement for public records purposes during the term of the Agreement and for seven 0. (7) years following the termination of this Agreement. 4- 0 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 E well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change N order files (including documentation covering negotiated settlements); backcharge00 logs and supporting documentation; general ledger entries detailing cash and trade 17 LO discounts earned, insurance rebates and dividends; any other supporting evidence U� deemed necessary by Owner or by the Monroe County Office of the Clerk of Court LU yU and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges LUi related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative A and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing 0. 0 the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion 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 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 Page 6 of 35 Packet Pg. 2941 U.6.b 06 Contractor, the Contractor shall repay the monies together with interest calculated C 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 A construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall 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 U of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the .E application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; A and each remaining term, covenant, condition and provision of this Agreement shall 76 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 Agreement. - The County and Contractor agree to reform the Agreement to replace any stricken a provision with a valid provision that comes as close as possible to the intent of the stricken provision. E L_ d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party N relative to the enforcement or interpretation of this Agreement, the prevailing party00 shall be entitled to reasonable attorney's fees and court costs as an award against the 17 LO non-prevailing party and shall include attorney's fees and courts costs in appellate U� proceedings. W i e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery A 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 0 ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. c� Page 7 of 35 Packet Pg. 2942 U.6.b 06 h) Adjudication of Disputes or Disagreements. County and Contractor agree that all C disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive A the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this U 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 discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, A this Agreement automatically terminates without any further action on the part of any ra party, effective the date of the court order. The parties agree to comply with all Federal 0. L- and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights - Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of a race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits E discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which N prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment00 Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of 17 LO drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, U� Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to W nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Wi 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 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, A relating to nondiscrimination in employment on the basis of disability; 10) Monroe ra County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, 0. 0 color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order c� Page 8 of 35 Packet Pg. 2943 U.6.b 06 11246 Relating to Equal Employment Opportunity, and implementing regulations at C 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for A employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, 0 or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in U 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 behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual 76 orientation, gender identity, or national origin. . 0. 4- 3. The Contractor will not discharge or in any other manner discriminate against any o employee or applicant for employment because such employee or applicant has a inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to N individuals who do not otherwise have access to such information, unless such 00 disclosure is in response to a formal complaint or charge, in furtherance of an LOi investigation, proceeding, hearing, or action, including an investigation conducted U by the employer, or is consistent with the contractor's legal duty to furnish X information. i 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of A the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 0. 0 i 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 Page 9 of 35 Packet Pg. 2944 U.6.b 06 Secretary of Labor, 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. JA 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, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive 0 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 o U provided by law. 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 unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any 0. subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, - however, that in the event a contractor becomes involved in, or is threatened with, a litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. The County and Contractor covenant that neither presently N has any interest, and shall not acquire any interest, which would conflict in any manner00 �! or degree with its performance under this Agreement, and that only interest of each is 17 to perform and receive benefits as recited in this Agreement. UI 1) Code of Ethics. The County agrees that officers and employees of the County W 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. ra 2 m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, 0. 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 i paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such E fee, commission, percentage, gift, or consideration. Page 10 of 35 Packet Pg. 2945 U.6.b 06 n) Employment or Retention of Former County Officers or Employees. Contractor g warrants that 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 A provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 0 o) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article 1 of the Constitution of Florida. The County and Contractor shall allow and permit U reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this A provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a 0. prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or - expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records E Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this N contract, the Contractor is required to: 00 17 LO (1) Keep and maintain public records that would be required by the County to L� perform the service. W i (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. A (3) Ensure that public records that are exempt or confidential and exempt from 6 public records disclosure requirements are not disclosed except as 0. 0 authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or Page 11 of 35 Packet Pg. 2946 U.6.b 06 confidential and exempt from public records disclosure requirements. If the C Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining 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. U) (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the U 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. A 2 The Contractor shall not transfer custody, release, alter, destroy or otherwise 0. dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. - 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS N CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC 00 RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 L', BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, U X MONROE COUNTY ATTORNEY'S 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 participation of the Contractor and the County in this Agreement and the A acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of . 0. immunity to the extent of liability coverage, nor shall any contract entered into by the 0- County be required to contain any provision for waiver. i q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such c� Page 12 of 35 Packet Pg. 2947 U.6.b 06 functions and duties of such officers, agents, volunteers, or employees outside the C 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 A except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- U party claim or 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 E inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the A purposes contemplated in this Agreement. 0. t) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an - Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. a u) No Personal Liability. No covenant or agreement contained herein shall be deemed E to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any N personal liability or accountability by reason of the execution of this Agreement. 00 17 LO v) Execution in Counterparts. This Agreement may be executed in any number of U� counterparts, each of which shall be regarded as an original, all of which taken W together shall constitute one and the same instrument and any of the parties hereto Wi 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 hold the COUNTY and the COUNTY's elected and appointed A officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other 0. 0 proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the E terms of this Agreement, except to the extent the claims, actions, causes of action, Page 13 of 35 Packet Pg. 2948 U.6.b 06 litigation, proceedings, costs or expenses arise from the intentional or sole negligent C 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 Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the A claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 0 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 U 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 E shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. A The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 0 FDEM Indemnification - To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. N 00 17 This indemnification shall survive the termination of this Contract. Nothing contained LO in this paragraph is intended to nor shall it constitute a waiver of the State of Florida U and the (County) Agency's sovereign immunity. X i 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. A y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the 76 County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the 0. 0 opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and c� Page 14 of 35 Packet Pg. 2949 U.6.b 06 subcontractors shall not discriminate on the basis of race, color, national origin, or sex C in award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract JA 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. 0 b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; U (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and 76 women's business enterprises; 0. (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business - Development Agency of the 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. E L- z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to N identify the COUNTY as an additional insured on all insurance policies required by the00 �! County. In addition, the Contractor specifically agrees that all agreements or contracts 17 of any nature with its subcontractors shall include the COUNTY as additional insured. UI aa) Independent Contractor. At all times and for all purposes under this Agreement, W Contractor is 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 Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 2 bb) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, 0. 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 i 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 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 term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, E c� Page 15 of 35 Packet Pg. 2950 U.6.b 06 or subcontract with an unauthorized alien. The Contractor shall comply with and be C subject to the provisions of Section 448.095, Florida Statutes. .5 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 reference to the subject matter hereof that are not merged herein A and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 0 dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this U Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by E United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received A by Contractor when hand delivered by national courier with proof of delivery or by U.S. 2 Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: 4- 0 For Contractor: Tropical Island Builders, LLC o Doug Sposito, Owner 85 Industrial Road Unit 1 Big Pine Key, Florida 33043 N For Owner: Director of Project Management Assistant County Administrator, PW& E 00 1100 Simonton St., Room 2-216 1100 Simonton St. LO Key West, Florida 33040 Key West, Florida 33040 U X County Attorney Wi 1111 121h Street, Suite 408 Key West, Florida 33040 A 7.8 FEDERAL CONTRACT REQUIREMENTS 76 0. 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: 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 c� Page 16 of 35 Packet Pg. 2951 U.6.b 06 Grant Program, all prime construction contracts in excess of $2,000 awarded by non- C Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 51 "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified JA 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 0 decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. U U) 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 0- (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. N 00 17 (1) Contractor. The contractor shall comply with 18 U.S.C. § 8747 40 U.S.C. § 31457 LOi and the requirements of 29 C.F.R. Part 3 as may be applicable, which are U incorporated by reference into this contract. X 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 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. 0. 0 (3) Breach. A breach of the contract clauses above may be grounds for ,i 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 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 Page 17 of 35 Packet Pg. 2952 U.6.b 06 delivered by the contractor or subcontractor, within seven days after the regular C 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. 7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all JA contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the 0 basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work U 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. 0. (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 C 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. CN 00 (2) Violation; liability for unpaid wages; liquidated damages. In the event 17 of any violation of the clause set forth in paragraph (b)(1) of this section, U� the Contractor and any subcontractor responsible therefor shall be X liable for the unpaid wages. In addition, such contractor and Wi 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 mechanic, including watchmen and guards, employed in violation of the 76 clause set forth in paragraph (b)(1) of this section, in the sum of$27 for 0. 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 this section. (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 E to be withheld, from any moneys payable on account of work performed Page 18 of 35 Packet Pg. 2953 U.6.b 06 by the contractor or subcontractor under any such contract or any other C 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 JA as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any > subcontracts the clauses set forth in paragraph (b)(1)through (4) of this section 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 t0 subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 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 substitution of parties, assignment or performance of 76 experimental, developmental, or research work under that "funding agreement," the 0. recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under - Government Grants, Contracts and Cooperative Agreements," and any implementing a regulations issued by the awarding agency. 7.8.4 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33 E 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- N 7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C. 00 §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate 17 LO Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 L� U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), X as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The Wi contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The 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 CFR §180.220) must not be made to parties listed i on the government-wide exclusions in the System for Award Management (SAM), in accordance 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 Page 19 of 35 Packet Pg. 2954 U.6.b 06 than Executive Order 12549. SAM exclusions can be accessed at . .,.`�.a.„rn ggy. C 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. §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 JA 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 0 and/or debarment. Bidders or Proposers agree to 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 c, 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 exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or A organization for influencing or attempting to influence an officer or employee of any ra agency, a member of Congress, officer or employee of Congress, or an employee of a 0 member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non- 0 Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000.00, the attached certification must be signed and submitted by the Contractor to the County. 7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. N CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as 06 amended, by the Resource Conservation and Recovery Act. The requirements of Section LOi 6002 include procuring only items designated in guidelines of the Environmental W Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of W recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered A 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 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. E c� Page 20 of 35 Packet Pg. 2955 06 Information about this requirennerd, along with the list of EPA-designated ihenns, is available at EP/\s Comprehensive Procurement Guidelines vvebsihe. The Contractor also agrees to comply with all other applicable requirements of Section � � 0OO2of the Solid Waste Disposal Act. JA 7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � . Recipients and subreoipients and their contractors and subcontractors may not obligate or expend any federal funds to (1\ Procure or 0 (2) Extend or renew aoon� procure or obtain;in� or � Enter in aoon (or 4- extend or renew a contract) to procure or obtain equipmert, servioes, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any sysem, or as critical technology as part of any system. As described U inPub|io Law 115-232. section 889, covered telecommunications equipment is telecommunications equipment produced by Huavvei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such enddes). M h\ For the purpose of saf�b/. seourih/ of facilities, physical seourih/ � ` ^ ^ ' ' �� surveillance of critical infnastructure, and other national security purposes. video — surveillance and telecommunications equipment produced by H\tena Communications . Corporation, Hangzhou Hikvision Digital Technology Company. or Oahua Technology 0� � Company (or` 4- 0 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. hii\ Te|eoommunioations or video surveillance equipment or services produced or E w provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of |nvesd0adon, reasonably rw � believes to be an entity owned or controlled by, or otherwise connected to, the government =n � of covered foreign country. *m | 7.8.9 he COUNTY and CONTRACTOR should, to the great extent practioab|e, provide a preference for the W | purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited �o iron. aluminum, steel, oennen�. and other ` � manufactured products). These requirements of this section must be included in all subavvands including contracts and purchase orders for work or products under federal award. For purposes Of this section: A (1) "Produced in the United States" nO8@OS, for i[OD and St88| products, that all manufacturing p[OC8SS8S, from the initialmelting stage through the application Of '0. 0 coatings, occurred iO the United States. +- | (2) "Manufactured products" means items and construction materials composed iOwhole or in part of non-ferrous nO8t@|S such as @|unOiOunO; plastics and pO|ynO8Fb@S8d products such @S polyvinyl chloride pipe; aggregates such @S concrete; glass, including optical fiber; � � and lumber. Other Federal and FEMA Requirements (as applicable) Page 21of36 U.6.b 06 7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will C comply with all the requirements as imposed by the ADA, the regulations of the Federal g government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, JA and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance 0 review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and U 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 . 0. specific FEMA pre-approval. The Contractor shall include this provision in any 0- subcontracts. 0 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 of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and N Contractor. 00 LO i 7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an U acknowledgement that FEMA financial assistance may be used to fund all or a portion of X the contract. The Contractor will comply will all applicable federal law, regulations, EI executive orders, FEMA policies, procedures, and directives. 7.8.15 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal 76 entity, contractor, or any other party pertaining to any matter resulting from the contract. . 0. 7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor i 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. 7.8.17 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of the Federally-Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency c� Page 22 of 35 Packet Pg. 2957 06 Management (Division) found at the following link on the Monroe County web page: 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 Aoreement, to the " extent allowed and required by law. JA ARTICLE 8 Termination orSuspension ^� 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General COOdidOOS. U 8.2 |n the event that the Contractor shall be found tobe negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'vvritten notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other 'U) party sixty (00) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms. the 0- County retains the right to terminate this Agreement. The County may also terminate this � Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity �o cure the breach E � that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Cortraob»r. County shall pay Contractor r* the sum due the Contractor under this Agreement prior to terminodion, unless the cost of 00 -: � completion to the County exceeds the funds remaining in the contract; however, the *m County reserves the right to assert and seek an offset for damages caused by the breach. U' The maximum amount due to Contractor shall not in any event exceed the spending cap X in this Agreement. In addition, the County reserves all rights available to recoup monies W| paid under this /\0reennent, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located mm at Section 2-721 et a|. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for — oonvenienoe, at any time, upon thirty (30) days'written notice to Contractor. If the County . terminates this Agreement with the Contractor. County shall pay Contractor the sum due 0- � the Contractor under this Agreement prior to terminadon, 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. 8.0 For Contracts of any amount. if the County determines that the Contractor/Consultant has pp submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has Page 23of36 U.6.b 06 given the Contractor/Consultant written notice and an opportunity to demonstrate the C agency's determination of false certification was in error pursuant to Section g 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the 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 A Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran > Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida t0 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 9.1 The Contract Documents, except for Modifications issued after execution of this 6 0. Agreement, are enumerated as follows: a) Construction drawings done by Wood Environment and Infrastructure Solutions, Inc. 0 revised 4/12/2021, 9 pages, sheet numbers G-0017 G-0027 C-0017 C-0027 C-0037 C-0047 S-0017 S-002, and S-003 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and E Contractor. N 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 00 17 LO 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the U� Request for Proposals dated March 2022. W i 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 4/12/22 1 A This Agreement is entered into as of the day and year first written above and is executed in at 6 least one (1) original copy. 0. 0 i BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW c� Page 24 of 35 Packet Pg. 2959 U.6.b 06 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 JA By: By: AI Deputy Jerk Mayo irman 0 © ZZ MONROE COUNTY ATTORNEYS OFFICE o 1 23 APPROVED AS TO FORM • (7 / /� L) _ -- uy S'FA�IT COUMi�ATTO flNEY �d DATE: 4-28-2022 a�te?4yfr IN/N• — - CONTRACTOR'S Witnesses Attest: CONTRACTO : TROPICAL ISLAND Contracto must provide two witnesses BUILDERS, L signatur %es76 Signature: .2 0 Signature: �. Print Name: 0 Print Name: Title: OW Date: 22 Date: � 2 Z and CN ry Signature: 00 -r-' � Print Name: f ` -- ^' i `/ 3v r l,Zz, =��- "'� W Date: STATE OF �(��ilG�t, , COUNTY OF �//C�J'�l = On this day of , 20,—L'� before me, the undersigned notary public, by means* of physical presence or ❑ online, personally appeared A (name of affiant)known to me to be the person 2 CL whose n e is subscribed above or who produced �," �lg as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County i for VETERANS MEMORIAL PARK ADA PAVILION AND TIKI HUT REPLACEMENTS for the purposes therein contained. Notary Public IdL -pri:iLP) .��",'i'��, BRENDA BOSKIND Print Name A ^Notary Public-State of Florid -• Commission 0 HH 245912 My commission expires:�/�2+� !� 1c0 Seal °%.,, ��..�� My Commission Expires . ) April 10,2026 U Page 25 of 35 Packet Pg. 2960 U.6.b 06 GENERAL REQUIREMENTS Where Project Management is Not a Constructor g Section 00750 General Conditions JA Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching c) Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports 76 Section 01395 Request for Information— (RFI) 0. Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions - Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas E Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning N Section 01600 Material and Equipment 00 Section 01630 Post-Proposal Substitutions LOi Section 01640 Product Handling w Section 01700 Contract Closeout w Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties A 2 0. 0 i E c� Page 26 of 35 Packet Pg. 2961 06 a 0 EXHIBIT Department of Labor Wage Determination CL 0 0 u U) A -ra .2 CL 0 4- 0 E C14 00 T� LO u w x w A -ra .2 CL 0 E E Page 27 of 35 1 Packet Pg. 2962 U.6.b 06 "General Decision Number : FL20220022 02/25/2022 Superseded General Decision Number : FL20210022 State : Florida A Construction Type : Building County: Monroe County in Florida . 0 c� BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . U Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that ra are subject to the Davis-Bacon Act itself, but do not apply 0 L_ to contracts subject only to the Davis-Bacon Related Acts, ,- including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60 ) . 0 lIf the contract is entered Executive Order 14026 linto on or after January 30, 1 generally applies to the 12022 , or the contract is 1 contract . N 00 lrenewed or extended (e . g . , anl . The contractor must pay loption is exercised) on or I all covered workers at LO i lafter January 30 , 2022 : 1 least $15 . 00 per hour (or W I I the applicable wage rate Wi I I listed on this wage I I determination, if it is higher) for all hours I I spent performing on the I I contract in 2022 . 76 0 lIf the contract was awarded 1 Executive Order 13658 Ion or between January 1, 20151 generally applies to the land January 29, 2022, and thel contract . lcontract is not renewed or 1 . The contractor must pay all lextended on or after January I covered workers at least 130 , 2022 : 1 $11 . 25 per hour (or the applicable wage rate listed c� Page 28 of 35 Packet Pg. 2963 U.6.b 06 on this wage determination, if it is higher) for all hours spent performing on that contract in 2022 . - I - JA The applicable Executive Order minimum wage rate will be adjusted annually . If this contract is covered by one of the > Executive Orders and a classification considered necessary 0 for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request . U U) Additional information on contractor requirements and worker protections under the Executive Orders is available at https : //www . dol . gov/agencies/whd/government-contracts . A 2 Modification Number Publication Date0. 0 0 01/07/2022 4- 1 01/14/2022 2 02/25/2022 ELEC0349-003 09/01/2021 Rates Fringes N 00 17 ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ` i U ----------------------------------------------------------- W ENG10487-004 07/01/2013 Wi Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 0. 0 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes c� Page 29 of 35 Packet Pg. 2964 U.6.b 06 0 IRONWORKER, STRUCTURAL AND REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 26 . 00 14 . 16 - ----------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 0 ----------------------------------------------------------- SFFL0821-001 12/31/2021 0 U Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 21 . 09 ----------------------------------------------------------- A SHEE0032-003 12/01/2013 0 Rates Fringes 4- 0 SHEETMETAL WORKER (HVAC Duct o Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 E ----------------------------------------------------------- * SUFL2009-059 05/22/2009 N 00 c� Rates Fringes LO i CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 w x i CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00 A LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00 0. 0 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00 i OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00 c� Page 30 of 35 Packet Pg. 2965 U.6.b 06 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00 a PAINTER: Roller and Spray . . . . . . . $ 11 . 21 ** 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33 JA ROOFER: Built Up, Composition, Hot Tar and > Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 ** 0 . 00 0 c� SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 ** 3 . 61 U TRUCK DRIVER, Includes Dump �- and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 ** 0 . 15 ----------------------------------------------------------- A WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . 0 4- 0 0 ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15 . 00) or 13658 ($11 . 25) . Please see the Note at the top of the wage determination for more information . N 00 17 Note : Executive Order (EO) 13706, Establishing Paid Sick UI Leave for Federal Contractors applies to all contracts W subject to the Davis-Bacon Act for which the contract is Wi awarded (and any solicitation was issued) on or after January 1 , 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own illness, injury or other health 0. - related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor c� Page 31 of 35 Packet Pg. 2966 U.6.b 06 requirements and worker protections under the EO is available a at https : //www. dol . gov/agencies/whd/government-contracts . °> Unlisted classifications needed for work not included within the scope of the classifications listed may be added after A award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) . 0 ----------------------------------------------------------- 0 U The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the �- cited type (s) of construction in the area covered by the wage determination . The classifications are listed in alphabetical order of ""identifiers" " that indicate whether the particular rate is a union rate (current union negotiated rate for ra local) , a survey rate (weighted average rate) or a union 0 average rate (weighted union average rate) . 4- 0 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate CN 00 were prevailing for that classification in the survey . 17 Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation UI identifier of the union which prevailed in the survey for W this classification, which in this example would be Plumbers . Wi 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 . 0. 0 i Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) E 0 governing this classification and rate . Survey Rate Identifiers c� Page 32 of 35 Packet Pg. 2967 U.6.b 06 Classifications listed under the " "SU" " identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average A 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 0 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 U used in producing the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates �- under that identifier . Survey wage rates are not updated and remain in effect until a new survey is conducted. ra 0. 0 Union Average Rate Identifiers 4- 0 Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union N 00 average rate . OH indicates the state . The next number, 0010 17 in the example, is an internal number used in producing the UI wage determination . 08/29/2014 indicates the survey W completion date for the classifications and rates under that Wi identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 0. 0 ----------------------------------------------------------- 0 WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be : E c� Page 33 of 35 Packet Pg. 2968 U.6.b 06 0 * an existing published wage determination * a survey underlying a wage determination CL * a Wage and Hour Division letter setting forth a position CL on a wage determination matter U) * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including > requests for summaries of surveys, should be with the Wage 0 and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then U 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 : ra 2 Branch of Construction Wage Determinations 0 Wage and Hour Division 4- U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 E 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request N 00 review and reconsideration from the Wage and Hour 17 Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write UI to : W i Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ra 2 The request should be accompanied by a full statement of the 0. interested party ' s position and by any information (wage payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : c� Page 34 of 35 Packet Pg. 2969 U.6.b 06 0 Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 A 4 . ) All decisions by the Administrative Review Board are final . > 0 ----------------------------------------------------------- c� 0 END OF GENERAL DECISIO" U U) A 2 0. 0 4- 0 0 E CN 00 c� i U x i A 2 0. 0 i E c� Page 35 of 35 Packet Pg. 2970 U.6.b 06 SECTION 00120 � NON-COLLUSION II " g D UG SPOSH'0 of the city BIG PINE PlINE KEY according to Nary on my oath, and under penatty of perjury, depose and say that: A . arr, DOUG SPOSI'TO of the firm of� TROPICAL ISI-AND BUiLDERS tA C > .. .... . the proposer making the Ip'roposaN for the project descdbed in the notice for oahirng for° proposals for: VETERANS S MEMORIAL PARK ADA p". aVpt..pON c� and that N e eourted the said proposal mrith fu H authodty to do so; 0 U 2. The pdres in thNs piroposap have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter repating to such prices with any other proposer or with any competitor; and 3. Unless other rNse regUired by Na" , the prices w Noh have been quoted in this proposal) have riot been knowMgl disclosed by the proposer and will riot knowingly be disclosed ra ra by the proposer pdor to proposal opening, directiy or indirectly, to any other, proposer. or CL to any competitor; and . No attempt has been rude or` iH be made by the proposer to induce any other person, 0 paftership or corporation to submit, or not to subrrrit, a proposal for the purpose of � restric-frog competition and d. The st tements contained n n this affidavit are true and and made with fuH E k nowie e of said project. L ZZ, N (Signature of proposer) (Date)' 00 17 LO I U STA'i' � Cep:. FLORNl A x COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before rare, by means of - physical presence or 0 online � notaruzatior , on 1 � � date d _ 76 . . Z, .. (name of`affiant).. He/Sh"Ile is pers,00 rally . CL _._ . O";r r to Vr or has produced ..�. __. _ ... _._.N_.._ _ (type of B ent@f9 atlr", n) as I Bdentl'fraBRENDA ,. or o-w.' C orrn w Ool r 22 h TCI pt_l tl +My Camm Fx MoncP6 through N . L35 ( l L) ° r ornrrnr siorn expires, µh �i m PROPOSAL 6=.ORRA 0120- Page 30(,,) 310 c� Packet Pg. 2971 06 LOBBYING AND CONFLICT OF INTEREST' CLAUSE SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE TROPICAL ISLAND BUiLDERS LL-C 0 (Company) 0 U warrants that helit has not ern played, irptained or otherwise had act on his/its behalf any U) former County officer or employee in v oIlation of Section 2 of Ordinance No. 010-1990 or, any COUnty officer or empNoyee in v oNation of' Section 3 of Ordinance No,, 0101-1990. For breacl,-i or .3 vioNafion of thi�s provision the County may, In its discretion, terminate this contract without Habihty and may also, in Its discrefion, deduct from the contract or purchase price, or otherwise recover, the ftffl amount of any fee, comrnission, percenta, e, gift, or consideration Ipaid to the forryier A County officer or emp�oyee". 76 .2 CL 0 4- 0 (Signature) Date: . E N IN 00 STATE OF": FLORIDA 17 LO COUNTY OF: MONROE U W x W Subscribed and sworn to (or affirryied) before me, by means of ID physical presence or 0 onlne psi notarization, on c';1 V-11C �(date) Nay -ne of affiant). He/She �s pensonaHy(n a r A k"n'"o;;n—tr —rn " has Produced .2 (type of identification) as CL 0 Identification. BRBDA 50SKIND t,utary Public-State of Plurida E '"b6] 4"', cummMion 9 C-6 205W 0) NOTARY PUBLIC 61 r%D Mv Comm.ExpireS Apr 10, N22 2! Bondec through National Noltalry A%sri.. 0 / I < (SEAt77w" �� M m y comissIon expires-..,J�lell PROPOSALFORM 00 120- Page 31,of 310 E .a U Packet Pg. 2972 ... ........................... ....................................................................... ......................................... ............................................ ........................ .........-.............................................."'' . — - ----- 06 DRUG-FREE WORKPLACE FORM The tjndersigned vendor in accordance with Florida Statute 287,,087 hereby cxntifies that: TROMCAL ISLAND BUILDERS LLC .............. (Name of Business) JA 1. Publishes a statement notifying erriployeas that the unlawful manufacture, distdbution, dispensing, possession, or use of a controffed substance is prohlbited in the vvorkplace and specifying the actions that wHI be taken against employees for Aidations of such prohiNtion. 2, 4iforrns erTIPfOyeeS about the dangers of drug abuse in the workplace, the bus; ness's policy of 0 maintaining a drug.-free workplace, any available drug counsefing, retwbHttaHon, and employee assistance prograrris, and the penalties that may be irnposed upon ernpIoyees for drug abuse VOlafioris. 0 U 3. Gives each ernployee engaged in provi&ig the cornrnodities or contractual services that are U) Under proposal a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notifies the employee,,, that, as a condition of working on the con-imodities or, contractual services that are under propo al, the ernpIoyee wifl abide by the terrns of the statement and will notify the employer of any conviction of, or plea of guHty or nioIa contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance A Iaw of the United States or any state, for a violation occurring in the workpCace no later then five 76 .2 (5)days after such conviction. CL 0 L_ 5, Imposes a sanction on, or require the satisfactory partriclpatlon ln a drug abuse assistance or 4- rehabditation program if such is availab e in the ernployee's commUrli ty, or zany empioye,e who is 0 so convicted. 6. Makes a good faith effort to continue to rna4itann a drug-free workpiace through innplernenI:atioin of this section. E As the person authorized to sign the statement, I certify that t firm complies fUlly W�th the above reqUirements. C14 00 T� O 'o� L oser's ,Signaft,�re OE U W �Av'7 7 x W ate STATE OF, FLOR 0A COUNTY OF: N40NROE A Subscribed and sworn to (or affirrined) before me, by means of f 4/physical presence or 0 online 76 .2 CL i, on 6010 0- notarizatior -(date) by 00 (narne of affiant). [-ie/She is ersonall rim me or has produced ftpe of ldentification)Ivivro a derib, ORENDA 30SKXD s,,, iderib, E My Comm.EK,)4 Apf 10, 2D) Bonded thr ugh Nat jr NOTARY PUBLK' I (SEAL) y cornission exirs:_ POPOSA . < FORM 00120- Page 32 of 310 E .a U Packet Pg. 2973 --- ------------,..............................__.......... 06 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor listfoliowing 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 su br"nit a bid on a contract with a public entity for the construCtio U) n or repair of a public building or public work, may not submit bids on ileases of real property to pubfic entity, may not be awarded or perforrn work as a contractor, supplier, s u bcon-tractor, or CONTRACTOR under a contract wlth any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for 0 CATEGORY TWO for a period of 36 months frorn the date of being placed on the convkted vendor list.` 0 1 have read the above and state that neither DOUG SPOSFF0 U U) (Proposer s name) nor any Affiliate has been placed on the convicted vendor list within the last thirlysix (3, rnonths. A (Signatur 76 .2 CL 0 Date:: 17- 4- 0 STATE OF. FLORDA E CrOUNTY OF, MONROE C14 Subscribed and sworn to (or of before me, by means of ri/physical presence or El oniiine 00 LO notarization, on -LZ (date) U W by LIM (narTIC- (.,if affian(). He/She is perscnaH Xy W —i o rn or has produced n�,�n to" (type of identification) as identification, A _2 C, —--------- ra Z_�k .2 N01"ARY PUBLiC CL (SEAL) My commission expires:.. & BRENCA HOSK'ND E Notary Public-State n �01 ida Commission GG K'rlti 6 hiy Comm.ExpjTeS Apr '0� doll Bonded through Natiana?Noljry Assn, 111 11r E PROPOSALFORM 00 120.- Page 33 of 310 Packet Pg. 2974 ...................................................................................... ........... .... . ...... 06 VENDOR CERTIFICA,rm REGARDING SCRUTINIZED COMPANIES LISTS VETERANS MEMORIAL PARK ADA PAVILION Pro�ect Desciipfion(s)- AND TIKI HUT REPLACMENTS J --------- Respondent Vendor Narne., TROPICAL 1SLAND BUILDERS, DOUG SPOSITO CL Vendor IN: 824911435 Vendor's Authorized Representatjve Name and Title: DOUG SPOSITO Address: 85 INDUSTRIAL RD UNIT 1 > 0 City;_ BIG PINE KEY State: FL Zi 33043 4- Phone Number 305-906-0808 EmaflAddress, TROPICAL,lSLANDBLJtlLDERS(a-_)GMAIp-..COM 0 U U) Section 287,135, Fiorida Statutes prohibits a company frorn blddft on, submitting a pro posal for, or entering into or renewing a contract for goods or serOces of any amount if, at. the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Sectlon 215.4725, Florida StatUtes, or, rs engaged In as Boycott of israeL Section 287.135, Florida StatLAs5, ,aVso proMbits a company from bidding on, submitting as proposal for, or entering Into or renewing as contract for goods or services of$1,000,000 or more,that are ori either the Scruflnized Cornicanies,with U) Activities in Sudan List or the Scrutinized Companies with Activities in the Ilrain PetroleLffn Energy Sector -ra Lists which were crtmted PILH-SU 21 73 ant to s, 5.4 , Florida StatUtes, or is engaged in business operations ln .2 CL Cuba or Syria, 0- A 4- s the person authorized to sign on behalf of Respondent, I hereby ceftify that the con-ipany identified above in the, Section entitled "Respondent Vendor Name," is not listed orr the Scrutln zed (",ornpanies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is riot fisted on either the Scrutinized Companies with Acfiv ties in Sudan List, the ScrUtinized Companies with AciNifies E in the INran Petroleurn Energy Sector List, or engaged in business oper-aflons In Cuba or Syria. I understand that pur'SUantto SectIon 287.135, F'iodda StatUteS, the submr scion of a false certification may subJect company to CjVrjJ penafties, attorneys fees, and/or costs. I fijrtf-uer understand thatCN any CN contract with the Colurity may be terminated, at the option of the COUrlty, if the company is found to have 06 T� submMed a faise certification or has been placed on the SCrUtinized Con'upanies that Boycott, lsrae9 List or LO engaged in a boycott of Israel or placed on the ScrutinIzed Companles with Activities 41 Sudan List or the U W ScrutinIzed Companies with Activities In the Iran Petroleum Energy Sector List or been engE�,,iged In x business operations in Cuba or Syria. W Certified By: DOUG SP SffO who is authorized C) --VCE— to sign on beh—aWoi7—Lth-e�-,ab e referenced company. A r Authohzie,d Signature:_ .2 Print Narne: DOUG sposr CL"ro 0 Title: 0 Note: The List are avaflaNe at the following Department of Management ServIces Site. E o pG.Gt bg ing/verdoF i J S�jS -—-------- ended �1(�r,ldqr Hsts S E L. FORM 00 120-Page 34 of 310 a U Packet Pg. 2975 .......................................... ............... ....... ............................ 06 SECTION 00130 INSUPANCE REQUIRE,MEN"I'S AND FORMS MO NON ROE COUNTY, FLORIDA RISK MANAGEMENT NC AN PROCEDURES JA General Insurance Requirements for Construction Contractors and Subcontractors 0 Prior to ttie cornmencernent of w,ork governed by, tMs contrcict (incli,idiing the pre-staging of per'sonnel and n'Tiaterial), the Contractor shaH obtain, at his/her own expense, insurance as specffied irr the attached schedUles, whicl"i are made pwl of fl,0s contract, The Contractor WH 0 ensure, that the insurance obtained wH extend protecfion to 0 Sub-Contnactors engaged by I'he U U) Contractor, As an alternative, the Contractor may reqL&e aH SU1,)(',ontractors to obtain insurance (.,,onsistent with the attached schediules. The Contractor wHl not be perr'nitted to corrimence work governed by this contract (includiing pre-staginc of personnet a�nid rnaterial) untH satisfactory evodence of the required insurance has been furfrished to the County as spiecified bepovv. De ays in the cornmencernent of work, A rest.flfing frown the failure of the Contractor to provide satisfactory evidence of the required 2 -ra insurance, shall nint extend deadlines specified iin this contract and any penalties and faHure to CL peirform assessrnients shMl be knpicsed as if the work corriirn(,".viced on the spe6fied date and 0 tkne, exc(�',)pt for ffie Contractor's failure to provide satisfactory evidence. 4- 0 The Contracto,r steak maintMn the reqWred kisiorance throt.ighout the entire terrin of this contract and any extensions specffied in any attached schedules, FaHure to cornply \Mth this provision rnay reSU[t in the irnrned4te suspension of aH work untH the irequuired ur ,,Urance has been E reinstated or rep aced. De ays, in the cornplefion of work reskflfirig frown the faikire of the Contractor to maintain the required 4'murance, shaH riot extend dead fines specified in this contj'r CN act and any penffi aes and faHu o p re tun assessments snail be urnposed as if the work had not been susp,,)ended, except for the Contractor's fa0ureto rr4ntahithe required insurance. 00 T� The Contractor WH be 1,reld responsNe for aH deductiNes and seff-nnSUred retentions that may LO be contanned 411 U ie Contractor's in5Uranr-;e poflcies. U W x The Contractor shah provide, to the Courity, as satisfactory evidence of the required 4ist,rrance, W I e0ier: Cer-fificate Of k-ISLArance or A Cler-fified copy of the acluai inst.inance policy. A ra .2 The County, at its sole opflon, has the dght to request a certified cornppete copy of any or aH 0 CL nnSUrcance po1icies with 0 enidorsernents, amendments, eXClUsions arnd nofice of char!,,jes to the �policy as required by this contract. E AH insurance policies must specify that th,ey are not subject to canceflation, non-rEffleWial, ass rnaterW change, or, reduction in coverage unless a rninirnurn o�f thirty (30) days prior notification is given to the COUinty by the lnsuirer. E �NSURANCE FREQUREPOENT"S AND FORMS 00130 Page 36 of 11.0 a U Packet Pg. 2976 06 The acceptance and/or approvai of the Contractor's insurance shaH not be construed as C reHeving the Contractor from any HaNity or ob4gabon asu smed under this contract or umposed .2 by qaw. The Monroe County Board of County C.ornrnrssioners, Ks employees and officals wN be included as "AdditionaV MSUred" on aH policies, except for,Workers' Compensation, JA nn addftion, the County wUf e named as an Aftfional hisured and Loss Payee on aH policies covering County-awned property. Any deviations from these General lnsurance Requirements rnust be requested in writing on the Coun ty prepared form entitled " Insurance Request for Waiver of Inrance Requirements" 0 and 4- approved by Monroe County Rsk Mana, ernent. 0 U U) A 76 .2 CL 0 4- 0 E CN 00 T� LO U w x w A 76 .2 CL 0 E NSLARANCE REQU'REMENTS ANID FORMS 00 130 IF age 37 of 310 E Packet Pg. 2977 06 a 0 WORKERS' COMPENSATION > INSURANCE REQUIREMEN'rs FOR VE,rERANS MEMORIAL, PARK ADA PAVILION AND TIKI H1.1"T REPLACMENTS BETWEEN MONROE COUNTY, FLORIDA AND > 0 0 Prior to the commencernen govern fts Co t of wod( govned by contract, the ntractor slhaH obta�n U Worker' Compensation linsurance with Ilirrnuts sufficient to respond to the appkab1e state statutes and the reqWrements of Florida Statutes, Chapter 440, In addifion, the Contractor shall obtain Employer' Uabhty Vnsurance Wth firyiits of not less than: $500,000 Bod0y rijury by Accident A $50,0,000 Bodfly Vn�ur)( by Disease, poky fir nits $5010,000, BodHy Rnjuiry by Disease, each ernployee 0 4- Coverage shak be rna Bntained througl"iout the enfire tern"i of the c.ontract, 0 Coverage si"uaH be provided by a company, or companies Mlthorized to transect busRness are the state of Ro6da. E ff the Contractor. has be err approved by Vie t°`9uydda' IDepartnient of Il-aboir, as an authairizied stiff-insurer, the County shaH recognze and honor the Contractor's statUS. The Contractor may CN Ire, required to s�,,ibmit as L.,etter of Authorization issued by the Department Of [1-rabor and a 00 Clertificate of Insurancel provding details on the Contractor's Excess Rnsurarice Program, T� LO ff thie Contractor particpaies 41 as self-insurance fund, as Certfficate of �nsurance Wfl e requiired. L)w x hi addition, the Contractior rnay be requh,-ed teasubn,,iit updated financW statements tram the fund w uipon r,eq qua est from the ounity. E A -ra .2 CL 0 E E i Page 38 of 310 T RMS E lREMENTS AND F0 00130 Packet Pg. 2978 .............. 06 GENERAL LIABILITY INSURANCE REQU�REMENTS FOR VETERANS MEMORIAL PARK ADA PAVILION ANDTIKI HUT REPLACMENTS BETWEEN MONROE COUNTY, FLORIDA AND ca Prior to the commencement of work governed by this contract, the Contractor sihali obtain 0 U Gen erai Uabiifty Insurance. over ag!e shaB be maintained thrOUghout the iife of the contract and U) unckide, gas a mhmurrr * Premiises Operafions * Products and Cf,")rnpleted Operations * B anket Corifractuai Liab lit y A IM Personafi injury Chat lit -ra .2 CL The minirnum Hiryfits acceptable sh,,,fli be: 0- 4- 0 $11,000,000 Combined Skigile Urnit E Ari Occurrence Form plolicy is prefen-ed, It coverage is provided on a C airns Made policy, its i')rovis� o iris, should inClUde coverage for rnlsims fled oin or after the effecfive date of this contract. Nino addr fion, the period for which cWms may be repoiled shouid extend har as m rflrnurn of tweNe CN ('12) monffm following the aciceptance of work I.)ythe County. 00 LO The Mcinroe County Board of County tsar mrnossioners, shiaH be narned as Addifionail k'w.,ured on U W 0 to issued to safisfy the above reqiiArerr nts. x W 12 M A 76 .2 CL 0 E New E INSURANCE REQUiRBMENTS AND FC)RMS 00130- Page 39 of 330 ca Packet Pg. 2979 ..................................................... .......... .................... ............... 06 BUSINESS AUTOMOBILE LIABILITY C INSURANCE REQUIREMENTS .2 FOR VETERANS MEMORIAL PARK ADA PAVILION AND TIKI HUT REPLACMENTS BETWEEN MONROE COUNTY', FLORIDA -U) ,AND 0 Recognizing that the work governed by fts contract requires the use of vehicles, the 0 Contractor, prior to the commencerrient of work, shaH obtain VeNde Uabdity h'isurance. L) U) L_ Coverage shaH be rnantained thr'OUghout the fife of the con'tract and �nchide, as a ryiin6mlrn, 0 fiab�Hty coverage for: M Owned, Non-Owned, and lfired Vehcu T'1,ue m4nimum Hrrifts acceptaNe shafl ble- A ra $300,000 ("'ombined Single Urrflt (CSI-) .2 CL 0 It spl�-t kmits are provided, the minimum Hmlts acceptaWe shaH tale: � 4- 0 $200,000 per Person $300,000, per Ocm,rrrence $200,000 Property Damage E `The Monroe Couniy Board of County Commiss'non ers shafl ble inarned as Addffional hISUred on all pokies issued to safisfy the above requirements, CN 00 LO U w x w A 76 .2 CL 0 E 11'qSkJRANCE REQLAREMENTS AND FORMS 00130-- Page 40of`31.0 E Packet Pg. 2980 06 PROPOS ER'S INSURANCE AND iNDEAANIFiCAT�ON STATEMENT INSURANCE REQUIREMENTS CL Worker's Compensation Statutory Limits Enipioyers Liabifity $500,000 BoOly Injury by Acc dent $500,000 Bodily Injury by Disease JA Poficy Limits $500,000 Bodily Injury by Disease, each empioyee > 0 Generai L.JabHity, including $1,000,000 Cornbined &ngie L rnit cr Premises Operations Products arid Completed Operations 0 Bianket Contractua'd Liability L) U) Personal Injt,iry Liability Buslness AUtornobfle Liability $300,000 Combined &ngie Limit (Owned, non-owned, and hired vehicies) if spfit hmits are preferred: A ra .2 $200,000 per Person CL 0 $3010,0010 per OCCUrrence $200,000 Property Carnage 4- 0 BuHder's Risk. Not RequIred E The contract shall requ re a Public. Cron struction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Morida,, The Contractor N shall provide a certified copy of the recorded payment and/or perforniance bond to the Owner 00 purSUant to F0, Stat, Sec. 255,05,, T� LO U W Hold Harmiess, Indemnification, and Defense. fqotwithstanding any minimum insurance X requ remenis prescribed elsewhere in this Agreement, Contractor shafl defend, indery-inffy and W I hold the COUNTY and the COUNTY's elected and appointed officers and ernpioyees harp-fless frorn and against (i) any, claims, actions or causes of action, (ii) any Iffigation, adminrstrative proceedings, appellate proceedings, or other proceedings relating to any type of injLffy (including death), loss, darnage, fine, penalty or business interruption, and (law) any costs or A expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or, any of its CL employees, agents, contractors or other invitees during the term of this Agreement, (B) the 0- negligence or recklessness, intentlonal wrongful rnisconduct, errors or other wrongftfl act or omission of Contractor or any of its errip9oyees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obHgafions that it undertakes sander the terms of fts E Agreement, except the'the extent e claims, actions, causes of action, Iftigation, proceedings, 0 CoStS 0J1r 2 expenses arise frorn the CO intentional or sole negligent acts or orniss�ons of the UNTY 0 or any of its employees, agents, contractors or invitees (other than Contractor). '"rhe monetary < 4i Iwrnitation of liability under th s contract shall be not less than $1 million per occurrence pursuanit E KSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 310 a U Packet Pg. 2981 ............................................. 06 to Fia. Stat. See, 725,06. insofar as, the ciairns, actions, causes of action, fitigation, proceedings, costs or, expensies re ate to eviants or, circurnstances that occur dUring this tern'i of this Agreer-rient, this secfion WH survive the expiration of thie terryi: of this Agreement or any mariner terrnlria-dort of this Agreement. In the event that the completion of the project (W i�riCilUde the work of others) is delayed or, JA suspended as a result of the Cor&actor s frAUre to purchase or rnainntain the required insurance, the Contractor shall indemreify the County frorn any and 0 increased expenses resufting from such delay, ShoWd any cWrns be asserted agairist the COLInty by virtue of any deficiency or roirnbiguity 4-1 the plans and specifications provided by the Contractor, the Contractor agrees and warrants that tl'iie Contractor shaH hold C the ounty harrnfess and shaH indernnify it frorn 0 all 4- li,')sses OCCUrr4-qj thereby and shak furq-er defend any clairn oraction on the County's behalf, The first ten dohar's ($10.00) of umarnamrnaratiorn paid to the Contractor is for the inderninffication 0 U proOded for the above. U) The extent of liability is in no way Hir-nited to, reduced, or iessened by the: insuirance re.qLjiremerits contained e sewhere within tNs AGrREEMENT, FDEM Indemnification A T 7terFp"'-e' rmitted by law, the Contractor shah indernnify and Wd harffliess the 76 Agency, th St e ate of Florida, Departr"nent of Ernergency IiwfMarnaEgenrnent, and its offilcer's and .2 CL efTlpioyees, frarn kabikfies, darn b ages, sses, and costs, indu6ng ta unt ut not RrRed to, reasionaUe 0- aftorney's fees,, to the extent c,'.aused by the negHgence, reckiessness or intentional wrongful 4- inisconduct of the Contractior and persons ernpioyed or utHized by the C.ontractor in trie 0 perforr'na nice of this Contract. This inidernnifilcafion shaH SUrvive the tierrninafion of this, Contract. Nothing contained iin tNs E paragraph is intended to nor shaH it constitute a waiver,of thie State of Fiorida and th(-',� (Clourity) Agency's sovereign irnirnUnity. N 00 PROPOSER'S S-Wr IBM ENT 17 LO U Understand the iinsuranc H, t n le that Np,6 ��e nand ifatory awarded the contract and Afl� comp�y in u fH W X w4h 0 of the requirements herein, k fully acclept the inderinnificafion and hold harrndess and dilty W to deferld as, set out in finds proposaE. E TROP�CAL, &A-DERS ILLC A PROPOSER Signature 0 E �NSURANCE REOU�REMENTS AND FORMS 00130- Page 42 of 310 E Packet Pg. 2982 .............. ..........- U.6.b 06 0 �NSURANCE AGENT'S STATEMENT > R have reviewed the above r gUir meats with the proposer named above. The following � deductibles pl to the corresponding poky. `A 0 c� General Liability------ 0 U Auto � l._o bifity poli6es are, X Occurrence Uaims Made .. ,. . CL 0 4- 0 Absolute Business 'ce 4i .4-isurance Agency Signature ..._ E CN 00 c� LO i U x i 76 2 CL 0 i REWREMENTS AND FORMS 001 ._ Page 43 of U Packet Pg. 2983 DATE(I U.6.b ACOR" CERTIFICATE OF LIABILITY INSURANCE 05/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 06 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 9= O IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the > certificate holder in lieu of such endorsement(s). CIL PRODUCER CONTACT NAME: Certificate Department PHONE FAX Absolute Business Services Inc (A/C,No,Ext): 941-365-8123 (A/C,No): 888 453 0827 CIL 5200 Station Way ADDRESS: insurance@absoluteinsuranceservice.com A INSURER(S)AFFORDING COVERAGE NAIC# Sarasota FL 34233 INSURERA: The Burlington Insurance Company INSURED INSURERB: AmGUARD Insurance Company 42390 > L_ Tropical Island Builders LLC INSURER : � 85 Industrial Rd Unit 1 INSURER 7 (j INSURER E Big Pine Key FL 33043 INSURER F: 0 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: t) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREMISES(Ea occurrence) $ 100,000 A MED EXP(Any one person) $ 5,000 A Y 864BOO9274 10/29/2021 10/29/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ JECTPRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 - PRO- OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 300,000 O ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED B AUTOS x AUTOS Y TRAU251569 03/17/2022 03/17/2023 BODILY INJURY(Per accident) $ , NON-Ox HIRED AUTOS AUUTOS�ED (Per accident) $ UMBRELLA LAB CN OCCUR EACH OCCURRENCE $ N EXCESS LIAB CLAIMS-MADE I y * AGGREGATE $ 00 DED RETENTION$ $ tt9 PER OTH_ AND EMPLOYERS' YERS'LIABILITY IONILIT 20 STATUTE ER C)I AND EMPLOYERS'LIABILITY 5 . 1 2022 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N I � � E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A x (Mandatory in NH) p I "— E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) U) n U O I E CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West 33040 M @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 2984 DATE �`` CERTIFICATE OF LIABILITY INSURANCE 05/1 U2 05/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. O IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tI ; the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th, certificate holder in lieu of such endorsement(s). CL PRODUCER 1-239-935-5069 CONTACT Staci Merchant Merchant Insurance Solutions NAME: �ONNo Ext: 305-440-0425 FAX No: 866-406-4983 12326 Isabella Drive E-MAIL 8ADDRESS: smerchant@merchantinsurancesolutions.c Bonita Springs, FL 33015 INSURER(S)AFFORDING COVERAGE NAIC# Staci Merchant INSURERA: Service American Indemnity Company ' INSURED INSURER B TROPICAL ISLAND BUILDERS LLC INSURER C: � 85 Industrial Rd Unit 1 INSURER : U M INSURER E Big Pine Key , FL 33043 U INSURER F: O COVERAGES CERTIFICATE NUMBER: 65515555 REVISION NUMBER: U THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ (� DAMAGE TO RENTED ggy COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE1:1 OCCUR MED EXP(Any one person) $ 2 U PERSONAL&ADV INJURY $ tl , O GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ - POLICY PEC LOC $ 9= AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT O Ea accident , ANY AUTO Ilk BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS 'i Y SIP BODILY INJURY(Per accident) $ tl NON-OWNED "'""� PROPERTY DAMAGE �^ HIRED AUTOS AUTOS 2 0 2 2 Per accident $ "' _ $ UMBRELLA LIAB OCCUR , ; EACH OCCURRENCE $ N CLAIMS-MADE AGGREGATE $ EXCESS LIAB �� 06 DED RETENTION$ $ L6 A WORKERS COMPENSATION SAICWC0434400 06/10/2 06/10/22 X TORVLAMITs OER LU AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1000000 LU If yes,describe under 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) A License Numbers: CBC1262362 CPC 1459588 CCC 1331674 U O I E CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton AUTHORIZED REPRESENTATIVE U Key West, FL 33040 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD TropicalIsland Packet Pg. 2985 65515555