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1582 Bean Construction Piggyback Vol Co /` ° i nlA € t LL Tat • RID Wednesday, June 19, 2013 —1877 -4 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk/City Manager RE: Bean Construction Piggy Back with Volusia County No. 13- SQ -62SR CDBG Funding - Services less than $50,000 The item(s) noted below is /are attached and forwarded to your office for the following action(s): n Development Order n Mayor's signature n Final Plat (original mylars) n R - : n Letter of Credit M Rend: 'ng t 2) / O 1 1 Maintenance Bond Safe keeping (Vault �I �"� n Ordinance • De out • ■ . ager n Performance Bond • Payment Bond n Resolution City Manager Signature 1 >1 City Clerk Attest /Signature "�S Once completed, please: n Return originals to Purchasing n Return copies Special Instructions: N Marisol Ordofiez From . -. 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Eastern Time Submit Responses To: Solicitation Contact: County of Volusia Shaira Resto, Procurement - Contracts Manager Purchasing and Contracts Division (386) 822 -5771 Office • Fax (386) 736 -5972 123 West Indiana Avenue, Room 302 E -mail : sresto@volusia.org DeLand, FL 32720 -4608 www.volusia.org RSQ no. 13- SQ -62SR Professional Services for General Contractors for the County of Volusia, Florida The purpose of this request for statement of qualifications (RSQ) is to select the most highly qualified firm(s) to provide the requested services. It is anticipated that multiple firm(s) will be awarded a basic contract to provide the necessary services for a period of three (3) years exercisable at the option of the County. Authorization for performance of services by the selected firm(s) under the basic agreements shall be in the form of written work order signed by the firm, executed and issued by the County. Each project shall be negotiated at the time of the development of the scope of work. Each work order shall describe the services required, state the commencement and completion date of work and establish the amount and method of payment. The work order will be issued under, and incorporate the terms of the basic agreement. The County makes no covenant or promise as to the number of available projects or that the firm will perform any project for the County during the life of the basic agreement. The basic agreement does not authorize the performance of any work or require the County to place orders for work. Expiration of the term of the basic agreement will have no effect upon work orders issued pursuant to the basic agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until completion of the work authorized by the work order. All proposals shall be sealed and delivered or mailed to the County of Volusia Purchasing and Contracts Division Office, Room 302, 123 West Indiana Avenue, 3rd Floor, DeLand, FL 32720 -4608, until 3:00 p.m. on Thursday, March 7, 2013. Proposals received after this deadline shall not be considered for award. DO NOT RESPOND TO THIS SOLICITATION VIA THE VENDOR SELF - SERVICE SYSTEM. PUBLIC PROPOSAL OPENING: A. Pursuant to Section 119.071, Florida Statutes, proposals ( "responses ") and the completed tabulation will be available for inspection within thirty (30) days of response opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or, for inspection of the completed tabulation, go to http: / /vcservices .vcgov.org /bidlistnetl /. The foregoing notwithstanding, if, prior to the County's making responses available for inspection, the County rejects all responses and concurrently provides notice of the County's intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071(1)(b)(3), Florida Statutes, to the extent such Addendum no. 1 RSQ no. 13- SQ -62SR section may apply. B. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the county's ADA Coordinator at 386 - 248 -1760 for assistance, at least two business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the county's ADA Coordinator at 386 - 248 -1760. Read the full ADA Notice under The American with Disabilities Act (Title II). Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II). GENERAL SCOPE OF SERVICE: The County of Volusia is seeking the services of professional certified general contractors for construction and repair services for projects valued at less than $50,000.00 throughout the County of Volusia. Multiple firms will be awarded a contract and all projects will be quoted between the awarded firms. Prospective contractors should be well versed in commercial renovations and repairs, included but not limited to: metal stud framing, drywall installation and finishing, acoustical ceiling installation, interior and minor demolition, all facets of wood and masonry construction, concrete block construction and associated concrete work, finish carpentry and cabinet work, park and beach walkover repairs and re- builds, and other associated trades work as required. QUALIFICATIONS /CERTIFICATIONS: • Certified General Contractor • Minimum 10 years of experience • Location of office facilities and staff within a 50 mile radius of Volusia County • Ability to respond in a timely manner: 2 hours for emergency service, 48 hours for non - emergencies • Recent, current, and projected work load • Listing of sub - contractors currently utilized • Ability to meet time and budget constraints EVALUATION METHOD: The County will appoint a committee consisting of department staff to evaluate the proposals and to make recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting agreement. The County's decisions will be final. Award will be made to the proposal, which presents the best value to the County based on the entire evaluation process and all the information gathered including price /cost. The County may require the short- listed firm (s) to do an oral presentation or have discussions by proposed team relative to their specific experience on similar projects. Although, each member independently examines the proposals prior to the meeting, the short- listing or selection of the firms is determined by the consensus of the committee at the meeting. Note: Respondents are prohibited from contacting any of the contntittee ntentbers, other than the Procurement analyst prior to the recommendation of award front the committee. EVALUATION CRITERIA: The following criteria will be used in the evaluation of the proposals: Qualifications, experience and project approach: D Professional license, certifications, titles, and accomplishments of staff; D Credentials, qualifications and a minimum of 10 years of experience; D Affiliations, memberships, and officers of staff in professional organization; D Number of years prime and sub contractors worked together; D Experience in providing similar projects; D Ability to respond in a timely manner; 2 hours for emergency services, 48 hours for non - emergencies; REVISED PER ADDENDUM NO. 1 Page 2 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR D Overall project approach to support the needs and objectives of the project; D Quality of performance or previous contracts or services; D Whether the firm can perform the contract or provide the service within budget requirements, promptly or within the time specified, without delay or interference; D Quality, availability and adaptability of the contractual services to the particular use required; D Recent, current, and projected work load; D Number of employees, listing of sub - contractors, and adequacy of personnel; D Sufficiency of the financial resources and ability of the firm to perform the contract or provide the services; D Character, integrity, reputation, judgment, and efficiency of the firm; D Previous and existing compliance by the firm with laws and ordinance relating to the contract or services; D Location of office facilities and staff within a 50 mile radius from Volusia County. Note: The County reserves the right to evaluate, prior to making an award, current financial statements and data from the applicants, the ability to comply with required schedule, past record of integrity and record of performance. ASSESSMENT: The committee will evaluate each proposal against the requirements of the solicitation using the following: Strengths: Those areas in which the proposal exceeds the County's requirements. Weaknesses: Those areas where the proposal lacks soundness or effectiveness which could prevent fully successful performance of the contract. Risk/Deficiencies: Those areas where the proposal fails to meet the County's requirements. QUESTIONS/EXCEPTIONS: It is incumbent upon each respondent to carefully examine this solicitation's specifications, scope of work/service, terms and conditions, and draft consulting contract. Questions and exceptions concerning any section of this solicitation shall be directed by letter, facsimile transmission (386- 736 -8922) or by e -mail to the Procurement Analyst named above, who shall be the official point of contact for this solicitation. Questions and exceptions shall be submitted no later than fourteen (14) days before the closing date. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and respondents' right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given and oral representations will not be binding 011 the County. If it becomes necessary for the County to revise any part of this solicitation, an addendum will be posted on the County's web site. It is each respondent's responsibility to check the Volusia County web site at http: // vcservices .vcgov.org /bidlistnetl for any addenda. Each respondent should ensure that they have received all addenda to this solicitation before submitting their proposal. In their proposals, respondents must provide proof of receipt of each addendum by signing each addendum and returning each addendum to the County. Failure to provide this proof may cause respondent's proposals to be rendered non - responsive. Each addendum issued by the County shall become a material part of this solicitation and shall be the final decision on the subject of the addendum. PROPOSED SCHEDULE: 02/01/13 Release date for Request For Qualification 02/21/13 Final date to receive written questions 03/07/13 Closing Date REVISED PER ADDENDUM NO. 1 Page 3 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR TBD Tentative date for Evaluation Committee meeting TBD Tentative date for Presentations by short listed firms TBD Tentative date for County Council approval WAIVER: The County of Volusia reserves the right to reject any or all proposals, to waive informalities and to accept all or any part of any proposal as may be deemed to be in the best interest of the County. AWARD: The County reserves the right to award the contract to the respondent(s) that the County deems to offer the most responsive and responsible proposal(s), as defined elsewhere in this solicitation. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this RSQ, to reject any /all proposals, to waive any /all informalities and/or irregularities, or to re- advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejected/rebidding when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County's best interest. INSURANCE REQUIREMENTS: 1.0. Reguired Types of Insurance: The Contractor shall purchase and maintain at its own expense, during the term of this Contract the following types and amounts of insurance with limits no less than those shown below, in the form and from companies satisfactory to the County: SCHEDULE LIMITS Workers' Compensation Florida Statutory Coverage Employers Liability $100,000. Each Accident (including Appropriate Federal Acts) $500,000. Disease Policy Limit $100,000. Each Employee /Disease Commercial General Liability $2,000,000. General Aggregate Products - Completed Operation $2,000,000. Products /CompOps Aggregate $1,000,000. Each Occurrence Independent Contractors $50,000. Fire Damage $5,000. Medical (The County of Volusia shall be named as an additional insured under all of the above Commercial General Liability coverage.) Auto Liability $1,000,000. CSL All autos - owned, hired or no -owned (Symbol 1 Coverage) r 1. 1.0.1. Minimum underlying coverage's shall include Commercial General Liability, Automobile Liability and Workers' Compensation/Employer's Liability. Umbrella liability limit will not be required to be carried by subContractors. REVISED PER ADDENDUM NO. 1 Page 4 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR 1.0.2. Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverage's /policies that are included. 1.0.3. Workers' Compensation Insurance. Workers' Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide Work or Services under this Contract or that is in any way connected with Work or Services performed under this Contract, without exclusion for any class of employee, and shall comply fully with the Florida Workers' Compensation Law (Chapter 440, Florida Statutes, Workers' Compensation Insurance) and include Employers' Liability Insurance with limits no less than the statutory amount shown above per occurrence. 1.0.3.1. Contractor and its SubContractors, or any associated or subsidiary company doing Work on County property or under this Contract must be named in the Workers' Compensation coverage or provide proof of their own Workers' Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer's liability coverage. Further, if the Contractor's SubContractors fail to obtain Workers' Compensation insurance and a claim is made against the County by the uncovered employee of said SubContractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney's fees and costs arising under said employee(s) Workers' Compensation insurance claim(s). 1.0.4. Commercial General Liability Insurance. Commercial General Liability insurance, with a limit of not less than the amounts shown above with an aggregate limit and per occurrence basis, including coverage for the Contractor's operations, independent Contractors, SubContractors and "broad form" property damage coverage's protecting itself, its employees, agents, Contractors or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, or personal or advertising injury, products liability /completed operations including what is commonly known as groups A, B, and C (libel, false arrest, slander). Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its SubContractors arising from Work or Services performed under this Contract. Public liability coverage shall include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor's contract to indemnify, and hold harmless the County as provided in this Contract. The commercial general liability policy shall be endorsed to include the County as an additional insured. The commercial general liability policy shall provide exclusive coverage for the location or project site where the Work or Services are to be performed under this Contract. In the alternative, the commercial general liability policy shall be endorsed to provide the designated aggregate per location endorsement or equivalent on a form approved or requested by the County Risk Manager. 1.0.5. Motor Vehicle Liability. The Contractor shall secure and maintain during the term of this Contract, motor vehicle coverage in the split limit amounts of no less than the amounts shown above per person, per occurrence for bodily injury and for property damage or a combined single limit of the amount shown above (including "Any Auto" Symbol 1 coverage), protecting itself, its employees, agents or lessees, or subsidiaries and their employees or agents against claims arising from the ownership, maintenance, or use of a motor vehicle. 1.0.6. Primary and Excess Coverage. Any insurance required may be provided by primary and excess insurance policies. 2.0. General Insurance Requirements: REVISED PER ADDENDUM NO. 1 Page 5 of 28 Addendum no. 1 RSQ no. 13 -SQ -62SR 2.0.1. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. 2.0.2. Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of Work or Services by the Contractor or its SubContractors for the entire term of this Contract and for such longer periods of time as may be required under other clauses of this Contract. 2.0.3. Waiver of Subrogation. The Contractor hereby waives all rights against the County and its SubContractors to the extent of the risk coverage by any insurance policy required hereunder for damages by reason of any claim, demand, suit or settlement (including workers' compensation) for any claim for injuries or illness of anyone, or perils arising out of this Contract. The Contractor shall require similar waivers from all its SubContractors. This provision applies to all policies of insurance required under this Contract (including Workers' Compensation, and general liability). 2.0.4. County Not Liable for Paying Deductibles. For all insurance required by Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor's business or any SubContractor performing Work or Services on behalf of the Contractor or for the Contractor's benefit under this Contract. 2.0.5. Cancellation Notices. During the term of this Contract, Contractor shall be responsible for promptly advising and providing the County's Risk Management and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County under this Contract within two (2) business days of receipt of such notice or change. 2.0.6. For any on -site Work performed by or on behalf of Contractor on County property, the County shall be named as an additional insured or additional named insured subject to review and determination by County's Risk Manager on all policies required under this Contract. 2.0.7. Deductibles. Contractors that maintain and administer a self - insured retention or a large deductible program exceeding the insurance requirements listed in this solicitation using a formal program to fund either program may submit an exception in accordance with Section Questions /Exceptions re: Bid #13 -SQ -62SR to be considered for this solicitation. must include a summary of the program's design, funding method, request y p g g g > and the program's supporting financial information. If additional information is necessary, the County will request more specific information, which must be provided by the Contractor. The County's Risk Manager will review the information submitted and determine whether the program is acceptable to the County. Contractor with no formal risk management program in place to manage and fund deductibles or self - insured retentions may not be considered. Subject to County approval, Contractor may obtain a letter of credit in the amount equivalent to the deductible, which shall remain in effect during the term of the Agreement at no additional cost to the County. 3.0. Proof of Insurance REVISED PER ADDENDUM NO. 1 Page 6 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR 3.0.1. The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates. 3.0.2. The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of this Contract and the Contractor shall not commence Work or provide any Service until the Contractor has obtained all the insurance required under this Contract and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall furnish copies of the following types of insurance policies and any changes or amendments thereto, immediately, to the County and County's Risk Management and Purchasing and Contracts Divisions, prior to the commencement of any contractual obligations. This Contract may be terminated by the County, without penalty or expense to County, if at any time during the term of this Contract proof of any insurance required hereunder is not provided to the County. 3.0.3. All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Article. No Work or Services by Contractor or its SubContractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor agrees that the County shall make no payments pursuant to the terms of this Contract until all required proof or evidence of insurance has been provided to the County This Contractor may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County. 3.0.4. The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of this Contract. In the event such insurance lapses, the County expressly reserves the right to renew the insurance policies at the Contractor's expense or terminate this Contract but County has no obligation to renew any policies. 4.0. The provisions of this Article shall survive the cancellation or termination of this Contract. INDEMNIFICATION: 1.0. Personal Injury and Property Damage. The Contractor shall, at its own expense, indemnify and hold harmless County and its public officials (elected and appointed), successors and successors in interest, officers, agents, attorneys, and employees from and against all claims of every kind and nature (including losses incurred or suffered in consequences either of bodily injury to any person or damage to property), damages, losses and expenses including reasonable attorney's fees to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and its subContractors or sub- subContractors or agents performing Work or Services under this Agreement or a Task Assignment, caused in whole or in part by any negligent act or omission of Contractor, any of Contractor's subContractors or sub - subContractors, anyone employed by any of them or anyone for whose acts any of them may be liable, except the Contractor will not be required to indemnify and hold the County harmless if such claim, damage, loss and expense is the result of the sole negligence of the County, or of anyone directly or indirectly employed by the County or anyone for whose acts the County may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Agreement. 2.0. In all claims against the County or any of its public officials (elected and appointed), successors and successors in interest, officers, agents, attorneys, and employees by any employee of Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor, SubContractor or Sub - subContractor under workers' compensation acts, disability benefit acts or other employee benefit acts. REVISED PER ADDENDUM NO. 1 Page 7 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR 3.0. The terms "proprietary software, sensitive information" and "trade secret" shall constitute Confidential Information and shall be that which is defined in and exempt from disclosure pursuant to Florida Statutes, Chapter 119, and Article I, Section 24 of the Florida Constitution ( "Florida Public Records Law "), and Chapter 812 of the Florida Statutes or their successors. In addition and for the purposes of an Agreement, Confidential Information shall include confidential information and/or trade secret information disclosed by Contractor to County that is expressly identified in writing by Contractor and Contractor's SubContractors or Sub - subContractors. Any Confidential Information provided to County by Contractor must be expressly identified in a "Nondisclosure Agreement for Confidential Materials" form which Contractor may obtain from the County's Purchasing Division. 3.0.1. Confidential Information and/or Trade Secret do not include the following: 3.0.1.1. Information already known or independently developed the party in possession; or 3.0.1.2. Information in the public domain through no wrongful act of the party in possession; or 3.0.1.3. Information received by the party in possession from a third party who was free to disclose it; or 3.0.1.4. Information regularly disclosed to third parties without restriction on disclosure; or 3.0.1.5. Information required to be disclosed by law or an order of a court of competent jurisdiction. 4.0. Confidential Information and Infringement. If Contractor is licensing, or developing software (including derivative works) for use by the County, Contractor grants County a perpetual, fully -paid, non - assignable, non - exclusive, royalty -free license to use Contractor's software deliverables developed or licensed under an Agreement. Said license includes software owned by Contractor which is furnished under an Agreement, for County's internal use with such use to include the right to modify such deliverable(s) and to create derivative works for such internal use including without limitation the right to use such deliverable(s). 5.0. If Contractor is licensing, providing or developing software, including derivative works for use by the County, Contractor agrees to protect and indemnify and hold harmless the County, its agents, elected officials and employees of the County from and against any and all claims, demands, actions, and causes of action which may arise asserting that all or any part of the Contractor licensed applications provided under any software owned by Contractor and licensed to County or provided by Contractor for use thereof by the County, infringes or misappropriates any third party's United States patent, copyright or any trade secret protected under United States law. 5.0.1. In addition to the foregoing indemnification provision, Contractor shall also take the following steps to assure that County can continually use the software which Contractor has directly licensed to County or provided for use thereof by the County in substantially the same manner delivered or subsequently enhanced or modified by: 5.0.1.1. Promptly replace the allegedly infringing or misappropriated item or items with compatible, functionally equivalent items which are not alleged to be infringing or misappropriated; or 5.0.1.2. Promptly modify the alleged infringing or misappropriated item or items to eliminate the alleged infringement or misappropriation without impairing County's intended use of the Licensed Applications and/or Sublicensed Applications in any manner; or REVISED PER ADDENDUM NO. 1 Page 8 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR 5.0.1.3. Promptly procure the right for the County to continue to use the Licensed Applications and/or Sublicensed Applications without modification; and 5.0.1.4. Unless otherwise by agreed parties, promptly reed b the arties, shall mean for the purposes of this Section that the events described herein shall occur in no less than sixty (60) days from the date that notice of the claim is received by Contractor unless otherwise agreed by the Parties. 6.0. In the event that Contractor does not enable the County to use that which Contractor has delivered through accomplishing one or more of the alternatives set forth in above within aforementioned time period set forth herein during the term of an Agreement, Contractor shall be in material default of an Agreement and subject to Termination. 7.0. If Contractor is granting a license or develops software for the County under this Agreement, it hereby warrants and represents that: 7.0.1. Contractor is the sole owner of all right, title, and interest in and to the Contractor licensed software, user manuals and documentation, including all patents, copyrights, copyright rights, trade secrets, trademarks, trade names and all proprietary and intellectual rights and confidential information contained therein, and that it is authorized to enter into an Agreement and grant County a perpetual license; and 7.0.2. No portion of any licenses or right granted to the County to use Contractor's software pursuant to the terms of the applicable software license agreement of Contractor for any work performed under an Agreement violates or is protected by right, title, interest or similar right of any third person or entity. 8.0. Payment of Contractor's SubContractors or Sub - subContractors. Contractor shall save and hold the County harmless from any and all claims or actions by Contractor's SubContractors or Sub - subContractors for payment of monies such SubContractor or Sub - subContractor claims to be owed by Contractor for Work performed under an Agreement. 9.0. Nothing in an Agreement shall create any obligation on the part of the County to pay directly to any SubContractors or Sub - subContractors of Contractor any monies due to such SubContractor or Sub - subContractor or claims of a SubContractor or Sub - subContractors for amounts owed by Contractor to SubContractor or Sub - subContractor for Work performed under an Agreement. LIMITATION OF LIABILITY AND REMEDIES: 1.0. Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any Article of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity of limits of liability of County beyond any statutory limited waiver of immunity of limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and the cap on the amount and liability of County for damages regardless of the number or nature of claims in tort, equity or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit on any third party for the purpose of allowing any claim against County which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. 2.0. If Contractor should become entitled to claim damages against the County for breach of contract arising from an Agreement, County will be liable only for the amount of Contractor's actual direct damages up to the amount of an Agreement that is the subject of the claim. In no event shall either Party be liable to the other REVISED PER ADDENDUM NO. 1 Page 9 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR for any incidental, indirect, special, punitive or consequential damages even if the Party knew or should have known about the possibility of such damages for violations of any provision of an Agreement. CONCERNING SUBCONTRACTORS AND SUB - SUBCONTRACTORS: 1.0. Contractor shall not employ any SubContractor, or Sub - subContractor other person or organization of against whom the County may have reasonable objection, nor shall Contractor be required to employ any SubContractor or Sub - subContractor against whom it has reasonable objection. Contractor shall not make any substitution for any SubContractor or Sub - subContractor who has been accepted by the County without the County's approval. 2.0. County's disapproval or requirement of removal or replacement of Contractor `s employee or SubContractor or Sub - subContractor shall be deemed for lawful reasons if in County's reasonable judgment, such Contractor's employee or SubContractor or Sub - subContractor poses a threat or causes harm to the health, welfare, or safety, or morale of the County or its agencies, personnel or property or who fails any drug test administered in connection with an Agreement, or who has been convicted of a felony or a misdemeanor involving "moral turpitude" or has been released or dishonorably discharged or separated under conditions other than honorable under other than honorable conditions from any of the Armed Forces of the United States. 3.0. Contractor shall be fully responsible for all negligent acts and omissions of its SubContractor or Sub - subContractor and of persons directly or indirectly employed by them and of persons for whose negligent acts any of them may be liable to the same extent that it is responsible for the negligent acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any SubContractor or Sub - subContractor and the County or any obligation on the part of the County to pay or to see to the payment of any moneys due any SubContractor or Sub - subContractor, except as may otherwise be required by law. County may furnish to any SubContractor or Sub - subContractor to the extent practicable, evidence of amounts paid to Contractor on account of specific work done in accordance with the schedule of values. 4.0. Contractor agrees to bind specifically every SubContractor to the applicable terms and conditions of the Contract Documents and the terms and conditions of Definitions, Order of Precedence, Scope of Work and Local Government Policies of an Agreement for the benefit of the County. 5.0. The Contractor shall require all SubContractors or Sub - subContractors or outside associates employed in connection with the performance of an Agreement to comply fully with the terms and conditions of an Agreement between the County and the Contractor. 6.0. Any SubContractors or Sub - subContractors and/or outside associates required by the Contractor in connection with the services covered by the Agreement will be limited to such individuals or firms as are specifically identified for the Project assigned under an Agreement. Any substitution of such, SubContractors, Sub - subContractors or associates will be subject to the prior written approval of the County Project Manager. AUTHORIZATION FOR SERVICES: 1.0. No Guarantee to Perform Projects. The County makes no covenant or promise as to the number of available Projects, nor that, the Contractor will perform any Project for the County during the life of a continuing services agreement. The County reserves the right to contract with other parties for the services contemplated by an Agreement as determined in the County's sole and absolute discretion. 2.0. A continuing services agreement standing alone does not authorize the performance of any Work or Services REVISED PER ADDENDUM NO. 1 Page 10 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR to be provided by the Contractor or require the County to place any orders for Work or a Service. Authorization for performance of professional services by the Contractor under a continuing services agreement shall be in the form of written Task Assignments issued and executed by the County and signed by the Contractor. Each Task Assignment shall describe the Services required, state the dates for commencement and completion of the Work, and establish the amount and method of payment. 3.0. Certifications for Completed Work. Contractor shall sign and seal (hereinafter "Certification ") all completed Work under an agreement or Task Assignment as required as a licensed professional or under Florida law; otherwise, the County Project Manager shall not have the authority to approve completed Work or Services and Contractor shall not be entitled to payment for the Work or Services covered by uncertified Work. In the event the County Project Manager accepts and approves completed Work bearing no such certification by the Contractor, such acceptance and approval shall not relieve Contractor or its SubContractors or Sub - subContractors or agents of any liability for any defects, omissions or errors in the Deliverables of completed Work until such work is certified by Contractor. TERMINATION: 1.0. The performance of Work or Services under an Agreement may be terminated by the County in accordance with this clause in whole or from time to time in part, upon at least thirty (30) days prior written notice to Contractor whenever the County shall determine that such termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under an Agreement is terminated, and the subsequent date upon which such termination becomes effective. 2.0. County may terminate an Agreement in whole or part for convenience at will or for non - appropriation of funds by County. Upon receipt of such notification, Contractor shall inform County of the extent to which performance is completed and unless notified in writing by the County otherwise, the Contractor shall take no further steps towards completion of the Project. Upon payment by County, Contractor shall deliver to County any and all completed Deliverables and Deliverables -in- progress that then exist for the Project. If the County terminates the Project due to the Contractor's failure to meet a completion deadline as set forth in an Agreement, the County may seek the services for the Project from another Contractor and no sums shall be due to the Contractor as a result of any work or services that have been performed by the Contractor for the Project. 3.0. After receipt of a Notice of Termination as set forth in above, and except as otherwise directed by the County, the Contractor shall: 3.0.1. Stop work under an Agreement on the date and to the extent specified in the Notice of Termination. 3.0.2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under an Agreement, as it is not terminated. 3.0.3. Terminate all orders and subcontracts pursuant to this Article to the extent that they relate to the performance of Work or Services terminated by the Notice of Termination. 3.0.4. Assign to the County, in the manner, at the times and to the extent directed by the County, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the County shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. 3.0.5. With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. County's REVISED PER ADDENDUM NO. 1 Page 11 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR approval of such settlements shall be final for all the purposes of a termination under the Article. In addition, Contractor shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County: 3.0.5.1. The sketches, calculations, reports, models, studies and other Work -in- process, completed Work or Services, supplies, and other materials produced as a part of, or acquired in connection with the performance of the Work or Services terminated by the Notice of Termination; and, 3.0.5.2. The completed or partially completed designs, plans, drawings, information, and other property, which, if the Agreement has been completed, would have been required to be furnished to the County. 3.0.6. Contractor shall complete performance of such part of the Work or Services as shall not have been terminated by the Notice of Termination. 3.0.7. After receipt of a Notice of Termination, the Contractor shall submit to the County its termination claim, in the form and with a certification as prescribed by the County. Such claim shall be submitted promptly but in no event later than thirty (30) days from the effective date of termination, unless one (1) or more extensions in writing are granted by the County, upon request of the Contractor made in writing within such thirty (30) day period or authorized extension thereof. Upon failure of the Contractor to submit its termination claim within the time allowed, the County may determine on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall there upon pay to the Contractor the amount so determined. 3.0.8. Subject to the provisions of set forth above, the Contractor and the County may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this Article which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts exclusive of settlement costs, shall not exceed the total contract price or Compensation as reduced by the amount of payments otherwise made and as further reduced by the contract price of Compensation for Work not terminated. As such, the Agreement shall be amended accordingly and the Contractor shall be paid the agreed amount. Nothing herein, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the County to agree upon the whole amount to be paid to the Contractor by reason of the termination of Work or Services pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor. 3.0.9. In the event of the failure of the Contractor and the County to agree as provided in Section 6.3.8. above upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Article, the County shall pay to the Contractor the amounts determined by the County as follows, but without duplication of any amounts already agreed upon by the parties. 3.0.9.1. For completed Work or Services accepted by the County, the price or prices or Compensation specified in the Agreement for such work, less any payments previously made. 3.0.9.1.1. Notwithstanding Fixed Fee or Price and Guaranteed Maximum- Not -To- Exceed Compensation the total compensation shall include the total of the following: 3.0.9.1.1.1. The costs incurred by the Contractor in the performance of REVISED PER ADDENDUM NO. 1 Page 12 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR the Work and Services terminated, including initial costs and preparatory expenses allocable thereto, but exclusive of any costs attributable to the Work and Services paid or to be paid for under Sections 3.8 and 3.9.1. hereof; 3.0.9.1.1.2. The cost of settling and paying claims arising out of the termination of Work or Services under subcontracts or orders as provided herein, which are properly chargeable to the terminated portion of the Agreement exclusive of amounts paid or payable on account of work or services delivered or furnished by SubContractors or Sub - subContractors prior to the effective date of termination, which amounts shall be included in the costs payable herein; and, 3.0.10. An Agreement may be terminated by the Contractor if the Contractor provides a minimum of thirty (30) days written notice to the County's Director of Purchasing and Contracts. In the event the Contractor breaches any of the terms and conditions of an Agreement and after receipt of notice from the County of said breach and time to cure the same the Contractor fails to cure the breach, the County may take over the Work and Services and complete the Work or Services; or otherwise, the Contractor shall be liable to the County for any increased cost of the Project reasonably incurred by the County in the process of completing the Contractor's unfinished Work and Services. As such, County may apply unpaid Compensation due and owing to the Contractor prior to the default as a set off against the costs incurred by the County for taking over such Work or Services. 3.0.11. In the event that there is a partial termination of an Agreement by the County or Contractor because of nonappropriation by County, subject to Term of Contract and Contract Price and Compensation, Contractor shall be paid in accordance with terms of this Article, to the date of termination on a prorated basis for any task, milestone, or Deliverable started but not completed which were designated for payment on a payment schedule provided to the County prior to the commencement of work on the task, milestone or Deliverable which is the subject of the partial termination. County's obligation to pay Contractor under an Agreement is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of an Agreement and is otherwise limited to legally available non -ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Contract Price and Compensation. Contractor and County shall be obligated to continue performance under an Agreement for the work or services within the Scope of Work or Services under an Agreement which is not the subject of the partial termination by nonappropriation. 3.0.12. If termination of an Agreement occurs for any reason: 3.0.12.1. The County shall continue to have the unfettered right to use or access any license, designs, plans, or exhibits, any of the Deliverables or work products from tasks or milestones, arising under that Agreement and produced pursuant to the Contract Documents for which the County has paid prior to termination of an Agreement or for which County makes payment after termination of an Agreement. 3.0.13. Except as otherwise provided in an Agreement, Contractor shall return to the County all County Confidential Information in Contractor's possession and Contractor shall certify in a written document signed by the Contractor that all such information has been returned. 3.0.14. Except as provided in Section 3.12.1, the County shall return to Contractor or destroy all REVISED PER ADDENDUM NO. 1 Page 13 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR Contractor's Confidential Information in the County's possession (including, without limitation, all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, equipment or other documents or property relating to such Contractor's Confidential Information and all copies of any of the foregoing (in whatever medium recorded)) and all Third -Party Products in its possession not yet accepted and not yet paid for in full together with all copies of documentation and other material related thereto, and shall certify in a written document signed by the County Project Manager that all such information and material has been returned or destroyed. 3.0.15. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Term of Contract, Contract Price and Compensation, and this Article, the County shall cause payments to be made to Contractor within thirty (30) days of receipt of invoice. Contractor shall invoice the County for any sums Contactor claims to be owed by County under an Agreement for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within thirty (30) days. 3.0.16. In the event of termination by the County for nonappropriation, for all items or products ordered by Contractor before receipt by Contractor of the Notice of Termination which Contractor could not cancel without imposition of a fee, the County shall cause payments to be made to Contractor within thirty (30) days of receipt of an undisputed invoice for all cancellation, restocking or residual fees resulting from the cancellation or return of third party products ordered from or shipped by the vendor thereof prior to the effective date of the termination. 3.0.17. All provisions of an Agreement which imposes or contemplates continuing obligations on a party will survive the expiration or termination of an Agreement. ASSIGNMENT AND ASSUMPTION: Contractor may not assign or otherwise convey Contractor's rights and/or obligations under this Contract without first providing County with a processing fee of Five Hundred Dollars (US$500.00) and obtaining County's prior written consent, which consent County may withhold, limit and/or condition in County's sole discretion, including, but not limited to posting a performance bond. Any consent by the County under this section shall be by written amendment to the Contract in a form and substance specified by the County in its sole discretion. If Contractor desires to assign or otherwise convey its rights and/or obligations under this Contract, Contractor shall, no less than one hundred twenty (120) days prior to the assignment's proposed effective date, provide County with a written request for County's consent. Failure by the Contractor to obtain the County's consent in accordance with this section prior to assignment or other conveyance shall: 1) constitute a material breach of the Contract; and 2) entitle the County to retain any and all legal rights, claims and defense to enforce this section, including, but not limited to, injunctive, declaratory, damages and attorney's fees and costs. Payment of any sum by the County in accordance with the Contract to the Contractor or any person or entity prior to the Contractor obtaining the County's consent to the assignment shall not constitute a waiver of the rights of the County under this section. Nothing herein shall preclude the right of the County to waive its rights under this section but no waiver shall be granted by the County without amendment to the Contract. The Contractor is hereby placed on notice that the County may demand a discount of up ten percent (10 %) from those rates or compensation for the goods or services established in the Contract as a condition to execution of the amendment. PROPOSAL REQUIREMENTS: Firms interested in providing the required professional services shall submit: one (1) permanently secured binder (not loose leaf) marked "ORIGINAL," five (5) secured binders (not loose leaf) each marked "COPY," and one (1) complete, labeled electronic copy on a compact disc in PDF format, of the requested qualification data for evaluation. REVISED PER ADDENDUM NO. 1 Page 14 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR DO NOT SEND CONFIDENTIAL, PROPRIETARY INFORMATION OR TRADE SECRETS Proposals shall be clear, concise, indexed by subject, typed on letter size paper, and individually bound. Proposals shall be mailed or delivered in a sealed package clearly marked on the outside with the project name, invitation number, and due date. Packages shall be received in the Volusia County Purchasing and Contracts Office by the advertised deadline. Delivery of a package to any County location other than the Purchasing & Contracts Office does not constitute official receipt by the County. Any package delivered after the advertised deadline will not be considered. Failure to provide the required copies and information may result in the proposal not being considered. COUNTY LOGO: The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in this solicitation permits or shall be construed as authorizing Respondent to use or display County's Intellectual Property on Respondents submittal documents or proposal (including any exhibits attached thereto) submitted to County by or on behalf of Respondent in response to this solicitation. The County has the right to redact the County Logo displayed on any proposal submitted. Tab 1: Letter of Interest Respondent shall submit a letter of interest signed by a corporate officer or principal or an authorized representative of the prime Contractor authorized to obligate the firm and/or joint venture contractually. The letter shall include the business address, telephone number, facsimile number, e-mail and the name of the prime Contractor or joint venture that the County can contact for additional information. The respondent or authorized representative is attesting that the information provided is current and factual and that all firms on the proposed team agree to work on the project together. Tab 2: Company Profile Respondent shall provide a brief profile of their company, which should include their firm's legal name (former name, if applicable); history; business structure; designation of the legal entity by which business operates (sole proprietor, partnership, corporate, LLC, etc.); type of ownership (small business, small disadvantaged business or women -owned business); length of company's existence; locations of their parent company, branch or subsidiary and proposed project team; total number of personnel including personnel by discipline; and average annual revenue for the past five (5) years. Tab 3: Project Team 1. Prime Contractor: Professional staff (name, project role, business address, phone number, and e -mail address) including job skills, education (degree and specification), professional training, total years experience, years experience with current firm, professional registration, and other professional qualification. The respondent shall state the percent of prime's business performed by their sub Contractor [A maximum of five (5) single - sided pages for this section]. 2. Sub Contractors: same as above including number of years experience working with the respondent, percent of sub Contractor's business performed for prime and past relationships [A maximum of three (3) single - sided pages for this section]. 3. Organizational chart: One (1) single - sided page maximum of the proposed team (prime & sub Contractors). Tab 3 shall not exceed 9 pages, single- sided. If tab 3 contains more than nine (9) pages as indicated, your proposal may be considered non- responsive. Tab 4: Financial Stability /Litigation: Respondent shall provide a statement certifying that they are financially stable and have the necessary resources, human REVISED PER ADDENDUM NO. 1 Page 15 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR and financial, to provide the services at the level required by the County of Volusia. Respondent shall also list any lawsuits in which their team (firm & sub - Contractors) are involved relative to the services performed or failed to perform over the last five (5) years. The respondent shall also list any work in which their team failed to complete in the last five (5) years and describe when, where, how and why of such failure, including listing any officer or partner of their team who in the last five (5) years failed to complete a contract handled in his /her name and discuss the reasons. The companies Dunn & Bradstreet number shall be included. Tab 5: Similar Projects and References (the information provided under this tab, must be current and the County must be able to contact references for verification as part of the evaluation process) Unless specifically asked by the County, the County of Volusia shall not be listed as a reference. The respondent shall provide examples of similar projects which best illustrates the proposed team's qualification for the scope of services. Respondent shall state the project title; location; owner name, address, and telephone number; years completed; project cost; brief description of project and relevance to this RSQ including the role of the proposed team. [A maximum of six (6) single -sided pages in this section]. Provide a client reference for each of the representative projects including project name, client name, address, contact name and phone number and email address. It is the firm's responsibility to ensure email addresses provided are current and accurate. (Use Attached Reference Form). Tab 6: Project Approach Respondent shall explain their internal process, which includes their proposed team, for responding to request for work their method for quality control [A maximum o two (2) single-sided pages in this section]. thei met o [ f O . g p g ] g q Y Tab 7: Documentations Addenda: The signature page of any and all Addenda. Business Registration. If required, respondent shall be registered with the Florida Division of Corporation to do business in the State of Florida. The respondent shall submit copies of their corporation, limited liability company, limited partnership, general partnership or fictitious name registrations with their submittals. Professional Certification/Licenses: Respondent and their subContractors /subcontractors shall have a current professional license from the appropriate governing board to practice in the State of Florida at the time of its submittal. Respondent and their subContractors shall submit with their submittal copies of their professional license. Authorized Representative /Joint Ventures: Respondents submitting letter of interest from an authorized representative shall provide additional documentation from the corporate officer or principal authorizing the representative to bind the firm to a contract. Joint ventures shall submit a statement of participation by a principal of each member of the joint venture with their proposal. Business Tax Receipt (BTR) (formerly known as "Occupational license "). A respondent who is currently required to have a Business Tax Receipt (BTR) at the time of the submittal shall provide a copy of their current BTR in their response to this solicitation. There are two exceptions to this bid submission requirement: 1) If the firm's business does not have a physical location in Volusia County, no submission is required, or REVISED PER ADDENDUM NO. 1 Page 16 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR h firm's business type is exempted, s ubmit a Proof of Exemption approved by the Volusia County If the yp p P pP Y Y Revenue Director (see Proof of Exemption form). See http: / /www.municode. corn / resources /gateway.asp ?pid = 11665 &sid =9 for Ch. 114, Article I, Sect. 114 -1 of the Volusia County Code of Ordinances. Proof of Exemption, if applicable: The Proof of Exemption mentioned above is included as an attachment to this request for qualifications. Respondents who are exempt shall submit the approved Proof of Exemption with their proposal. of insurance coverage or proof of insurability All respondents shall submit evidence g p y with their submittal. Upon the approval of an award, respondent shall then furnish to the County a certificate of insurance attesting that the firm has coverage in accordance with the requirements set forth h in the contract. Notice of Election to be Exempt/Hold Harmless Agreement, if applicable: Respondents that are exempt under the Florida worker's compensation law in Chapter 440.02 Florida Statutes shall provide a copy of their "Notice of Election to be Exempt," if applicable or Hold Harmless Agreement for each person exempt and proof of coverage for non - exempt employees. The hold harmless agreement is included as an attachment to this request for qualifications. Said agreements shall be returned with the proposal as detailed in the proposal requirements (Note: When completing the form, leave the contract date blank) Conflict of Interest Disclosure: Respondent shall properly complete, notarize and include with their proposal the attached disclosure statement of any potential conflict of interest that the firm may have due to ownership, other clients, contracts or interests associated with this project (See the attached form included in this package). Prohibition Against Contingent Fees: Respondent shall properly complete, notarize and include with their proposal the attached disclosure statement certifying that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this agreement (See the attached form included in this package). Public Entity Crime and Discriminatory Vendor List: Respondents shall complete and include with their proposal the attached disclosure statement certifying that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005). Additionally, respondent shall also certify that respondent, respondent's subcontractors /subContractors and respondent's implementer, if any, is not under investigation for violation of such statutes (the attached forms "Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions" and the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" shall be completed by the prime Contractor and all subContractors of the project team). Drug - Free Work Place: Respondents shall complete and include with their proposal the attached form certifying compliance with Florida Statute 287.087 (See "Drug - Free Work Place " form). Vendor Registration: If the respondent is not registered with the County, respondent shall go to the County web site at www.volusia.org /purchasing and register. Respondents who are newly registered with the County shall complete and sign the attached TIN and Certification form to activate their registration (See "Taxpayer Identification Number (TIN) and Certification). END OF PROPOSAL REQUIREMENTS REVISED PER ADDENDUM NO. 1 Page 17 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR GENERAL INFORMATION: CONFIDENTIAL INFORMATION: Do not send confidential, proprietary information or trade secrets. DISADVANTAGED AND WOMEN BUSINESS ENTERPRISES: The County of Volusia has adopted policies that assure and encourage the full participation of Disadvantaged and Women Business Enterprises (D &WBE) in the provision of goods and services. Municipal Code section 2 -269, County Ordinance No. 90 -20, § 9,5 -17 -90 of the County Council of the County of Volusia, establishes the policies and procedures for the Disadvantaged and Women's Business Enterprises program. The awarded Respondent shall endeavor to fulfill the goals and policies of this ordinance. EXPENSES INCURRED: This invitation does not commit the County to award a contract. Nor shall the County be responsible for any cost or expense incurred by any firm in preparing and submitting a reply, nor for any cost or expense incurred by any respondent prior to the execution of a contract agreement. The County reserves the right to require any or all firm to appear for interviews and /or oral presentations at no cost to the County. WAIVER: The County of Volusia reserves the right to reject any or all proposals, to waive informalities and to accept all or any part of any proposal as may be deemed to be in the best interest of the County. THIRD PARTY COURIER: If a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that the third party is properly instructed to deliver the Proposal only to Room 302, in the Purchasing and Contracts Office on the third (3rd) floor at the above address. To be considered, a Proposal must be received and accepted in the Purchasing and Contracts Office before the Solicitation closing date and time. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK REVISED PER ADDENDUM NO. 1 Page 18 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR CONFLICT OF INTEREST DISCLOSURE I HEREBY CERTIFY that 1. I, (printed name) , am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is , and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 3. This bid submittal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS to items above (List): B Date (Signature) By Corporate Officer Name & Title STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 , by , who is personally known to me or who has produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: (Seal) REVISED PER ADDENDUM NO. 1 Page 19 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR PROHIBITION AGAINST CONTINGENT FEES In accordance with Florida Statute 287.055(6)(a), the following statement, duly signed and notarized, must be included in each proposal: The firm, , warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this agreement. By Date (Signature) By Corporate Officer Name & Title STATE OF COUNTY OF Sworn to /affirmed and subscribed before me this day of , 20 , by , who is personally known to me or who has produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: (Seal) REVISED PER ADDENDUM NO. 1 Page 20 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR Notification Regarding Public Entity Crime and Discriminatory Vendor List Requirements and Disqualification Provision A. Pursuant to Florida Statutory requirements, potential Respondents are notified: 287.133(2)(a) 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 contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so lon g as that P erson's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list 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 contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity. 287.134(2)(b) A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Respondent represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005) or their successor. C. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent's subcontractors and Respondent's implementer, if any, is not under investigation for violation of such statutes. D. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005). Note: Contractor shall complete the "Certification regarding debarment, suspension, and other responsibility matters primary covered transactions (Prime Contractor)" and the "Certification regarding debarment, suspension, ineligibility and voluntary exclusion (SubContractors)." REVISED PER ADDENDUM NO. 1 Page 21 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions TO BE COMPLETED BY THE PRIME CONTRACTOR 1) The prospective primary participant (Contractor) certifies to the best of its knowledge and belief, that it and its principals (subContractors and subcontractors): (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this solicitation been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three -year period preceding this solicitation had one or more public transactions (Federal, State, or local) terminated for cause or default. 2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this solicitation. Name and title Signature Firm Street address City, State, Zip Date REVISED PER ADDENDUM NO. 1 Page 22 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion TO BE COMPLETED BY ALL SUB - CONTRACTORS Lower Tier Covered Transactions 1) The prospective lower tier participant (Sub- Contractor) certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2) Where the prospective lower tier participant is unable to certify to the above statement, the prospective participant shall attach an explanation to this form. Name and title Signature Firm Street address City, State, Zip Date REVISED PER ADDENDUM NO. 1 Page 23 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR DRUG -FREE WORK PLACE The undersigned firm in accordance with Florida statute 287.087 hereby certifies that does: (Name of Firm) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Name Title Firm Street Address City, State, Zip Date REVISED PER ADDENDUM NO. 1 Page 24 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR HOLD HARMLESS AGREEMENT I, (print officer /owner's name), am the officer /owner of (print company name), an incorporated/unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida, including but not limited to those regarding the workers' compensation law. I hereby affirm that I or [the above -named business] employs fewer than four employees, all of whom are listed below, including myself, and therefore, the business is exempt from the statutory requirement for workers' compensation insurance for its employees. I certify that I will provide the County of Volusia with the name of each new employee together with all required waivers and releases for each prior to any employee being allowed to work to provide services under the contract set forth below. If any such employee is allowed to work without a signed waiver and release, such action will be a material breach of this Agreement. All signed waivers and releases shall be furnished before the commencement of any work by an employee or the undersigned to the County Project Manager or designated county representative. On day of , 20, the County of Volusia and I or [the above -named business] entered into a contract for (please insert name of contract) (hereinafter "Agreement ") which is incorporated by reference herein. On behalf of myself, my business, and the employees listed below, I and they hereby agree to waive and release any and all workers' compensation claims or liens under Chapter 440, Florida Statutes, against the County of Volusia and its agents, officials and employees, arising from any work or services provided under the Agreement whether or not it shall be alleged or determined that the act was caused by intention, or through negligence or omission of the County of Volusia or its agents, officials and employees or subContractors. In the event that a workers' compensation claim or lien is made against the County of Volusia and/or its agents, officials or employees by myself or my employees or agents as a result of any work or services performed under the Agreement, I agree to indemnify, keep and hold harmless the County of Volusia, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of the Agreement with the County of Volusia, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of the County of Volusia or its employees, agents, or subContractors. I or the above -named business shall pay all charges of attorneys and all costs and other expenses incurred in connection with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia in any action indemnified hereby, I or the above -named business shall, at my or its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes. REVISED PER ADDENDUM NO. 1 Page 25 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR Page 2 of 2: Hold Harmless Agreement Officer /Owner: (print name) (signature) Employee 1: (print name) (signature) Employee 2: (print name) (signature) Employee 3: (print name) (signature) STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 , by , who is /are personally known to me or who has /have produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: (Seal) REVISED PER ADDENDUM NO. 1 Page 26 of 28 Addendum no. 1 RSQ no. 13- SQ -62SR PROOF OF EXEMPTION FINANCIAL AND ADMINISTRATIVE SERVICES REVENUE DIVISION 123 W. INDIANA AVE. • Room 103 • DELAND, FL 32720 -4602 PHONE: 386 - 736 -5938 • FAX: 386 - 822 -572 Volusia County http://volusia.org/revenue/ FLORIO^ I certify that the business known as (business name) , providing services, which is located at (street address) , (city) , falls under the business tax exemption described in: ❑ Florida Statute 205.063 ❑ Florida Statute 205.065 ❑ Florida Statute 205.191 ❑ Florida Statute 205.064 ❑ Florida Statute 205. 162 ❑ Florida Statute 205. 192 1 ❑ Florida Statute 205. 171 www.fl senate .gov /Standes /index.cfnt ?App mode Statute &URL= Ch0205 /ch0205.htm OR is the type of business indicated below: ❑ Child Care — Residential ❑ Insurance Adjuster, ❑ Radio /Television Station ❑ Commercial Rentals Agent, or Company ❑ Religious Institution ❑ Door to Door /Peddler Sales ❑ Pharmacist /Pharmacy ❑ Residential Rentals over 6months (Prescription Drugs Only) ❑ Sale of Alcoholic Products only (Authorized Signature) (Printed Name) STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 , by , who is /are personally known to me or who has /have produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: (Seal) Commission Expires: A business that falls under one of the exempt classifications listed above is not required to have a Volusia County Business Tax Receipt. Margaret Flomerfelt, Revenue Director REVISED PER ADDENDUM NO. 1 Page 27of28 Addendum no. 1 RSQ no. 13- SQ -62SR Tab 5: Client Reference Form Reference No. 1 Address City, State, ZIP Contact Person Telephone & E -mail Date(s) of Service Type of Service Comments: Reference No. 2 Address City, State, ZIP Contact Person Telephone & E -mail Date(s) of Service Type of Service Comments: Reference No. 3 Address City, State, ZIP Contact Person Telephone & E -mail Date(s) of Service Type of Service Comments: REVISED PER ADDENDUM NO. 1 Page 28 of 28 Exhibit A Volusia County Solicitation No. 13- SQ -62S R (said original government contract) A v► ._� Master Agreement NO. 680 9635 - 1 Volusia County TERM: 2013 -05 -09 to 2016 -05 -08 Page 1 of 1 FLORIDA Date Issued: 05/22/13 Vendor contact: County contact: Bill To: Name: BRIAN REYNOLDS Name: Bobble Gene King County of Volusia Phone: 386-257-4175 Ext.: Phone: 386-736-5953 Ext.: AS REQUIRED BY E -mail: E -mail: bgking ©co.volusia.fl.us . USING DEPARTMENT VOLUSIA COUNTY, FL 32720 Vendor Name: Vendor No 94021800080 Ship To BEAN CONSTRUCTION INC AS REQUIRED BY USING DEPARTMENT 222 STATE AVENUE VOLUSIA COUNTY, FL 32720 HOLLY HILL, FL 32117 -4415 Solicitation Number 13- SQ -62SR Purchasing Analyst: SHAIRA RESTO Phone: 386 -736 -5935 Ext.: E -mail: SResto @co.volusia:fl.us Award Date: 2013 - 05-02 Award Authorization: COUNCIL Payment Terms: Net 45 Days, FOB Dint, Freight allowed Document Description: GC's for projects less than $50K, 13-SQ-62SR Line Commodity U Description Unit Price or escr item Code p Contract Amount 1 91200 EA General Contractors for projects less than $50K., 13- SQ -62SR, CC 0.00000 approval on 05102/13. THIS MA TO BE USED ONLY FOR PROJECTS THAT ARE LESS THAN $25,000. PROJECTS OVER $25,000, NEED TO BE PROCESSED VIA A WORK ORDER. ��_.. 11111■K County of Volusia Jeaniene Jennings CPPB Sales Tax Exemption Number Purchasing & Contracts Director 85- 8012622393C-9 Remainder of page is blank A delivery order is required for the release of items / services from the referenced Master Agreement If a solicitation number is referenced then the terms and conditions of said solicitation become part of the Master Agreement Deviation from prices stated is not permitted without a signed corrected Change Order. If vendor terms and conditions conflict with Count of Volusla Terms and Conditions, the County's Terms and Conditions prevail See reverse side for terms and conditions. 4 z V olusia,Coun ty FLORI CONSTRUCTION CONTRACT FOR GENERAL CONTRACTORS FOR PROJECTS LESS THAN $50,000 Between THE COUNTY OF VOLUSIA AND BEAN CONSTRUCTION, INC. Contract no. 13- SQ -62SR County of Voiusia Purchasing and Contracts Division 123 West Indiana Avenue, Room 302 Deland, Florida 32720-4608 www.volusia.ora /ourchasinq -i- CONSTRUCTION CONTRACT FOR GENERAL CONTRACTORS FOR PROJECTS LESS THAN $50,000 FOR THE COUNTY OF VOLUSIA THIS CONTRACT is made and entered into by and between the COUNTY OF VOLUSIA, FLORIDA, a body corporate and politic and a political subdivision of the State of Florida, with its principal office located at 123 West Indiana Avenue, Deland, Florida 32720 -4613 (the "County"); and Bean Construction, Inc., a corporation duly authorized to conduct business in the State of Florida, with its principal office located at 222 State Avenue, Holly Hill, Florida 32117 (the "Contractor"). RECITALS WHEREAS, the County desires to retain the Contractor in accordance with RSQ no. 13- SQ -62SR (the "RSQ "); and WHEREAS, Contractor is competent and qualified to fumish the specified services to the County and desires to provide such services according to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual covenants, agreements and considerations set forth in this Contract, the County and Contractor agree as set forth herein. ARTICLE 1 — DEFINITIONS Whenever in the Contract Documents the following terms are used (applicable to both the singular and plural), the intent and meaning of such items shall be interpreted as follows: 1.1 Acceptance, Final Acceptance: A formal action by the County of accepting the Work as being complete after certification by the County Representative or his designee of final completion. 1.2 Addendum: A written explanation, Interpretation, change, correction, addition, deletion, or modification of equal dignity herewith affecting the Contract Documents including drawing and specifications approved by the County and issued by the County or Contractor and/or distributed to third parties. 1.3 Affidavit: The instrument which is to be signed by the Contractor and submitted to the County upon the County's request through the Project Manager, upon completion of a project, showing that all bills have been paid. It shall also mean such instrument that may be requested by the County incidental to partial payments. 1.4 Agency: The state, a state agency, a municipality, a political subdivision, a school district, or a school board. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under Sections 380.06 or 163.3220- 163.3243 of the Florida Statutes. 1.5 Amendment: An amendment to this Contract in writing by the County, approved by the Director of Purchasing and Contracts and signed by the County of equal dignity herewith and authorizing an addition, deletion, or revision to a scope of work, or an adjustment in the Contract price or the time for completion, that is issued for an individual project. 1.6 Application for Progress Payment: The current estimate form furnished and certified by the Page 4 of 33 1.20 Contractor Project Manager or Project Manager: The individual responsible for the day -to- day administration of the project for the Contractor. 1.21 Contractor's Release: A document wherein the Contractor acknowledges receipt of full and final payment from the County in complete satisfaction of all the County's obligations under this Contract and which releases and discharges County and the architect/engineer from all claims and demands arising from the work performed pursuant to the Contract Documents. 1.22 Contractor's services: Those services which relates to the Scope of Services in connection with Contractor's employment or practice. 1.23 County: The County of Volusia, Florida, a political subdivision of the State of Florida for whom the Work or Services is to be performed by the Contractor. 1.24 County Representative: Also known as the Owner's representative who is the County Engineer or person designated by the County to review, approve and make decisions regarding the Scope of Services/Work for an individual project. 1.25 Day: A calendar day of twenty -four hours measured from midnight to the next midnight. 1.26 Deliverable: The result(s) or end products or services of a Project that meet the defined plans, specifications, requirements, warranties, and functional parameters including but not limited to: design drawings, specifications, studies, reports, written documentation, training, systems or processes. 1.27 Design Criteria Professional: A firm who holds a current certificate of registration under Chapter 481 F. S. to practice architecture or a firm who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to. the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of designs for this project. 1.28 Drawings/Plans: The official approved drawings or plans or exact reproductions thereof, which have been prepared, signed, sealed and dated by the contractor, which shows the location, character, dimensions and details of the work to be done and which are considered part of the Contract Documents. 1.29 Effective Date: The date that this Contract, including any Addendum, Amendment, Modification or exhibits attached thereto is fully executed by Contractor and the County. 1.30 Engineer: The person, firm, or corporation named as such in the contract and/or authorized by the County to act as the County's representative or the County construction engineer authorized to practice engineering services pursuant to Florida Statute 471.03(2)(i) (2006) and who may serve as the County's engineers of construction, engineering and inspection. The term engineer shall be synonymous with design architect/engineer or architect/engineer or contractor. 1.31 Engineer of Record: The professional engineer or engineering firm contracted or employed by the County and registered in the State of Florida who develops criteria and concept for the work, performs the analysis and is responsible for the preparation of the plans and specifications. The engineer of record may be County in -house staff or a Contractor retained by the County. Page6of33 Contractor, which is to be used by Contractor in requesting progress payments. 1.7 Architect: A person or firm that is authorized to practice architecture pursuant to Florida Statute 481.299 or a general contractor who provides architectural services under a design - build contract authorized by F.S. 481.299(3). 1.8 Architect/Engineer: The design professional identified in the Contract Documents and who is licensed and registered in the State of Florida. The terms Architect" and "Architect/Engineer (A/Er means the architect/engineer or its authorized representative. 1.9 Calendar day: Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions. 1.10 Change Order: A written order to the contractor signed by the County authorizing an addition, deletion, or revision in the work, or an adjustment in the contract price or time. 1.11 Completion Date: The date that the County or its designated representative approves and accepts all Work or Services for a Project performed in accordance with this Contract. 1.12 Construction: All labor, services, and materials provided in connection with the alteration, repair, demolition, construction, reconstruction, or any other improvements to real property. 1.13 Construction Manager /General Contractor: These terms shall be synonymous with "Construction Manager" and/or "General Contractor" and "Contractor." The Contractor is the entity identified as such throughout this Contract and is referred to as if singular in number and neutral in gender. The term "Contractor" means the Contractor or its representative. 1.14 Contract: An agreement between the County and Contractor, with binding legal and moral force, covering the work to be performed in exchange for money. 1.15 Contract Administrator: The Director of Purchasing and Contracts or his/her designee responsible for addressing any concems within this Contract. 1.16 Contract Documents: The contract documents comprise the entire Contract and its attached exhibits and addenda between the County and the Contractor /Consultant or Contractor that are attached to this Contract, are made part of this Contract, and includes, but are not limited to, the following: (1) This Contract, and its exhibits (2) Certificates of Insurance, (3) the conditions of this Contract (general, special, supplementary, and other), (4) drawings, (5) project specifications, (6) written interpretations, (7) change orders, (8) project manuals, (9) addenda issued before the execution of this Contract (10) Contractor's proposal, and, (10) any modifications or amendments to this Contract issued after execution. 1.17 Contract Time: The number of calendar days for the completion of the scope of work for an individual project. 1.18 Contract Price: The total amount which may be due and payable to Contractor for an individual Project. 1,19 Contractor: The person or entity qualified to perform work pursuant to Florida 489.105, F.S. under the Project and who is registered and licensed under the Florida Department of Business and Professional Regulation and in compliance with local laws or ordinances, other than a materiaiman or laborer, who enters into a contract with the County for improving real property in accordance with the Contract Documents. Page 5 of 33 the County. The County may change the Project Manager at any time by providing notice to the Contractor and /or Contractor. 1.48 Proposal: The document submitted by the Contractor in response to a formal solicitation used to determine if the Contractor is highly qualified. 1.49 Renovation. One or more repair or replacement actions not involving demolition. 1.50 Scope of Services/Work: The general services/work, defined for an individual project, including responsibility for performing and complying with all incidental matters pertaining thereto ursuant to the Project Specifications and requirements. p i pe eq 1.51 Shop Drawings: All diagrams, illustrations, brochures, schedules, and/or other data which are prepared by contractor, a subcontractor, manufacturer, supplier, distributor, or other person on behalf of the contractor, and which illustrate the equipment, material, or some portion of the work. 1.52 State: State of Florida. 1.53 Subcontractor: A person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of the basic Contract. 1.54 Sub - subcontractor: A person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor's contract. 1.55 Substantial Completion: The date as certified by the County's Project Manager when a Project or a specified part as agreed to in writing by the parties is sufficiently completed to the satisfaction of County or its designated representative, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due in accordance with this Contract. 1.56 Work: Any and all obligations, services, duties and responsibilities necessary to the successful completion of a project assigned to or undertaken by contractor under the Contract Documents, including the furnishing of all labor, materials, equipment and other incident. ARTICLE 2 - ORDER OF PRECEDENCE 2.01 Exhibits: The following attachments are attached hereto and incorporated herein: 2.01.1. Exhibit 'A' — Solicitation no. 13- SQ -62SR 2.01.2. Exhibit 'B' — Proposal from Firm 2.02 Order of Precedence. If Contractor finds a conflict, error or discrepancy in the Contract Documents, it shall call it to the Architect's attention, in writing, and request the Architect's interpretation and direction before proceeding with the Work affected thereby. Such notice shall be provided by the Contractor to the Architect in a timely fashion so as not to cause additional costs due to delay. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order: Page 8 of 33 1.32 Equipment: The machinery and equipment, together with the necessary supplies for maintenance, including the tools and apparatus necessary for the proper construction and acceptable completion of the work. 1.33 Field Order: A written instrument issued by the Contractor to the County which clarifies or interprets the drawings and technical specifications, and/or orders minor variations in the work, as opposed to a change in the work, and which does not involve an adjustment in contract price or time. 1.34 Final Project Acceptance: Will take place after all Deliverables of the Statement of Work have been accepted. 1.35 Firm: Any individual, firm, partnership, corporation, association, or other legal entity permitted by law to perform specified services in the state. 1.36 inspector or Field Representative: County Employee or an authorized representative of the Contractor assigned to make inspections of the work performed and materials furnished pursuant to this Contract. 1.37 Master Agreement: The written document provided by the County, as amended by any duly executed Master Agreement modification, which is based upon Contractor's proposal and which shall serve as a payment vehicle for any work performed under this contract. 1.38 Milestone: A significant event, task, or deliverable that occurs during a project, not all of which are, nor will be, designated on a milestone payment schedule. 1.39 Modification: A written amendment to the Contract Documents approved by the County and signed by the Contractor and the County or County's designated representative(s) which includes but is not limited to, Addenda, Amendments, Change Orders or Field Orders. 1.40 Notice of Acceptance (NOA): The official letter from the County notifying the successful bidder that they have been awarded a contract. 1.41 Notice of Award (NOA): See Notice of Acceptance; OR 1.42 Original Expiration Date: • The date that this Contract was originally intended to expire excluding any extensions or renewals of this Contract for a time certain. 1.43 Owner: The owner is the County of Volusia for whom all Work or Services under this Contract are to be performed by the Contractor. 1.44 Payment Schedule: The schedule of payments set forth for an individual project. 1.45 Pre - construction Conference: The meeting scheduled by the County Project Manager of all the parties involved with the planning and execution of the Scope of Work for an individual project. 1.46 Project: An individual construction /renovation project which is assigned to the Contractor for completion pursuant to the terms and conditions of this Contract. A Project is comprised of the completed construction/renovation required by the specifications and includes all plans, labor, supervision, materials, permits and equipment necessary. 1.47 Project Manager or County Project Manager: The County employee who is assigned to a Project and is responsible for the day to- day administration and coordination of a Project for Page 7 of 33 2.1.1.1 Modifications to the Contract 2.1.1.2 This Contract between the County and Contractor 2.1.1.3 Addenda or Exhibits to this Contract 2.1.1.4 Detailed (Technical) Specifications 2.1.1.5 Project Plans (Drawings) 2.1.1.6 Contractor's Bid Proposal 2.03 In the case of conflicts between drawings, or between provisions of specifications, the more detailed or specific of the conflicting provisions or representations shall take precedence. For example, where figured dimensions are shown on the drawings, they shall take precedence over scaled distances and scaled dimensions, and detail drawings shall govem over general drawings. 2.04 In those cases where it is not reasonably clear which of the conflicting provisions or representations is the more detailed or specific, the Contractor shall be deemed to have estimated on, and agreed to provide, the greater quantity or better quality of materials and work unless he shall have asked for and obtained a written decision of the County Project Manager as to which quantity or quality or method or materials shall be required. ARTICLE 3 — CONTRACTOR'S SERVICES 3.01 Scope of Services/Work. The Contractor agrees during the term of this Contract to timely complete projects as requested by the County ("Projects "). Projects may vary in scope and duration, and may include repair or maintenance. Contractors shall provide all labor, materials, permits, supervision, and equipment necessary to provide repair and maintenance In accordance with specifications provided by the County, other contract documents prepared by Volusia County, and all applicable building codes. Contractor further agrees that County staff shall not perform or participate in activities related to the site preparation or implantation of Project construction, repair or rehabilitation, including but not limited to the movement or relocation of personal items in order to facilitate such repair and maintenance. Contractor agrees that such activities are the sole responsibility of Contractor or its subcontractor /designee. 3.02 Assignment of Projects. During the term of this Contract, the County may award the Contractor (and other participating contractors) one or more Projects. The award shall be made at the sole discretion of the County based upon the lowest responsive and responsible quote, availability, work volume, and other factors the County deems relevant to the successful completion . of the Project. The County makes no covenant or promise of any kind as to the number of available Projects or that the Contractor shall perform any Project for the County during the term of this Contract. The County reserves the right to contract with other parties for the services contemplated by this Contract when it is determined by the County to be in the best interest of the County to do so. Page 9 of 33 3.03 Time of Commencement and Completion Date. 3.03.1 The work to be performed pursuant to this Contract shall commence as requested by the County Project Manager. The Contractor shall thereafter diligently proceed with the completion of the project in accordance with the date expressly set forth (the `Completion Date"). 3.03.2 If applicable, should the Contractor fail to timely meet the work requirements of the project by the Completion Date, the parties hereto agree that as liquidated damages, and not as penalty, the Contractor shall pay to the County a specified Dollar amount for each day after the Completion Date, until the Project is completed, as certified by the County Project Manager. The dollar amount for liquidated damages will be determined by the level of risk to the County. Liquidated damages will only be assessed to recover actual cost incurred by the County. 3.03.3 In the event that the Contractor shall fall behind schedule at any time, for any reason, and such delay is adversely affecting the County's timely occupation of the Project for its intended purpose, the County shall be entitled to direct acceleration or re- sequencing of the work to bring the Project back on schedule. The Contractor shall reserve in each of its subcontracts entered into in connection with a Project, a right to accelerate consistent with the Contractor's obligations hereunder. 3.03.4 In the event the Contractor determines that the Completion Date cannot be met by re- sequencing the work, then the Contractor shall immediately provide the County, and in any event within three (3) days after the date of receipt of the County's instruction for re- sequencing or accelerating, a plan to complete the Project in the shortest possible time. No approval by the County of any plan for re- sequencing or accelerating of the work submitted by the Contractor pursuant to this clause shall constitute a waiver by the County of its rights of recovery of liquidated damages as a result of delayed Project completion. 3.03.5 Contractor agrees to provide the County, along with each invoice for payment, the Contractor's best estimate of any anticipated revisions to the Completion Date for the purpose of the County's planning; provided, however, and notwithstanding the making of any progress payments, no anticipated revision to the Completion Date shall be effective and binding on the County and the Contractor without a written Change Order executed by the County in accordance with the procedure set forth in Section 3.04 hereof. 3.04 Change in Scope of ServiceslWork. The County may order changes in the service consisting of additions, deletions, or other revisions within the general scope of the Contract, as applicable. No claims may be made by the Contractor to change the amount of compensation of the Contractor or other adjustments to the Scope of ServicesNork, unless such changes or adjustments have been made in writing and duly approved by the County Project Manager. If the Contractor believes that any particular service is not within the Scope of Services/Work described in this Contract, is a material change, or will otherwise require more compensation to the Contractor, the Contractor shall immediately notify the County Project Manager in writing, of this belief. If the County Project Manager determines that the particular work is within the Scope of Services/Work, the Contractor shall continue with the work at the cost Page 10 of 33 stated for the work within the scope. The Contractor shall assert a right to an adjustment under this clause within thirty (30) days from the date of receipt such notice and the assertion shall be written and shall be sent in accordance with the notice requirements of Section 13.2 - Notice. No additional work shall be performed or extra materials purchased until such changes in scope are approved by both parties. 3.05 Acceptance of Work. Inspection of the finished work shall be performed by the County to determine the acceptability of the work for payment. As a result of said inspections, the County may provide the Contractor with a "punch list" of items considered by the County to be substandard. If, within seven (7) days the Contractor has failed to remedy all punch list items to the satisfaction of the County, the County may, but shall not be obligated to, cause all such remaining items to be remedied through the use of other contractors and deduct the cost thereof. The County may recover said costs from the Contractor including, without limitation, all of the County's attorney's fees and costs incurred in pursuit thereof. 3.06 Release of Liens. The Contractor shall deliver to the County, a complete release of liens arising out of each project before the final request for payment is made. If any liens remain unsatisfied after all payments are made, the Contractor shall refund to the County such amount as the County may be compelled to pay in discharging such liens, including all costs and reasonable attomey's fee. 3.07 Ownership of Documents. All deliverable analysis, reference data, plans and reports or any other form of written instrument or document that may result from the Contractor's services or have been created during the source of the Contractor's performance under this contract shall become the property of the County after final payment is made to the Contractor. 3.08 Warranty. The Contractor shall guarantee all work performed for a period of one (1) year from the date of final acceptance by the County. The Contractor shall fumish the County all manufacturers' and suppliers' warranties covering materials and equipment. 3.09 Responsibility of the Contractor. 3.09.1 The Contractor shall be responsible for the professional and technical accuracy of all services furnished by the Contractor and its subcontractors under this Contract. 3.09.2 The Contractor shall provide the name, address and phone number of its designated Project Manager prior to the commencement of any work and may change the Project Manager by providing written notice to the County. 3.09.3 The Contractor shall, without additional cost to the County, correct or revise any errors or deficiencies in the Work on the Project. 3.09.4 The Contractor shall serve as an expert witness for the County in any legal proceedings arising in connection with this Contract, if the County so requests. 3.09.5 The Contractor shall maintain a valid contractor's license and insurance for all work performed at all times during the term of this Contract. Page 11 of 33 3.10 Representative of County. All services authorized under this Contract shall be under the direction of the County Representative, who shall have final decision authority for all phases of the services, including general direction, review and approval of the services. 3.11 Representative of Contractor. Contractor shall, at all times during the normal work week, designate or appoint one or more Project Managers who are authorized to act on behalf of Contractor regarding all matters involving the conduct of the performance pursuant to this Contract and project, and shall keep the County Project Manager continually advised of such designation. 3.12 Continuing the Work. The Contractor shall carry on the work and adhere to the progress schedule during all disputes of this Contract with the County. No work shall be delayed or postponed pending resolution of any disputes of this Contract, except as specifically set forth herein, or as the County and Contractor may otherwise agree in writing. 3.13 F.O.B. Point. The F.O.B. point for this contract and for all purchases made under it shall be the location of the Project. Delivery shall not be complete until the County has accepted each item. Delivery to a common carrier shall not constitute delivery to the County. 3.14 Use of Premises. The Contractor shall assume responsibility for any physical damages that are a direct result of the performance of any Work. During the progress of any Work, the Contractor shall keep the Project site free from accumulations of waste materials resulting from the Project. At the completion of a Project, the Contractor shall remove, at its expense, all waste materials to receptacles provided by the Contractor or the County, if any, as well as tools, appliances, equipment, machinery and/or surplus materials. The Contractor shall leave the site dean, restoring to its original condition or the condition specified by the County Project Manager. 3.15 Time is of the Essence. Time is of the essence for each Project performed in accordance with this Contract. ARTICLE 4 - COMPENSATION AND PAYMENTS 4.01 Compensation. As consideration of the Contractor satisfactorily completing a Project in accordance with the terms and conditions of this Contract, the County agrees to pay the Contractor as set forth and agreed to by the County Project Manager. 4.02 Payments. 4.02.1 Based upon an invoice submitted to the County Project Manager by the Contractor and approved by the County, the County shall make progress payments to the Contractor as agreed to for each project. If retainage is applicable, ten percent (10%) of each payment shall be withheld as retainage until 50- percent completion of a project. After 50- percent completion of a project, retainage may be reduced to five percent (5 %) of each payment (if applicable), and final retainage shall not be paid until the Project is accepted by the County, including the completion of any punch list items described in Section 3.05. • Page 12 of 33 4.02.2 The invoice for progress payments shall be submitted in accordance with the draw schedule established by the County Project Manager, if applicable. The Contractor shall submit an invoice for progress payment for the County Project Manager's approval in a form acceptable to the County. Each such invoice for payment shall set forth the value of all work completed. 4.02.3 In each invoice for progress payment, the Contractor shall certify as follows: 4.02.3.1 There are no known mechanic's or materialmen's liens outstanding at the date of this invoice; all due and payable bills with respect to the Project have been paid to date or shall be paid from the proceeds of this invoice for payment; 4.02.3.2 There is no known basis for the filing of any mechanic's or materialmen's liens on the Project and waivers from all subcontractor's and materialmen employed by the Contractor have been or will be obtained in such form as to constitute an effective waiver of lien under the applicable laws of the State of Florida; 4.02.3.3 AU improvements have been installed in accordance with the Work Order and related contract documents (except where noted or agreed upon in writing by the County pursuant to an approved Change Order); and 4.02.3.4 No encroachments into the designated set -back lines and right of way, as stipulated in the Work Order and any Change Order, exist. 4.02.4 Beginning with the second invoice for progress payment, the Contractor shall also deliver with each such invoice, as a condition precedent to payment thereof, waivers of lien for each of its subcontractors, current through the effective date of the previous invoice for payment. The Contractor may, if any subcontractor or supplier refuses to fumish a release in full, fumish a bond satisfactory to the County against any lien. 4.02.5 The County shall promptly review each Invoice for progress payment and make such exceptions, as the County reasonably deems necessary or appropriate under the state of circumstances then prevailing. 4.02.6 Based upon the approved invoice of progress payment, the County shall make payment to Contractor in the amount approved, subject, however, to the provisions of Section 4.02.7, hereof. The payment of any invoice for progress payment by the County, including the final invoice, does not constitute approval or acceptance of that part of the Project to which such payment relates or relieve the Contractor of any of it obligations hereunder with respect hereto. 4.02.7 Any provisions hereof to the contrary notwithstanding, the County shall not be obligated to make current payment to the Contractor hereunder if any one of the following conditions exists: 4.02.7.1 The Contractor fails to diligently prosecute the work in an efficient, timely, and workmanlike manner and in strict accordance with the provisions of the Contract Documents; or 4.02.7.2 The Contractor fails to use an adequate number of qualified personnel Page 13 01 33 and sufficient equipment to complete the Project without undue delay; or 4.02.7.3 The Contractor fails to make prompt payments to its subcontractors, suppliers, materialmen, or laborers; or 4.02.7.4 Any part of such payment to the Contractor is attributable to work which is defective or not performed in accordance with the drawings and specifications; provided, however, such payment shall be made as to the part thereof attributable to work which is performed in accordance with the drawings and specifications and is not defective; or 4.02.7.5 The Contractor is otherwise in default of any of its obligations hereunder or otherwise is in default under any of its contractual requirements. 4.02.8 For changes in the Work, ordered by the County, the Contract Price shall be adjusted accordingly as set forth in Section Error! Reference source not found... 4.02.9 Any discrepancies between the County's records and the Contractor's submittals must be rectified, to County's satisfaction, by the Contractor before the County makes payment on those items. The Contractor shall only issue invoices for services rendered. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1 %) per month on all undisputed invoices not paid within forty-five (45) Days after receipt and acceptance of the service, and receipt by the County of a properly completed invoice, whichever is later. Invoices for payments hereunder shall be submitted to the address indicated in the work order. 4.02.10 To be deemed proper, all invoices shall comply with the requirements set forth in this Contract and shall be submitted on the form and pursuant to instructions prescribed by the County. ARTICLE 5 - PERSONNEL OF CONTRACTOR 5.01 Supervision. The Contractor shall direct and supervise competent and qualified personnel and shall devote time and attention to the direction of the operation to insure performance of obligations and duties as set forth herein. The Contractor shall hire, compensate, supervise, and terminate members of its work force, and the Contractor shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform. The Contractor shall be responsible for all income tax, social security and Medicare taxes, federal unemployment taxes, and any other withholdings from the company's employees' and/or subcontractor's wages or salaries. Benefits, if any, for the Contractor's employees and/or subcontractors shall be the responsibility of the Contractor including, but not limited to, health and life insurance, retirement, liability /risk coverage, and worker's and unemployment compensation. 5.02 Applicable Laws. Contractor shall be responsible for ensuring that its employees, agents, and subcontractors comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position. 5.03 Right of Rejection. During the term of this Contract, the County shall have the right of Page 14 of 33 reasonable rejection and approval of the staff of the Contractor or other representatives assigned to the work by the Contractor. If the County reasonably rejects the staff or representative of the Contractor, Contractor shall provide replacement satisfactory to the County in a timely manner and at no additional cost to the County. The day - to-day supervision and control of the Contractor's employees or others working on behalf of the Contractor are the sole responsibility of the Contractor. 5.04 Employment of Illegal Aliens. The Contractor certifies that it does not, and will not during the performance of the Contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986, as amended. 5.05 Nondiscrimination and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in the operations and activities in the use or expenditure of the funds or any portion of the funds provided by this Contract. Contractor agrees it shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any Services funded by County, including Titles 1 and II of the ADA (regarding nondiscrimination . on the basis of disability), and all applicable regulations, guidelines, and standards. In performing under this Contract, Contractor agrees that it shall not commit an unfair employment practice in violation of any state or federal law and that it shall not discriminate against any member of the public, employee or applicant for employment for work under this Contract because of race, color, religion, gender, sexual orientation, age, national origin, political affiliation, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, gender, sexual orientation, age, national origin, political affiliation, or disability. 5.05.1 In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the county's ADA Coordinator at 386- 248 -1760 for assistance, at least two business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the county's ADA Coordinator at 386- 248 -1760. Read the full ADA Notice under The American with Disabilities Act (Title II). Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II). 5.06 Fair Labor Standards Act The Contractor and any Subcontractor shall pay all employees working on this Contract, not Tess than the minimum wage specified in the Fair Labor Standards Act, as amended. 5.07 Drug -Free and Smoke -Free Workplace. The County of Volusia is a drug free and smoke -free workplace. Contractor agrees that its personnel and the personnel of each of its subcontractors agree to adhere to the County's policies on drug -free and smoke -free work place during the term of this Contract. Page 15 of 33 ARTICLE 6 - CONTRACTOR AS INDEPENDENT CONTRACTOR 6.01 The Contractor shall provide the services required herein strictly in an independent Contractual relationship with the County and, except as expressly set forth herein, is not, nor shall be, construed to be an agent or employee of the County. The County shall not provide vehides or equipment to the Contractor to perform the duties required by this Contract nor will the County pay for any business, travel, office, or training expense or any other contract performance expense not specifically set forth in the Scope of Services. The Contractor is not exclusively bound to the County and may provide service to other private and public entities as long as the service by the Contractor for such entities does not conflict with the Contractor's services to the County. ARTICLE 7 — SUBCONTRACTORS 7.01 Prior Approval. In the event the Contractor, during the course of the work under this Contract, requires the services of any subcontractors, suppliers, other persons or organizations in connection with service covered by this Contract, the Contractor must secure the prior written approval of the County. The County's acceptance of any such subcontractors, suppliers, other persons or organization so identified, may be revoked on the basis of reasonable objection after due investigation, in which case the Contractor shall submit an acceptable substitute. No acceptance by the County of any such subcontractor, supplier, other person or organization shall constitute a waiver of any tight of the County to reject defective work. Contractor shall remain fully responsible for the services of said subcontractors, suppliers, other persons or organizations. 7.02 License. Subcontractor's license shall be valid at all times during the course of work for the County. Contractor shall be responsible for ensuring that the subcontractors' licenses are valid during the performance of work for the County. ARTICLE 8 - INSURANCE 8.01 Required Types of Insurance. The Contractor shall purchase and maintain at its own expense, during the term of this Contract the following types and amounts of insurance with limits no Tess than those shown below, in the form and from companies satisfactory to the County. SCHEDULE LIMITS *Workers' Compensation Florida Statutory Coverage Employers Liability $100,000. Each Accident (including Appropriate Federal Acts) $500,000. Disease Policy Limit $100,000. Each Employee/Disease Commercial General Liability $2,000,000. General Aggregate Products- Completed Operation $2,000,000. Products/CompOps Aggregate Page 16 of 33 $1,000,000. Each Occurrence Independent Contractors $50,000. Fire Damage $5,000. Medical (The County of Volusia shall be named as an additional insured under all of the above Commercial General Liability coverage.) Auto Liability $1,000,000. CSL All autos - owned, hired or no -owned (Symbol 1 Coverage) * When requested, Contractor shall provide any specific insurance (including Longshore and Harbor Workers' Insurance) on related waterway projects (i.e., docks, piers, etc.) as required by, and in the amounts specified by, the Volusia County Risk Manager. 8.01.1 The minimum underlying coverage's shall include Commercial General Liability, Automobile Liability and Workers' Compensation/Employer's Liability. (The Umbrella liability limit will not be required to be carried by subcontractors.) 8.01.2 Workers' Compensation insurance. Contractor shall secure and maintain for the term of this Contract Workers' Compensation insurance for all employees of the Contractor, employed or hired to perform or provide Work or Services under this Contract or that is in any way connected with Work or Services performed under this Contract, without exclusion for any class of employee, and shall comply fully with the Florida Workers' Compensation Law (Chapter 440, Florida Statutes, Workers' Compensation Insurance) and include Employers' Liability Insurance with limits no less than the statutory amount shown above on a per occurrence basis. 8.01.2.1 Contractor and its Subcontractors, or any associated or subsidiary company doing Work on County property or under this Contract must be named in the Workers' Compensation coverage or provide proof of their own Workers' Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer's liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers' Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attomey's fees and costs arising under said employee(s) Workers' Compensation insurance claim(s). 8.01.3 Commercial General Liability Insurance. The Contractor shall secure and maintain during the term of the Contract Commercial General Liability insurance, with a limit of not less than the amounts shown above with an aggregate limit and per occurrence basis, including coverage for the Contractor's operations, independent Contractors, Subcontractors and "broad form' property damage coverage's protecting itself, its employees, agents, Contractors or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, or personal or advertising injury, products liability /completed operations including what is commonly known as Page 17 of 33 groups A, B, and C (libel, false arrest, slander). Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its Subcontractors arising from Work or Services performed under this Contract. Public liability coverage shall include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor's contract to indemnify, defend, and hold harmless the County as provided in this Contract. The commercial general liability policy shall be endorsed to include the County as an additional insured. The commercial general liability policy shall provide exclusive coverage for the location or project site where the Work or Services are to be performed under this Contract. In the alternative, the commercial general liability policy shall be endorsed to provide the designated aggregate per location endorsement or equivalent on a form approved or requested by the County Risk Manager. 8.01.4 Motor Vehicle Liability. The Contractor shall secure and maintain for the term of this Contract, motor vehicle coverage (including "Any Auto" Symbol 1 coverage), in the split limit amounts of no less than the amounts shown above per person, per occurrence for bodily injury and for property damage or a combined single limit of the amount shown above protecting itseff, its employees, agents or lessees, or subsidiaries and their employees or agents against claims arising from the ownership, maintenance, or use of a motor vehicle. 8.01.5 Primary and Excess Coverage. Any insurance required may be provided by primary and excess insurance policies. 8.01.5.1 If the services provided require the disposal of any hazardous or non- hazardous materials off the job site, the disposal site operator must furnish certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under this Contract. 8.02 General insurance Requirements. 8.02.1 All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. 8.02.2 Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of Work or Services by the Contractor or its Subcontractors for the entire term of this Contract and for such longer periods of time as may be required under other clauses of this Contract. 8.02.3 Waiver of Subrogation. The Contractor hereby waives all rights against the County and its Subcontractors to the extent of the risk coverage by any insurance policy required hereunder for damages by reason of any claim, Page 18 of 33 demand, suit or settlement (including workers' compensation) for any claim for injuries or illness of anyone, or perils arising out of this Contract. The Contractor shall require similar waivers from all its Subcontractors. This provision applies to all policies of insurance required under this Contract (including Workers' Compensation, and general liability). 8.02.4 County Not Liable for Paying Deductibles. For ail insurance required by Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor's business or any Subcontractor performing Work or Services on behalf of the Contractor or for the Contractor's benefit under this Contract. 8.02.5 Cancellation Notices. During the term of this Contract, Contractor shall be responsible for promptly advising and providing the County's Risk Management and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County under this Contract within two (2) business days of receipt of such notice or change. 8.02.6 For any on -site Work performed by or on behalf of Contractor on County property, the County shall be named as an additional insured or additional named insured subject to be determined by County's Risk Manager. 8.02.7 Deductibles. For purposes of this Contract, Contractor shall not obtain an insurance policy with a deductible or sett- insurance provision. 8.03 Proof of Insurance. 8.03.1 The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall dearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates. 8.03.2 The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of this Contract and the Contractor shall not commence Work or provide any Service until the Contractor has obtained all the insurance required under this Contract and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall fumish copies of the types of insurance policies and any changes or amendments thereto required in Article 8 - Insurance, immediately, to the County and County's Risk Management and Purchasing and Contracts Divisions, prior to the commencement of any contractual obligations. This Contract may be terminated by the County, without penalty or expense to County, if at any time during the term of this Contract proof of any insurance required hereunder is not provided to the County. 8.03.3 All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Article. No Work or Services by Contractor or its Subcontractors shall be commenced until County Page 19 of 33 • has approved these policies or certificates of insurance. Further, the Contractor agrees that the County shall make no payments pursuant to the terms of this Contract until all required proof or evidence of insurance has been provided to the County This Contractor may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County. 8.03.4 The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of this Contract. In the event such insurance lapses, the County expressly reserve the right to renew the insurance policies at the Contractor's expense or terminate this Contract but County has no obligation to renew any policies. 8.04 The provisions of this Article shall survive the cancellation or termination of this Contract. ARTICLE 9 - DELIVERABLES AND STANDARDS 9.01 Deliverables. The Contractor shall deliver to the County any and all reports and any other deliverable required under Work Order in a format approved by the County. 9.02 Failure to Deliver. In the event of failure of the Contractor to deliver services in accordance with the terms and conditions of this Contract, the County, after due written notice, may procure the services from other sources. This remedy shall be in addition to any other remedies that the County may have. 9.03 Standards. The Contractor shall be responsible for the professional quality and the accuracy of all deliverables and services provided under this Contract and shall, without additional compensation, correct any errors in the same. Deliverables prepared by the Contractor in response to the requirements of this Contract shall, unless otherwise provided for in this Contract, be thoroughly researched for accuracy of content, be grammatically correct and not contain errors, be numerically accurate, be submitted in the format approved in advance by the County Project Manager, and be submitted for advance review and comment by the County Project Manager. The cost of correcting errors, correcting report data, or making other revisions required to bring the deliverable into compliance with the requirements of this Contract shall be borne solely by the Contractor. ARTICLE 10 - TERM AND TERMINATION 10.01 Term. Subject to the termination provisions contained in this Contract, the term of this Contract shall commence as of the Effective Date and continue for a period of three years. This Contract shall also be automatically extended to include the Completion Date of any project which began during the term of the Contract. 10.02 Termination. The performance of Services under this Contract may be terminated by the County in accordance with this Article 10 - Term and Termination, in whole or in part from time to time, for (1) a material breach; (2) nonappropriation of funds; or, (3) for convenience upon at least thirty (30) calendar days, prior written notice to Contractor whenever the County shall Page 20 of 33 determine that such termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of Work under this Contract is terminated, and the subsequent date upon which such termination becomes effective subject to the provisions of this Article 10 — Terms and Termination. 10.03 After receipt of a Notice of Termination, and except as otherwise directed by the County, the Contractor shall: 10.03.1 Stop work under this Contract on the date and to the extent specified in the Notice of Termination. 10.03.2 Place no further orders or subcontracts for materials, Services or Work or facilities, except as may be necessary for completion of such portion of the Work under this Contract, as it is not terminated. 10.03.3 Terminate all orders and subcontracts to the extent that they relate to the performance of Services or Work terminated by the Notice of Termination. 10.03.4 Assign to the County, in the manner, at the times and to the extent directed by the County, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. 10.03.5 With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. County's approval of such settlements shall be final for all the purposes of Article 10 - Term and Termination. 10.03.6 Transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County: 10.03.6.1 The designs, specifications, reports, studies, plans, bulletins, schedules, estimates, other documentation and/or other Work -in- process, completed Work or Services, supplies, and other materials produced as a part of, or acquired in connection with the performance of the Work or Services terminated by the Notice of Termination; and, 10.03.6.2 The completed or partially completed designs, specifications, reports, studies, plans, bulletins, schedules, estimates or other documentation which, if this Contract has been completed, would have been required to be furnished to the County. 10.03.7 Complete performance of such part of the Work or Services as shall not have been terminated by the Notice of Termination. 10.04 In the event Contractor terminates this Contract by providing County a Notice of Page 21 of 33 Termination thirty (30) days prior to such notice, and after receipt of such Notice of Termination, the Contractor shall submit to the County its termination claim, in the form and with a certification as prescribed by the County. Such claim shall be submitted promptly but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions in writing are granted by the County, upon request of the Contractor made in writing within such thirty (30) day period or authorized extension thereof. Upon failure of the Contractor to submit its termination claim within the time allowed, the County may determine on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termi- nation and shall thereupon pay to the Contractor the amount so determined. 10.05 Subject to the provisions of Article 10 — Term and Termination, the Contractor and the County may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the . total or partial termination of work pursuant to Article 10 -- Term and Termination which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts exclusive of settlement costs, shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of work not terminated. As such, this Contract shall be amended accordingly and the Contractor shall be paid the agreed amount. Nothing herein, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the County to agree upon the whole amount to be paid to the Contractor by reason of the termination of Work or Services, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor. 10.06 In the event of the failure of the Contractor and the County to agree as provided herein upon the whole amount to be paid to the Contractor by reason of the termination of Work pursuant to Article 10 — Term and Termination, the County shall pay to the Contractor the amounts determined by the County as follows, but without duplication of any amounts already agreed upon by the parties or previously paid to the Contractor. 10.06.1 For completed Work or Services accepted by the County, the compensation specified in this Contract for such Work, Tess any payments previously made. 10.07 Force Majeure. If the Contractor's failure to perform and default arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor (such causes may include, but are not restricted to acts of God, acts of the public enemy, acts of the County in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather); but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor and the Contractor, within ten (10) days from the beginning of any such delay notifies the County in writing of the causes of delay, then the County, in its sole discretion, shall ascertain the facts and the extent of delay and extend the time for completing the Project when the findings of fact justify such an extension. 10.08 If, after Notice of Termination of this Contract for default, it is determined for any reason that the Contractor was not in default or that the default was excusable under the provisions of paragraph above, the rights and obligations of the parties shall be the same as if the Notice of Termination had not been issued pursuant to this Article 10 — Term and Termination. 10.09 Any provision of this Contract that imposes or contemplates continuing obligations on a party, will survive the expiration or termination of this Contract. Page22of33 ARTICLE 11 - LIMITATION OF LIABILITY 11.01 Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any Article of this Contract to the contrary, nothing in this Contract shall be deemed as a waiver of immunity of limits of liability of County beyond any statutory limited waiver of immunity of limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and the cap on the amount and liability of County for damages regardless of the number or nature of claims in tort, equity or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in this Contract shall inure to the benefit on any third party for the purpose of allowing any claim against County which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. 11.02 No Third Party Beneficiaries. Nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 11.03 indemnification. 11.03.1 Contractor shall, at its own expense, indemnify and hold harmless County and its public officials (elected and appointed), successors and successors in interest, officers, agents, attorneys, and employees from and against all claims of every kind and nature (including losses incurred or suffered in consequences either of bodily injury to any person or damage to property), damages, losses and expenses including reasonable attomey's fees to the extent caused by the negligence, reddessness, or intentionally wrongful conduct of the Contractor and its subcontractor or sub - subcontractor or agents performing Work or Services under this Contract or a Task Assignment, caused by any negligent act or omission of Contractor, any of Contractor's subcontractor or sub - subcontractor, anyone employed by any of them or anyone for whose acts any of them may be liable, except the Contractor will not be required to indemnify and hold the County harmless if such claim, damage, loss and expense is the resutt of the sole negligence of the County, or of anyone directly or indirectly employed by the County or anyone for whose acts the County may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Contract. 11.03.2 In all claims against the County or any of its public officials (elected and appointed), successors and successors in interest, officers, agents, attorneys, and employees by any employee of Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor, consultant or any subcontractor or subconsuttant under workers' compensation acts, disability benefit acts or other employee benefit acts. Page 23 of 33 11.04 In no event shall Contractor or County be liable for consequential, special, incidental, indirect, exemplary, or punitive damages. ARTICLE 12 - GOVERNMENT POLICIES 12.01 Modifications Due To Public Welfare or Change in Law. The County shall have the power to make changes in this Contract as the result of changes in law and /or ordinances of Volusia County to impose new rules and regulations on Contractor under this Contract relative to the scope and methods of providing services as shall from time- to-time be necessary and desirable for the public welfare. The County shall give Contractor notice of any proposed change and an opportunity to be heard concerning those matters. In the event any future change in Federal, State or County law or the ordinances of Volusia County materially alters the obligations of Contractor, or the benefits to the County, then this Contract shall be amended consistent therewith. Nothing contained in this Contract shall require any party to perform any act or function contrary to law. The County and Contractor agree to enter into good faith negotiations regarding modifications to this Contract, which may be required in order to implement changes in the interest of the public welfare or due to change in law. 12.02 Compliance with Laws. 12.02.1 The Contractor shall be responsible to know and to apply all applicable federal and state laws, all focal laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Contractor shall always observe and comply with all such laws, ordinances, rules, regulations, orders and decrees. The Contractor shall protect and indemnify County and all its officers, agents, servants and employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by bidder, its representatives, sub - contractors, sub - Contractors, professional associates, agents, servants, or employees. 12.02.2 All licenses and permits required to perform Contractor's duties under this contract whether such license or permit is required by the federal government, State of Florida, Volusia County, or any municipality, shall be at Contractor's sole cost and expense, and shall not be a cost of the County. All required licenses and permits shall be maintained in full force and effect during the term of this contract. Contractor shall perform its obligations hereunder in accordance with all applicable federal, state and local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the performance of this Contract. Contractor shall protect and indemnify County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, subcontractors, professional associates, agents, servants, or employees. Additionally, Contractor shall obtain and maintain at its own expense all applicable licenses and permits to conduct business pursuant Page 24 of 33 to this Contract from the federal government, State of Florida, County of Volusia, or municipalities when legally required and maintain same in full force and effect during the term of this Contract. 12.03 Truth-ln-Negotlation Certificate. The signature on this Contract by Contractor shall act as the execution of a truth -in- negotiation certificate stating that wage rates and other factual Unit costs supporting the compensation of this Contract are accurate, complete, and current at the time of Contracting. 12.04 Public Records Law. Contractor acknowledges the County's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (the 'Public Records Act"), to release public records to members of the public upon request. Contractor acknowledges that the County is required to comply with the Public Records Act, in the handling of the materials created under this Contract and that said statute controls the terms of this Contract. Contractor agrees to comply with all provisions of such Public Record Act as they apply to the Contractor. 12.05 Financial Records. Contractor agrees to maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. County shall have the right to audit the books, records, and accounts of Contractor that are directly related to the Contract. Contractor shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Contract. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for a minimum period of three (3) years after termination of this Contract. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings; provided, however, that it shall be County's responsibility to notify Contractor of the pendency of such audit. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. 12.06 Audit Right and Retention of Records. Contractor agrees to maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. County shall have the right to audit the books, records, and accounts of Contractor that are directly related to the Contract. Contractor shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Contract. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for the required retention period of the Public Records Act (if applicable, or, if the Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Contract. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Public Records Act is determined by County to be applicable to Contractor' records, Contractor shall comply with all requirements thereof; however, no confidentiality or non - disclosure requirement of either federal or state law shall be violated by Contractor. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. Page 25 of 33 12.07 Payments Subject to Appropriation. Notwithstanding any other term or provision of this Contract, the continuation of this Contract beyond a single fiscal year of County is subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. If at any time funds are not appropriated for the Services and Deliverables provided or to be provided under this Contract, cancellation shall be accepted by Contractor with thirty (30) days prior written notice, but failure to give such notice shall be of no effect. Termination by the County due to non- appropriation shall be without a termination charge by Contractor. County shall not be obligated to pay Contractor under this Contract beyond the date of termination except as set forth in Article 10 — Terms and Termination. County's obligation to pay Contractor is limited to the budgeted amount for a fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non -ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Article 4 — Compensation and Payments. 12.08 Prohibition Against Contingent Fees. 12.08.1 The Contractor warrants that he or she or it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that he or she or it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, compensation, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the County shall have the right to terminate this Contract without liability and, at its sole discretion, to deduct from the contract price or compensation for a one or more Work Orders, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 12.08.2 Contractor understands any acknowledges that any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for the Contractor, who offers, agrees, or contracts to solicit or secure County contracts for services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for services shall, upon conviction in a competent court of this State, be found guilty of a first degree misdemeanor, punishable as provided in Sections 775.082 or 775.083 of the Florida Statutes. 12.08.3 Any County official, agent or employee who offers to solicit or secure, or solicits or secures, a contract for services and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the County and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in Sections 775.082 or 775.083 of the Florida Statues. 12.09 No Code Violation or Past Due Debt. Contractor warrants and represents that Page 26 of 33 neither the business, nor any officer or significant stakeholder of the business is in violation of the Volusia County Code of Ordinances, and does not owe the County any past due debt. Any breach of the foregoing warranty and representation shall be a material breach of this Contract and the County shall have the right to terminate this Contract as set forth herein. 12.10 Changes Due to Public Welfare. The County and Contractor agree to enter into good faith negotiations regarding modifications to this Contract which may be required in order to implement changes in the interest of the public welfare or due to change in law or Ordinance. 12.11 Background Checks. Contractor and County understand that certain areas of the County's premises may not be available to Contractor's personnel without background checks and that such access is not required to perform the services contemplated by this Contract. 12.11.1 Nothing contained in this Contract shall relieve the Contractor or its subcontractors from conducting Level 1 background checks as defined in Chapter 435, Florida Statutes on any of their employees or agents who perform work on any job site under this Contract , Contractor acknowledges that by its execution of this Contract, it is certifying that Level 1 background checks of all its or or its subcontractor's employees or agents hire or or have been preformed prior to performance of any work under this Contracts. 12.12 Disadvantaged Business Enterprises Participation. The Contractor will appraise itself of g rP Pa pP and comply with all applicable laws concerning contracts with small business concerns owned and controlled by socially and economically disadvantaged individuals and all applicable labor wages rates and scales. In accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, 49 CFR, Part 23, and Volusia County Ordinances (Municipal code section 2- 269, County Ordinance No. 90-20, § 9,5- 17 -90), participation by Disadvantaged and Women Business Enterprises ("D&WBE ") in the Project shall be affirmatively assured by the Contractor.. DBE shall be afforded full opportunity to submit proposals in response to invitations to bid and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. It is the County's goal that the D &WBE participation for the Project is at least ten percent (10%). 12.13 Assignment 12.13.1 Contractor may not assign or otherwise convey Contractor's rights and/or obligations under this Contract without first providing County with a processing fee of Five Hundred Dollars (US$500.00) and obtaining County's prior written consent, which consent County may withhold, limit and /or condition in County's sole discretion, including, but not limited to posting a performance bond. Any consent by the County under this section shall be by written amendment to the Contract in a form and substance specified by the County in its sole discretion. if Contractor desires to assign or otherwise convey its rights and/or obligations under this Contract, Contractor shall, no less than one hundred twenty (120) days prior to the assignment's proposed effective date, provide County with a written request for County's consent. Page 27 of 33 12.13.2 Failure by the Contractor to obtain the County's consent in accordance with this section prior to assignment or other conveyance shall: 1) constitute a material breach of the Contract; and 2) entitle the County to retain any and all legal rights, claims and defense to enforce this section, including, but not limited to, injunctive, declaratory, damages and attorney's fees and costs. Payment of any sum by the County in accordance with the Contract to the Contractor or any person or entity prior to the Contractor obtaining the County's consent to the assignment shall not constitute a waiver of the rights of the County under this section. 12.13.3 Nothing herein shall preclude the right of the County to waive its rights under this section but no waiver shall be granted by the County without amendment to the Contract. The Contractor is hereby placed on notice that the County may demand a discount of up ten percent (10%) from those rates or compensation for the goods or services established in the Contract as a condition to execution of the amendment. 12.14 E- verify. The Contractor warrants that it has duly enrolled in the E -Verify system of the U. S. Department of Homeland Security ( "E- Verify System") and is party to a memorandum of understanding authorizing use of that system. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor on or after the effective date of this Contract and thereafter during the remaining term of the Contract. The Contractor shall certify by notarized affidavit to the County Project Manager on the g t e first day of each month that Y the Contractor remains in compliance with this " section and the Executive Order 11-116 of the Governor of the State of Florida (Executive Order"). The Contractor covenants and agrees that if it is found in violation of this section or the Executive Order, such violation shall be a material breach of this Contract and Contractor shall indemnify, defend and hold harmless the County from any fines or penalties levied by a govemment agency, including the Toss or repayment of grant funds by the County. ARTICLE 13 - MISCELLANEOUS PROVISIONS 13.01 Entire Contract. This Contract constitutes the entire contract between the parties. There are no understandings or Contracts related hereto other than those which are expressed herein, and all prior negotiations, Contracts, and understandings, whether oral or written, are superseded by this Contract, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto. 13.02 Notice. All notice required under this Contract shall be in writing and shall be sent by certified United States Mail or national parcel service, postage prepaid, return receipt requested, or by hand - delivery with a written receipt of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Page 28 of 33 In the case of County: with a copies of legal notices to: County of Volusia County of Volusia Attn: Director of Purchasing and Contracts Attn: County Attorney Address: 123 W. Indiana Ave., Room 302 Address: 123 W. Indiana Ave., Room 301 DeLand, Florida 32720 DeLand, Florida 32720 Phone: (386) 736 -5935 Phone: (386) 736-5950 Fax: (386) 736 -5972 Fax: (386) 736 -5990 In the case of Contractor: with a copy of legal notices to: Bean Construction, Inc. Bean Construction, Inc. Attn: Brian Reynolds, President Attn: Brian Reynolds, President Address: 222 State Avenue Address: 222 State Avenue Holly Hill, Florida 32117 Holly Hill, Florida 32117 Phone: (386) 257 -4175 Phone: (386) 257 -4175 Fax: (386) 257 -2357 Fax: (386) 257 -2357 13.03 Governing Law. The laws of the State of Florida and the Code of Ordinances of the County of Volusia, Florida, shall govem this Contract. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida and Code of Ordinances of County of Volusia, without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. 13.04 Venue and Jurisdiction. The venue for any litigation between the parties arising under this Contract shall be exclusively in the County of Volusia, Florida, unless the litigation is exclusively cognizable in federal court and venue shall then be exclusively in the United States District Court, Middle District of Florida in Orlando, Florida. Each party hereby agrees to submit to the personal jurisdiction of theses courts for any lawsuits filed there against such party arising under or in connection with this Contract. 13.05 Waiver of Jury Trial. Contractor and County hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to the Contract for any litigation limited solely to the parties of the Contract. 13.06 Attorneys Fees and Costs. Each party shall pay its own costs and attorney's fees relating to any dispute, mediation or litigation arising out of this Contract. 13.07 Severability. If any provision of this Contract shall for any reason be held to be invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Contract, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Contract shall remain in full force and Page 29 of 33 effect unless County or Contractor elect to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) Days after the finding by the court becomes final. Prior to terminating this Contract, the parties may agree to substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. 13.08 Waiver. Failure by either party or both parties to enforce any provision of the Contract shall not be deemed a waiver of such provision or modification of the Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract. 13.09 Amendment. No modification, amendment, change order, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same formality as this Contract and executed by a duly authorized official of each party. 13.10 Headings. Any paragraph and/or section headings used in this Contract are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Contract. 13.11 Public Entity Crime and Discriminatory Vendor List. Pursuant to Florida Statutory requirements, Contractor is hereby notified of the contents of the following statutory provision: 13.11.1 Section 287.133(2)(a)(2005): 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 Contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 13.11.2 Section 287.133(2)(b)(2005): A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 13.11.3 Section 287.134(2)(a)(2005): An entity or affiliate who has been placed on the discriminatory vendor list 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 Page 30 of 33 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 Contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity. 13.11.4 Section 287.134(2)(b)(2005): A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. 13.11.5 By signing this Contract, the Contractor represents and warrants that it is not violating Section 287.133, Florida Statutes, or Section 287.134, Florida Statutes. 13.11.6 In addition to the foregoing, the Contractor represents and warrants that Contractor is not under investigation for violation of such statutes and should Contractor prepare to use a subcontractor or professional associate, Contractor shall require such subcontractor or professional associate to sign an affidavit that the individual or entity is not under investigation nor in violation of these statutes. 13.11.7 The Contractor shall send to each labor organization or representative of workers with which the Contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 13.11.8 The Contractor shall include this section 3 clause in every subcontract subject to compliance with regulations 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor shall not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 13.11.9 The Contractor shall certify that any vacant employment positions, including training positions, that are filled (1) after the lowest responsible/responsive quote is selected but before the contract is executed, and (2) with persons other that those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Contractors obligations under 24 CFR Part 135. Page 31 of 33 13.12 Lead Based Paint Prevention Act (34 CFR, Part 35). The Contractor covenants and agrees that it shall comply with the Lead Based Paint Prevention Act (34 CFR, Part 35), which requires prohibition of the use of lead -based paint in renovation, modernization structures, or other improvement activities. 13.13 Anti - Lobbying. To the best of the County's knowledge and belief: 13.13.1 No Federal appropriated funds have been paid or shall be paid, by or on behalf of County, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative contract. 13.13.2 If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative contract, it shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 13.14 Safety. The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The Contractor shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations conceming "OSHA" and all applicable state labor laws, regulations, and standards. The Contractor shall indemnify and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attomey's fees and court costs) which may be imposed on the County because of the bidder, subcontractor, or supplier's failure to comply with the regulations. 13.15 Material Safety Data Sheet. In accordance with Chapter 442 of the Florida Statutes, it is the Contractor's responsibility to identify and to provide to the County a Material Safety Data Sheet for any material as may apply to this contract. 13.16 New Material. The Contractor represents and warrants that the goods, materials, supplies, or components offered to the County under this contract are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. Page 32 of 33 7 ' IN WITNESS WHEREOF, the parties have made and executed this Contract, the day and year written below. , ' , c 1 i. is CONTRACTOR: Bean Construction. Inc. ... 1 i ti _ (Seal �v , r 0 c, BY: Brian Reynolds '� o ` ` R or prfn ) , 0 - , b G -{ ^� /. /l , . QfErJU} r t Date: 4/24/2013 ATTEST: Fes►% �Y�-•4.-D Date: 4/24/2013 COUNTY OF VOLUSIA BY: COUNTY CO CIL OF VOLUSIA COUNTY, FLORIDA t , . - t:CJ v, 9 BY: „1 .. .. 3 ason P. Davis ' jSeal), • .. County Chair , .� ` d Date: 'r'� � -' ... ATTEST• /I i �� Date: th /T3 �!'- T. Dinneen Co Manager County Council Approval Date: 05/02/2013 Page 33 of 33 File Number: 878 Page 1 of 2 Date: 05/02/2013 AGENDA ITEM Item: 19 [] Ordinance [] Resolution [] Budget Resolution [X] Other Department: Community Services Division: Parks, Recreation and Culture Subject: Selection of general contractors for projects less than $50,000, 13 -SQ -62SR. David F. Byron Jeaniene Jennings Legal County Manager's Office Director Community Director Purchasing Services Daniel D. Eckert Charlene Weaver CPA - _ County Attorney Director CFO Legal Department Deputy County Manager / Approved in Accordance with Purchasing Policies ` eljAtsiga4 trGtt 1 and Procedures Tim Baylie Tammy Bong Director Parks Director Management and Approved as to Form Budget 42.77111art and Legality Approved as to Budget Requirements Council Action: Modification: Fund Number(s): Description: Amount: 001 General Fund Parks, Recreation and Culture Division repair $50,000.00 and renovation projects 001 General Fund Central Services Division repair and $25,000.00 renovation projects 001 General Fund Coastal Division repair and renovation projects $15,000.00 001 General Fund Daytona Beach International Airport repair and $15,000.00 renovation projects. 001 General Fund Coastal Division repair and renovation projets. $15,000.00 Total Item Budget: $120,000.00 Staff Contact(s):: Phone: Ext. Dave Byron 386 943 7029 12616 Tim Baylie 386 736 5953 12636 George Baker 386 254 1595 11850 Joe Nolin 386 248 8072 18335 Summary/Highlights: The county received eight statements of qualifications detailed on the attached tabulation sheet in response to a solicitation to provide general contractor services for projects less than $50,000. An evaluation committee comprised of Bobbie King, parks, recreation, and culture division facilities, operations, and maintenance manager; George Baker, central services division director; Joe Nolin, director, Coastal Division; Gary Morton, engineering and construction division construction manager; and Eric Hakanen, airport facilities engineer, reviewed the responses. Budget 5-4 19 -1 19 878 Selection of general contractors for projects less than $50,000, 13 -SQ -62SR. 19 -1 File Number: 878 Page 2 of 2 The committee recommends award of a three -year contract to the following five firms: Bean Construction Inc., Holly Hill, Florida; Hall Construction Co., Daytona Beach, Florida; P.W. Hearn Inc., Cocoa, Florida; Ruby Builders Inc., Orlando, Florida; and TYL Construction Inc., Ormond Beach, Florida. Master agreements will be issued to each vendor. All work will be accomplished in accordance with the county council approved budget. The estimated annual expenditure is $120,000. Recommended Motion: Approval. 19-2 Budget 5 -4 19 878 Selection of general contractors for projects less than $50,000, 13- SQ -62SR. 19 -2 Federal Davis Beacon Act The Davis -Bacon Act MIND as Amended U.S. Wage and Hour Division U.S. Department of Labor Wage and Hour Division WH Publication 1246 (Revised April 2009) Materials contained in this publication is in the public domain and may be reproduced, fully or partially, without permission of the federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein. This material will be made available to Sensory impaired individuals upon request. Voice phone: 202 - 693 -0675 TDD* phone: 202 - 523 -9530 PUBLIC LAW 107- 217 —AUG. 21, 2002 [as amended'] An Act To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, "Public Buildings, Property, and Works ". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TITLE 40, UNITED STATES CODE. Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified,and enacted as title 40, United States Code, "Public Buildings, Property, and Works ", as follows: TITLE 40— PUBLIC BUILDINGS, PROPERTY, AND WORKS * * * * SUBTITLE II— PUBLIC BUILDINGS AND WORKS * * * * PART A — GENERAL * * * * CHAPTER 31 – GENERAL * * * * SUBCHAPTER IV - WAGE RATE REQUIREMENTS Sec. 3141. Definition In this subchapter, the following definitions apply: (1) Federal government. — The term "Federal Government" has the same meaning that the term "United States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis -Bacon Act). (2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages. — The terms "wages ", "scale of wages ", "wage rates ", "minimum wages ", and "prevailing wages" include— (A) the basic hourly rate of pay; and 'Pub. L. 109 -284 Sec. 6(11), (12), and (13) made three minor technical corrections in Secs 3141(1), and 3142(d) and (e). (Sept. 27, 2006, 120 Stat.1213.) 2 The Davis -Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was classified generally to sections 276a to 276a -5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141 -3144, 3146, and 3147 of this title by Pub. L. 107 -217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the con- tractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of— (i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and (ii) the rate of costs to the contractor or subcontractor that may be reasonably an- ticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was com- municated in writing to the laborers and mechanics affected. Sec. 3142. Rate of wages for laborers and mechanics (a) Application.— The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics. (b) Based on Prevailing Wage. — The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there. (c) Stipulations Required in Contract.— Every contract based upon the specifications referred to in subsection (a) must contain stipulations that — (1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics; (2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and (3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents. (d) Discharge of Obligation.— The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference, may be discharged by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear the costs of a plan or program referred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not less than the basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title. (e) Overtime Pay.— In determining the overtime pay to which a laborer or mechanic is entitled under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under section 3141(2)(A) of this title, except that where the amount of payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is the amount of payments, contributions, or costs actually incurred with respect to the laborer or mechanic minus the greater of the amount of contributions or costs of the types described in section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or the amount determined under section 3141(2)(B) of this title but not actually paid. 3141(2)(B) of this title but not actually paid. Sec.3143. Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor's right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the Government for any excess costs the Government incurs. Sec. 3144. Authority of Comptroller General to pay wages and List contractors violating contracts (a) Payment of Wages. — (1) In general. — The Comptroller General shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter. (2) Right of action. — If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor's sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (b) List of Contractors Violating Contracts. — (1) In general. — The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors. (2) Restriction on awarding contracts. — No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list. * * * * Sec. 3146. Effect on other federal laws This subchapter does not supersede or impair any authority otherwise granted by federal law to provide for the establishment of specific wage rates. Sec. 3147. Suspension of this subchapter during a national emergency The President may suspend the provisions of this subchapter during a national emergency. Sec. 3148. Application of this subchapter to certain contracts This subchapter applies to a contract authorized by law that is made without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or on a cost - plus -a- fixed -fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract. Davis bacon Wage Determination Decisions Requirements http://www.wdol.gov/Index.aspx DAVIS BACON FORMS: 1. Certified Payroll and Interview Form (00900) 2. Obtaining Wage Determinations (00881) Davis -Bacon Wage Rate Information *Note: See httc: / /www.dot.st . I. onstru . 7 2.shtm #county /index * *Note2: Davis -Bacon does not apply to debris removal agreements. 29 CFR 1.5 - Procedure for requesting wage determinations. Section Number: 1.5 Section Name: Procedure for requesting wage determinations. (a) The Department of Labor publishes general wage determinations under the Davis -Bacon Act on the WDOL Internet Web site. If there is a general wage determination applicable to the project, the agency may use it without notifying the Department of Labor, Provided, That questions concerning its use shall be referred to the Department of Labor in accordance with Sec. 1.6(b). (b)(1) If a general wage determination is not available, the Federal agency shall request a wage determination under the Davis -Bacon Act or any of its related prevailing wage statutes by submitting Form SF -308 to the Department of Labor at this address: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Branch of Construction Contract Wage Determination, Washington, DC 20210. In preparing Form SF -308, the agency shall check only those classifications that will be needed in the performance of the work. Inserting a note such as "entire schedule" or "all applicable classifications" is not sufficient. Additional classifications needed that are not on the form may be typed in the blank spaces or on a separate list and attached to the form. (2) In completing SF -308, the agency shall furnish: (i) A sufficiently detailed description of the work to indicate the type of construction involved. Additional description or separate attachment, if necessary for identification of type of project, shall be furnished. (ii) The county (or other civil subdivision) and State in which the proposed project is located. (3) Such request for a wage determination shall be accompanied by any pertinent wage payment information that may be available. When the requesting agency is a State highway department under the Federal -Aid Highway Acts as codified in 23 U.S.C. 113, such agency shall also include its recommendations as to the wages which are prevailing for each classification of laborers and mechanics on similar construction in the area. (c) The time required for processing requests for wage determinations varies according to the facts and circumstances in each case. An agency should anticipate that such processing in the Department of Labor will take at least 30 days. • (a)(1) Project wage determinations initially issued shall be effective for 180 calendar days from the date of such determinations. If such a wage determination is not used in the period of its effectiveness it is void. Accordingly, if it appears that a wage determination may expire between bid opening and contract award (or between initial endorsement under the National Housing Act or the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937, and the start of construction) the agency shall request a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto. However, when due to unavoidable circumstances a determination expires before award but after bid opening (or before the start of construction, but after initial endorsement under the National Housing Act, or before the start of construction but after the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937), the head of the agency or his or her designee may request the Administrator to extend the expiration date of the wage determination in the bid specifications instead of issuing a new wage determination. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension of the expiration date of the determination is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all of the circumstances, including an examination to determine if the previously issued rates remain prevailing. If the request for extension is denied, the Administrator will proceed to issue a new wage determination for the project. (2) General wage determinations issued pursuant to Sec. 1.5(a), notice of which is published on WDOL, shall contain no expiration date. (b) Contracting agencies are responsible for insuring that only the appropriate wage determination(s) are incorporated in bid solicitations and contract specifications and for designating specifically the work to which such wage determinations will apply. Any question regarding application of wage rate schedules shall be referred to the Administrator, who shall give foremost consideration to area practice in resolving the question. (c)(1) Project and general wage determinations may be modified from time to time to keep them current. A modification may specify only the items being changed, or may be in the form of a supersedeas wage determination, which replaces the entire wage determination. Such actions are distinguished from a determination by the Administrator under paragraphs (d), (e) and (f) of this section that an erroneous wage determination has been issued or that the wrong wage determination or wage rate schedule has been utilized by the agency. (2)(i) All actions modifying a project wage determination received by the agency before contract award (or the start of construction where there is no contract award) shall be effective except as follows: (A) In the case of contracts entered into pursuant to competitive bidding procedures, modifications received by the agency Tess than 10 days before the opening of bids shall be effective unless the agency finds that there is not a reasonable time still available before bid opening, to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if the modification is received after bid opening. (B) In the case of projects assisted under the National Housing Act, modifications shall be effective if received prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (C) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, modifications shall be effective if received prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is executed, whichever occurs first. (ii) Modifications to project wage determinations and supersedeas wage determinations shall not be effective after contract award (or after the beginning of construction where there is no contract award). (iii) Actual written notice of a modification shall constitute receipt. (3) All actions modifying a general wage determination shall be effective with respect to any project to which the determination applies, if notice of such actions is published before contract award (or the start of construction where there is no contract award), except as follows: (i) In the case of contracts entered into pursuant to competitive bidding procedures, a modification, notice of which is published Tess than 10 days before the opening of bids, shall be effective unless the agency finds that there is not a reasonable time still available before bid opening to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if notice of the modification is published after bid opening. (ii) In the case of projects assisted under the National Housing Act, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (iii) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is signed, whichever occurs first. (iv) If under paragraph (c)(3)(i) of this section the contract has not been awarded within 90 days after bid opening, or if under paragraph (c)(3)(ii) or (iii) of this section construction has not begun within 90 days after initial endorsement or the signing of the agreement to enter into a housing assistance payments contract, any modification, notice of which is published on WDOL prior to award of the contract or the beginning of construction, as appropriate, shall be effective with respect to that contract unless the head of the agency or his or her designee requests and obtains an extension of the 90 -day period from the Administrator. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all the circumstances. (v) A modification to a general wage determination is "published" within the meaning of this section on the date notice of a modification or a supersedeas wage determination is published on WDOL or on the date the agency receives actual written notice of the modification from the Department of Labor, whichever occurs first. Archived versions of Davis -Bacon and Related Acts wage determinations that are no longer current may be accessed in the "Archived DB WD" database of WDOL for information purposes only. Contracting officers should not use an archived wage determination in a contract action without prior approval of the Department of Labor. (vi) A supersedeas wage determination or a modification to an applicable general wage determination, notice of which is published after contract award (or after the beginning of construction where there is no contract award) shall not be effective. (d) Upon his /her own initiative or at the request of an agency, the Administrator may correct any wage determination, without regard to paragraph (c) of this section, whenever the Administrator finds such a wage determination contains clerical errors. Such corrections shall be included in any bid specifications containing the wage determination, or in any on -going contract containing the wage determination in question, retroactively to the start of construction. (e) Written notification by the Department of Labor prior to the award of a contract (or the start of construction under the National Housing Act, under section 8 of the U.S. Housing Act of 1937, or where there is no contract award) that: (1) There is included in the bidding documents or solicitation the wrong wage determination or the wrong schedule or that (2) a wage determination is withdrawn by the Department of Labor as a result of a decision by the Administrative Review Board, shall be effective immediately without regard to paragraph (c) of this section. (f) The Administrator may issue a wage determination after contract award or after the beginning of construction if the agency has failed to incorporate a wage determination in a contract required to contain prevailing wage rates determined in accordance with the Davis -Bacon Act, or has used a wage determination which by its terms or the provisions of this part clearly does not apply to the contract. Further, the Administrator may issue a wage determination which shall be applicable to a contract after contract award or after the beginning of construction when it is found that the wrong wage determination has been incorporated in the contract because of an inaccurate description of the project or its location in the agency's request for the wage determination. Under any of the above circumstances, the agency shall either terminate and resolicit the contract with the valid wage determination, or incorporate the valid wage determination retroactive to the beginning of construction through supplemental agreement or through change order, Provided That the contractor is compensated for any increases in wages resulting from such change. The method of incorporation of the valid wage determination, and adjustment in contract price, where appropriate, should be in accordance with applicable procurement law. (g) If Federal funding or assistance under a statute requiring payment of wages determined in accordance with the Davis -Bacon Act is not approved prior to contract award (or the beginning of construction where there is no contract award), the agency shall request a wage determination prior to approval of such funds. Such a wage determination shall be issued based upon the wages and fringe benefits found to be prevailing on the date of award or the beginning of construction (under the National Housing Act, under section 8 of the U.S. Housing Act of 1937 or where there is no contract award), as appropriate, and shall be incorporated in the contract specifications retroactively to that date, Provided, That upon the request of the head of the agency in individual cases the Administrator may issue such a wage determination to be effective on the date of approval of Federal funds or assistance whenever the Administrator finds that it is necessary and proper in the public interest to prevent injustice or undue hardship, Provided further That the Administrator finds no evidence of intent to apply for Federal funding or assistance prior to contract award or the start of construction, as appropriate. SECTION 00881 DAVIS BACON DAVIS BACON PAY RATES Wage Determinations applicable to Davis -Bacon Act are to be obtained from the web -site: http: / /www.wdol.gov /dba.aspx Add: GENERAL DECISION Number: Date Applicable to General Decision Number: Superseded General Decision Number: State: Florida Construction Type: Heavy County: Seminole County in Florida. HEAVY CONSTRUCTION PROJECTS: Modification Number Publication Date Attach Copy of WD To this sheet with the appropriate additions completed. 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 (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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 and rate) ruling On survey related matters, initial contact, including requests 00881 -1 SECTION 00881 DAVIS BACON DAVIS BACON PAY RATES for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 00881 -2 SECTION 00883 DAVIS BACON FORMS: 1. Interview Form 2. Certified Payroll 3. Instructions 00900 -1 Version 4/11 LABOR STANDARDS INTERVIEW CONTRACT NUMBER AND LOCATION EMPLOYEE INFORMATION LAST NAME I FIRST NAME I MI NAME OF PRIME CONTRACTOR STREET ADDRESS NAME OF EMPLOYER CITY STATE ZIP CODE SUPERVISOR'S NAME WORK CLASSIFICATION WAGE RATE LAST NAME FIRST NAME MI ACTION CHECK BELOW YES NO Do you work over 8 hours per day? Do you work over 40 hours per week? Are you paid at least time and a half for overtime hours? Are you paid for all hours worked? Do you receive a 30- minute break for every 6 hours worked? Have you ever been threatened or coerced Into giving up any part of your pay? Are you receiving any cash payments for hinge benefits required by the posted wage determination decision? Examples of "bona Ifde' fringe benefits include (but are not limited to) life insurance, health insurance. pension, vacation, holidays, and sick leave WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURITY ARE MADE FROM YOUR PAY? HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY DUTIES PERFORMED TOOLS USED BEFORE THIS INTERVIEW? DATE OF LAST WORK DAY BEFORE INTERVIEW ( YYMMDD) WHEN DID YOU BEGIN WORK ON THIS PROJECT? ( YYMMDD) I HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST OF MY KNOWLEDGE EMPLOYEE'S SIGNATURE DATE (YYMMDD) X INTERVIEWER'S SIGNATURE DATE (YYMMDD) INTERVIEWER'S COMMENTS WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (fexploneiron is needed, use comments section) YES NO 15 EMPLOYEE PROPERLY CLASSIFIED AND PAID? ARE WAGE RATES AND POSTERS DISPLAYED? FOR USE BY PAYROLL CHECKER IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? OYES ONO COMMENTS CHECKER LAST NAME FIRST NAME MI JOB TITLE SIGNATURE I DATE (YYMMDD) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1445 (REV 7 -06) 00900 -2 Version 4/11 MI ill! . 1 0 3 1.111 y 1 f f S s S i G r ' ; 11 i 1 s z g � I 8 II 1e +2 1! t € it z' oil a 1 gs I 1 i °I e { i 2 - ri MI it °al l"i jib 1y o a § 10 0 ao 1$ a I I i s a i ' I i p . i 1 gyp 73 i 1_ i I1 d E iii 11 t r • e C o r • C b H he - a � li II 0 ii i 3 ti,._.., a 8§ lid a 2 i � :Iii it 3 3 a g 'r ii o ° l0s 1, 0 - o lip 11 W it E -s s 1 al !,, 4 lq! g i c ° y l I t '� Hi L v_S 0 ip 1 b E ! g W ip it on s gl V E E ` a t-, 4t Z F m bN iO W 2 0 zi CC U Q @1 H C h) C g! r U n 1 aa W u � �'° 1 o'So a L A. E Q FJ Tr I z W u� ❑ P W � 1 P 41 X a u ; 1 we r r 5 5g Crr r'Sb _c 5 „ g C m f $ q E m E S 8 g u 2 2 g 8 ' � M tl ° ° `ohs m 8 g in -E. c pY a . E 6 El 9 6 8 } � E w yy y o= ill; F C° E r r wd L 9 'a " a F. Ewe.. i f r 5 i 6 ill € _ 9 Y t z,7 lg s it & Vii` s [ i 4° 8 9'a i .A0",1 a taiE 4 . 1 '; gsto 8 9 0 si I a ilE$ EEp i 9 L p O• Cp R 1 ; 1 k t IS; I y S ,E E §{� a5 LL o SS 6 C , ° N& $' W .. v ��66 w y O E a 5 ? <.+ r 2 1 5E a2 F ' W Alai Z 4 ' Q t • : N i C 9 F q L' = I �j S+ 64 Y i i i. w 2 ....do �' t F ,e�4 Y f � r �9 A ❑ � pp v I 8. oCy Y a y � + •� 3 w Fi r 0 9 NA {10 ... „co Instructions For Completing Payroll Form, WH -347 htto://www.dol.aov/whd/forms/wh347instr.htm • WH -347 (PDF) OMB Control No. 1215 -0149, Expires 12/31/2011. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. General: Form WH- 347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally -aided construction -type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis -Bacon and related Acts. While completion of Form WH -347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Under the Davis -Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits. This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he /she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Payroll No.: Beginning with the number "1 ", list the payroll number for the submission. For Week Ending: List the workweek ending date. Project and Location: Self- explanatory. Project or Contract No.: Self- explanatory. Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted. 00900 -5 Version 4/11 Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries. Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime ". Column 5 - Total: Self- explanatory Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits Payment below. Pa ment of not less than time and one -half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus 1163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work. Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under 'Total Deductions" column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his /her weekly gross wage, and indicate that deductions are based on his gross wages. Column 9 - Net Wages Paid for Week: Self- explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Items land 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement. 00900 -6 Version 4/11 Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH -347 payroll form to indicate the payment. Note any exceptions in section 4(c). Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection of information, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection of information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210. Note: In order to view, fill out, and print PDF forms, you need Adobe® Acrobat® Reader® version 5 or later, which you may download for free at www. adobe. com / products /acrobat/readstep2.html. To save the completed forms on your workstation, you need to use the "Save As" method to save the file. For example, move your mouse curser over the PDF link and click on your "RIGHT" mouse button. This will cause a menu to be displayed, from which you will select the proper save option -- depending upon which browser you are using: For Microsoft IE users, select "Save Target As For Netscape Navigator users, select "Save Link As" Once you've selected the proper save option for your browser, and have saved the file to a location you specified, go to your program menu and start the Adobe Acrobat® Reader. Once open, locate the PDF file you saved and open it directly in Acrobat®. END OF SECTION 00900 -7 Version 4/11 EMPLOYEE RIGHTS UNDER THE DAVIS -BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not Tess than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one -half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and /or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: F. William Smith, Purchasing Manager City of Sanford 301 North Park Avenue, Room 243 Sanford, Florida 32771 Telephone: (407)688 -5028 FAX: (407)688 -5021 Email: bill.smith @sanfordfl.gov or contact the U.S. Department of Labor's Wage and Hour Division. Ilk �SNT o, For additional information: 1- 866- 4- USWAGE MIND (1 8 66 - 487 -9243) TTY: 1- 877 - 889 -5627 US Wage matt n ton , TA TEti 11F WWW.WAGEHOUR.DOL.GOV . U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division WH 1321)Revised April 2009) Resolution No. 2403 A Resolution of the City of Sanford, Florida relating to the delegation of authority to the City Manager relative to management and implementation of the requirements of the City's Community Development Block Grant Program including, but not limited to, powers relative to the approval and execution of contracts; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability and providing for an effective date. WHEREAS, the City Commission of the City of Sanford is involved in many diverse activities as part of the City's operating as complex municipal government including, but not limited, to the City's Community Development Block Grant Program; and WHEREAS, the City Commission of the City of Sanford is vested with certain responsibilities and powers under the provisions of the City Charter of the City of Sanford and the City Manager has other responsibilities and powers under the provisions of the City Charter, and WHEREAS, the City Commission of the City of Sanford desires to empower and direct the City Manager to implement and manage the requirements of the City's Community Development Block Grant Program and to take other appropriate actions to ensure the smooth and efficient operation and functioning of City government; and 11Page Whereas, Section 2.04 of the City Charter of the City of Sanford relates to the general powers and duties of the City Commission and provides that "[a]II powers of the City shall be vested in the Commission, except as otherwise provided by law or this charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law" and Section 3.04 of the City Charter of the City of Sanford relates to the powers and duties of the City Manager and provides, in pertinent part that "[t]he City Manager shall be the chief administrative officer of the City. The City Manager shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this Charter "; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and adopting this Resolution; and Whereas, the foregoing whereas clauses are hereby adopted as the legislative and administrative findings of the City Commission. Now, therefore, be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Resolution the recitals (whereas clauses) to this Resolution. (b). Although not a land development regulation, this Resolution is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. 2IPage (b). The City Clerk is hereby authorized to attest to the signature of and to otherwise fully assist the City Manager in the implementation of this Resolution and the execution of diverse contract documents approved under the provisions of this Resolution. (c). The City Attorney is instructed to assist the City Manager in the implementation of this Resolution. Section 4. Conflicts. All resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed and rescinded. Section 5. Savings. The prior actions of the City of Sanford relating to the implementation of the City's Community Development Block Grant Program, as well as all related subject matters and processes, are hereby ratified and affirmed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 7. Effective Date. This Resolution shall take immediate effect upon enactment. 4IPage Passed and adopted this 1 day of May, 2013. Attest: City Commission of the City of Sanford, Florida Qtth C anet Dougherty, y Cler Jeff Tripl 1r R : • r Approved as to form and legal sufficiency. • // William L. Colbert, City Attorney 5IPage