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Backup Documents 05/25/2010 Item #16B41684 MEMORANDUM Date: June 16, 2010 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5457: "Roll Down Shutters for CAT Transfer Station and other County Facilities" Contractor: E.Z. Lock Shutters & Glass, Inc. Attached please find the original contract document, as referenced above, (Agenda Item #16114) approved by the Board of County Commissioners on Tuesday, May 25, 2010. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments ITEM NO.: FILE NO.: ROUTED TO: Date: July 8, 2010 11 t*3 From Re 16B DATE , RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES County Attorney's Office Jeff Klatzkow, County Attorney Brenda Brilhart, Purchasing Agent Purchasing Department v� -j 4" 0 i a s-�-� 11314 Contract: #10 -5457 "Roll Down Shutters for CAT Transfer Station and other County Facilities" Contractor: E.Z. Lock Shutters & Glass, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on May 25, 2010, Agenda Item 16.B.4 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: This is a standard contract with no changes. Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Yousi Cardeso, ATM Vicky Ahmad, Parks & Rec MEMORANDUM TO: Ray Carter Risk Management Department FROM: Brenda Brilhart, Purchasing Agent'? Purchasing Department ` DATE: July 8, 2010 RE: Review of Insurance for Contract: #10 -5457 "Roll Down Shutters for CAT Transfer Station and other County Facilities" Contractor: E.Z. Lock Shutters & Glass, Inc. This contract was approved by the BCC on May 25, 2010, Agenda Item 16. B.4 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8446. Thank you. C: Yousi Cardeso, ATM Vicky Ahmad, Parks & Rec DATE RECEIVED JUL 0 9 2010 1 ,jIO 16B4 1684 y mausen_g From: RaymondCarter Sent: Monday, July 12, 2010 9:20 AM To: BrilhartBrenda Cc: DeLeonDiana; mausen_g, CardesoYousi; AhmadVicky Subject: Contract 10- 5457 "Roll Down Shutters for CAT Transfer Station and other County Facilities' All, I have approved the certificate(s) of insurance provided by E.Z. Lock Shutters & Glass, Inc. for contract 10 -5457. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray RMWf "VLd Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. CHECKLIST' FORK RI;VIEIVING CONTRACT'S Entity Name: _ EZ L- �a ✓��� �/�C . / t Entity name correct on contract? (/ es _ _No Entity registered with FL Sec. of State? es No Insurance Insurance Certificate attached? Insured registered in Florida? Contract N & /or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ _ Products /CompUOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire /Prop Damage Required $__!50() Automobile Liability Bodily Inj & Prop Required Workers Compensation + V Each accident Required $ _ Disease Aggregate Required $ Disease Each Empl Required Umbrella Liability Yes No s No Y No CS No Provided $2M,, Provided $_Ief�_ Provided $ { Provided Provided Trooviid�ed $ L� y)A _ �� j Provided $ �_ , t.t Provided $ Provided $ Each Occurrence Provided Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_ _ Provided $ Per Aggregate Required $ _ Provided $ Other Insurance Each Occur Types _ __ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Exp. Date 1 ylICO Exp. Date Exp. Date Exp. Date �l Exp. Date Exp Date Exp Date iil -• 1`T7 Exp Date Exp Date Exp Date Exp Date Yes No Exp. Date Exp. Date Provided $ Exp Date Z Y es No Yes No __Yes , No Yes _l�N0 Yes No _Yes No Yes No � No YNo s No / Yc:s No es No s No cs _No Yes No � ewer Initials: Date: 04- C0.1 -010 __ �21 A www.sunbiz.org - Department of State Home Contact Us Previous on List Next on List Events Name History E- Filing Services Return To List Detail by Entity Name Florida Profit Corporation EZ LOCK SHUTTERS & GLASS INC Filina Information Document Number P97000050360 FEIIEIN Number 650761829 Date Filed 06/06/1997 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 06127/2008 Event Effective Date NONE Principal Address 10450 SW 184TH TERR UNIT MIAMI FL 33157 Changed 05/10/2000 Mailing Address 10450 SW 184TH TERR UNIT MIAMI FL 33157 Changed 05/10/2000 Reaistered Aaent Name & Address ESPINOZA, ANDRES H 10450 SW 184TH TERR MIAMI FL 33157 US Address Changed: 05/10/2000 Officer /Director Detail Name & Address Title D ESPINOZA, ANDRES H 10450 SW 184TH TERR MIAMI FL 33157 Annual Reports Report Year Filed Date 2008 02104/2008 Page 1 of 2 16,x# Document Searches Forms Help Entity Name Search Submit http: / /www. sunbiz.org /scripts /cordet.exe ?action = DETFIL &inq_doc_number= P970000503... 7/13/2010 1684 A G R E E M E N T 10-5457 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 ". WITNESSETH: 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 1 of 15 16B4 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 Immokalee 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, Purchasing /GS 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 L I 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 16B4 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 arising 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 16B4 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.C. 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 Page 5 of 15 1684 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 PERSONNELIPROJECT 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 proposed replacement personnel. Page 6 of 15 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 F. •Btdck, 1erk of Courts i I9ayt''M,a`' r Fir pt Witnes ype/ int itne s nameT I (?Second Witness ��6��f F- �•'�/c'so/1/ TType /print witness name% Approved as to form and legal su 'ciency: �.t-o. Deputy County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bv: ` `� w Fred W. Coyle, Chairma By: Page 7 of 15 EZ Lock Shutter & Glass, Inc. f{ncitr�: EsP n�zc; eEs1�C� Typed signature and title Rem / Agendaas(lo Date Its 1684 Exhibit A Granting Agency Requirements Funded by US Department of Homeland Security / Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) CFDA 97.039 Grant Requirements 1. Debarment and Suspension (E.O.s 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 nonprocurement 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.myflorida. com/business_operations/state_purchasing/ 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 pay or other forms of compensation; and election for training and apprenticeship; Page 8 of 15 d 5 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 (I8 U.S.C. 874 and 40 U.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. 2760 to a -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 FL2008011102/12/2010 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 reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Page 9 of 15 1684 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.C. 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.C. 1001 and 31 U.S.C. 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 of the 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: FL20080111 02/12/2010 FL111 1684 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 Publication Date 0 07/10/2009 1 09/04/2009 2 02/12/2010 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 Fringes ELECTRICIAN ......................$ 25.05 7.56 ---------------------------------------------------------------- ELEC0728 -005 08/31/2009 Remainder of County Rates Fringes ELECTRICIAN ......................$ 28.46 12.5% +5.00 * ENS10487 -007 0110112010 Rates Fringes 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 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler /Apprentice); Hydro /Friction Cranes without_ Oiler /Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck ..................$ 28.30 8.78 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, & Page I I of 15 1684 Over 50 Tons (With .......................$ Rates Fringes PAINTER: Spray Only .............$ Oiler /Apprentice); Boom 16.00 6.15 SUFL2009 -008 05/22/2009 11.41 Truck .......................$ 0.00 21.57 8.78 Rates OPERATOR: Mechanic ..............$ BRICKLAYER .......................$ 27.57 8.78 0.00 OPERATOR: Oiler .................$ 13.13 22.24 8.78 CEMENT MASON /CONCRETE FINISHER ... IRON0272 -003 10/01/2006 13.05 1.49 INSULATOR - PIPE & PIPEWRAPPER ... $ Rate; Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL ....... $ 26.70 6.43 PAIN0365 -002 07/01/2008 LABORER: Landscape and Irrigation .......................$ Rates Fringes PAINTER: Spray Only .............$ 0.00 16.00 6.15 SUFL2009 -008 05/22/2009 11.41 0.00 OPERATOR: Backhoe /Excavator ..... Rates Fringes BRICKLAYER .......................$ 0.00 18.95 0.00 CARPENTER ........................$ 13.13 16.23 3.70 CEMENT MASON /CONCRETE FINISHER ... $ 13.05 1.49 INSULATOR - PIPE & PIPEWRAPPER ... $ 13.13 3.03 LABORER: Asphalt Shoveler....... `a 1.88 0.00 LABORER: Common or General ......$ Forklift ..............$ 11.79 2.03 LABORER: Concrete Saw ........... $ 12.63 0.00 LABORER: Mason Tender - Brick ... $ 13.00 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 12.83 1.90 LABORER: Pipelayer ..............$ 12.31 1.19 LABORER: Roof Tearoff ........... $ 8.44 0.00 LABORER: Landscape and Irrigation .......................$ 12.00 0.00 OPERATOR: Asphalt Spreader ...... $ 11.41 0.00 OPERATOR: Backhoe /Excavator ..... $ 11.00 0.00 OPERATOR: Blade/Grader .......... $ 13.13 0.00 OPERATOR: Bulldozer .............$ 15.01 0.00 OPERATOR: Distributor ........... $ 12.37 0.00 OPERATOR: Forklift ..............$ 14.00 0.00 OPERATOR: Loader ................$ 13.80 1.79 Page 12 of 15 16B# 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 Roller Only .............................$ 13.46 0.00 PIPEFITTER ....................... 0 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) ......................$ 7.3.92 0.52 SHEETMETAL 'WORKER ................$ 18.79 3.21 TILE SETTER ......................$ 14.61 0.00 TRUCK DRIVER: Dump Truck ........ $ 10.00 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 12.09 0.00 WELDERS - Receive rate prescribed for craft performing operation 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 provided in the labor standards contract clauses (29 CFR 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 Page 13 of 15 16B4 * 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 contacL, 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 those Regional Offices have responsibility for the Davis -Bacon survey program. If the rea3ponse 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 6. Contract Work Hours and Safety Standards Act (40 U.S.C. 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 U.S.C. 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 14 of 15 16P4 materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 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 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 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 U.S.C. 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.C. 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 15 of 15 b 4 _. 09 -z zo _ ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual. -listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 09/2312009 EXPIRATION DATE: 09/2312011 PERSON: ESPINOZA ANDRES FEIN: 650761829 BUSINESS NAME AND ADDRESS: EZ LOCK SHUTTERS & GLASS INC 9865 SANTOS DRIVE MIAMI -. FL- 33189 - SCOPES OF BUSINESS OR TRADE: I- SHUTTER INSTALLATION IMPORTANT: Pursuant to Chapter 440 . 05(14), F.S., an officer of a caiporation who elects exampdon from this chapter by fi&ng a certificate of election -amder this section may not recover heneffts or compensaRion under this chapter. Pursuant to Chapter 440 121, F.S., Cerfificates of efecGan to be exempt_ apply only with m, the scope of the business tor trade listed re the notice of electron to be exempt. Pursuant to Chapter 440.05031, F.S., Notices of election to he exempt and catoficoar of election to be exempt shall be subject to revocation if, at any time after the tiling of the notice or the issuance of the certificate, the person named on the notice or certificate be !anger meets the requirements 0 this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the aenifkate to meet the requirements of this section. - QUESTIONS? ( &50) 413-1609 OWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09 -06 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CONSTRUCTION INDUSTRY - CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA _ WORKERS' COMPENSATION LAW EFFECTIVE-- 09 /23/2009 EXPIRATION DATE: 09/23/2011 PERSON: ANDRES ESPINOZA FEIN: 650761329 BUSINESS NAME AND ADDRESS: zZ LOCK SHUF Ps & GLASS INC 9865 SANTOS ORW MIAMI, FL 33189 SCOPE OF BUSINESS OR TRADE 1- SHUITcR INSTALLATION IMPORTANT F Pursuant to Chapter 440.05(14), F.S., an officer of a curporation who O elects exemption from this chanter by filing a certificate of election L under this section may not recover benefits or compensation under this D chapter. Pursuant to Chapter 440.05(12), F.S., Certificates of election to be H exempt.. apply only within the scope of the business or trade listed an E the notice of election to be exempt R E Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named an the notice or certificate no larger meets the requirements of this section for issuance of a Certificate. The department shall revoke a certificate at any time for failure of the person named an the certificate to meet the requirements of this section. CUT HERE QUESTIONS? (EEO) 413 -1609 , Carry bottom portion on the job, keep upper portion for your records. ­,VE -257 vc° .F.". -_ „F _'TION 3E R_VaEO 2.. -e6 ------------------------------------------------------------------------------ CONSISTENT ITEM COVERAGES COVERAGE 1684 PA Bodily Injury ALLSTAIF INSURANCE COMPANY CLST01 ER SU I E °-CE EQUISI Home OF rI -ice Northbrook, Illinois COMMERCIAL AUTO P0LIC1' (apt) Calendar Date_ 03/23 /2010 Policy Number: 048943987 07/29 AB Combined BI & FLORID A 500000 Liability.DED BUSINESS NAME EZ LOCK SHUIiERS CORP (amt) BUSN ADDRESS 10450 SW 184 TERR Occ 10000 CITY MIAMI ST: FL ZIP: 33157 HOME PHONE ( 305 ) 251 - 0530 BUSINESS PHONE ( 786 ) 282 - 5896 ------------------------------------------------------------------------------ CONSISTENT ITEM COVERAGES COVERAGE LIMIT FROM 10 PA Bodily Injury Ea Per 10000 - Liability Ea Occ 20000 Liability DED (apt) Liability DED (amt) AB Combined BI & PD 500000 Liability.DED (oot) Liability DED (amt) BB Prop Damage Ea Occ 10000 Liability DED (opt) ALLSTATE INSURANCE COMPANY Home Oi-fice Northbrook, Illinois Calendar Date 03/23/201,0 FLORIDA 1694 CUSTOMER SERVICE REQUEST COMMERCIAL AUTO POLICY Policy Number. 048943987 07%29 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - Liability DED (amt) -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHANGE COVERED AUTOS SYMBOLS COVERAGE AB Combined BT & PD AA Bodily Injury BB Property Damage PREVIOUS NEW 07 07 07 CHANGE MISCELLANEOUS COVERAGES Policy Zip Code 33189 Fellow Employee Y Option: 0 ------------------------------- ------- --- - - - - -- - - - - -- THIS ENDORSEMENT HAS .AFFECTED THL FOLLOWING POLICY FORMS: Forms Deleted:CA9927 0187 SPLIT LIABILITY EST TS SUBJECT TO POLICY TERMS AND IS EFFECTIVE ONLY IF Y NOTsD IS CJRRENTLY IN FORCE EFFECTIVE 09:59 AM 03/23/2010 Notice: 1 t s a crime to knowingly provide false, incomplete or misleading i orma'ion to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. POLICYHO ER' Signature t � N0. 0795-53 LOC 86L HtxtNf signature r 305 - 253 -8220 Agent's Phone' 07/08/2010 14:12 3052281525 CITINSURANCE AGENCY 169 4PAGE 01/01 ACORL7 CERTIFICATE OF LIABILITY INSURANCE OwTE )MM 00 /7) D7108/2010 PRODUCER CITINSURANCE AGENCY COMP 8390 WEST FLAGLER ST SUITE 213 MIAMI FL 33144 305- 228 -1533 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED EZ LOCK SHUTTERS CORP ANDRES ESPINOSA 10450 SW 184 TERR MIAMI, FL 33157 INSURERA: GRANADA INSURANCE COMPANY INSURERS: NATIONAL INSURANCE COMPANY INSURERc, ASCENDANT UNDERWRITERS NsuPEPD: INSURER E' MICOAI.. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POUCY NUMBER POUCYOPECTI 04 -16 -10 M 1WIRATCR D4 -16 -11 LIMOS A GENERAL LIANU TY X COMMERCIALGENF-RA LIABILIT{ OLAIMSMADE 11 OCCUR 011-9 FL000184152 EACH OCCURRENCE .51 ' 000 , 000 Pike DAMAGE (MYWe") 5 50, 000 MED E%P(ATY we pmw) 5 11000 PERSONAL S ADV INJURY E1 000 000 GENERAL AGGREGATE E2, 000, 000 GENL AOGREGATELIMITLIES PER. POLICY FRO- APP LCC PRODUCTS - COMPIOP AGO S a AUTOMOBILE LIABILITY ANY AUTO ALL OMMEO AUTOS SCHEDULED AUTOS HIRED AUT03 NON- ON?IEO AUTOS CC- 0000002526 -00 06/18/10 06/18/11 COMBINED SINGLE LIMIT (GAAUJENIU 500,000 80016Y INJURY (PerNmn) 8500, 000 X BODILY INJURY (Pm.V1 ,) 500,000 PROPERTY DAMAGE E GARAGE LARILITY ANYAVTO AUTO ONLY -EA ACCIDENT E OTHER THAN EA ACC AUTO ONLY AGO S E DtC=LIABILITY OCCUR E�CLAIM$MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE 5 _ AGGREGATE _ E E E S C, WORKERS COMPENSATION AND EEPLOYEWLIABILITY 313700 06/17/10 06/17/11 TIAC 3TATU. M ELEACHACCIDENT 181,000,000 ELDISSASE.EAEMPLOYEE E1, 000, 000 E.L. DISEASE. FOLICYLIMIT I SIT 000 000 OTHER DESCRIPTION OF OPERATON&LOCATIONSAIMICLE SMOLUSTONS ADDED BY MOORBEMENTISPECIAL PROVISIONS SHUTTERS INSTALLATION COLLIER COUNTY IS INCLUDED 2003 CHEV EXPRESS/ VIN:IGMG31UX31119789 AS ADDITIONAL INSURED. 2003 FORD F350/ VIN:IFTSX30F03EB10323 2007 CHEV SILVERADO VIN: 1GBJC34DX7EJ54470 CERTIFICATE HOLDER AODIrONAL INSURED; INSURER LETTER', CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EM CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY BOARD OF COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FAILURE TO DO SO SMALL PURCHASING DEPT., BLDG. G INPOEE NO OBLIGATION OR LIABILITY OF ANY MIND UPON THE INSURER, OS AGENTS OR 3301 E. TAMIAMI TRAIL REPREBE r NAPLES, PL 34112 AUTH P IT'AX[l (2391252 -- 67.597 w ACORD