1586 Ruby Builders piggyback with Volusia Co 91970174) 4 , Tuesday, June 11, 2013
189 ,.4
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk/Men- G
RE: Ruby Builders Inc Piggyback contract with Volusia County No. 13.SQ.62SR 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 ® Mayor's signature
n Final Plat (original mylars) Recording
Letter of Credit Rendering / � /
Maintenance Bond Safe keeping (Vault) �U
❑ Ordinance Deputy City Manager
1 1 Performance Bond n Payment Bond
n Resolution ❑ City Manager Signature
1 1 1>Q City Clerk Attest /Signature
ja &_...aroP . , aa r'' op. ' Z_
Once completed, please: - ,, . `�`
❑ Return originals to Purchasing .
H Return copies r e r'`
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Special Instructions: f K.
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Marisol Ordoiiez COQ
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From Date
T: \Dept_forms t.ity Clerk Transmittal Memo - 4109 doe
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DOCUMENT APPROVAL 6/ 11/2013 1:39 PM
C tP G - PrcGrair .
Contract Agreement Name: Ruby Builders Inc Piggyback contract with Volusia
County No. 13.SQ.62SR less than $50,000
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Purchassin Manager' Date
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tD Financeirector Date
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C • * Attorney Date
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Ruby Builders, Inc. Piggyback Contract
The City of Sanford ( "City ") enters this "Piggyback" Contract with Ruby Builders, Inc.
(hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter
provided. The City and the Vendor agree as follows:
1. The Purchasing Policy for the City of Sanford allows for
"piggybacking" contracts. Pursuant to this procedure, the City is allowed to
piggyback an existing government contract, and there is no need to obtain formal or
informal quotations, proposals or bids. The parties agree that the Vendor has
entered a contract with Volusia County, Florida, said contract being identified as
"Construction Contract For General Contractors For Projects Less Than $50,000"
(Contract no. 13- SQ -62SR; said original contract being referred to as the "original
government contract ").
2. The original government contract is incorporated herein by reference
and is attached as Exhibit "A" to this contract. All of the terms and conditions set out
in the original government contract are fully binding on the parties and said terms
and conditions are incorporated herein.
3. Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ( "Term ") of this Contract: (state N/A if this is not applicable). N /A.
(b). Insurance Requirements of this Contract: (state N/A if this is not applicable).
N /A.
1
(c). Any other provisions of the original government contract that will be modified:
(state N/A if this is not applicable).
(1). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract,
the Vendor agrees that he /she /it shall send notices, invoices and shall conduct all
business with the City to the attention of City Manager, at: City of Sanford, 300
North Park Avenue; Sanford, Florida 32771. The City Manager's designated
representative for this Contract is Andrew Thomas., City Manager Department,
Senior Project Manager, CPSI, City of Sanford, Post Office Box 1788, 300 North Park
Avenue; Sanford, Florida 32771 -1778, telephone number (407) 688 -5000 (Extension
5132) and whose e-mail address is: andrew.thomassanfordfl.gov
(2). Notwithstanding anything in the original government contract to the contrary,
the venue of any dispute will be in Seminole County, Florida. Litigation between the
parties arising out of this Contract shall be in Seminole County, g , Florida in the Court Y
of appropriate jurisdiction. The law of Florida shall control any dispute between the
parties arising out of or related to this Contract, the performance thereof or any
products or services delivered pursuant to such Contract.
(3). Notwithstanding any other provision in the original government contract to the
contrary, there shall be no arbitration with respect to any dispute between the
parties arising out of this Contract. Dispute resolution shall be through voluntary and
non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction
in Seminole County, Florida, with the parties bearing the costs of their own legal
fees with respect to any dispute resolution, including litigation.
2
(4). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State, or local regulatory agencies inlcuding, but not
limited to, those listed in the exhibit hereto relating to Community Development Block
Grant projects, activities and programs of the City and, to that end, any and all Federal
laws, rules and regulations applicable to Community Development Block Grant
programs, and with regard to work funded under those programs, shall be applicable.
(d). All other provisions in the original government contract are fully binding on the
parties and will represent the a reement between the City and the Vendor.
Entered this; -day o , 013.
Attest: Ruby Buil • - Inc.
B „ ; I
Lee D Suberman Jeff Suber, n
Treasurer and Corporate Officer President : n4. Co orate Officer
Date: 62 /3
Attest: City Of Sanford
2?1d2J( • �(��' 1 By: —dada
Ja 'et Dougherty, City Clerk Norton N. Bo • - parte, Jr. CMA -CM
City Maria., -r (By d- - •ation).
Date: 9 /3
Approved as to form and legal sufficiency.
A i WO I 41
A illiam L. Colbert City Atto
hoOtid /67 h J &wror
/ to
3
Exhibit "A"
[Attach original government contract]
4
Exhibit A
Volusia County
Solicitation No.
13-SQ-62SR
(said original government contract)
=f Master Agreement NO. 680 9638 -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: JEFF SUBERMAN X110 Name: Bobbie Gene King County of Volusia
Phone:407- 293 -8217 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. 08123190080 Ship'To:
RUBY BUILDERS INC AS REQUIRED BY
USING DEPARTMENT
3939 SILVER STAR ROAD VOLUSIA COUNTY, FL 32720
ORLANDO, FL 32808
Solicitation Number: 13-SQ -62SR Purchasing Analyst: SHAIRA RESTO
Phone: 386-736-5935 EXt.:
E-mail: SResto@oo.volusia.fl.us
Award Date: 2013 -05-02
Award Authorization: COUNCIL Payment Terms: Net 45 Days, FOB Dest, Freight allowed
Document Description: GC's for projects less than $50K, 13-SQ -62SR
•
Line. Commodity Unit Descri tion Unit Price or
Item Code P Contract Amount
1 91200 EA General Contractors for projects less than $50K., 13-S0-62SR, CC 0.00000
approval on 05/02/13. 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.
County of Volusia
Jeaniene Jennings CPPB Sales Tax Exemption Number
Purchasing & Contracts Director 85 8012622393C -
Remainder of page is blank
A delivery order Is required for the release of items / services from the referenced Mester 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 pemiitted without a signed corrected Change Order.
If vendor terms and conditions conflict with Count of Volusia Terms and Conditions, the County's Terrns and Conditions prevail. See reverse side for terms and conditions.
Volusia County
FLORIDA
CONSTRUCTION CONTRACT
FOR
GENERAL CONTRACTORS FOR PROJECTS
LESS THAN $50,000
Between
THE COUNTY OF VOLUSIA
AND
RUBY BUILDERS, INC.
Contract no. 13- SQ -62SR
County of Volusia
Purchasing and Contracts Division
123 West Indiana Avenue, Roorn 302
Deland, Florida 32720 -4608
www.volusia.orq /purchasinq
-
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS 4
ARTICLE 2. ORDER OF PRECEDENCE 8
2.01 Exhibits 8
2.02 Precedence 8
ARTICLE 3. CONTRACTOR'S SERVICES 9
3.01 Scope of Services/Work 9
3.02 Assignment of Projects 9
3.03 Time of Commencement and Completion Date 10
3.04 Change in Scope of ServicesNVork 10
3.05 Acceptance of Work 11
3.06 Release of Liens 11
3.07 Ownership of Documents 11
3.08 Warranty 11
3.09 Responsibility of the Contractor 11
3.10 Representative of County 12
3,11 Representative of Contractor 12
3.12 Continuing the Work 12
3.13 F.O.B. Point 12
3.14 Use of Premises 12
3.15 Time is of the Essence 10
ARTICLE 4. COMPENSATION AND PAYMENTS 12
4.01 Compensation 12
4.02 Payments 12
ARTICLE 5. PERSONNEL OF CONTRACTOR 14
5.01 Supervision 14
5.02 Applicable Laws 14
5.03 Right of Rejection 14
5.04 Employment of Illegal Aliens 15
5.05 Nondiscrimination and Americans with Disabilities Act. 15
5.06 Fair Labor Standards Act 15
5.07 Drug -Free and Smoke -Free Workplace 15
ARTICLE 6. CONTRACTOR AS INDEPENDENT CONTRACTOR 16
ARTICLE 7. SUBCONTRACTORS 16
7.01 Prior Approval 16
7.02 License 16
ARTICLE 8. INSURANCE 16
ARTICLE 9. DELIVERABLES AND STANDARDS 20
9.01 Deliverables 20
9.02 Failure to Deliver 20
9.03 Standards 20
ARTICLE 10. TERM AND TERMINATION 20
10.01 Term 20
10.02 Termination 20
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10.07 Force Majeur 22
ARTICLE 11. LIMITATION OF LIABILITY 23
11.01 Sovereign Immunity 23
11.02 No Third Party Beneficiaries 23
11.03 Indemnification 23
ARTICLE 12. GOVERNMENT POLICIES 24
12.01 Modifications Due To Public Welfare or Change in Law 24
12.02 Compliance with Laws 24
12.03 Truth -In- Negotiation Certificate 25
12.04 Public Records Law 25
12.05 Financial Records 25
12.06 Audit Right and Retention of Records 25
12.07 Payments Subject to Appropriation. 26
12.08 Prohibition Against Contingent Fees. 26
12.09 No Code Violation or Past Due Debt. 26
12.10 Changes Due to Public Welfare. 27
12.11 Background Checks. 27
12.12 Disadvantaged Business Enterprises Participation. 27
12.13 Assignment 27
12.14 E- verify 28
ARTICLE 13. MISCELLANEOUS PROVISIONS 28
13.01 Entire Contract 28
13.02 Notice 28
13.03 Governing Law 29
13.04 Venue and Jurisdiction 29
13.05 Waiver of Jury Trial 29
13.06 Attomeys Fees and Costs 29
13.07 Severability 29
13.08 Waiver 30
13.09 Amendment 30
13.10 Headings • 30
13.11 Public Entity Crime and Discriminatory Vendor List 30
13.12 Lead Based Paint Prevention Act (34 CFR, Part 35) 32
13.13 Anti - Lobbying 32
13.14 Safety 32
13.15 Material Safety Data Sheet 32
13.16 New Material 32
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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 Ruby Builders,
Inc., a corporation duly authorized to conduct business in the State of Florida, with its principal office
located at 3939 Silver Star Road, Orlando, Florida 32808 (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 furnish 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
Page4of33
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
(NE)" 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 p rovided 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 concerns 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
materialman or laborer, who enters into a contract with the County for improving real property in
accordance with the Contract Documents.
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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.
Page 6 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 fumished
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
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 pursuant to the Project Specifications and requirements.
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:
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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 govern 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.
Page9of33
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 Services!Work. 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 Services/Work, 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/Vork
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 attomey'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 contractors license and insurance for all work
performed at all times during the term of this Contract.
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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
clean, 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.
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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 All 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.
P Y 9
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
furnish a release in full, furnish 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
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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 Errorl 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
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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 11). 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 less 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.
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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 vehicles 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 right 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 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
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$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 attorney'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
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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 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.
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,
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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 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.
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 self - 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 clearly 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 furnish 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
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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
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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
fumished 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
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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, less 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.
Page 22 of 33
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 tY 9 dY 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 bsses 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 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 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 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 subconsultant 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 local 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 -In- Negotiation 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 be required in order to
otiations regarding modifications to this Contract which may b
9 9 9 Y q
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
and comply with all applicable laws concerning contracts with small business concems 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 attomey'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 first day of each month that 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 loss 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:
Page28of33
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 Attomey
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 legal le al notices to:
Ruby Builders, Inc. Ruby Builders, Inc.
Attn: Jeff Suberman, President Attn: Jeff Suberman, President
Address: 3939 Silver Star Road Address: 3939 Silver Star Road
Orlando, Florida 32808 Orlando, Florida 32808
Phone: (407) 293 -8217 Phone: (407) 293 -8217
Fax: (407) 293 -6481 Fax: (407) 293-6481
13.03 Governing Law. The laws of the State of Florida and the Code of Ordinances of the County of
Volusia, Florida, shall govern 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
i
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
concerning "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 attorney'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
IN WITNESS WHEREOF, the parties have made and executed this Contract, the day and yea ' , itten
below.
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ATTEST: (..0" t44lALt ) l(f�'� 4/ Date: i
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COUNTY OF VOLUSIA t ). -
BY CO LINTY C . - CIL OF VOLUSIA COUNTY, FLORIDA it i" C J f ,1
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County Council Approval Date: 05/02/2013
Page33of33
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
� i Legal Department Deputy County Manager
` % Approved in Accordance
with Purchasing Policies
and Procedures
Tim Baylie Tammy Bong
Director Parks Director Management and Approved as to Form
Budget 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. —
wa
„ „ « «
The terms "wages", scale of wages", "wage rates", "minimum wages", and "prevailing
g g g
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.)
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.
f I
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
LABOR STANDARDS INTERVIEW
CONTRACT NUMBER AND LOCATION EMPLOYEE INFORMATION
LAST NAME FIRST NAME MI
NAME OF PRIME CONTRACTOR STREET ADDRESS
NAME OF EMPLOYER CITY STATE ZIP CODE
SUPERVISORS NAME WORK CLASSIFICATION WAGE RATE
LAST NAME FIRST NAME MI
CHECK BELOW
ACTION • YES NO
Do you work over 8 hours per day?
Do you work over 40 hours per week?
Are you paid at (east 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 fringe benefits required by the posted wage determination decision?
Examples of "bona fide' 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
EMPLOYEES SIGNATURE DATE (YYMMOD)
X
INTERVIEWER'S SIGNATURE DATE (YYMMDD)
INTERVIEWERS COMMENTS
WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (If explanation 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
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Instructions For Completing Payroll Form, WH -347
http://www.dol.00v/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" below. Payment 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 "$163.00/$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
"All obligations set forth in this document shall be applicable to the Vendor."
(A). Compliance.
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as
implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders
issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal
financial assistance provided under this Agreement and binding upon the City, the Subrecipient
and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the City, the Subrecipient and any of the Subrecipient's
subrecipients and subcontractors, their successors and assigns, to those sanctions specified by
this Agreement through which Federal assistance is provided. The Subrecipient certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
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requirements.
(B). The Subrecipient further agrees to comply with these "Section 3" requirements and to
include the following in all subcontracts executed under this Agreement:
g i�'
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very
low- income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low- income persons residing in the
metropolitan area in which the project is located."
(C). The Subrecipient further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project are given to
low- and very low- income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to low- and very low- income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low- income
persons residing within the metropolitan area in which the CDBG- funded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in
other HUD programs.
(D).The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
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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]ll
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.
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Section 2. Delegation to City Manager relating to City's Community
Development Block Grant Program.
(a). The City Manager is hereby authorized to administer all aspects of
the City's Community Development Block Grant Program within City of Sanford
municipal government including, but not limited to, the approval and execution of
diverse and various types of contracts relating to the implementation of the
Program.
(b). Notwithstanding the provisions of this Section, the City Manager
may determine that it is desirable or appropriate to submit any matter
enumerated herein to the City Commission for action as deemed necessary.
(c). The City Manager shall report all actions taken under the provisions
of this Resolution to the City Commission as soon as practicable after taking
such actions.
(d). The City Manager shall ensure that all ethics laws are adhered to
during the course of procurement actions and activities taken in furtherance of
the implementation of this Resolution and the City's CDBG Program. The City
Attorney shall assist the City Manager in such adherence to high ethical
standards and actions.
Section 3. Future Implementing Actions.
(a). The City Manager is assigned the responsibility to take any and all
necessary administrative actions that may be desirable or necessary to
implement the provisions of this Resolution.
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(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 Y Y Y er in the g
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.
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Passed and adopted this 1 day of May, 2013.
Attest: City Commission of the City of
Sanford, Florida
Kits J
anet Dougherty, Cvlty Cler! J Tripl �R leff r
Approved as to form
and legal sufficiency.
-
William L. Colbert, City Attorney
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