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5th Amendment 07/17/2024
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 29, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: C23 5th Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. Funding is Ad Valorem and Fines and Forfeitures. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 1 0 FIFTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Fifth Amendment to Agreement is made and entered into this 17th day of July 2024, between MONROE COUNTY,FLORIDA("COUNTY"), a political subdivision oft e State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2"d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreement"); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment to the Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00) Dollars, from Seventy Thousand and 00/100($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Original Agreement to provide for an annual CPI-U increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment tothe Original Agreement to provide for an annual CP1-U increase of 6.5% pursuant tot Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the old Plantation Key Jail location, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted CPl-U increases and additional locations being added for service, WHEREAS, the Original Agreement, as amended in the Third Amendment, provides in Paragraph 5.E. that the total compensation tothe Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless pre-approved or requiring additional ftinds is implemented; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to increase the annual agreement amount, due to unanticipated repairs and/or emergency work at various locations,by Two Hundred Fifty Thousand and 00/100($250,000.00) Dollars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars to Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100($393,775,00) Dollars; and WHEREAS, the parties find it would be mutually beneficial to include Pigeon Key as an additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement; and WHEREAS, the parties find it would be mutually beneficial to enter into this Fifth Amendment to the Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I In accordance with Paragraph 5. D. of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth below as follows, including the new Pigeon Key location: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $199.42 per hour, mechanic $299.14 per hour, mechanic plus helper $99.72 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $299.14 per hour, mechanic $448.70 per hour, mechanic plus helper $149.57 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent (15%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen (15)minute increments. 2 The following buildings will require: One (1), (5) Five (5) Year Inspection Test (to be completed within three (3) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: ....... .......... .......................... ............."I-1-1-1-1........... Monroe County Detention Center 5501 College Road 1_3 646.56 cost/yr. Key West, FL 33040 3000.00 5 r. ins �ection_y� Harvey Government Center 1200 Trurnan Avenue LZJ�Q .�17 cost/ �r. Key West, F.I., 33040 1,000.00— 5 r. ins notion X-- — Lester Building 530 Whitehead Street 1.L68.04--cost/yr- Key West, FL 33040 �ection-y ins� Monroe ty Courthouse 502 Whitehead Street .04 cost/ r. Annex/Old Jail Key West, FL 33040 (TESTING SCHEDULED.AROUND COURT HEARINGS) I_1 QQQ.00_5yr. inspection Marathon Government Annex 490 63d Street, Ocean I.........2�1..0......................... Marathon, Fl.., 33050 500.00 --5jr inspection Marathon Jail 3981 Ocean Terrace Marathon, Fl.. 33050 152Q-00 .. 5 yr. inspection Pi, eon 1090 Overseas Highway a 21 ,5. 80.00—cost/yr. Marathon, FL 33050 �5r. in�sectjon------------ Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway 1 121. m� Tavernier, FL 33070 Ifs/.A 5 vr. ins ticsn 3 The following buildings will require: One (1), Five(5) Year Inspeefion Test(to be completed within three(3) months of contract commencement), One(1) Annual Inspection, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of.NFPA 25: ................. Monroe County Historic Courthouse 500 Whitehead Street 1_1.1kL04 cost/yr. .Key West, FL 33040 5 y .�-ins e�ction Monroe County Sheriff 5525 College Road I...........1.291.21..............g2afil r. Administration Bldg. Key West, FL 33040 .a_j&QL00_ 5yr. inspection Dept. of Juvenile Justice Building 5503 College Road I.......... Key West, FL 33040 I-LQQQ.00— 5jr. inspection Bayshore Manor 5200 College Road L598.2§ ost/yr. Key West, FL 33040 L500°00 —_ 5 yr. inspection Freeman Justice C enter 302 Fleming Street 'L9 .Key West, FL 33040 5 jr.---inspection Murray Nelson Gore .anent Center 1020500verseas .Highway 1-968.62--cost/yr. Key Largo, FL 33037 !.�00�.00 �5r. jn�section Monroe County Fire Station No. 17 10 Conch Avenue 1 598.26 cost/yr. Conch Key, FL 33050 .......500.00 5vr. ingnection .. Monroe County Fire Station No. .13 390 Key Deer Blvd. 598.26 --cost/yr- Big Pine Key, FL 33043 500.00 .5 yr. irisnection 4 Monroe County Fire Station No 8 6180 2'd Avenue J-5�26 c�qst/ r� Stock Island, FL 33040 500.00 5 yr. ins----"- Ire London Fire Training Academy 56633 Overseas Highway J_59L26 cost/yr- Crawl Key, FL 1_590.00 _ 5 yr. inspection Bernstein Park 6751 5h St. -$--52L26 cost/w. Stock Island, FL 33040 1_52Q.00 5 yr. inspection Monroe County Fire Station No. I Knew) 22352 Overseas Highway 1-52L26 cost/yr. Cudjoe Key, FL 33042 5ffl.00__5 yr. iris ection. — Marathon Library (new) 3490 Overseas Highway $-52L26—cost/yr. Marathon, FL 33050 500,00 �5 r.�ms e�ction WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FA CILITIES, PRIMARIL Y THECO UR THO ASS ES,IT MA Y BE NECESSAR Y TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL B I)SINESS HOURS. All other provisions of Paragraph 5. D. of the Original Agreement,as amended, remain the same. 2. Paragraph 9, RIGHT TO AUDrl,',oft e Original Agreement, as amended is hereby amended by deleting this paragraph in its entirety and replacing it with the following paragraph: 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; ,my other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred 5 I to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of inforination and matters that may in County'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 County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for 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 Monroe County or County Clerk detertnines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 3, Paragraph 14, NONDISCRIMINATIQN&QEAL_EMELQXAIM OPPORTITLITY, of the Original Agreement, as amended, is hereby amended by deleting the first paragraph only in its entirety and replacing it with the following: 14. NONDISCRIMINATION OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any furlher action of the part of any party, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to, 1)Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex,or national origin; 2)Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits 6 discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 US C s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 US C s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. All other provisions of Paragraph 14, as amended, remain the same. 4. Paragraph 21. F., TERMINATION., of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 2 1, TERMINATION F. For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to 7 scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. All other provisions of Paragraph 21, as amended, remain the same. 5® Paragraph 26, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each oft parties. The Contractor and County representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved teat e satisfaction oft e 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 the provisions of Paragraphs 15 or 27 conceming termination or cancellation. 6, Paragraph 38, PUBLIC ENTITY CRIME STATEMENT, of the Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 8 7. Paragraph 44..1, Davis-Bacon Act- of the Original Agreement, as amended, is hereby amended only to add the current Davis Bacon Wage Statement, if applicable and attached hereto as Exhibit 11C—Revised" with that change reflected in the first paragraph of Paragraph 44.1. All other pro-visions of Paragraph 44.1 remain the same. 8. Paragraph 44.7, teriais as set forth in 2 C.F.&J200.322,of the Original Agreement, as amended is hereby amended to correct the citation reference only in the paragraph title to 2 C.F.L.R. §200.323. All other provisions of Paragraph 443 remain the same, 9. Paragraph 45, UNCONTROLLABLE CIRCUMSTANCE of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 45 UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such .party's control., without such Party's fault or negligence and that by its nature could omit have been foreseen by such Party or, if it could have been foreseen, was unavoidable- (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or 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 oft e Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting -work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or 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 likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, 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 resume full performance under this Agreement. The County will riot pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only seek a no cost Change Order or Amendment for such reasonable time a as the Owner's Representative may determine. 10. Tbe Original Agreement, as amended, is ftuther aniended to add the following paragraph as Paragraph 44-21, 1.nergy_ Efficienel, and incorporate it into the Agreement as follows: 9 4411 hgjrgj_ If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L 94-163; 42 U.S.C. §§6201—6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. IL The Original Agreement, as amended, is further amended to add the following paragraph as Paragraph 47, COMMON CARRIER RESPONSIBILITIES.,and incorporate it into the Agreement: 47. COMMON CARRIER RESPONSIBILITIES If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 12. Except as set forth in Paragraphs I through 11 of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLYLEFT BLANK] J[SIGNATURE PAGE TOFOLLOW] 10 :IN WITNESS WHEREOF,.the:Parties hereto have set their hands:and seals the.day and yar:firstt above written... (SEAL}, • ,,^ BOARD OF COUNTY:CO MISSIONERS W era, WA.ttestY: VIN MAD OK CLERK. OF i i.O NROE COI NTY FLORIDA a , . . ter ti, i • 7 l �11�,''i,,(h, Jr L y • ' :it.,,t , '�`' y':_ �`,,� `�` q .. � .. " i': '-',.--7,-„,.,:::':::P.Y.,;,:" ..._..,____:,....,.:.... __...,:.._.:.._....„r_._.,,s.__._____7__ : • . : .,.--,,,,' ..V'6(>%7'. .. (A/.yy\n,.. . : , i, ...::...,......,„,,_.________._. : . . . .-----..-- As Dte uty Clerl�: . Mayor • : :Date: : : .1 \:(1. ZGZL( : : :• .... . Witnesses fir CONTRACTOR:• . c •NTg.ACTOR: • . GARY'S P :M IN FIRE, INC. . A � � CANDFI By, . /. . • : '''. ' ' .L. ' ' ' 1 ' ' : : f k Si ature• f e•rsn authorized to Sign ,r,` : : legally bind CO NTRAC. . TOR i. „ . : : i : ., • i : : . .: ..."."",fs ik 6.7 . C , . • - 7 : eito,s -I.: . -. / a . 1 dif eft. ate. 1 4 •0 . • : 7,' g.,:;,3. .. : I T I 11 : • • '.• • . . .....7_,:,,,-..:__,,,_,,L___Ii_,,;;..: .,...„._—_..__,.•:_,I_.:_.:,_._.____-___.4.,_.,•,_.___.:....„,.._._____:____. " - I at�•_.: : : Print Name _ :Print Na le and Title : : . ' .- ': H : : : Z.: .: I. . .. .i ' 1 Ia.'tilti -‘'ti 4)#'4.1 : ttlei ..1. 3;tt i 1 . c' 1 • : :.,-. _ : ,,__ - _.: .._* .-:, E:. : .:1 ',..,,:., t::::Ls_r_ Fgna: _:7e 3304/0 0 : :7 : i : : : .. . ..- -H- .--,:-=-- : (i12`: .6 " ' . . .. K __ . ' - . _- _ _ : ' ‘ - Lila . ti.e.!lite. ' 'Led+) : ' ' .' : . :305:-. , 9(,,-1,,,oi,3:: : . : ....__ . . . .. . . . .. .. . Date / Print.Name : . Telephone Number 7 1•:•',2,...,:: ‘,1 ' • H ' Hi :i:H.-rt : . :--• - ___ _ • : ; , . : - • .,,-.., . . ,z-_,61, r- . : . Dates. ktONROE COUP ATTOR 1EY':�OFF �R�. ,DSO*.HipiZrel,..: .PATRICIAEAbLES 6 EXHIBIT GG 9 Davis-Bacon tStatement . 30024,C228 IPM FSA,M gov "General Decision Number� FL20240022 03115/2WZ4 Superseded General Decision Number. FL20230022 State: Florida Construction Type: Building County, Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not. include single family homes or apartments up to and including 4 stories). Note: 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 are subject to the Davis,,Bacon Act itself, but do not apply to contracts subject only to the Davis,Bacon Related Acts, including those set forth at 29 CFR 11f the contract Is entered pP Executive Order 1 ii linto on or after lanuary 30, p generally applies to the 12022, or the contract is p contract, ,renewed or extended (e.g., an p. The contractor must pay ,option Is exercised) out or p all covered workers at lafter :1anuary 30, 2022: p least $17-20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. lif the contract was awarded oni. Executive Order 13658 lor between lanuary 2, 7015 andl generally applies to the ,January 29, 2022, and the p contract. [contract is not renewed or j. The contractor must pay ally lextended on or after January j covered workers at least 130, 2022: 1 $12.90 Per hour, (or the applicable wage rate listedl on this wage determinationA if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimun wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work out the contract does not appear, on this wage determination, the contractor must still submit a conformance request. Additional information on contractor- requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/goveontracts. Modification Number, Publication Date 0 01/05/2024 .1 W12/2024 hfips 11sarti gwMage-daterryronalion8FL20240022r2 13 QBQ4.'U 2'28 PM SAM.gov 2 03/15/2024 EILECO'.449— 3 09/431/2023 (Rates Fringes (Rates, Fringes OPERATOR; Crane All. Cranes '75 1ons and below..........................S 37.07 14..90 All Cranes Over 300 Tammy Electric Tower, Luffing IE4 sm .......$ 40.40 1,4.90 Cranes 1.30 :3 39.:343 :14.90 Cranes '76 ton to 129 'Tan.... 37.,57 14.90 IPBON0272- . ...ie/01/2023 (Rates (Fir:noes IRONWORKER, STRUCTURAL AND IRIEINVIFORC:14G..,.....„........ 27,75 15.27 PAaIA0365- 06e+^01/2021, Rates Fringes PAINTER: Brush Only.............. 20.21 12.38 " SFELOS21 001 01/01/2024 Rates Fringes SPRINKLER FITTER (Fire �areRimlk:d ire...................... 32.03 2:3.01 SHElEe032 003 08/12/202:3 ((Rapes Fringes SVUEIF'TME'TM., WORKER (HVAC Duct Installation)n).......................$ 29.'1.0 14.68 -------..------.__ ..._..._............_......... ... ........ �o SUFt.2.009 059 05/22/204.Di) Rates (Fringes CA,IRIPENTEtlR... ........ ....... .... .,.. 15,08 00 5..07 CEMEUR'4' PWLSOHICUD4d¢'.:7RIETE FIHISHER... '12.45 *" 8.00 IFEVKE ERER:,'MR........................... M 0..00 4.A4'O RIE R„ C:¢aww monn or General. 6..62 O..43a LABORER 2 U7:1pe.laayer .......—.,—$ 1.0.49 4Du>EURA'4'4D4k: 43 nr.:Rcpvx,src^/IC::a a:av xlaua^...,,. 1 O..ee OP ERA FM Paver (Asphalt, h0pr,fesimm govewage UiiUrrmtlrngxitiaraud'El.2PY7�tln;IFV�';hi;�` Ad^G Aggregate, and Concrete).........$ 9.58 w'a 9.00 OPERATOR- Pump .............$ 11.69 900 PAINTER. Roller and Sprray... ...$ 11.22 0.00 PL PER..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Riot 'Par and Single Ply.......................$ 24,33 *'° 9,00 SHEET METAL WORKER, Excludes rivdaC Duct Installation...........$ 24,42 TRUCK DRIVER, Includes Dump and 10 Yard Haul Awa,y............$ 8.00 -,...._____________ -... _ ...- -.., _ ..... _.... WELDERS Receive rate prescribed for, craft prerfor'eming operation to which welding is incidental, — Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for moose information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the stakes of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for, Federal Contractors applies to all contracts sub,ject. to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. if this contract is covered by the Ecr, 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 mast be permitted to use paid sick leave for 'their own illness, injury or other health related needs, including preventive care; to assist a Family member (or person who is like .family to the employee) who is ill, injured, or has other health-related needs, Including preventive cared or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the Eo is available at https://www.dol.gov/agencies/whd/governmeott contracts. unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided In the labor standards contract clauses (29CFR 5.5 (a) (1) (111)).. 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 alphabet:ica:1 htun lsem. Mae00-dWerrvrinetimmiR,20240022C2 16 WW4,12-28 IRM SAM order of "'identifiers","° that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""LOAM" denotes that the union classification and rate were prevailing for that classification in the survey. Example; PLUM0198 005 07/03/2034. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers,, 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198, The next number, 005 in the example, is an internal number used in processing the wage determination. 07�01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (COA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "'SU"' identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may Include both union and non-union rates. Example: SULA2012.007 5/13/2014. SU Indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 In the example, is an Internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG Identifier indicate that no single majority rate prevailed for those classifications; however, IOUX of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 00/29/2014. UAVG indicates that the rate Is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2e24 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. kn&ki i N&MOr VWO* nk'A"ven'"'AMPf"IF11 2102CK12"V2 4A 16 M26f2k 12 26 PM SAMoov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conFormance (additional classification avid rate) ruling On survey related matters, Initial contact, including requests for summaries of surveys, should be with the Wage 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 the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question In 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a Full statement of the interested party's position and by any inFormation (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the Issue. 3.) if the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review and U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review and are final. END OF GENERAL DECISION- 5,P5 '17 ADDITIONAL COUNTY FORMS FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 i� m ofthae city ofrvm m,, mrvrvmmmmmmrvrvry according to law on my oath, andunder enalty of penury, depose and say that: „ a° I am PArs of the firmof .., � i, ("Entity"), the bidder makin the Pr ;posal for hie"rojdescribed in the Request for Proposals for ., and that I executed the said proposal with full authaori y to do so; b. The Entity is not owned by-the government of a foreign country of concern as defined in Section 2 7- 3 , Florida Statutes. (Source: §2 7°13 (2)(a), Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 2 7.13 (2)(b), Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: §26 .0 7(2), Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern,as defined in Section 692.201, Florida Statutes,or a subsidiary of such entity. (Source: §2 8.007(2), Florida Statutes), f. Entity is not a foreign principal,as defined in Section 692.201, Florida Statutes. (Source: § 62.202(5)(a)(1), Florida Statutes)® . Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. hb. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) riot a person or entity described in Section 692.204(1)(a), Florida Statutes, or ( ) authorized kinder Section 6 2.204(2),Florida Statutes,-to purchase the subject property.Entity is in comphanc with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692. 03(6)(a), 69 . 04(6)(a), Florida Statutes) L The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relles upon than truth of the statements contained in'this affidavit in awarding contracts for said project. ...� __A .°°°°, � .mn.. (Signature) r Date: STATE OF- P Ri ,,,. mnnnnnnnn,�,mmmmmrrrr M.�nnnnn„�„�„�,�,rr.�mmmmmm»�,�„ COUNTY OF: Mo A , Su bscri bed and sworn to (car Affirine o re me,by means of " physical presence or El online � .... .... ..,�,�,���� (date) by ne�truzatun,o .` (name of affiant). She is personally known to me or has produced tifiati s identification. (type of id ........._j ��r®e OC TIFFANYk IFOLK 1T Y P LI ° � � 7 y Corr mission Expires Expires June 23,2028 19 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT F.S. 908.111 n.,...,, . �� �.,u Z= ,,, re_...,,..._ �... «,.� of e of M...� ." ,m,,. ......... according' tea n1awor, oath and under penalty f perjury, depose and say th° If Contractor is a common carrier,as defined by Section 90 .111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention,removal, or departure of the person from this state or the United States. (Si at se) Printed Warne Date: „ ........, � .......... STATE OF: CO U "I"Y OR , Subscribed and sworn to or affirmed) before me by means of : hysi, l presence air 0 online notarization, on date b� Warne of w ant) '� /She is personally noon to me or has...produ- � �,�( p d (type of identification) as identification. %J TIFFAWKIFOLKS , Exp�res June 2 ,2028 y Commission Expires. 0 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LAPOR OR SERVICES Entity/Vendor Vendor 1 m Vendor's Authorized Representative: � (Name and Title) Address: ,,,,. . .,,,m .,pity „mmmr, ; „ ,mm,. mrm t te: . ... M.I ...mm........ i horse er, Email Address: ,a„ nnn As a nongovernmental eil tityr executing,, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 77. 6, Florida. Statutes. As defined in Section 77e 6(2)(a.), coercion err : l.. Ting or threa.ting to use physical force against any person; 2® Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or hiswill; 5. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the cleft, the length and nature oft e labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; . Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud ordeceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule I of Section 893.03 to any person for the purpose of exploitation of that arson. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section. 7 7. 6, Florida Statutes, .and agrees to abide by same. Certified yr: , who i authorized to sign on eh- f of the above referenced company. Authorized i rrattxre ...................................... m Print Nar Title.... 21 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: p Y P y INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p y Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 000 X EXCESS LAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under AP 1S�C T DESCRIPTION OF OPERATIONS below i( I E.L.DISEASE-POLICY LIMIT $1,000,000 BY_. � AI' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2016777/M1993732 TKM21