#10-5457 (E.Z. Lock Shutters & Glass)
A G R E E MEN T10-5457
for
Roll Down Shutters for CAT Transfer Station and other County Facilities
THIS AGREEMENT, made and entered into on this 25th day of May 2010, by and between
E.Z. Lock Shutters & Glass, Inc., authorized to do business in the State of Florida, whose
business address is 10450 SW 184th Terrace, Miami, Florida 33157, hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County".
WIT N E SSE T H:
1. COMMENCEMENT. The Contractor shall commence the work from date of Notice to
Proceed. The contract shall be for a one hundred and twenty (120) days, commencing
on the date of Notice to Proceed.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional months. The County shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effect.
The Contractor shall apply for all permits within five (5) working days from the date of
the Purchase Order issued with the Notice to Proceed from the Contract Manager and
shall have finally completed the Work on or before the expiration of ninety (90) calendar
days from the date of issuance of all permits.
Per the granting agency requirements: (i) the subcontractor is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of
work under this Agreement, to the extent allowed and required by law.
2. STATEMENT OF WORK. The Contractor shall provide the materials and labor to
install wind protection shutters in three (3) County sites in accordance with the terms
and conditions of Bid# 10-5457 and the Contractor's proposal referred to herein and
made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
Page I of 15
mutually agreed upon in writing by the Contractor and the County project manager or
his designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated maximum amount of one hundred seventy three
thousand six hundred and seventy six dollars ($173,676), which is based on the unit
prices set forth in the Contractor's proposal, subject to Change Orders as approved in
advance by the County. One solicitation was issued for three County sites: Collier Area
Transit Station, Golden Gate Community Center and lmmokalee Sports Complex.
Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
EZ Lock Shutters & Glass, Inc.
10450 SW 184th Terrace
Miami, Florida 33157
Telephone: (305) 251-0530
Facsimile: (305) 971-0801
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
Page 2 of 15
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. All
non-County permits necessary for the prosecution of the Work shall be procured and
paid for by the Contractor. The Contractor shall also be solely responsible for payment
of any and all taxes levied on the Contractor. In addition, the Contractor shall comply
with all rules, regulations and laws of Collier County, the State of Florida, or the U. S.
Government now in force or hereafter adopted. The Contractor agrees to comply with
all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Page 3 of 15
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident ansIng from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Alternative Transportation Modes Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
Page 4 of 15
verbatim: Contractor's Proposal, Insurance Certificate, Bid #10-5457 Specifi-
cations/Scope of Services, FEMA Granting Requirements and Addenda.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
Page5ufl5
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
23. KEY PERSONNEL/PROJECT STAFFING: The proposer's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to insure
that competent persons will be utilized in the performance of the contract. Selected firm
shall assign as many people as necessary to complete the project on a timely basis, and
each person assigned shall be available for an amount of time adequate to meet the dates
set forth in the Project Schedule. Firm shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/ or experience. (2) that the County is notified in writing as far in
advance as possible. Firm shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight ~.,H~~ck, Clerk of, cour~
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,.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~~w,c+
Fred W. Coyle, Chairman
EZ Lock Shutter & Glass, Inc.
I..:J,'
By:
~109 '
tT' itnessn~
econd Witness
e6t'rt E (!II~[;O/
{
tType/print witness namet
A,.0,....,., ESfl"102<l
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TYP' signature and title
Approved as to form and
legal sufficiency:
~ott? - \ eC<Q..\,
Print Name
Page 7 of IS
Exhibit A
Granting Agency Requirements
Funded by US Department of Homeland Security I Florida Division of Emergency Management
Hazard Mitigation Grant Program (HMGP)
CFDA 97.039
Grant Requirements
1. Debarment and Suspension (E.Os 12549 and 12689)- Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the non procurement
portion of the General Services Administration's List of parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principals. Vendors submitting proposals for
this purchase must attest that they, and their subcontractors and partners, are not excluded from
receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.c. 6101, note, E.O. 12549, E.O. 12689, 48
CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and
debarment. Contractor's debarment and suspension status will be validated at the Federal Excluded
Parties List System at: httPs://www.epls.gov/ and the State of Florida at http://dms.mvflorida.
com/busin ess _ operations/state_pu rchasing{ vendor_information.
2. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with (1)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which
provides that no person in the United States shall on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the Recipient receives Federal financial assistance and will
immediately take any measures necessary to effectuate this assurance. If any real property or structure
thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient,
this assurance shall obligate the Recipient, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a purpose for which
the Federal financial assistance is extended, or for another purpose involving the provision of similar
services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.c.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504
of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375
and 12086, and the regulations issued pursuant thereto, which provide that no person shall be
discriminated against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction contracts; affirmative
action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of payor other forms of compensation; and election
for training and apprenticeship;
Page 8 of 15
3. Americans With Disabilities Act - Contract awards will comply with the Americans With Disabilities Act
(Public aw 101-336, 42 U.S.c. Section 12101 et seq.), where applicable, which prohibits discrimination
by public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in telecommunications;
4. Copeland "Anti-Kickback" Act (18 V.S.c. 874 and 40 V.S.C. 276c) -All contracts and subgrants in excess
of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti-Kickback" Act (18 U.S.c. 874), as supplemented by Department of
Labor regulations (29 CFR part 3), "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up any part of the compensation to
which he is otherwise entitled. The recipient shall report all suspected or reported violations to the
Federal awarding agency.
5. Davis-Bacon Act, as amended (40 U.S.c. 276a ta 0-7) - Section 1606 of the Recovery Act requires that
all laborers and mechanics employed by contractors and subcontractors on projects funded directly by
or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act
shall be paid wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code. When required by Federal program legislation, all construction contracts
awarded by the recipients and subrecipients of more than $2000 shall include a provision for
compliance with the Davis-Bacon Act (40 U.S.c. 276a to a-7) and as supplemented by Department of
Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing
Federally Financed and Assisted Construction")" Under this Act, contractors shall be required to pay
wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages
not less than once a week. The recipient shall place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation and the award of a contract shall
be conditioned upon the acceptance of the wage determination. The recipient shall report all
suspected or reported violations to the Federal awarding agency. The following US Department of
Labor prevailing wages in decision FL20080111 02/12/2010 is applicable to this project.
STATEMENTS AND PAYROLLS (29 CFR3) Payrolls and basic records relating thereto shall be maintained
by the contractor and each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees,
watchmen, helpers, and guards working at the site of the work.
The payroll records shall contain the name, social security number, and address of each such employee;
his or her correct classification; hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section
1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation
indicating whether the employee does, or does not, normally reside in the labor area as defined in
Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b,
has found that the wages of any laborer or mechanic include the amount of any costs reasonabiy
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis
Page 9 of I"
Bacon Act, the contractor and each subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
that the plan or program has been communicated in writing to the laborers or mechanics affected, and
show the cost anticipated or the actual cost incurred in providing benefits. Contractors or
subcontractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to
the SHA resident engineer a payroll of wages paid each of its employees (including apprentices,
trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged
on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of this Section V. This
information may be submitted in any form desired. Optional Form WH-347 is available for this purpose
and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1),
U.S. Government Printing Office, Washington, D.e. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor
or subcontractor or his/her agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following: 1. that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this Section V and that such information
is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage
rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in
the applicable wage determination incorporated into the contract. 4. The weekly submission of a
properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section
V. 5. The falsification of any of the above certifications may subject the contractor to civil or criminal
prosecution under 18 U.s.e. 1001 and 31 U.s.e. 231. 6. The contractor or subcontractor shall make the
records required under paragraph 2b of this Section V available for inspection, copying, or transcription
by authorized representatives ofthe SHA, the FHWA, or the DOL, and shall permit such representatives
to interview employees during working hours on the job. If the contractor or subcontractor fails to
submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after
written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
Page 10 of 15
GENERAL DECISION: FL20080ll1 02/12/2010 HIll
Date: February 12, 2010
General Decision Number: FL20080111 02/12/2010
State: Florida
Construction Type: Building
County: Collier County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments
up to and including 4 stories).
Modification Number
o
1
2
Publication Date
07/10/2009
09/04/2009
02/]2/20]0
ELEC0349-005 08/31/2009
Entire County except that portion due west of Broward County and east of the south
southwest corner of Hendry County
Rates
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 25.05
ELEC0728-005 08/31/2009
Remainder of County
Rates
ELECTRICIAN......................$ 28.46
* ENGI0487-007 01/01/20]0
Rates
OPERATOR: Crane
All Tower Cranes (Must
have 2 operators) Mobile,
Rail, Climbers, Static-
Mount; All Cranes with
Boom Length 150 Feet &
Over (With or without jib)
Friction, Hydro, Electric
or Otherwise; Cranes 150
Tons & Over (Must have 2
operators); Cranes with J
Drums (When Jr-d drum is
rigged for work); Gantry &
Overhead Crane~; Hydro
Cranes Over 2S Tons but
not more than 50 Tons
(Without Oiler/Apprentice);
Hydro/F":riction Cranes
without Oiler/Apprentices
when Approved by Union; &
All Type of Flying Cranes;
Boom Truck. . . . . . ' . . . . . . . . , . . $ /8.30
Ct anes wi tb Boom Lenqth
Less t.han 150 Feet (Wi th
or without jib); Hydro
Cranes 25 Tons & Undec, &
Page II uf])
Fringes
7.56
Fringes
12.5%+5.00
Fringes
8.78
Over 50 Tons (With
Oiler/Apprentice); Boom
Truck. . . . . .,. ... .. . . . ..... . " $ 27" 57
OPERATOR: Mechanic.......,......$ 27.5'/
OPERATOR: OileL................ $ 22.24
8."18
8.78
8.78
IRON0272-003 10/01/2006
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL....... $ 26.70 6.43
PAIN0365-002 07/01/2008
Rates
PAINTER: Spray Only...... .......$ 16.00
Fringes
6.15
SUFL2009-008 OS/22/2009
Rates
BRICKLAYER. .. .. . ..... ... . . ...... . $ 18.95
Fringes
0.00
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 16.23
3.70
CEMENT MASON/CONCRETE FINISHER...$ 13.05
1. 49
INSULATOR - PIPE & PIPEWRAPPER...$ 13.13
3.03
LABORER: Asphalt Shoveler. .... ..$ 7.88
0.00
LABORER: Common or GeneraL..... $ 11. 79
2.03
LABORER: Concrete Saw...........$ 12.63
0.00
LABORER: Mason Tender - Brick...$ 13,,00
0.00
LABORER: Mason Tender -
Cement/Concrete.. .......... ... ...$ L2.83
1.90
LABORER: Pipe layer. .............$ 12.31
1. 19
LABORER: Roof Tearoff.... ...... $ 8.44
0.00
LABORER: Landscape and
Irrigation...."...............,...$ 12.00
0.00
OPERATOR: Asphalt Spreader......$ LI.41
0.00
OPERATOR: Backhoe/Excavator.....$ 11.00
0.00
OPERATOR: Blade/Grader..... .....$ 13.73
0.00
OPERATOR: Bu1Ldozer.............$ I5.0l
0.00
OPERATOR: DJstributor.....,.....$ 12.37
0.00
OPERATOR: Forkllft..........,...$ 11 :10
0.00
OPERATOR: Loader. " . . . . . . . . . . . . . . $ 13. BO
L.79
Page 1201'15
OPERATOR: Paver. . . . . . . . . . . . . . . . . $ 11.69
0.00
OPERATOR: Pump... .... .......,...$ 19.00
0.00
OPERATOR: Roller................$ 10.68
0.00
OPERATOR: Screed................$ 11.34
0.00
OPERATOR: Tractor. ......... ... ..$ 9.91
0.00
OPERATOR: Trencher. . . . . . . . . . . . . . $ 11. 75
0.00
PAINTER: Brush and Roll er
Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.46
0.00
PIPEFITTER.......................$ 17.83
0.00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.58
0.00
ROOFER (Metal Roofs Only)........$ 14.26
0.59
ROOFER, Including Built Up,
Hot Tar, Modified Bitumen,
Shake & Shingle, Single Ply
and Slate & Tile (Excluding
Metal Roof)......................$ 13.92
0.52
SHEETMETAL WORKER................ $ 18.79
3.21
TILE SETTER...................... $ 14.61
0.00
TRUCK DRIVER: Dump Truck........$ 10.00
0.00
TRUCK DRIVER: 1,owboy Truck. ... . . $ 12.09
0.00
WELDERS - Receive rate prescribed for craft performing operatjon to which welding
is incidental.
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as providecl in the labor
standards contract clauses (29 CFR 5.5(a) (1) (iil).
In the Ii,sting above, the "SU" designatiofl means that rates listed under the
identifier do not reflect: collectively bargained wage and fringe benefit rates.
Other designations i.ndicate unions whose rate,s have been deterrn,Lned to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decisj_on in the matter? This can be:
*
an existing published wage determination
a survey underlying a wage determination
*
Page 13 of I 5
* a Wage and Hour Division letter setting forth a position on
a wage
determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of
surveys, should be with the Wage and Hour Regional Office for the area in which
the survey was conducted because tllose Regi.onal Offices have responsibi_lity for
the Davis-Bacon survey program. If the response from this initial contact is not
satisfactory, then the process described i,n 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal Process described
here, ini_tial 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.) I f 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 th_e Interested party's
position and by any information (wage payment data, Project description, area
practice material, etc.) that the requestc)r Considers relevant to the issue.
3.) If the decision of the Administrator lS 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. DepartmeIlt of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrat.ive RE:cview Board are fina'l.
SND OF G~NERAL DECISION
6. Contract Work Hours and Safety Standords Act (40 USe. 327-333)- contracts awarded by recipients in
excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107
of the Contract Work Hours and Safety Standards Act (40 USe. 327-333), as supplemented by
Department of labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than 11/2times the basic rate of pay for all hours worked in excess of
40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that
no laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
Page 1" of 15
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
7. Clean Air Act (42 USe. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.s.e. 1251 et
seq.), as amended -Contracts and subgrants of amounts in excess of $100,000 shall contain a
provision that requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 USe. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 U.S.e. 1251 et seq.). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 USe. 1352)- Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.e. 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
9. Access to Records - With respect to each financial assistance agreement awarded utilizing at least some
of the funds appropriated or otherwise made available by FEMA, any representative of an appropriate
appointed delegate is authorized -- (1) to examine any records of the contractor or grantee, any of its
subcontractors or subgrantees, or any State or local agency administering such contract that pertain to,
and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and (2) to
interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such
transactions.
Page 15of!5
09-23-2009
ALEX SiNK
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
G:-iJE'F fiNANCIAL OFFICER
CONSTRUCTION INDUSTRY EXEMPTION
Tnis certifies th"t the individuaLlisfed below bas eleded to be exempt from Florida Workers: Compensation law.
EFFECTIVE DATE:
09/23/200,9
EXPIRATION DATE: 09/23/201.1
ANDRES
PERSON: ESPINOZA
FEIN: 650761829
BUSINESS NAME AND ADDRESS:
EZ LOCK SHUTTERS & GLASS INC
9865 SANTOS DRIVE
MIAMI FL 33189
SCOPES OF BUSINESS OR TRADE:
1- SHUTTER INST ALLATIDN
!MPI'lRTAIlT: PursU3I\[ tll OIapler 440 05(141, LS.. In! officer at 3: clJfp:oratiO'n Witll elecls exemption- lrllm t!lis dlapter t1-y fiHrrg a- certificolte' of elecUon-lIllh'r (hi's
sedlon may !lot nl'C"llver becl1'l!ffts or ClJmpellsaltlln tmder this chapter. PlI1"SlJiJot III Chapter 44a...050Zl. F.S., Certificates lit eiectio'll to 1J.e exe-mp.t__ app-l'1 only witilin the
5C1Jpe af the o'lfSiness or trad-e listed an tile lW1ice af elecd.un to be exemot. F'u.rsualll to Chapter 44ItD.S(J3), F.S., No(ic~ of election ((I b.e eump.t and ce:~tLficates OJ
e-hn::dnn to be exempt sluJll be subject to rEW1JJ:atinn if, al ~ny [fme att-er il1e filing ot tile It[Jtjce Dr tile issuance lIf the certifica~e, the p.eTs~n flameD D'.f1 the notice lJr
c:erti.ficate n,D IOIJ'1er me~ts th_e requirements of (his section for issll.3:nc:e of a li:ertificate. The department slla!1 re~ok~ a certificate al any time for faitur-e of me perslJ;lI
named on llle eertific:at:8 to meet the requirements of this. section.
QUESTIONS? 18501 413-1609
OWC-252 CERTIFICATE OF ELECTiON TO BE EXEMFT BEVISED 09-DE
PLEASE CUT OUT THE CARO BELOW A.NO RETAIN FOR FUTURE REFERENCE
STAn: OF FLORlDA
DEPARTMEN.T OF F!J\!ANCtAL SERVICES
DIVISION OF WORKERS' COMPENSA nON
CONSTRUCTION INDUSTRY
CERTIACATE OF ELECTION TO BE EXEMPT FROM FLORIDA
WoRKERS. COMPENSA.T!ON LAW
'EFFECTIVE; 09/23/2009 EXP:rRAT:roN DATE: 09/23/2011
PERSON: ANDRES ESPINOZA
FEIN: Ei50?Ei 1 829
BUSINESS NAME AND ADDRESS:
EZ LOCI:: SHI.frTERS & GLAss. .lNC
9865 SANI'OS DRIVE
MIAMI, Fl 3-3189
F , IMPORTANT
o Pursuant to ChapTer 440_0:5:(14), F.S., an- officer of a corporation who
e'l-ects. exempnon from this chapter by fifing a certific3te of election
L under this section may not recover benefits or compensation under this
o chapter.
H PUrsuant to Chapter 440.05(12), F.S., Certi-fjcates of election to be
exempt- app:ly only within the scope of the b-usIness or trade listed on
E the notice of election to be ex-emot
R '
E PursuEnt to Chapter 440.05{13t F.S., Nott.cBs of electicrn to be exempt
and certificates of election to be exempt shaH be subject to revocation
if. at any time aiter the Wing of the notice or the issuance of the
c:ertifil::ate, the persnn named en the notice elf certificate no longer meets
the requirements of thfS section for issuance of a certificate_ The
dep-artment sharr revoke a certificate at any time for fallure of the
person named 011 -the certificate to meet the rel1uiremerrts of this
sectlon_
SCOPE OF BUSINESS OR TRADE:
1- SHUTTER INSTALLATION
QUESTIONS? 18501 413-1609
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
::WC-252 C:::ST!i='!CAT:::
- =:..=,:TiOf\!
:::XEiV1P7 ;:;:::VlS;:::iJ D9~CJc
ALLSTATE INSURANCE COMPANY
Home Office Northbrook. 111ino~s
Calendar Date 03/23/2010
FLORIDA
r-U'S'OI~"~ SFR \/TiF ..PQU'C,'!'
\..,- I 'IL'''< _I -'-'-''- K_ 1_......
COMMERCII-\L AUTO POl.ICY
Policy Number: 048943987 07/29
BUSINESS NAME
BUSN ADDRESS
CITY
HOME PHONE
EZ LOCK SHUTTERS CORP
10450 SW 184 TERR
MIAMI ST: FL ZIP: 33157
( 305 ) 251 - 0530 BUSINESS PHONE (786) 282 - 5896
----------------------------------------------------------------------------
CONSISTENT ITEM COVERAGES
COVERAGE
M Bodily Injury EaPer.
L i abi 1 i ty Ea ace
Liability OED (opt)
Llability DEO (amt)
AS Combi ned BT & PO
L iabil ity .DED (ODt)
Liability OED (amt)
SS Prop Damage Ea ate
Liability OED (opt)
LIMIT FROM
10000
20000
TO
500000
10000
-
-
ALLSTATE INSURANCE COMPANY
Home Office Northbrook, Illinois
Calendar Date 03/23/2010
FLORIDA
CUSTOMER SERVICE REOUlST
COMMERCIAL AUTO POLICY
Po Ii cy Number 0489,13987 07/29
---------------------------------------------------------------------------
Liability DED (amt)
-----------------------------------------------------------------------
CHANGE COVERED AUTOS SYMBOLS
COVERAGE
AB Combined BT & PD
AA Bodily Injury
B8 Property Damage
PREV IOUS
NEW
07
07
07
-----------------------------------------------------------------.--..
CHANGE MISCELLANEOUS COVERAGES
Po Ii cy Zi p Code 33189
Fellow Employee Y Option 0
----------------------~-----------------------------------------------------~
THIS ENDORSEMENT HAS AFFECTED THE FOLLOWING POLICY FORMS,
Forms Deleted:CA9927 0187 SPLIT LIABILITY
-------------------------------------------------------------------- .----- .
RtOUEST IS SUBJEU TO POLICY TERMS ANO IS EFFECTIVE ONI_ Y IF
, Y NOTra IS CURRENTL YIN FORCE
EFFECTIVE 09:59 AM 03/23/2010
is a crime to knowingly provide false, incomplete or
misleading it! ormation to aD insurance company for the purpose of
defrauding the company. Penalties include imprisonment, fines and'
denial of insurance benefits,
POLICYH~E? Si gnature .
~~, - NO 079553 LOC SSE
n~t~ 19natUre
305-253-8220
,Llgent 's Phone#
~.:::l""~
~
'" ~.""
07/08/2010 14:12
3052281525
CITINSURANCE AGENCY
PAGE 01/01
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DA'Te(MNfDOrYV)
07/08/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CITINSURANCE AGENCY CORP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8390 WEST FLAGLER ST SUITE 213 ALTER THE COVERAGE AFFORDED BY THE PDLlCIES BELOW.
MIAMI FL 33144 INSURERS AFFORDING COVERAGE
305-228-1533
INSUI'lED EZ LOCK SHUTTERS CORP IfllSIJ'i'lEFtA: GRANADA INSURANCE COMPANY
ANDRES ESPINOSA INSURER B: NATIONAL INSURANCE COMPANY
10450 S\>I 184 TERR IN$URER c: ASCENDANT UNDERWRITERS
MIAMI, FL 33157 INSU~1!1't 0:
INsuPl:E~ E
COVERAGES
THE POLICIES OF INSURANCE LISTED BeLOW I-lAVE: BEEN ISSUED TO THE INSURED NAME;OAeOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIReMENT, TERM OR CONDITION OF ANY CONTRACT (lR OTHE5R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSUAANCE AFFOROEO BY Tlie POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THe TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POL.,ICIE;;$, AGGReGATE l.IMITS SI"lOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
II~~ TVM;: OF INSURANCE POliCY NUMB!!" POLICYI!!=FIl&:T I~~ " UMITS
~ERAL. LlABlUTY E:ACI't OCCU~"5NCE .1,000,000
X COMM!:.RCIAL G~Nr;;RAI.I.IAI9ILITY 1"1t"{e: DAMAGE {Any OOElIirEI~ . 50,000
I Cl.AIMS MAOF. W OCCUR MliD iXP (A~y ClM pl!lr&Ol'l] . 1,000
A - 0185FLOOO08462 04-16-10 04-16-11 PERSQ~AL & ADII INJURY .1 000 000
- GE:N!:RA,1. MiGJ':!GA'I'E .2,000,000
,
~~ AlJGR,En LIMIT AF'Pn 7R PAO~UCTe-COM~Op~GG .
POLICY ~~r?T LOC
~vroMOElILE UAElII.ITY COMBINED SINGLE LIMIT '500,000
- ANYA.UTO (Ea 6edd&r'll)
X ALL OiMIIF.O AU't'OS 80011" Y INJURY
-= SCHEDULED AUTOS (Pl3rpeI'llOIl) '500,000
E - fo!l~F.:O AUTOS GC-0000002526-00 06/18/10 06/18/11 BODILYINJURV
- NO"l-O'V\I1\lED AUTOS (Floracddllnt.) '500,000
- PROPERTY DAMAGE .
(I"'eracddenl)
==rGE UABlU", AUTOONL'f - ~A ACCIOENT .
ANV A,UTO On-tER TloIAN E:AACC .
AUTO Or-.lL V: AM .
exC:~t.lABIl.ITY eACH OCCURRENCE .
:::rOCCUR 0 CLAI\1S MADE A~(1;REGATE ,
.
~ ~~OIJCTIFJI.E ,
AETEN110N . .
WORKERS C;:OMPeNSATlON ANti j:rc STATU. 1 IOJlt
~UPLOYER$' l.IAlilILITY 313700 06/17/10 06/17/11 .1,000,000
EL EACH ACCtDI:NT
C: ~L DIS~SI!i! .I!!A, IliMF'I.O'fEe .1,000,000
E_L. OIS~SI;: F'Ol.IOV LIMit ,1,000,000
OTHER
I
DESCRIPTION OF OPlffiA110NSILOCATIONSiV9IlClESI15XeI.USlONS ADDED BV ENDORI,..Ml;NT/Spl;(llAl. PROVISIONS
SHUTTERS INSTALLATION
COLLIER COUNTY IS INCLUDED
2003 CHEV EXPRESS/ VIN;lGMG31UX31119789 AS ADDITIONAL INSURED.
2003 FORD F350/ VIN:1FTSX30F03EB10323
2007 CHEV SILVERADOI VIN: 1GEJC34DX7EJ54470
CERTIFICATE HOLDER : I ACCIT10NAI. INSURED; INSUIU!:Ft L~TTr;fl:; CANCELLATION
$loIOlJUl ANY OF THE ASOVE DESCRle~o POLICIES BE CANCliLU;:o gllFOIU;: TNI!! ~Pf1':ATlON
COLLIER COUNTY BOARD OF COUNTY DATE THEREOF, THE ISSUING INSUReA Wl1.L. ENDEAVOR TO MAI'- .1Q.... DA. Y5 VVRlTTEN
COMMISSIONERS N(IT1CEi TO nt@ CERTI~Ir::ATIII4Olfi'e;R NAMED TO THE 1.1Wr, IlIUT F'A,ll.U'R1ii TO DO '50 SHALL.
PURCHASING DEPT., BLDG. G I"'~SE NO ~ATION 0" UAI!!lILl'tY OF AN'V KIND UPON THE INSURER, IT3 AG~T.s OR
3301 E. TAMIAMI TRAIL REPRES~ .A A
NAPLES, FL 34112 AUTH ~r"Y'!J.. ,,, //
,:fAX: 1 (2391 252-6597 -7/
ACORD 25-5 (7197) ./ /' "'ACORD CORPORATION 1988