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02/10/2016 ContractAMY REAVILIN, CPA CLERK OF CIRCUR COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: March 7, 2016 TO: Beth Bergh Land Steward FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller At the February 10, 2016 Board of County Commissioner's meeting the Board granted approval and execution of Item HI Approval of the selected contractor, ® and contract for a habitat restoration project within Dagny Johnson Key argo ammoc c otamcal State Park as mitigation for the construction of the Key Largo Wastewater Treatment District (KLWTD) wastewater treatment plant. cc: County Attorney (Electronic) Finance Electronic) File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146 CONTRACT BETWEEN MONROE COUNTY AND EARTH TECH ENTERPRISES, INC. THIS CONTRACT (the "Contract" or "Agreement") is made and entered into by Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and Earth Tech Enterprises, Inc., the ("CONTRACTOR"), whose address is: 5425 Golden Gate Parkway, Suite 3, Naples, Florida 34116, its successors and assigns. W ITN ESSETH: WHEREAS, COUNTY desires to employ the CONTRACTOR to complete the restoration of native habitat at the Port Bougainville site, located within Dagny Johnson Key Largo Hammock State Park ("Park"), in North Key Largo, by removing abandoned structures, fill, pavement, and by planting native vegetation; and WHEREAS, the restoration project is in the public interest of Monroe County, including residents, visitors; and WHEREAS, CONTRACTOR has agreed to provide professional services which are defined in the Scope of Work, attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, The CONTRACTOR has reviewed and agrees to comply with the Agreement dated August 31, 2015, between the COUNTY and Florida Department of Environmental Protection, Division of Recreation and Parks (DRP) and take the provision of that agreement into consideration in any proposal, the Agreement is attached hereto as part of the Scope of Work, Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR hereby agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR is professionally qualified to complete the Project; 1.1.2 The CONTRACTOR hereby acknowledges that the COUNTY may not complete the entire project as listed in the Scope of Work. The determination of which portions shall be completed shall be in the sole discretion of the COUNTY. COUNTY shall not be responsible to the CONTRACTOR in any manner for any portion of the Project Scope of Work eliminated by the COUNTY. The CONTRACTOR shall be notified if any portion of the Scope of Work is eliminated as soon as the decision has been made or as soon thereafter as is practical. Payments will only reflect the work completed. No payments will be made for portions of the Scope of Work eliminated; Page 1 of 16 1.1.3 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied and shall immediately provide copies of such licenses for all its personnel to the Monroe County Land Steward prior to beginning work on the project, and to immediately update the provided licenses if changed during the course of the work; 1.1.4 The CONTRACTOR has become familiar with the Project site and the local conditions under which the Work is to be completed; 1.1.5 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to its performance and those individuals under its employ; 1.1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project; 1.1.7 CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR, agents, or subcontractors shall be subject to the supervision of CONTRACTOR. In providing the services, CONTRACTOR and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY or DRP, nor shall they accrue any of the rights or benefits of a COUNTY employee or employee of the State of Florida. ARTICLE 11 SCOPE OF WORK 2.1 DEFINITION CONTRACTOR's contract services, known as the Scope of Work, consist of those described in the attached Exhibit "A" for the restoration of native habitat at the Port Bougainville site, located within Dagny Johnson Key Largo Hammock State Park ("Park"), in North Key Largo, by removing abandoned structures, fill, pavement and by planting native vegetation. The CONTRACTOR shall commence work on the services provided for in this Agreement within 10 days upon its receipt of a written notice to proceed from the COUNTY. 2.2 CONTRACT SERVICES INCLUDED (A) The CONTRACTOR shall familiarize itself with the Agreement dated August 31, 2015, between the County and Florida Department of Environmental Protection, Division of Recreation and Parks (DRP) and shall act in concurrence with that agreement and require all others including all subcontractors to abide by that Agreement, the Agreement is attached hereto and made a part hereof as part of Exhibit "A". (B) CONTRACTOR's services, also known as the Scope of Work, shall consist of the requirements in this contract and those detailed in Exhibit "A", attached hereto and made a part hereof. 2.3 SCHEDULE The CONTRACTOR shall submit a work schedule for review and approval by the Monroe County Land Steward, in accordance with Sections 4 and 16 of the Scope of Work "Exhibit A". Page 2of16 2.4 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts, in the work product of the CONTRACTOR. 2.5 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt requested, or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. The correspondence shall be directed to: and: Monroe County Land Steward 2798 Overseas Highway STE 400 Marathon, Florida 33050 Roman Gastesi County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Notice to the CONTRACTOR shall be delivered to: Christopher Gehring President Earth Tech Enterprises, Inc. 5425 Golden Gate Pkwy, Suite 3 Naples, Florida 34116 ARTICLE III ADDITIONAL SERVICE 3.1 The services described in this Article III are not included in Scope of Work. They shall be paid for by the Board of County Commissioners as an addition to the compensation paid for the Scope of Work, but only if approved by the Board of County Commissioners prior to their commencement, and are as follows: (A) Providing services of CONTRACTOR for other than the previously listed in the Scope of Work and pursuant to written approval by CONTRACTOR and COUNTY. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. Only after receiving a formal amendment to the Agreement, approved by the Board of County Commissioners, and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. (A) Before contemplating any additional services, the CONTRACTOR shall respond by providing the COUNTY with a fee proposal to perform the requested services. Page 3 of 16 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 COUNTY shall provide the CONTRACTOR with the following documents (all can be found as attachments to Exhibit A): • Attachment A: Updated USFWS Biological Opinion for the project, dated May 8, 2015; • Attachment B with Exhibits: Restoration Agreement between FDEP and Monroe County to authorize the County -funded restoration project within the State's property. Exhibit A to this agreement is a State Park document titled "North Key Largo Restoration Project". Exhibit B to this agreement is the May 8, 2015 US FWS Biological Opinion pertaining to the project (see Attachment A); • Attachment C: North Key Largo Hammock Restoration Project Design and Specifications prepared by Wade Trim; • Attachment D: Project Site Plans by Wade Trim; NOTE. Attachments C and D are provided for general information about the project site only. Information concerning payment, pay items, and required specifications/procedures do not apply to this project. The 0.15 acre fill removal area at Port Bougainville and the Nike Radar and Old Roads sites have been eliminated from the scope. Specific construction scope items, methodologies, and recommended equipment, may or may not be in agreement with the May 8, 2015 US FWS Biological Opinion for the project, which takes precedence. • Attachment E: Lead Based Paint Survey Report for Port B; • Attachment F: Asbestos Survey for Port B; • Attachment G: Site Maps 4.2 COUNTY shall designate Monroe County Land Steward to act on the COUNTY'S behalf with respect to the CONTRACTOR. The COUNTY shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. It is expressly acknowledged that the COUNTY will utilize a Project Manager on this project and CONTRACTOR shall be directly supervised by Project Manager. CONTRACTOR hereby acknowledges that when approval by the Board of County Commissioners is required the time for approval may be lengthened due to the constraints of County policy, ordinance, meeting dates, or agenda deadlines. 4.3 Prompt written notice shall be given by COUNTY, through Monroe County Land Steward to CONTRACTOR if COUNTY becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.6. Page 4 of 16 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as possible for the orderly progress of the CONTRACTOR'S services and the work of the CONTRACTOR. 4.5 The COUNTY'S review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, and hold harmless Monroe County and Monroe County Board of County Commissioners, Florida Department of Environmental Protection, Division of Recreation and Parks (DRIP), and their officers, employees, agents, and servants, from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County or the State of Florida, and any other losses, damages, and expenses (including attorney's fees) which arise out of, are in connection with, or by reason of services provided by CONTRACTOR, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, or its officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of CONTRACTOR'S failure to purchase or maintain the required insurance, CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, CONTRACTOR agrees and warrants that CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the expiration or earlier termination of the Agreement ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: Page 5of16 FUNCTION NA E r1Q. �LD Superintendent So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced CONTRACTOR shall notify COUNTY of the change immediately. All personnel assigned by the CONTRACTOR to perform any service concerning the project shall execute the following forms, original signed forms and licenses shall be delivered to COUNTY prior to beginning any work on the project: Lobbying and Conflict of Interest Clause Non -Collusion Affidavit Drug Free Workplace Form Copies of all professional and occupational licenses shall be submitted ARTICLE VII COMPENSATION 7.1 CONTRACT SUM (A) The COUNTY shall pay the CONTRACTOR for performance of this Agreement an amount not to exceed Six Hundred and Sixty Four Thousand Dollars ($664,000). (B) The CONTRACTOR hereby acknowledges and agrees that the County may not complete the entire project as listed on the Scope of Work. The determination of which portions of the project are completed shall be in the sole discretion of the COUNTY. County shall not be responsible to the CONTRACTOR for compensation related to a portion of the project eliminated from the project by the COUNTY. The CONTRACTOR shall be notified if any portion of the project is eliminated as soon as the decision has been made, or as soon thereafter, as is practical. Payments will be made for the work required by the COUNTY and completed by the CONTRACTOR. 7.2 PAYMENTS The CONTRACTOR shall be paid upon completion of the following items, as indicated in the table below. The corresponding price indicated in the table shall be paid upon completion of each item and verification by the County. There are no reimbursable expenses. The County may require the items listed below to be done in any order in consultation with the CONTRACTOR. Item Description (acreages are approximate) Price 1 Restoration of Restaurant and Tunnel (1.3 acres) $220,400 2 Restoration of Tennis Courts (1.21 acres) $131,100 3 Restoration of House / Duplex (0.45 acres) $172,900 4 Restoration of Roads / Asphalt (2.15 acres) $33,250 5 Restoration of Bathhouse (0.30 acres) $56,525 6 Native Planting (300 specimens max) $16,625 7 Project Completion $33,200 Page 6 of 16 7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid pursuant to the Florida Prompt Payment Act. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.2.2 The CONTRACTOR hereby acknowledges and agrees that some portions of the Project may be deleted due to the requirements of the US Fish and Wildlife Service. If such deletions are required then this Contract shall be amended to reduce the Scope of Work and associated compensation. 7.3 REIMBURSABLE EXPENSES All expenses, including but not limited to travel, lodging, food, mileage, parking, and printing shall be borne by the CONTRACTOR and shall not be reimbursed under this Contract. 7.4 LIQUIDATED DAMAGES The Contractor shall commence performance of this Contract within ten (10) calendar days after the date of issuance of the Notice to Proceed by the COUNTY. Once commenced, Contractor shall diligently continue performance until completion of the Project. Liquidated damages will be based on the approved Work Schedule under Section 2.3 of this Contract, including all COUNTY approved extensions in time as set forth in the Scope of Work. If the CONTRACTOR exceeds the approved Work Schedule, then the liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the COUNTY shall be an extension of time on the Contract. Page 7 of 16 7.5 BUDGET 7.5.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 7.5.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers' Liability Insurance with limits of One Million Dollars ($1,000,000) Bodily Injury by Accident, One Million Dollars ($1,000,000) Bodily Injury by Disease, policy limits, One Million Dollars ($1,000,000) Bodily Injury by Disease, each employee. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Million Dollars ($1,000,000) combined single limit. If split limits are provided, the minimum limits acceptable shall be Five Hundred Thousand Dollars ($500,000) per person, One Million Dollars ($1,000,000) per occurrence, One Hundred Thousand Dollars ($100,000) property damage. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors, personnel or subconsultants. Coverage shall include, as a minimum: Premises and/or Operations; Products and Completed Operations; Blanket Contractual Liability; Personal Injury Liability: and an Expanded Definition of Property Damage. The minimum limits acceptable are One Million Dollars ($1,000,000) per Page 8 of 16 occurrence. If split limits are provided, the minimum limits acceptable shall be Five Hundred Thousand Dollars ($500,000) per person, One Million Dollars ($1,000,000) per occurrence, One Hundred Thousand Dollars ($ 100,000) property damage. Pollution liability insurance of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. F. COUNTY, Florida Department of Environmental Protection, Division of Recreation and Parks (DRP), and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverage identified in Paragraphs C, D and E. G. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project shall become the property of the COUNTY upon payment in whole and in part of sums due CONTRACTOR and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of any third party. Page 9 of 16 9.5 TERMINATION Either party hereto may terminate this Agreement upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. The COUNTY may terminate this Agreement without cause upon giving seven (7) days written notice to the CONTRACTOR. If the COUNTY utilizes this provision, the termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be paid until date of termination and any additional services required in order to stop performance of services, subject to audit for verification. 9.6 CONTRACT DOCUMENTS This contract consists of this Agreement and its Exhibits, the CONTRACTOR'S response to the Request for Proposals for Professional Service by Contractors or Individuals for a Habitat Restoration Project within Dagny Johnson Key Largo Hammock State Park Monroe County, Florida. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on contracts to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. It is the sole responsibility of CONTRACTOR to notify COUNTY if he is on the convicted vendor list. Failure to do so constitutes a complete breach of contract and automatic termination of this contract as of the date that the CONTRACTOR is placed on the list; and each party agrees that no compensation under this agreement is to be paid as of the date that the CONTRACTOR is placed on the list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Page 10 of 16 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all records, accounts and books, financial or otherwise, correspondence, memoranda, and reports constituting a "public record" within the meaning of Florida Statute 119.011(12)(2015) and pertinent to performance under this Agreement in accordance with Florida Statute 119.0701 and with generally accepted accounting principles consistently applied. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) fiscal years following the termination of this Agreement. If an auditor employed by the COUNTY or County Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement shall not be affected thereby, and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include reasonable attorney's fees and courts costs, at trial and in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Page 11 of 16 Procedure and usual and customary procedures required by the Circuit Court of Monroe County. The COUNTY and CONTRACTOR agree that nothing in this Agreement obligates them to arbitration and they agree to mediation of disputes instead of arbitration. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 9.15 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.16 NONDISCRIMINATION CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) Page 12 of 16 which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the Parties , or to the subject matter of this Agreement. 9.17 WOMEN OWNED BUSINESSES (WBE), MINORITY BUSINESS ENTERPRISES (MBE) AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that WBE's, DBE's, and MBE's DBE's, as defined in Federal law, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The requirements of applicable Federal and state laws and regulations apply to this Agreement. The COUNTY and CONTRACTOR agree to ensure that WBE's, MBE's, and DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and state laws and regulations to ensure that they have the opportunity to compete and perform contracts. The COUNTY and CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex, in award and performance of contracts, entered pursuant to this Agreement. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit Page 13 of 16 or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all correspondence, documents, letters, papers, or other materials in its possession or under its control which constitute a "public record" within the meaning of Florida Statute 119.011(12)(2015) and Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9.22 NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage, shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. Page 14 of 16 9.25 NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity, or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Page 15 of 16 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. Witness f r 4CONTCTOR Sign:Print: Lh/L Title: Date: Address:!312'r�r- BOARD OF COUNTY COMMISSIONERS OF MONROE CO Y, F RIDA By: Heather rrut r ayor EARL Sign: Print Title Date: 4 P" �3 N &A '34 11 le Page 16 of 16 MOLAR ARN AP EY E S TO RM: STEVEN 1WILLIAMS- ASSISTANT C,C)1,jy7 ATTORNEY Date _ ///::1�,,// �, r t0 M o b Ln 00 EXHIBIT A SCOPE OF WORK CONTRACT BETWEEN MONROE COUNTY AND EARTH TECH ENTERPRISES, INC. 1. REFERENCE DOCUMENTS In addition to the information provided directly within this Scope of Work, the documents listed in Section 4.1 of the Contract are provided for reference. For purposes of this Scope of Work, the following order of precedent is established: 1. Attachment A - US FWS May 8, 2015 Biological Opinion; 2. Text of this Scope of Work; 3. Attachment B — August 31, 2015 Restoration Agreement between County and Park; 4. All other remaining attachments. 2. WORK INCLUDED The Contractor shall furnish all labor, superintendence, materials, power, light, heat, fuel, water, tools, appliances, equipment, supplies, and any other means of construction necessary or proper for performing and completing the Scope of Work (SOW), unless otherwise specifically stated. The Park will be providing the native plant material for planting requirements at no direct cost to the Contractor. However, the Contractor will be responsible for loading and transportation of the material to the site, as well as installation and temporary watering. The means and methods for construction shall be at the Contractor's discretion, provided they are in accordance with the requirements and restrictions as listed in this SOW and its attachments. It is important to note that the attachments of this SOW, primarily the US FWS Biological Opinion, have specific requirements for construction methods, sequencing, and related practices. The Contractor will be required to comply with ALL requirements and guidance of the Biological Opinion (unless specified otherwise in this SOW) and is encouraged to carefully read and review this and the other Contract attachments, and to request clarification if apparent discrepancies are identified. The cost of activities considered to be incidental to the Scope of Work described herein shall be considered as part of the general cost of doing the work and shall be included in the prices for the various Contract Pay Items. No additional payment(s) will be made to accommodate these activities, and it is the sole responsibility of the Contractor to determine, including by asking the County for clarification, that the means and methods proposed are feasible and acceptable by the County and in accordance with project requirements. The Contractor shall provide and maintain such tools and equipment as may be necessary, in the opinion of the County and in accordance with industry standards, to perform in a satisfactory and acceptable manner all the work required by the Contract. Only equipment of established reputation and proven efficiency shall be used. The Contractor shall be solely responsible for the adequacy of his workmanship, materials and equipment. Page 1 of 22 3. QUANTITIES Site plans showing surveyed locations and dimensions of the project site are included as Attachment D. Estimated quantities/units including fill material to be removed, structures to be removed, and asphalt and base to be removed are included in Attachment C. All quantities, including measurements of the project area, are considered preliminary estimations and may require adjustment based on subsequent field measurements. The Contractor will not be able to seek additional compensation for quantities or other unit items beyond their original estimation. 4. PROJECT SCHEDULE The total maximum construction schedule for completion of the Scope of Work ("Time On Site") is 9 weeks. Financial penalties will be attributed to the Contractor for exceeding the schedule they propose, unless the schedule is exceeded due to specific criteria beyond the control of the Contractor. This criteria consists of inclement weather and direction from the Project Manager, County, State, or federal government to stop work for reasons other than the Contractor's noncompliance with project requirements. The following time frames are exclusive of federal and state holidays. The term "week" is used to refer to five calendar days, exclusive of weekends. The start of work for the project shall be negotiated with the Contractor at the Pre -Construction Conference (Section 17(D)), but shall be no later than one (calendar) month after delivery of the executed agreement to the Contractor. The schedule may be split such that days without scheduled work do not count towards the scheduled Time On Site, however, the Maximum Schedule for project completion is 12 weeks from the start of work, regardless of actual Time On Site. The nine week scope of work deadline described in the previous paragraph must be completed within this 12 week project completion deadline. Native planting activities may be conducted concurrently with restoration activities, provided that construction sequencing accommodates the work. The Project Manager must be on site during all construction activities. The Contractor must provide the Project Manager a minimum of six days' notice prior to initiation of work or changes in schedule for clearing and demolition activities. The Project Manager may be able to accommodate schedule changes within a shorter timeframe, however, this shortened response time cannot be guaranteed and lack of availability with less than six days' notice will not be grounds for an extension of the project schedule. S. HOURS OF OPERATION Work shall be performed Monday through Friday from 8:00 am to 5:00 pm. The Project Manager must be on site to provide access to the Contractor, and no work may proceed without the physical on -site presence of the Project Manager. Any work to be performed outside of these times must be requested in writing to the Project Manager 48 hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved work hours. 6. WORK STOPPAGE FOR CONSERVATION MEASURES Temporary suspension of work may be required in order to provide for conservation/protection of wildlife (Key Largo Wood Rat (KLWR) and Key Largo Cotton Mouse (KLCM)) and for related Page 2 of 22 environmental issues. Examples are identified in Attachment A, Biological Opinion, which includes if a KLWR or KLCM are found utilizing the construction site. Needs for work stoppage may be identified by the Project Manager, County, Park or the US Fish and Wildlife Service, and will be communicated to the Contractor through the Project Manager. Work stoppage time for this purpose will not be counted toward the project schedule, including the day when a work stoppage was requested, if work had already commenced that day and the stoppage was requested prior to 3pm. If work stoppage for conservation purposes is due to an error or unauthorized/unlawful action by the Contractor, full days of stoppage will not count towards the Time On site project schedule, though construction activities to remediate the problem (at the Contractor's expense) will count towards the Maximum Project Schedule. An example of this stoppage is if improper erosion control measures are utilized, requiring removal of off -site sedimentation, and re -installation of erosion control measures prior to work resuming. The Contractor is not entitled to additional fees/compensation for demobilization and remobilization, if needed, due to a mandated work stoppage, regardless of reason for the stoppage 7. WORK DURING INCLEMENT WEATHER The County will grant time extensions, on a day for day basis, for delays caused by the effects of rains or other inclement weather conditions, related adverse soil conditions or suspension of operations due to holidays that prevent the Contractor from productively performing controlling items of work resulting in: (1) The Contractor being unable to work at least 50% of the normal work day on pre -determined controlling work items due to adverse weather conditions, holiday suspension; or (2) The Contractor must make major repairs to work damaged by weather, provided that the damage is not attributable to the Contractor's failure to perform or neglect; and provided that the Contractor was unable to work at least 50% of the normal workday on pre -determined controlling work items. No additional compensation will be made for delays caused by the effects of inclement weather. The County will consider the delays in delivery of materials or component equipment that affect progress on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the Contractor or supplier. Such delays may include an area -wide shortage, an industry -wide strike, or a natural disaster that affects all feasible sources of supply. In such cases, the Contractor shall furnish substantiating letters from a representative number of manufacturers of such materials or equipment clearly confirming that the delays in delivery were the result of an area -wide shortage, an industry -wide strike, etc. No additional compensation will be made for delays caused by delivery of materials. Should weather conditions prevent the Contractor from being able to conduct work in accordance with this SOW, the Contractor shall notify the County within 4 hours of when the weather conditions have impacted the work. The County's Project Manager shall provide the Contractor with a 24-hour contact number for reporting suspension of work due to inclement weather. Time delays for suspension of work due to inclement weather shall not be counted towards the schedule limits identified in Section 4 of this Page 3 of 22 SOW, provided: notice has been provided to the Project Manager a minimum of 4 hours prior to the scheduled start of work for the day OR notice is provided to the Project Manager during the work day, while work is being conducted, at the earliest time that inclement weather is observed or publicly reported. Note that for suspension of work due to inclement weather to avoid counting towards the project schedule, ALL work on all project sites must be suspended. If the County or Park determines that weather conditions create unsafe or undesirable conditions for the County, State, or public, for conducting construction activities, the Project Manager shall notify the Contractor of a mandatory suspension of work. Suspension of work mandated by the County shall not be counted towards the maximum schedule requirements for the project. Any partial days worked prior to County notification of mandatory suspension of work shall not be counted towards the maximum project schedule. After notification of mandatory suspension of work, the Project Manager shall notify the Contractor when work can resume. The Contractor shall not be entitled to a demobilization or remobilization fee for suspension of work, either voluntary or mandatory. 8. CONTRACTOR SUPERINTENDENCE Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to the County and Project Manager. The superintendent shall not be changed except with the prior written consent of the County or Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by County or Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the work, using its best skill and attention. The Park, County, and Project Manager shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours, as well as after hours for emergencies. 9. ACCESS FDEP has given the County, its employees, Contractors, Subcontractor and agents permission to enter the Dagny Johnson Key Largo Hammock Botanical State Park for the purpose of accomplishing this project until December 31, 2020 (Attachment B). Specific routes for construction access and limits of construction are depicted in Attachment G and Attachment D and described in Attachments B and C. For this project, the Park has established a maximum speed for any equipment within Park boundaries of 15 miles per hour. Any changes to the limits of access and construction may not be guaranteed to be approved during the construction phase of the project. The County's response, whether in the affirmative or negative, to any request for a variation in the limits of access, will not be cause for additional time or compensation to the Contractor. 10. SAFETY Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: Page 4 of 22 • All employees on the Project(s) site(s) and other persons who may be affected thereby; • Park personnel, County personnel, and the Project Manager; • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and, • Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by the Contractor to the Project Manager. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when execution of the work may affect them. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the work is completed and the County or Project Manager has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of the Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, EPA, Monroe County, State of Florida, and Florida Building Code), which bear on the performance of the work. The Contractor shall take the responsibility to ensure that all work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, steel plates, safety lights, and ladders, that are necessary for the protection of its employees, as well as the public and County and Park employees. All riggings and scaffolding shall be constructed with good sound materials, be of adequate dimensions for their intended use, and be substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders, and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the County and Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the County and Project Manager. Page 5 of 22 11. ACCIDENTS The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50 (2015). In addition, the Contractor must report immediately to the Park, County, and Project Manager every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 12. INSPECTIONS AND AUDITS The County, Park, and their designees, including the County's assigned consultants (Project Manager) shall have right of access to the work sites throughout all stages of construction, and the Contractor will facilitate such access and inspection. Further, the County shall have the right to inspect and copy, at the County's expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Contractor and any agent thereof shall strictly comply with the provisions of the Public Records Law, Florida Statute 119.0701 (2015) inclusive. Records subject to the provisions of Public Records Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Contractor shall retain and make available to the County all such records, accounts and books, financial or otherwise, correspondence, memoranda, and reports constituting a "public record" within the meaning of Florida Statute 119.011(12) (2015), which relate to the Project and to any claim thereof for a period of five (5) fiscal years following completion (Final Completion of the Project) or termination of agreement. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractor shall develop the proper forms and reports acceptable to the County for the administration and management of the Contract Documents. 13. DRAWINGS A. CONTRACTOR TO CHECK DRAWINGS AND DATA Page 6 of 22 The Contractor shall verify all dimensions, quantities, and details or other data received from the County, and shall notify the County of any errors, omissions, conflicts, and discrepancies found therein. The Contractor shall submit to the County a Request for Information (RFI), consecutively numbered in a format provided by or acceptable to the County, detailing all errors, omissions, conflicts, and discrepancies found therein within three calendar days of discovery. The County will provide a response to all RFIs submitted by the Contractor. The Contractor will not be allowed to take advantage of any errors or omissions, as full instructions will be furnished by the County, should such errors or omissions be discovered. Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents, unless Contractor recognized such error, omission, or discrepancy, and knowingly failed to report it to County or Project Manager. B. SUPPLEMENTAL DRAWINGS The County or Project Manager shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information, as the work proceeds, all of which shall be considered as part of the Contract Documents. In the event of disagreement between the written and graphic portions of the Contract Documents, the written portion(s) shall govern. 14. PERMITS AND AUTHORIZATIONS The Contractor shall be responsible for reviewing all permits and authorizations previously obtained for the project, including the US FWS Biological Opinion. The Contractor will be responsible for modifying the permits, as needed, to accomplish the proposed scope of work, obtaining additional permits not previously obtained including any that may not be identified in this scope of work, and abiding by all permit terms and conditions. Obtaining, paying for, and abiding by permits shall be considered as incidental to conducting the construction activities proposed for the project and shall not be grounds for requests for additional compensation. Note that prior to submittal for authorization or modification of an existing authorization, the County and Park must review and approve such submittal. Proposals requiring modification of existing authorizations must detail the modifications that are required, as County/Park approval for these cannot be guaranteed. MONROE COUNTY DEMOLITION PERMIT The project may require a County demolition permit, it is the Contractor's responsibility to determine the applicability of this permit and obtain it as needed. The Contractor shall coordinate with the Project Manager to demonstrate the applicability of this permit. NPDES The project will require an FDEP National Pollution Discharge Elimination System (NPDES) Permit, which must be obtained by and abided by the Contractor for the duration of the project. The Contractor must develop an Erosion Control Plan (ECP) to be approved by the Project Manager prior to initiation of construction. The Contractor is responsible for obtaining, Page 7 of 22 completing, and paying for any required NPDES applications, permits, and permit conditions, including inspection and reporting. DEWATERING Dewatering is not anticipated to be required for this project. If dewatering is necessary, the contractor shall be responsible for obtaining Dewatering Permits and shall provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps, and siphons. Costs of dewatering will be considered incidental to the scope of work. 15. Maintenance of Traffic The Contractor shall provide, as required and professionally prudent, Maintenance of Traffic (MOT) for the work site, for both vehicular and pedestrian traffic, including for any instances when construction vehicles or equipment are entering or exiting County Road 905 (CR905). When applicable, MOT activities shall be conducted under the direction of Contractor staff by a Worksite Traffic Supervisor certified in the advanced training category by a Florida Department of Transportation approved training Provider. Approved Providers will be posted on the Department's website at the following URL address: http://www.dot.state.fl.us/rddesign/MOT/MOT.shtm. Use approved alternate Worksite Traffic Supervisors when necessary. MOT costs shall be considered as incidental to the scope of work. 16. WORK SCHEDULE Within 14 calendar days after receipt of the executed Contract, the Contractor shall submit to the County or Project Manager a work schedule for the project. The County or Project Manager will review and respond to the Contractor within seven calendar days of receipt of the proposed work schedule. The work schedule shall show the various activities of work in sufficient detail to demonstrate a reasonable and workable plan to complete the project within the contract time. The work schedule shall show the order and interdependence of activities and the sequence for accomplishing the work. It shall describe all activities in sufficient detail so that the County or Project Manager can readily identify the work and measure the progress of each activity. It shall show each activity with a beginning work date, a duration, and a monetary value. It shall include start and completion dates for each scope item. The Contractor shall provide sufficient information to indicate coordination activities with utility owners that have facilities within the limits of construction have been resolved. The Contractor shall incorporate in the schedule any utility adjustment schedules included in the Contract Documents unless the utility company and the County mutually agree to changes to the utility schedules shown in the Contract. The County has identified that utilities exist in the vicinity of, and parallel to, CR 905. However, additional unidentified utilities may exist within the project site. The Contractor shall submit a working plan with the schedule, consisting of a concise written description of the construction plan. Page 8 of 22 The County or Project Manager will return inadequate schedules to the Contractor for corrections. The Contractor shall resubmit a corrected schedule within seven calendar days from the date of the County or Project Manager's return transmittal. The Contractor shall submit an updated Work Progress Schedule, for County or Project Manager's acceptance, if there is a significant change in the planned order or duration of an activity. The County or Project Manager will review the corrected schedule and respond within seven calendar days of receipt. By acceptance of the schedule, the County or Project Manager do not endorse or otherwise certify the validity or accuracy of the activity durations or sequencing of activities. The County or Project Manager will use the accepted schedule as the baseline against which to measure progress. If the Contractor fails to finalize either the initial or a revised schedule in the time specified, the County or Project Manager will withhold all Contract payments until the County or Project Manager accepts the schedule. The Contractor shall provide an overall schedule at the pre -construction meeting and weekly schedule at progress meetings. The Contractor shall keep the Project Manager, Park, and County informed of work schedules, at minimum, on a weekly basis, including work performed, upcoming work scheduled, and changes to previously identified/proposed work schedules. Weekly coordination is anticipated to be primarily through email, with phone calls and in -person meetings on an as -needed basis. Coordination of work schedule activities are considered to be incidental, to and part of, the Contractor's proposed budget. 17. COORDINATION A. GENERAL Contractor is responsible to contact the Project Manager prior to commencing any activities in the Park, prior to changing the active construction area, and prior to implementing or changing maintenance of traffic on the adjacent CR 905. B. DISCOVERY AND NOTIFICATION If at any time the Contractor identifies situations on or associated with the work site that are, or could pose, a danger or significant management problem for the Park, the County, or the public at -large, or a change to the scope of work is required, then the Contractor must notify the Project Manager as soon as these issues are identified. C. PUBLIC The Contractor shall maintain a professional demeanor at all times when dealing with members of the public. All Contractor staff members on a work site shall dress in a professional manner in accordance with industry standards for the type of work being conducted. The Contractor shall not make representation, statements, or commitments as an official agent of the County or Park, instead referring any public inquiries to the Project Manager. Page 9 of 22 D. PRE -CONSTRUCTION CONFERENCE Within five days after delivery of the executed Contract by the County to the Contractor, but before starting the work, a commencement conference will be scheduled and hosted by the Contractor, at the Park office in Key Largo, to review the schedule and provide procedures for processing Applications for Payment, procedures for communication and related project logistics. Present at the conference will be representatives from the Park, the County (including the Project Manager), and the Contractor. 18. EQUIPMENT Contractor shall only utilize its staff members to operate equipment that have been appropriately trained in accordance with industry standards, all equipment must be maintained in good working order, used in accordance with manufacturer recommendations and ANSI (American National Standards Institute) standards and associated Best Management Practices, and shall not be stored in areas other than those approved by the Project Manager. The Contractor is responsible for maintenance of equipment including repairs due to damage for any reason, and for the safety and security of equipment. The County or Park shall not be liable for any damage to or loss of equipment from the project site. 19. UTILITIES Contractor shall perform utility location using Sunshine State One Call, on the work site involving ground disturbing activities (including tree plantings, relocations etc.) or where underground utilities may otherwise be disturbed, as a task incidental to those activities. The Contractor shall immediately notify the Project Manager when previously unidentified utilities are identified on the project site in a location where they may be damaged or disturbed. Where the Contractor's operations could cause damage or inconvenience to telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. The Contractor shall notify all utility companies that are affected by the construction operation at least 48 hours in advance. Under no circumstance shall the Contractor expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, the Contractor shall locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the County nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. Page 10 of 22 In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, the Contractor shall promptly notify the proper authority. The Contractor shall cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the County or Project Manager. The Contractor shall replace, with material approved by the County or Project Management, at Contractor's expense, any and all other laterals, existing utilities, or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the County or Project Manager. The Contractor shall replace, with material approved by the County or Project Manager, at Contractor's expense, any existing utilities damaged during the work. 20. TRASH CLEANUP AND REMOVAL The Contractor is responsible for maintaining the project site in a professional and presentable manner and for ensuring that debris and hazardous substances do not pose a threat to harm surrounding public lands, ecological resources, or members of the public. The Contractor will be responsible for removal of all trash and debris within the project site, as well as removal of off -site trash and debris generated on the project site. Any personal trash generated by the Contractor (including food containers) must be bagged and removed from the site on a daily basis. In accordance with the conditions of the US FWS Biological Opinion, vegetative and demolition debris will not be permitted to remain on site overnight - it must be removed and disposed of by the end of each day. The Contractor may dispose of clean fill within the Park property in the entrance channel at Port Bougainville or, if Port Bougainville is filled and permission from the Park is granted, Carysfort Marina, as identified in Attachment G and as described in further detail in Section 26(A) of this SOW. 21. POST -CONSTRUCTION MAINTENANCE The Park will be responsible for the maintenance and management of the project site after the completion of restoration activities and approval by the Project Manager. 22. STAGING AREAS/WORK SITES A. LOCATIONS The Contractor shall carefully review available locations within the project corridor regarding where to perform the staging operations, and to minimize impacts to the surrounding areas and the environment. All staging areas must be approved by the Project Manager prior to use, noting that any proposed staging outside of the construction limits may require additional work at the Contractor's sole expense to restore the site to pre-existing conditions. The Contractor is responsible for identification of the limits Page 11 of 22 of the work zone and vegetative trimming, and for providing this information to the Project Manager for verification prior to initiation of work in a particular area. B. PLAN A staging plan must be submitted to and approved by the Project Manager prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 23. ENVIRONMENTAL CONSIDERATIONS A. PROTECTION OF LISTED SPECIES The project site contains habitat for federal and state protected species including the KLWR and KLCM. The Contractor is responsible for coordinating work with the Project Manager and may need to adjust construction methodologies and construction schedule for certain activities, in order to avoid impacts to protected species. The Contractor will not receive additional compensation for construction methods or adjustments in construction methods or schedules to protect species. Accordingly, the Contractor should become familiar with all wildlife conservation requirements identified in Attachment A, and shall plan to utilize construction methodologies and take additional precautions as necessary to avoid impacts to protected species. Key conditions for protection of KLWR and KLCM include: • All vegetation to be removed must be cut by hand (chain saws and similar hand-held equipment allowed); • All vegetative debris, with the exception of small piles of vegetation (less than 25 cubic feet), and demolition debris must be removed daily and will not be allowed to be stored on site overnight, either open or containerized; • The heavy equipment allowed for specific use within designated areas will be limited to the smallest size necessary to safely remove any structures, keeping impacts as minimal as possible; • If a living KLWR or KLCM is encountered during construction, all construction activities in the vicinity must cease until the animal leaves of its own volition; • If a dead KLWR or KLCM is found during construction, all construction activities in the vicinity must stop, the animal must be left in place and construction activities may not resume until the US FWS has authorized work to resume; • Vegetation removal is not permitted for the purpose of allowing access for machinery larger than the minimum size equipment needed for the work. In addition to KLWR and KLCM, Dagny Johnson Park provides habitat for numerous other wildlife species, including several threatened/endangered species. The Contractor must be careful not to disturb areas outside of the designated work zone, and must report any wildlife sightings, encounters with protected species, or injuries to protected species, to the Project Manager immediately. The County/Park staff will be relocating tree snails during the clearing of vegetation, as described in below in Section 23(B). Page 12 of 22 B. CLEARING OF VEGETATION AND PROTECTION OF SURROUNDING VEGETATION This project is within a State Botanical Park, therefore, the Contractor must use extreme caution and avoid impacting vegetation outside of the footprint of the restoration site. Contractor is responsible for preventing impacts to all off -site trees and other vegetation, as well as to specifically identified trees to remain within the limits of construction. Protection measures may include tree protection fencing and root pruning. Trimming as required for site access must be conducted by the Contractor in accordance with the most recent version of the ANSI A-300 standards and associated best management practices. Tree trimming activities shall be conducted by hand under the direction of a Contractor staff member (or subcontractor) that is an ISA Certified Arborist. (Pruning will not be conducted by Park staff.) Clearing or removal of trees is only authorized within the limits of construction. Prior to commencing any clearing or trimming work, the Contractor shall submit a "Clearing Plan" to the Project Manager which identifies the boundaries and dimensions of the proposed clearing and trimming areas and shall specify methods for protecting vegetation outside of those areas. Additionally, the Contractor shall delineate the limits of the proposed clearing on the site. Once the Contractor has received permission to proceed with the proposed clearing and trimming, the Contractor shall allow the County's Project Manager and Park staff to inspect cut vegetation for the presence of tree snails prior to disposal of or chipping of cut debris. All removals shall be flush -cut level with the existing grade. If it is found that additional tree removal (outside of the areas identified in the Clearing Plan) is required for trees in conflict with the proposed restoration work, then the Contractor must obtain approval from Project Manager prior to conducting the removal. All vegetation removed through trimming or clearing activities must be properly disposed of by the Contractor. It may be disposed of off -site at an approved facility or chipped for use as mulch for new plantings, in accordance with the restrictions listed in the Biological Opinion. All vegetation protection requirements shall be considered as incidental to project costs. C. DECONTAMINATION PROTOCOL FOR INVASIVE SPECIES Dagny Johnson Park is considered a sensitive habitat, and must be protected from introduction of invasive plant species. All equipment, including but not limited to vehicles, trailers, ATV's, and chippers, must be cleaned with a pressure washer prior to entering the project site. This decontamination protocol includes spraying down all equipment surfaces including the undercarriage and tires to ensure that mud, vegetative debris, and other debris is not transported into the Park from offsite locations. Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down and cleaned, prior to arrival at the project site so that they are free of debris. The Project Manager may inspect equipment at any time for adherence to this protocol and may refuse entry of any vehicle or equipment not in compliance. Page 13 of 22 D. EROSION CONTROL AND SEDIMENTATION Erosion control measures shall be installed prior to the beginning of any work activity. Erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized. The Contractor must comply with all environmental permits, including measures identified in the National Pollutant Discharge Elimination System (NPDES) Stormwater Pollution Prevention Plan and Sediment and Erosion Control Plan. The Contractor must inspect installation of all erosion/control devices and immediately repair defective items. The Contractor may have to conduct water quality sampling and analysis in accordance with current State or National Pollutant Discharge Elimination System (NPDES) permit requirements, report non -conformity with Monroe County specifications or standards, State Water Quality Standards or permits. If dewatering or bank disturbance activities are proposed, the Contractor will have to monitor turbidity levels in receiving or adjacent bodies of water and provide turbidity monitoring logs to the Project Manager. 24. HAZARDOUS MATERIAL The Contractor shall abide by the requirements described in this section. A. IN GENERAL The Contractor shall handle, transport, and dispose of hazardous materials in accordance with all Local, State and Federal requirements including the following: a. SSPC Guide 7; b. Federal Water Pollution Control Act; and c. Resource Conservation and Recovery Act (RCRA). The Contractor shall accept responsibility for the collection, sampling, classification, packaging, labeling, accumulation time, storage, manifesting, transportation, treatment and disposal of hazardous waste, both solid and liquid. Separate all solid and liquid waste and collect all liquids used at hygiene stations and handle as hazardous materials/waste. Obtain written approval from the County for all hazardous materials/waste stabilization methods before implementation. The Contractor shall obtain an EPA/FDEP Hazardous Waste Identification Number (EPA/FDEP ID Number) before transporting and/or disposing of any hazardous materials/waste. List the County as the generator of all hazardous materials/waste. Submit the following for the County or Project Manager's approval before transporting, treatment, or disposal, of any hazardous materials/waste: a. Name, address, and qualifications of the transporter; b. Name, address, and qualifications of the treatment facility; c. Proposed treatment and/or disposal of all Hazardous Materials/Waste. The Contractor shall transport all hazardous materials/waste in accordance with applicable 40 CFR 263 (2015) Standards. Provide a copy of all completed Hazardous Materials/Waste manifest/bills of lading to the County or Project Manager within 21 days of each shipment. Determination of appropriate debris disposal methods is the responsibility of the Contractor. Page 14 of 22 B. ASBESTOS Asbestos containing materials (ACM) are not known to occur on the project site, as described in Attachment F. C. LEAD BASED PAINT Facilities at the Port Bougainville site were identified as having lead based paint (LBP). The Contractor must ensure that all OSHA (Occupational Safety and Health Administration) and other federal, state, and local requirements are followed for the proper handling and disposal of LBP, and provide documentation of compliance with these requirements to the Project Manager. 25. CONSTRUCTION MEANS AND METHODS Where not specified in the SOW or attached exhibits, the Contractor shall be solely responsible for the means, , methods, techniques, sequences, and procedures of construction. The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall provide the County with a description of the means and methods upon request. Specific requirements for and restrictions pertaining to construction means and methods are listed below. The Contractor may propose alternative means and methods for consideration that do not directly comply with one or more provisions of this SOW. However, unless the Contractor has received written acceptance of proposed alternative means and methods from the County, all proposed bids and pricing will be required to be bound to all standard conditions and provisions in this SOW. The Contractor may propose alternative means and methods for construction to the Project Manager after contract award, however, acceptance of these cannot be guaranteed, and acceptance may be contingent upon a negotiated reduction in fees. 26. DEMOLITION Demolition must be conducted in such a manner as not to unduly disturb the adjacent sensitive environmental habitat, potential KLWR and KLCM utilizing the project site and infrastructure components that are intended to remain. At minimum, the Contractor will be responsible for restoring, at its own expense and to the County's satisfaction, any environmental or infrastructure resource outside of the limits of disturbance that is damaged as a result of construction activity. Guidance and restrictions on demolition activity are included in the US FWS Biological Opinion (Attachment A). A. DISPOSAL OF RUBBLE AND DEBRIS The Contractor may dispose of clean fill within the Park property in the entrance channel at Port Bougainville or, if Port Bougainville is filled and permission from the Park is granted, Carysfort Marina, as identified in Attachment G. Fill disposed of offsite (either not meeting the definition of clean fill or by contractor choice) must be disposed of in accordance with all applicable federal, state, and local regulations. The Contractor must provide information to the County to document the disposal location and proper handling of all fill material. Page 15 of 22 B. CLEAN FILL For the purpose of this Contract 'Clean Fill' shall be defined as clean lime -rock fill (free of contaminants), concrete rubble (smaller than 4 feet, rebar protruding no further than six inches, with no paint or coating that has not been approved by the Park), brick, crushed glass, PVC (chipped to smaller than six inches), clay roof or floor tiles, and ceramic floor tiles free of sealants. Other material including wood, metal, and asphalt is not considered clean fill. Material containing lead based paint is not considered to be clean fill. C. GRADING All work under this Contract shall be constructed in accordance with the lines and grades shown on the Construction Drawings, or as directed by the Project Manager. The full responsibility for keeping alignment and grade rests upon the Contractor. The Contractor, prior to commencing construction, shall have established bench marks and base -line controlling points. The Contractor shall so place excavation and other materials so as to cause no inconvenience in the use of the reference marks provided. The Contractor shall remove any obstructions placed by the Contractor contrary to this provision. D. SURVEY The Contractor shall furnish all stakes, templates, and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the work. The Contractor shall establish all horizontal and vertical controls necessary to construct the work in conformity to the Contract Documents. The Contractor shall perform all calculations required, and set all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction. E. SAFEGUARD MARKS The Contractor shall safeguard all points, stakes, grade marks, monuments and bench marks made or established on the work, bear the cost of re-establishing them if disturbed, and bear the entire expense of rectifying work improperly installed due to not maintaining, protecting, or removing without authorization such established points, stakes, and marks. The Contractor shall safeguard all existing and known property corners, monuments, and marks adjacent to but not related to the work and, if required, shall bear the cost of re-establishing them if disturbed or destroyed. 27. OWNERSHIP OF REMOVED MATERIAL Once fill, debris, and other material required to be removed from the project site have left Park property, it will become the sole possession of the Contractor. The Contractor must provide documentation to the County as to the disposition and location of the material, but it is at the Contractor's discretion where to take the material for disposal or if it can be beneficially reused. If the Contractor is able to lawfully sell or reuse material required to be removed for the scope of work for this project, for financial gain, the County and Park are not owed compensation for such financial gain Page 16 of 22 28. SITE SPECIFIC OPERATIONS - PORT BOUGAINVILLE SITE Additional information including estimates of cubic yards of fill, square yards, and linear feet of pavement, and anticipated demolition methodologies are provided in Attachment C, Design Specifications and Attachment D, Project Plans. The Contractor shall complete the restoration activities described below. 1. IN GENERAL The intent of the project is to remove structures (vacant since approximately the late 1970's) and associated infrastructure and fill for the purpose of restoring upland hammock habitat. The existing paved roadway will be reduced within the existing footprint, to create a 12 foot wide "meandering" (non -linear) paved trail for pedestrian and vehicular access. 2. ACCESS The Contractor will be provided access via a dirt road located on the ocean side of CR 905 at power pole 240. Prior to construction, vegetation along the access road and on access routes within the Park outside of construction areas must be hand -trimmed by the Contractor (under direction of its ISA Certified Arborist), to the minimum width to allow one -lane transit. Any variations in the access routes identified in Attachment G and work areas identified in Attachments C and D must be approved by the Project Manager. Within the construction area, trees may be removed for equipment access and to facilitate construction activities, after request approved by the Project Manager. Trimming and clearing must comply with Section 23 of this SOW. • RESTORATION ACTIVITIES The Port Bougainville project site comprises 6.16 acres, with work consisting of a combination of removal of structures, removal of fill, removal of roads, and planting, on seven areas as follows. (The area identified as "Fill Area" on Attachment D is not included in this scope of work). Note that areas with substantial fill have been identified, however all areas, unless otherwise designated in the Biological Opinion, with a base elevation higher than the surrounding natural grade will be required to be graded to match the surrounding elevation. The post -construction grade must be within 18 inches of the average surrounding grade, as measured (by the Project Manager) from multiple locations based on site conditions. Grading is intended to provide a smooth transition with offsite contours, and must be at a slope of 4:1 or shallower. Foundations, structures and utilities greater than 12 inches below the final grade in areas of fill removal may remain, provided that clean soil is backfilled over them as applicable to match the surrounding grade. All demolished materials must be removed from the site daily to minimize the possibility of KLWR and KLCM usage. Existing asphalt to remain shall not be damaged and must be repaired at Contractor's expense if damaged during demolition activities. Where possible, path meanders should incorporate the location of manholes 1) Tennis Courts: 1.21 Acres. Removal of asphalt and chain link fencing. This area is identified on the Project Plans (Attachment D) on Sheet C-1. Page 17 of 22 2) Bathhouse: 0.30 Acres. Removal of structure. This area is identified on the Project Plans (Attachment D) on Sheet C-1. 3) House: 0.45 Acres. Removal of structure, removal of fill material to return area to elevation even with surrounding natural grade. This area is identified on the Project Plans (Attachment D) on Sheet C-9. 4) Restaurant and Tunnel: 1.30 Acres. Removal of structures, planting native plants supplied by Park. This area is identified on the Project Plans (Attachment D) on Sheets C-6 and Sheet C-7. 5) Lodge: 0.62 Acres. Removal of structures, removal of broken asphalt and fill material to return area to elevation even with surrounding natural grade. This area is identified on the Project Plans (Attachment D) on Sheet C-8. 6) Foundation: The removal of this structure has been deleted from the project as required by the Biological Opinion. Only the asphalt leading to the structure is to be removed. This area is identified on the Project Plans (Attachment D) on Sheet C-9. 7) Roads: 2.15 Acres. Removal of asphalt and base material. Asphalt removal will require saw - cutting to leave the desired 12-foot remaining asphalt roadway intact. This area is identified on the Project Plans (Attachment D) on Sheets C-2 through C-6. Contractor to selectively remove asphalt to follow the cleanest/best path, providing a meandering pattern where possible, and avoiding exposing manhole covers. • PLANTING Planting must be performed using native stock grown in the Park's Native Plant Nursery. The Park will provide a maximum of 300 three -gallon plants to be planted within the limits of construction after completion of restoration activities. The Park staff will determine the appropriate material for the site and will provide the Contractor with the plants and a planting plan (at no direct cost to the Contractor).The Project Manager will instruct the Contractor on the location of the planting areas and placement of planting materials. Contractor will be responsible for transportation of plants from John Pennekamp State Park in Key Largo to the project site. Installation The Contractor will be required to install native vegetation at the Port Bougainville site, in the area designated by the Park. The Contractor must conduct planting activities in accordance with the most recent version of ANSI standards and associated best management practices, and in accordance with the following Park requirements: 1) The depth of planting holes shall be twice the width of the root ball mass and soil from the pot to allow the roots to properly spread out. 2) Planting holes may not be dug by auger, they must be mechanically excavated or hand dug. 3) Plants shall be installed so that the root ball mass and soil protrude approximately one -inch above the hole. 4) Any roots that are wound around and root bound in the pot will be carefully broken apart prior to installation in the hole. Page 18 of 22 5) Soil that is removed for the hole will be replaced to fill the hole and may be amended as needed to ensure plant survival. 6) The use of fertilizers will not be required. If needed, organic fertilizers can be used at a minimal rate as needed to ensure survival of the plants. Mulch The Contractor must place a three inch layer of mulch over the excavated planting pit of each newly installed plant, leaving a three-inch gap around the trunk. Mulch must be free of dyes and viable seeds, and must not consist of cypress material. Mulch may consist of vegetative material cut and chipped on site, which was required to be removed for access and/or construction. Irrigation Contractor shall, as a routine part of, and incidental to, plant installation, provide irrigation of new plantings in accordance with the following: 1) All new plantings shall be irrigated to capacity at the time of installation; 2) After plant installation, the Contractor must provide irrigation for all newly installed vegetation in quantities sufficient to fill planting pits to field capacity; 3) Watering shall be done via water truck/hose, not temporary pipes, and shall be in accordance with the following schedule (which is not considered part of the project schedule in Section II C): Water plants three days per week for the first two weeks, and two days per week for the next four weeks, for a total of six weeks, unless the areas receive equivalent rainfall; 4) The Park will coordinate site access for watering after completion of construction; 5) The Park does not have an accessible freshwater source for filling water tanks. Identification of a water source for irrigation (or other) needs is the responsibility of the Contractor. Soil Compaction The Contractor shall avoid soil compaction in areas of plant installation. If the Contractor is unable to avoid soil compaction, the Contractor will be required to aerate the soil using an air spade. • COMPLIANCE WITH MAY 8, 2015 US FWS BIOLOGICAL OPINION The US FWS Biological Opinion, provided as Attachment A of this SOW, has specific conditions and requirements for construction. The following summary of requirements from the Biological Opinion (BO) is included here for emphasis and illustrative purposes only; the original language of the Biological Opinion must be followed and take precedence over the summary version provided herein. Required activities for construction of artificial wildlife nests and wildlife monitoring will be conducted by Park personnel. o All vegetation will be trimmed from within the designated work areas by the Contractor using chain saws or hand tools only (collectively defined as machinery), unless otherwise permitted in the BO. Care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. All cut vegetation will be removed daily, and piles or other accumulations of vegetation will not be left overnight, with the exception Page 19 of 22 of small piles of vegetation (less than 25 cubic feet), which may be permanently deposited in adjacent hammock habitat. Concrete or any debris is prohibited in any area. All demolished materials must be removed from each work area daily to minimize the possibility of KLWR and KLCM usage. Any vegetation to be used as mulch must be mulched and stored at the designated temporary mulch staging area at the end of each workday. o Park will provide native vegetation from stock grown in the Park's native plant nursery to be planted within the areas disturbed by heavy equipment after the completion of restoration activities to supplement natural recruitment and ensure successful hammock restoration. The Park will instruct the Contractor on the location of the planting area and placement of planting materials. Based on Service recommendations, the trees and shrubs will be planted at densities no lower than one plant per 50 square feet of planting area, and no higher than one plant per 25 square feet of planting area. o In order to avoid compaction of soil in cleared areas and to ensure plant colonization and growth, disking or air spades (near existing trees) will be used, as needed, to loosen soils compacted by equipment. o Heavy equipment will be used in some of the work areas as described below. The size of the heavy equipment used will be limited to the available access to each individual work area. The selected heavy equipment will be limited to the smallest size necessary to safely remove any structures, keeping impacts as minimal as possible. Vegetation will not be removed to allow the use of larger heavy equipment. o The outer edge of the staging area, site ingress/egress, asphalt areas, and other areas for all locations where heavy equipment will be used shall be plotted with / by Global Positioning System unit, mapped, and provided to the Project Manager. These areas will delineated with coordination with the Service and will be roped off prior to construction. o Tennis Courts Specific Activity and Minimization Measures: The asphalt and fill from within the tennis court will be removed with heavy equipment. The outer rocky edges of the tennis courts will not be removed. Based on Service recommendations, FDEP will create an inward sloping wall during fill removal to be no less than 2:1 (width:height). However, due to varying elevations surrounding the tennis courts, this may not be feasible in all areas and the FDEP will coordinate with the Service to adjust this slope should it be deemed necessary. No fill removal is proposed on the access roads or in between the courts. Any fence removal, if desired, will occur with minimum vegetation removal. Fence removal work will be conducted from inside the tennis courts, and all materials will be brought inward, toward the center of the courts. Machinery, which could include heavy equipment, will be used for the fence removal. All lights will be removed, including those outside of the fenced area. While access to the tennis courts is available via open paths, the heavy equipment will not increase the size of access or staging areas. o Bathhouse Specific Activity and Minimization Measures: Materials will be demolished and removed by hand only and carried to small construction vehicles staged at the asphalt edge. The current width of the recommended location of ingress/egress is a maximum 13 feet. The size of the access or staging areas will not be enlarged. Machinery, which could include heavy equipment, may be used to cut and remove vegetation from within the designated Page 20 of 22 work area. However, tree removal on the edges of the defined work area shall be avoided to the maximum extent possible. o House Specific Activity and Minimization Measures: While there is adequate access for heavy equipment to be utilized at the house, the location will require some removal of hammock to allow for a maximum of 13-foot wide ingress/egress. Machinery, which could include heavy equipment, will be used to cut and remove vegetation from the ingress/egress area and from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined ingress/egress and work area to the maximum extent possible. o Restaurant and Tunnel Specific Activity and Minimization Measures: There is adequate access for heavy equipment to be utilized at the restaurant and tunnel. The size of the access or staging areas will not be enlarged. Machinery, which could include heavy equipment, may be used to cut and remove vegetation from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. o Lodge Specific Activity and Minimization Measures: There is adequate access for heavy equipment to be utilized at the lodge. The current ingress/egress width is a maximum of 13 feet. The size of the access or staging areas will not be enlarged. The stacked natural wood piles will be dispersed in the hammock or used in the construction of artificial nests throughout the Park. Any natural logs not used for nests shall be removed by hand to the outer limits of the lodge area where they will be cut and loaded onto small construction vehicles for removal from the site. Milled wood or lumber cannot be used in artificial nest construction or dispersed into the hammock and must be discarded. Care will be taken to not disturb the fill, particularly on the edges, when removing the concrete foundation. Machinery, which could include heavy equipment, will be used to cut and remove vegetation from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. No fill will be removed from this location. o Foundation Specific Activity and Minimization Measures: Due to the high density of KLCM and the amount of quality hammock that would need to be removed, no demolition will occur at this site. No vegetation or fill will be removed from within the foundation work area. The asphalt leading up to the site will be removed, with heavy equipment, up to the vegetated edge of the extent of the asphalt. Care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. o Roads Specific Activity and Minimization Measures: Asphalt will be removed with the exception of a 12-foot wide roadway that will be left intact. Saw -cutting will be used to remove the asphalt following the cleanest/best path, providing a meandering pattern where possible (avoiding exposing manhole covers). Additionally, the machinery removing the asphalt roadways will not disturb an area greater than the area being removed and will avoid any tree removal on the edges to the maximum extent possible. o If a living KLWR or KLCM is encountered during land clearing or demolition, all work will immediately stop and the animal will be allowed to leave the area under its own volition. Page 21 of 22 Land clearing and demolition work will not resume until the animal has left the project site. If a dead KLWR or KLCM is encountered during land clearing or demolition, all work will immediately stop, and the animal will be left in situ. The original material surrounding it will be immediately returned to its original configuration to the maximum extent practicable. The Service will then be contacted for further instructions. Demolition or debris removal will not resume until authorized by the Service. Page 22 of 22 m n+ a� � A United States Department of the Interior `GXKVKZ FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20'h Street ate►' Vero Beach, Florida 32960 May 8, 2015 Paul Rice Florida Department of Environmental Protection John Pennekamp Coral Reef State Park Post Office Box 487 Key Largo, Florida 33037 Service CPA Code: 41420-2011-CPA-0200 Service Consultation Code: 41420-2011-F-0183 Service Reinitiation Code: 41420-2011-F-0183-R1 Date Received: November 22, 2013 Consultation Reinitiation Package Complete.: July 31, 2014 Applicant: John Pennekamp Coral Reef State Park County: Monroe Dear Mr. Rice: This document transmits the U.S. Fish and Wildlife Service's (Service) Biological Opinion to Florida Department of Environmental Protection (DEP) for the revised North Key Largo restoration project located in Monroe County, Florida. This document amends the Service's 2011 Biological Opinion (41420-2011-F-0183; BO)(Service 2011) for the removal of structures on Dagny Johnson Key Largo Hammock Botanical State Park (Dagny) and analyzes the effects of the revised project on the endangered American crocodile (Crocodylus acutus), the endangered Key Largo cotton mouse (Peromyscus gossypinus allapaticola; KLCM), the endangered Key Largo woodrat (Neotoma floridana smalli; KLWR), the endangered Schaus swallowtail butterfly (Heraclides aristodemus ponceanus; Schaus), the threatened eastern indigo snake (Drymarchon corals couperi), and the threatened Stock Island tree snail (Orthalicus yeses reses; SITS) in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U,S.C. 1531 et seq.). The Service is consulting with DEP on this project under section 7 of the Act because there is a Federal nexus from the expenditure of compensation funds from the federally funded Key Largo Wastewater Treatment Plant. The funds were transferred to Monroe County as compensation resulting from the Service's evaluation of the construction and expansion of the Key Largo Wastewater Treatment Plant (Biological Opinion [41420-2000-T-0736] [Service 2001], Technical Assistance [TA] [41420-2006-FA-1604] [Service 2006]). According to the terms of the Service's October 2006 TA letter to the Key Largo Wastewater Treatment District, the Service agreed the funds may be used cooperatively with the DEP to restore tropical hardwood hammock on the island of Key Largo. The biological opinion for the original North Key Largo w r restoration project was issued on August 17, 2011, and analyzed hand clearing of structures to address hazards in Dagny. DEP is requesting to modify the project to include the use of heavy equipment' to complete the restoration work within Dagny at the Port Bougainville (Port B) restoration sites. This amendment only addresses restoration work at the Port B site. Any modifications to the project at Dagny's other two sites (Old Roads and Nike Radar) would need to be addressed in a separate amendment. This Biological Opinion only provides updates and revisions to the applicable portions of the original BO. However, the Conclusion and Incidental Take Statement (associated assessment, Reasonable and Prudent Measures, and Terms and Conditions) are comprehensive and cover the entire project. The pages in which revisions are made are indicated in the header of each section. This amendment is based on information provided in the November 2013 draft Request for Proposal for Habitat Restoration Project within Dagny Johnson Key Largo Hammock State Park (Monroe County 2013; RFP), email messages, telephone conversations, site visits, and other sources of information. A complete record of this consultation is on file at the South Florida Ecological Services Office, Vero Beach, Florida. Consultation History (Page 2) During a phone conversation on November 22, 2013, DEP and Monroe County requested to reinitiate formal consultation with the Service to modify the restoration project at Port B, located within Dagny, for the KLWR and KLCM. Over the next several months, the Service conducted several meetings with DEP and Monroe County to identify the feasibility of modifying the original project to use heavy equipment to conduct restoration and to gather species information. On February 26, 2014, the Service, DEP, and Monroe County discussed the restoration plans at the Port B site. The parties agreed that a site visit would be required to: 1) better define the work area, 2) identify if the use of heavy equipment was feasible, what restrictions would be required, and 3) evaluate the need for additional surveys in the event heavy equipment was used. On March 10, 2014, the Service conducted a site visit of the Port B restoration areas. During this meeting the Service identified the necessary survey areas. It was determined that trapping surveys would be conducted by the Service with participation by the DEP and any biologists who may do work as part of the restoration project. The Service conducted trapping surveys for KLWR and KLCM at the various work areas within Port B outlined in the project between April 7, 2014, and April 11, 2014. 1 Heavy equipment refers to heavy-duty vehicles, specially designed for executing construction tasks, most frequently ones involving earthwork operations. Heavy equipment includes vehicles such as excavators, loaders, and dump trucks and come in various sizes. The size of the heavy equipment used will be limited to the available access to each individual work area and will be the smallest size necessary to safely remove any structures, keeping impacts as minimal as possible. 2 On June 24, 2014, the Service met with DEP and Monroe County at the Port B restoration areas to discuss survey results and outline the potential effects from the use of heavy equipment. Potential ingress/egress and staging areas were identified as well as some possible additional minimization measures for each location in the event heavy equipment would be used. On July 31, 2014, the Service spoke with the DEP by phone regarding the potential impacts from restoration and to finalize the minimization efforts that would be required to reduce the effects of using heavy equipment on the soils and to listed species. As of July 31, 2014, the Service had received all the information necessary for reinitiation of formal consultation as required in the regulations governing interagency consultations (50 CFR § 402.14). BIOLOGICAL OPINION DESCRIPTION OF PROPOSED ACTION (Page 2) The DEP, in coordination with Monroe County, proposes to perform upland hammock restoration activities consisting primarily of demolition and removal of structures, fill removal, grading, and planting of native vegetation. Funds that were transferred to Monroe County as compensation resulting from the Service's June 11, 2001, BO and October 26, 2006, TA will be used to accomplish the required minimum of 4.2 acres of hammock restoration. Any restoration work completed using this funding will be conducted by a contractor hired by Monroe County in accordance with the County's purchasing procedures. The project proposes to restore the same acreage identified in the original BO which includes 13.16 acres of hammock in North Key Largo. The Service recognizes that the entire project may not be completed with the amount of available compensation funds. The requirements for restoration in the referenced BO and TA will be considered fulfilled when a minimum of 4.2 acres of hammock have been restored. The portion of the project that is proposed in Port B comprises 6.16 acres of hammock in seven distinct areas. The seven work areas are identified as the: Tennis Courts, Bathhouse, House, Restaurant and Tunnel, Lodge, Foundation, and Roads. An onsite staging area will be identified to temporarily hold mulch that will be distributed on site. The project will include the following general restoration activities and minimization measures within Port B: All vegetation will be trimmed by workers using chain saws or hand tools (collectively defined as machinery) from within the designated work areas unless otherwise discussed in this amendment. Care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. All cut vegetation will be removed daily, and piles or other accumulations of vegetation will not be left overnight with the exception of small vegetation piles (less than 25 cubic feet), which may be permanently deposited in adjacent hammock habitat. 2. Concrete or any debris is prohibited in any area. All demolished materials must be removed from each work area daily to minimize the possibility of KLWR and KLCM usage. Any vegetation to be used as mulch must be mulched and stored at the designated temporary mulch staging area at the end of each workday. Feral cats are a major threat impacting federal and state endangered species within Dagny and on the Service's neighboring public lands. DEP will continue to allow Service staff to conduct feral cat monitoring and trapping within the park boundaries. DEP will procure and monitor six remote cameras within the park boundaries, and within 1 year from project completion develop and implement a strategy for long-term, management of feral cats within Dagny. 4. DEP will secure the necessary materials to construct artificial KLWR nest structures. The nest structures will be constructed at the Bathhouse, House, Restaurant and Tunnel, and Lodge at least 3 months prior to the start of any restoration activity. DEP will organize any work force that may be required to construct the nest structures. The Service has had success in constructing artificial KLWR nest structures and will provide support for the design and construction of the artificial nest. 5. DEP will provide native vegetation from stock grown in Dagny's native plant nursery to be planted within the areas disturbed by heavy equipment after the completion of restoration activities to supplement natural recruitment and ensure successful hammock restoration. The DEP will instruct Monroe County's contractor on the location of the planting area and placement of planting materials. Based on Service recommendations, the trees and shrubs will be planted at densities no lower than one plant per 50 square feet of planting area, and no higher than one plant per 25 square feet of planting area. The DEP will monitor the planted vegetation for 3 years and will provide additional plants if the survival rate falls below 75 percent. 6. In order to avoid compaction of soil in cleared areas and to ensure plant colonization and growth, disking or air spades (near existing trees) will be used, as needed, to loosen soils compacted by equipment. 7. Heavy equipment will be used in some of the work areas as described below. The size of the heavy equipment used will be limited to the available access to each individual work area. The selected heavy equipment will be limited to the smallest size necessary to safely remove any structures, keeping impacts as minimal as possible. Vegetation will not be removed to allow the use of larger heavy equipment. 8. The outer edge of the staging area, site ingress/egress, asphalt areas, and other areas for all locations where heavy equipment will be used shall be plotted with Global Positioning System unit, mapped, and provided to the contractor and any onsite biologist. These areas will delineated with coordination with the Service and will be roped off prior to construction. 4 A description of each of the Port B restoration areas size, general restoration activities proposed, survey effort, and area specific restoration activities and minimization measures are as follows: Tennis Courts: Size: 1.21 acres. Restoration activity: Removal of asphalt, chain link fencing and collection of fill from within the tennis court areas from the fence line inward (toward individual courts). Survey effort: No trapping was conducted at the tennis courts during the week of surveying performed by the Service. Specific activity and minimization measures: The asphalt and fill from within the tennis court will be removed with heavy equipment. The outer rocky edges of the tennis courts will not be removed. Based on Service recommendations, DEP will create an inward sloping wall during fill removal to be no less than 2:1 (width:height). However, due to varying elevations surrounding the tennis courts this may not be feasible in all areas and the DEP will coordinate with the Service to adjust this slope should it be deemed necessary. No fill removal is proposed on the access roads or in between the courts. Any fence removal, if desired, will occur with minimum vegetation removal. Fence removal work will be conducted from inside the tennis courts and all materials will be brought inward, toward the center of the courts. Machinery, which could include heavy equipment, will be used for the fence removal. All lights will be removed, including those outside of the fenced area. While access to the tennis courts is available via open paths, the heavy equipment will not increase the size of access or staging areas. 2. Bathhouse: Size: 0.30 acres. Restoration activity: Removal of structure and scattered debris. Surveys: No trapping was conducted at the bathhouse during the week of surveying performed by the Service. Specific activity and minimization measures: Materials will be demolished and removed by hand only and carried to small construction vehicles staged at the asphalt edge. The current width of the recommended location of ingress/egress is a maximum 13 feet. The size of the access or staging areas will not be enlarged. Machinery, which could include heavy equipment, may be used to cut and remove vegetation from within the designated work area. However, tree removal on the edges of the defined work area shall be avoided to the maximum extent possible. Because of the debris removal, prior to demolition, a minimum of 6 artificial nests will be constructed in multiple locations surrounding the bath house area. 3. House: Size: 0.45 acres. Restoration activity: Removal of structure, removal of fill material to return the area to an elevation even with surrounding natural grade. Surveys: Surveys were conducted over 3 nights at the house. Over the course of trapping, a KLCM was captured at 3 different trap sites (2 individuals, 1 recapture). Specific activity and minimization measures: While there is adequate access for heavy equipment to be utilized at the house, the location will require some removal of hammock to allow for a maximum of 13-foot wide ingress/egress. Machinery, which could include heavy equipment, will be used to cut and remove vegetation from ingress/egress area and from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined ingress/egress and work area to the maximum extent possible. Due to the high density of KLCM, prior to demolition a minimum of 12 artificial nests will be constructed in multiple locations surrounding the house area. 4. Restaurant and Tunnel: Size: 1.30 acres. Restoration activity: Removal of structures and planting native plants supplied by DEP as described in minimization measure 5 listed above. Surveys: Surveys were conducted over 4 nights at the restaurant and tunnel. Over the course of trapping a KLCM was captured at 3 different trap sites (2 individuals, 1 recapture). Specific activity and minimization measures: There is adequate access for heavy equipment to be utilized at the restaurant and tunnel. The size of the access or staging areas will not be enlarged. Machinery, which could include heavy equipment, may be used to cut and remove vegetation from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. Due to the high density of KLCM, prior to demolition a minimum of 10 artificial nests will be constructed in multiple locations surrounding the tunnel area. 5. Lodge: Size: 0.62 acres. Restoration activity: Removal of structures, wood piles, broken asphalt, and collection of concrete foundation to return the area to an elevation even with surrounding natural grade. Surveys: Surveys were conducted over 4 nights at the lodge. Both KLWR's and KLCM were caught during trapping at the lodge. At least one targeted species was captured on each night traps were set. KLCM were caught at 2 different trap sites (2 individuals, 1 recapture) on 3 nights that traps were set. KLWR's were caught at 3 different trap sites (2 individuals, 1 recaptured twice) on 3 nights the traps were set. Both KLCM and KLWR's were caught within and around the structure. One KLWR was spotted entering a nest after being released. Specific activity and minimization measures: There is adequate access for heavy equipment to be utilized at the lodge. The current ingress/egress width is a maximum of 13 feet. The size of the access or staging areas will not be enlarged. The stacked natural wood piles will be dispersed in the hammock or used in the construction of artificial nests throughout Dagny. Any natural logs not used for nests shall be removed by hand to the outer limits of the lodge area where they will be cut and loaded onto small construction r vehicles for removal from the site. Milled wood or lumber cannot be used in artificial nest construction or dispersed into the hammock and must be discarded. Care will be taken to not disturb the fill, particularly on the edges, when removing the concrete foundation. Machinery, which could include heavy equipment, will be used to cut and remove vegetation from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. Due to the high density of both KLWR's and KLCM, prior to demolition a minimum of 18 artificial nests be constructed in multiple locations surrounding the lodge area, using natural logs from within the lodge. No fill will be removed from this location. 6. Foundation: Size: 0.13 acres. Restoration activity: Removal of structure. Surveys: Surveys were conducted over 3 nights at the foundation. Over the course of trapping a KLCM was captured at 3 different trap sites (2 individuals, 1 recapture). Specific activity and minimization measures: Due to the high density of KLCM and the amount of quality hammock that would need to be removed, no demolition will occur at this site. No vegetation or fill will be removed from within the foundation work area. The asphalt leading up to the site will be removed, with heavy equipment, up to the vegetated edge of the extent of the asphalt. Care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. 7. Roads: Size: 2.15 acres. Restoration activity: Removal of asphalt. Surveys: No trapping was conducted in association with the roads during the week of surveying performed by the Service. Specific activity and minimization measures: Asphalt will be removed with the exception of a 12-foot wide roadway that will be left intact. Saw -cutting will be used to remove the asphalt following the cleanest/best path, providing a meandering pattern where possible, and avoiding exposing manhole covers. Additionally, the machinery removing the asphalt roadways will not disturb an area greater than the area being removed and will avoid any tree removal on the edges to the maximum extent possible. Action Area (Page 3) The action area was originally defined as approximately 19.07 acres of hammock and transitional wetlands at three previously disturbed sites. The introduction of heavy equipment expands the area in which KLWR and KLCM will be affected. However, this temporary loss of habitat does not expand the original action area. The action area specific to the revised project is the combined footprints of the Port B work areas (6.16 acres). 7 STATUS OF THE SPECIES/CRITICAL HABITAT Analysis of the species/critical habitat likely to be affected Other species in the Action Area (Page 12) In addition to the KLWR and KLCM, the American crocodile, eastern indigo snake, Schaus, and SITS also occur within the project's action area. The project area is within the boundaries of designated critical habitat for the American crocodile. Suitable nesting habitat for the American crocodile will not be affected. Therefore, the Service finds the proposed project may affect, but is not likely to adversely affect the American crocodile and its designated critical habitat. Historically, the eastern indigo snake ranged throughout the upland habitats of the Florida Keys; however, its present distribution is uncertain. Suitable habitat for the eastern indigo snake includes a mosaic of habitats in which they establish home ranges of up to 183 acres for males, and up to 120 acres for females (Layne and Steiner 1996). The large home range of eastern indigo snakes makes surveying difficult. The DEP has agreed to implement the Eastern Indigo Snake Protection Measures (Service 2013); therefore, the Service finds the proposed project may affect, but is not likely to adversely affect the eastern indigo snake. The Schaus is a blackish -large brown and yellow butterfly found in the tropical hardwood hammocks extending from Southern Miami -Dade County to Lower Matecumbe Key. All restoration sites contain suitable habitat for the Schaus. Schaus were documented within Dagny during pedestrian surveys conducted by the DEP's environmental consultant. No additional surveys for Schaus were conducted specifically for this project and no Schaus were identified during the Service's on site visits. The scope of work does not include the removal of plant species used by the Schaus and a minimal amount of vegetation removal is expected to occur. Therefore the Service finds the proposed project may affect, but is not likely to adversely affect the Schaus. SITS feed primarily on wild tamarind (Lysiloma bahamensis), willow bustic (Bumelia salicifolia), poisonwood (Metopium toxiferum), gumbo limbo (Bursera simaruba), pigeon plum (Coccoloba diversifola), ironwood (Krugiodendron ferreum), wild lime, mastic (Mastichodendron foetidissimum), and strongbark (Bourreria sp.), but may also feed on other species. All of these tree species are found within Dagny and may be present in a density or environment at the work areas that creates a microclimate (shade, humidity, temperature) favorable for tree snails. While no protocol surveys for SITS were conducted and no SITS were identified during the Service's on site visits, the sites contain suitable habitat for this species and SITS are known to be present within Dagny. The scope of work requires a minimal amount of vegetation removal. To minimize the possibility affecting the SITS, the DEP has agreed to stop work if the SITS are found within a designated work area and to contact the Service for guidance, before work is continued. Therefore, the Service finds the proposed project may affect, but is not likely to adversely affect the SITS. 8 EFFECTS OF THE ACTION The project site contains suitable habitat and is located within the geographic range of the KLWR and KLCM. Both KLWRs and KLCM are currently found within the proposed construction footprint. The time required to complete construction of the project is not known. It is unknown when new hammock will be mature enough for KLWRs and KLCM to utilize the work areas. Analyses for effects of the action (Page 17) Direct Effects: The restoration activities and temporary habitat loss during the clearing and removal of structures, fill, and roads may result in take of the KLWR and the KLCM. The probability of incidental take is dependent upon the number of KLWRs and KLCM in the area, their dispersal abilities, and the amount and distribution of available, suitable habitat. The use of heavy equipment can crush or injure individual KLWRs and KLCM and destroy or degrade nesting and foraging habitat. In addition, construction activities may adversely affect KLWRs and KLCM by causing them to leave the area and miss foraging and mating opportunities. Individuals fleeing the area may be more vulnerable to predation. Therefore, the probability of take during restoration work at Port B has increased with the additional use of heavy equipment. With proper safeguards in place, direct mortality of the KLWR and the KLCM as a result of the added use of heavy equipment can be minimized. The proposed action will directly result in the temporary loss of 6.16 acres of potentially suitable habitat, some of which provides foraging and breeding habitat for KLWRs and KLCM. A total of 2,498 acres of suitable KLWR and KLCM habitat currently occurs in North Key Largo. Therefore, the project will result in temporary impacts to less than 0.5 percent of the geographic range of these species, and much of that 0.5 percent is currently concrete, asphalt or road beds. Species response to the prosed action The project will result in increased human activity (e.g., equipment, construction personnel, surveys, replanting, etc.). As a result, KLWRs and KLCM may leave the area and miss foraging and mating opportunities. Individuals fleeing the area may be more vulnerable to predation. The increase in human activity could cause the KLWR and the KLCM to avoid using existing adjacent habitat, resulting in additional temporary habitat loss. However, KLWRs and KLCM present adjacent to the restoration activities could acclimate to the human activities and not abandon adjacent habitat. The number of individuals that will be present at the time of the action is not known. The data collected from surveys cannot accurately determine population density estimates of KLWRs or KLCM within the work areas. The Service anticipates that with the implemented minimization measures, planting of native hammock vegetation, and installation of artificial nest structures on lands adjacent to the work areas that KLWRs and KLCM will eventually reoccupy the work areas. 9 The following sections address the entire project. CONCLUSION After reviewing the current status of the KLWR and KLCM, the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the revised project, as proposed, is not likely to jeopardize the continued existence of the KLWR or the KLCM. Our conclusion is based on the fact that the original project will result in the temporary loss of 19.07 acres of KLWR and KLCM habitat which includes the 6.16 acres of KLWR and KLCM habitat within Port B where the use of heavy equipment will be used to complete the removal of existing structures. Therefore, the revised project will result in temporary impacts to habitat that are less than 0.5 percent of the geographic range of these species. In addition, KLWR and KLCM are expected to reoccupy the work areas over time with the implemented minimization measures, planting of native hammock vegetation, and installation of artificial nest structures on lands adjacent to the work areas. Furthermore, the restoration is expected to benefit the overall survival and recovery of the KLWR and KLCM because of the improvements to the habitat and the addition of the artificial nests. Critical habitat has not been designated for the KLWR and KLCM; therefore, none will be affected. INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to, and not intended as part of the agency action, is not considered to be prohibited taking under the Act provided such taking is in compliance with the terms and conditions of this incidental take statement. The terms and conditions described below are nondiscretionary and must be undertaken by the DEP so they become binding conditions of any grant or permit issued to the DEP, as appropriate, for the exemption in section 7(o)(2) to apply. The DEP has a continuing duty to regulate the activity covered by this incidental take statement. If the DEP (1) fails to assume and implement the terms and conditions or (2) fails to require DEP to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document, the protection coverage of section 7(o)(2) may lapse. In order to monitor the impact 10 of incidental take, the DEP, must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [50 CFR § 402.14(i)(3)]. AMOUNT OR EXTENT OF TAKE ANTICIPATED The number of individual KLWR and KLCM that will be present at time of the action is not known. The data collected from surveys cannot be used to accurately determine population density estimates of KLWRs or KLCM within the work areas. The Service finds that the project will result in harm (Le., habitat loss) to the KLWR and KLCM from the construction activities to restore 19.07 acres of habitat. In addition, harassment of the KLWR and KLCM is anticipated from disturbance as a result of the removal of debris and restoring natural grade. The Service anticipates that the entire project, including the 19.07 acres of restoration and use of heavy equipment, will result in the take of five KLWR and seven KLCM from either mortality, injury, harm, or harassment. If, during the course of this action, this level of take is exceeded, such take would represent new information requiring review of the reasonable and prudent measures provided. All work should stop and the reasonable and prudent measures must be modified immediately. EFFECT OF THE TAKE In the accompanying biological opinion, the Service determined this level of anticipated take is not likely to result in jeopardy to the KLWR or KLCM. No critical habitat has been designated for either of these species; therefore, none will be destroyed or adversely modified. REASONABLE AND PRUDENT MEASURES (Includes all measures from the original BO that Service believes are necessary and appropriate to reduce take and to minimize the impacts of incidental take ofKLWR and KLCM from the project (original and revised). The Service believes the following reasonable and prudent measures are necessary and appropriate to reduce take and to minimize the impacts of incidental take of KLWR and KLCM: 1. Further minimize the adverse effects of the action to the KLWR and KLCM and other species through avoidance of certain areas (as described in the Terms and Conditions, below), use of appropriate land clearing techniques and planting appropriate native species. 2. Evaluate the success of the restoration plan through appropriate monitoring. 3. Minimize the adverse effects of feral animal predation on the KLWR and KLCM. 11 TERMS AND CONDITIONS To implement the above reasonable and prudent measures, the Service has outlined the following terms and conditions. In accordance with the Interagency Cooperation Regulation (50 CFR § 402), these terms and conditions must be complied with to implement the reasonable and prudent measures: 1 a. DEP will not restore 0.15 acre of emerging hammock at the Port B site marked as "Fill Area" in Figure 2 in the BO. 1b. Trapping for presence of KLWR and KLCM was conducted by the service between April 7, 2014, and April 11, 2014, and is no longer required prior to restoration activities at the Port B location, as long as construction occurs or is completed by January 2016. If construction is not completed prior to January 2016, the DEP will coordinate with the Service to determine if additional surveys are necessary. Additionally, trapping for presence at the other two sites (Old Roads and Nike Radar) is no longer required unless there is a change in the scope of work to be conducted at those locations beyond what is discussed in the original BO. If the presence of KLWR or KLCM is documented at Old Roads or Nike Radar, the Service will be contacted to delineate areas that will be avoided. 1 c. Procedures used to clear and grub the proposed sites will be designed to minimize the potential for harm to the KLWR and KLCM. Existing hammock vegetation outside of the Port B work areas described in this amendment will not be impacted. A qualified biologist with documented experience identifying the KLWR and the KLCM (as described in Term and Condition 2b) will be on site during the debris removal, vegetation clearing and building demolition. If a living KLWR or KLCM is encountered during land clearing or demolition, all work will immediately stop and the animal will be allowed to leave the area under its own volition. Land clearing and demolition work will not resume until the animal has left the project site. If a dead KLWR or KLCM is encountered during land clearing or demolition, all work will immediately stop, the animal will be left in situ. The original material surrounding it will be immediately returned to its original configuration to the maximum extent practicable. The Service will then be contacted (see 4, below) for further instructions. Demolition or debris removal will not resume until authorized by the Service. All KLCM or KLWRs observed will be recorded and this information will be provided to the Service within 10 business days of completion of land clearing and demolition. Id. Prior to any removal, the DEP will coordinate with the Service on the removal of any existing debris piles that are not removed by hand outside of the Port B work areas discussed in this amendment to determine if formal consultation is necessary. At Old Roads and Nike Radar, demolition of concrete structures will be demolished using a hand-held or equipment -mounted pneumatic or hydraulic jackhammer where feasible to allow any KLWRs and KLCM hiding in or under the existing structures to leave the project site, minimizing potential injuries. 12 le. DEP will avoid disturbance of any stick or other pile nests, and contact the Service if any are encountered. If. Native hammock species planted at the "Restaurant & Tunnel" location will include pigeon plum (Coccoloba diversifolia), wild coffee (Psychotria nervosa), torchwood (Amyris elemifera) and wild lime (Zanthoxylum fagara). 2. Surveys consisting of live trapping for KLWR and KLCM will be conducted, at a minimum, at the sites at 1, 3 and 5 years after the restoration is completed to evaluate the success of the restoration. a. All procedures will follow the Service's protocol for small mammal surveys. The following information will be recorded for each KLWR or KLCM captured during the trapping: GPS location; the species of the each animal captured; the date each animal was captured; the location of each animal captured; the sex, approximate age, and mass (in grams) of each animal captured; and any other noteworthy observations. b. All KLWRs and KLCM captured will immediately be released unharmed at the trap site following the recording of data. Any other threatened and endangered species encountered within the project footprint will be recorded. Black rats captured during the live -trapping event will be euthanized humanely. The date and GPS location of each black rat captured as well as standard biological data will be recorded. c. A summary report will be provided to Service within 30 days of completion of the initial live trapping activities. If no KLWR or KLCM are captured during the 1, 3, and 5 year surveys, the DEP will coordinate with the Service to review survey methods and predator control management. d. Experienced biologists are necessary to minimize take during the live -trapping and monitoring of the KLWR and the KLCM specified in this amendment. Qualifications include education, experience with required techniques, and knowledge of the specific species being evaluated. Qualified individuals will be considered by the Service at the request of the DEP and Monroe County and must obtain a valid 10(a)(1)(A) permit. 3. Control feral and free -ranging domestic cats on the project sites in perpetuity, and educate the public about the harm to the KLWR, KLCM, and other native wildlife species that results when domestic cats are allowed to roam freely or are released into the wild. This includes starting a feral cat trapping program on Dagny. Educational elements include: a. Current hammock exhibit at John Pennekamp Coral Reef State Park visitor center will be expanded in size and include information about exotic species/predators to local flora and fauna and will specifically discuss the adverse effects of cats on 13 native wildlife. b. An interpretive exhibit will be established at the Tunnel site located near the end of the pavement (edge of ADA accessible area) and will display restoration activities and imperiled species/predators to said species and will specifically discuss the adverse effects of cats on native wildlife. c. Winter -time interpretive walks at Port B conducted by staff and volunteers will include a discussion on imperiled species in the area, predators to those species, and a discussion on the adverse effects of cats on native wildlife. REPORTING Upon locating a dead KLWR or KLCM specimen, initial immediate notification must be made to the nearest Service Law Enforcement Office (10426 NW 31st Terrace, Miami, Florida 33172; 305-526-2610; 305-526-2610). Secondary notification should be made to the FWC (South Region, 8535 Northlake Boulevard West Palm Beach, Florida 33412; 561-625-5122). Care must be taken in handling any dead specimens of proposed or listed species found in the project area to preserve the specimen or its remains in the best possible condition. In conjunction with the preservation of any dead specimens, the finder has the responsibility to ensure evidence intrinsic to determining the cause of death of the specimen is not unnecessarily disturbed. The finding of dead specimens does not imply enforcement proceedings pursuant to the Act. The reporting of dead specimens is required to enable the Service to determine if take is reached or exceeded and to ensure the terms and conditions are appropriate and effective. CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The Service is not proposing any conservation recommendations at this time. REINITIATION - CLOSING STATEMENT This concludes formal consultation on the revised project. As provided in 50 CFR § 402.16, reinitiation of formal consultation is required when discretionary Federal agency involvement or control over the action has been retained and if. (1) the amount or extent of incidental take is exceeded; (2) the agency action is subsequently modified in a manner that causes an effect to a listed species or critical habitat not considered in this opinion; (3) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; or (4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. 14 Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have any questions regarding this project, please contact Shawn Christopherson at 772-469-4336. Sincerely yours, Donald R. Progulske Everglades Program Supervisor South Florida Ecological Services Office Enclosure cc: electronic only Corps, Miami, Florida (Paul Kruger) DEP, Tallahassee, Florida (Samantha Browne) EPA, West Palm Beach, Florida (Richard Harvey) FWC, Tallahassee, Florida (FWC-CPS, Maryann Poole, Traci Wallace) FWC, West Palm Beach, Florida (Ricardo Zambrano) Service, Atlanta, Georgia (Dave Flemming) Service, Big Pine Key, Florida (Nancy Finley) Service, Key Largo, Florida (Jeremy Dixon) Service, Vero Beach, Florida (Sandra Sneckenberger) 15 Literature Cited Layne, J.N., and T.M. Steiner. 1996. Eastern indigo snake (Drymarchon corals couperi): summary of research conducted on Archbold Biological Station. Report prepared under Order 43910-6-0134 to the U.S. Fish and Wildlife Service; Jackson, Mississippi. Monroe County. 2013. Draft Request for Proposal for Habitat Restoration Project within Dagny Johnson Key Largo Hammock State Park. 68 pages. U.S. Fish and Wildlife Service. 2001. Biological Opinion: Key Largo Wastewater Treatment Plant. South Florida Ecological Services Office; Vero Beach, Florida. U.S. Fish and Wildlife Service. 2006. Technical Assistance: Key Largo Wastewater Treatment Plant. South Florida Ecological Services Office; Vero Beach, Florida. 3 pages. U.S. Fish and Wildlife Service. 2007. Draft communications plan on the U.S. Fish and Wildlife Service's Role in Climate Change. U.S. Fish and Wildlife Service. 2011. Biological Opinion: Florida Department of Environmental Protection's (DEP) proposed North Key Largo Restoration Project. South Florida Ecological Services Office; Vero Beach, Florida. U.S. Fish and Wildlife Service. 2013. Standard Protection Measures for the Eastern Indigo Snake. South Florida Ecological Services Office; Vero Beach, Florida. 16 U.S. FISH AND WILDLIFE SERVICE TRAPPING PROTOCOL TO DETERMINE PRESENCE OF THE KEY LARGO WOODRAT (Neotoma floridana smalli) AND THE KEY LARGO COTTON MOUSE (Peromyscus gossypinus allapaticola) 5/9/2005 This protocol is to be used when trapping to determine presence/absence of the Key Largo woodrat (KLWR) and Key Largo cotton mouse (KLCM) in a given area. 1. Individuals conducting the trapping should have a permit and previous experience in live trapping small mammals (or be trained by an experienced person). They must also be able to identify any species that may be captured during the trapping event. 2. Surveys should include all potential KLWR/KLCM habitats within the area and, if landowner permission can be obtained, adjacent lands with potential KLWR/KLCM habitat. 3. Trapping should be conducted over the entire project area using a grid system of Sherman live -traps spaced at 10-15 meter intervals. 4. Traps should be set for four consecutive nights per trapping season or until an individual of each species is caught. Unexpected drops in temperature may cause a disruption in consecutive trapping nights. 5. Trapping will not be conducted when nighttime temperatures are forecast to be <60° F. If temperatures are forecast to be in the mid to low 60's, cotton balls (4-5) will be placed in the trap along with the bait. 6. Bait should consist of crimped oats and any combination of the following ingredients: peanut butter, grapes, apples and/or sunflower seeds. 7. In areas where fire ants are present, 10% Carbaryl (Sevin) dust will be placed immediately under the traps so that KLWRs/KLCM will not come in immediate contact with it. Other approved methods will be considered. 8. Traps should be checked and all KLWRs/KLCM released no later than 3 hours after official sunrise. 9. Upon capture of a KLWR or KLCM, authorized personnel identified by the Service will be contacted immediately. 10. All captured individuals shall be handled for as briefly as possible in a humane manner during the time it takes to tag, examine, identify, and collect necessary biological samples. OPTIONAL: All KLWRs captured in the wild will have blood samples taken by authorized personnel for genetic analysis. PIT (passive -induced transponder) tags in conjunction with ear tags will be used for individual woodrat identification and such identification will be applied by authorized personnel. All KLWRs/KLCM shall be released at their point of capture, if possible. 11. Any black rats (Rattus rattus) captured during woodrat trapping will be euthanized humanely. If raccoons are disturbing traps (determined by missing bait or closed traps), the Service will be contacted and an appropriate method for minimizing trap disturbance will be implemented. If raccoon trapping is deemed necessary, the raccoons will be trapped using appropriately sized traps (e.g., Tomahawk). Domestic cats are to be released on the perimeter of the study area near residences and any feral cats captured in the traps will be brought to the local animal shelter. 12. Presence of KLWRs/KLCM can be documented in a single trapping period. To determine absence, traps shall be operated seasonally (fall, winter, spring, summer) for 2 years. 13. Site description and trapping data should be recorded. Site description should include GPS location and property Real Estate'number, habitat on the project area and adjacent lands, and trapping design relative to habitat distribution. Daily trapping data should include number of KLWRs/KLCM trapped per day, non -target species, and lost or missing traps. Sex, age, and reproductive status of Key Largo cotton mice will also be reported. Digital photographs of trap setups and captured animals should be included with the final report. All data, including all verified data, GIS files, metadata, photographs, reports and final reports will be delivered via CD- or DVD-ROM. All trapping information should be submitted to the following offices: Sandra Sneckenberger U.S. Fish and Wildlife Service 1339 20th Street Vero Beach, Florida 32960 Jeffery A. Gore, Ph.D. Fish and Wildlife Research Institute Florida Fish and Wildlife Conservation Commission 3911 Highway 2321 Panama City, Florida 32409 Paul Rice Pennekamp State Park Post Office Box 487 Key Largo, Florida 33037 2 Ernest M. Cowan Florida Park Service 13798 S.E. Federal Highway Hobe Sound, Florida 33455 Jeremy Dixon Crocodile Lake National Wildlife Refuge Post Office Box 370 Key Largo, Florida 33037 Dana Hartley U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960-3559 -Aif4chwmf 13 - AGREEMENT THIS AGREEMENT is made the l S day and between STATE OF FLORIDA DEPARTMENT OF ENVIRONAAENTAL PROTECtI�, WVISION OF RECREATION AND PARKS, 3900 Commonwealth Boulevard, Malt Station 500, Tallahassee, Florida 32399-3000. herein called DRIP, and MONROE COUNTY, FLORIDA,1100 Simonton Street, Key West Florida 33040. herein called the County. WHEREAS, DRP wishes to complete the restoration work as described In the DRP document "North Key Largo Restoration Project" (Exhibit "A* ; and WHEREAS, the County has possession of mitigation monies as a result of the construction of the Key Largo wastewater treatment plant which construction necessitated the review and approval of the U.S. Fish and Wildlife Service (IJSFWS X and WHEREAS, a condition of USFWS's approval was the payment of a mitigation fee into the Monroe County Environmental Land Management and Restoration Fund which must be utilized to complete the restoration of a minimum of 4.2 acres of tropical hardwood hammock habitat In North Key Largo and any proposed mitigation project claiming to meet this requirement must be reviewed and approved by USFWS; and WHEREAS, according to a Biological Opinion Issued by USFWS on May 8, 201b (Exhibit "S*), the restoration work proposed by DRP in the "North Key Largo Restoration Project" document meets USFWS mitigation requirements; and WHEREAS, DRP wishes to complete this restoration project utgizkv the mitigation monies received and contributed by the County as a result of the construction of the Key Largo wastewater treatment plant and the County is In agreement with this proposal. NOW, THEREFORE, this Agreement is intended to outline the terms of the restoration project proposed for Dogny Johnson Key Largo Hammock Botanical State Park and thin Agreement is subject to the following terms and conditions: 1. PERMISSION TO ENTER PROPERTY. DRP as lasses under Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Lease No. 3287 hereby grants the County the non- exclusive permission to enter Dagny Johnson Key Largo Hammock Botanical State Park (the *Property*), for the sole purpose of habitat restoration (the "Project"), from the data of this Agreement through Dumber 31, 2020. This Agreement is personal to the County and may not be assigned or transferred without the prior written consent of DRIP. The Project consists of restoration work as described in the DRP document "North Key Largo Restoration Project• attached as Exhibit A," and as autorbod in the Biological Opinion from the US Fish d Wildlife Service dated May e, 2015, attached as Exhibit "B." DRP understands that all of the restoration work described in the "North Key Largo Restoration Projeor will not necessarily be completed under the Project. DRP and the County agree that the work will proceed in the following order. Port Bouganville site, Nike Radar site, and the Old Roads site. DRP gives the County and Its respective employees, contractors, subcontractors and agents Permission to enter upon the Property to perform and undertake the Project from the date of this Agreement until December 31. 2020. In the event that any dispute arises between the parties or with the County's contractors, both DRP and County agree to attempt to resolve the Issues by meet and confer sessions between representatives of each of the parties. No work shag commence until after sunrise and must be completed by sunset, unless such work is coordinated with and approved by the park manager of Degny Johnson Key Largo Hammock Botanical State Park ("Park Manage" ). DRP and Its duly authorized agents retain the right to enter the Property or to engage in management actknbea not Inconsistent with the use herein provided. 2. PROOF OF LIABILITY INSURANCE, The County's contractors shag provide proof of liability insurance b the Park Manager prior to entering the Property. The liability Insurance shall be in amounts not less than 8200,000 per person and 5300,000 per incident or occurrence for personal Injury, death and property damage. Such policies shall name the State of Florida Deperbnert of Environmental Protection, Division of Recreation and Packs and the Board of Trustees of the Iniarnel Improvement Test Fund of the State of Florida as addwonel insureds. The County, as a political subdivislon of the State of Florida, represents to DRIP that it has purchased sultable Public Liability, Vehids Liability, and Workers' Compensation insurance, or Is SW4nowad, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not Iln*W by Section 768.28, Florlds Statutes, and Chapter 440, Florida Statutes, as well as any and all claims within the limitations of Section 768.28, Florida Statutes, and Chapter 440. Florids Stakrms, arising Out of the activities governed by this Agreement. Apresnent North Key L wW Mh p ftn Prgod 1 3. LIABIj,j>jy. The County shall assist in the investigation of injury or damage claims either for or against DRP or the State of Florida pertaining to the County's respective areas of responsIbW under this Agreement or arising out of the ComWe respective management programs or activities and short contact DRP regarding the legal action deemed appropriate to remedy such damage or claims. Nothing in this Agreement extends the walver of sovereign imatu nity above the statutory limits of Section 768.28, Florida Statutes, for ether party. 4. PAYMENT. No payment of money shall be due to DRP under this Agreement The County shall use some or all of the mitigation ftade, not to exceed the amount of $713,000 to perform or contract for the performance of the Project. There are no third party bernefkdaries of this Agreement Under Section 713.11. Florida Statutes. no Ilan of the County's contractors can attach to the land which Is the subject of the Project. Funding oontemplated under this Agreernert Is subject to annual appropriation by the County. 5. NOTICE. The County or Its contractors shall contact the Park Manager at the below listed addresses prior to commerxlrg any activities at the Property and any and all correspondence shah either be hand delivered or sent via Vied mail, return receipt requested. As to DRP: Office of Park Planning, Mal Station 525 CIO Park Manager Division of Recreation and Parks John Pennskamp Coral Reef State Park/ State of Florida Department of Environmental Protection Dagny Johnson Key Hammock Botanical State Park Tallahassee, Florida 32399 Key Largo, Florida 33037 Adsidlon: Bureau Chief (305) 451-1202 As to the County: Beth Bergh, Lard Steward 2796 Overseas Highway, Suite 400 Marathon, Florida 33050 (306) 289-2511 6. COMPLIANCE WITH LAWS. The County wit comply with all laws, ordinances, and governmental rules and regulations which apply to VA activities on the Property. DRP will obtain all necessary permits and/or authorhations as may be required by the regulatory agencies. 7. TRLE. DRP neither warrants title to the Property nor guarantees the suitability of the Property for any particular use. a. y_)U Venue for any suit or action shall be In Monroe County, Florida. 9. NONDISCRIMINATION. The parties agree that neither party shall violate any federal or State of Flodda distximkistion or equal employmerd opportunity laws. 10. COOPERATION. In the event any administrative or legal proceeding Is trnstkuted against either party relating to the fornadon, execution, performance, or breach of this Agreement, the parties agree to participate, to to extent reasonably required by the other party, In all proceedings, hearings, processes, meetings. and other activities related to the substance of this Agreerrerd or provision of the services under Qds Agreement The parties specifically agree that no party to this Agreement shall be required to enter Into any arbitration proceedings related to this Agreement or any attachment or addendum to this Agreement. 11. COVENANT OF NO INTEREST. This Agreement constitutes permissive use only. ,The County agrees that it does not and shal not dakn at any time any right, tile. Interest or estate of any kind or eo"d whatsoever in the Property by virtue of this Agreement or is occupancy or use hereunder. 12. NO SOLICITATIONMAYMENT. The parties represent that, in rasped to itself, it has neither employed nor retained any company or pasm other than a bons We employes working solely for it, to soldt or secure the Project and that It has not paid or agreed to pay ary person, company, corporation, Individual, or firm, other then a bona We employee working solely for if, any fm, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of the Project. 13. PUBLIC ACCESS TO RECORDS. The parties shall allow and permit members of the public reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. 14. TERMINATION. (a) Either pony may terminate this Agreement for cause in the event the other party falls to abide by the tams hereof. d. attw written notice delivered to the defaulbg party, the detect is not corrected within 30 days. cause by proms thirty Elther party may says written notice trersoff to the am pang. terminate It" Agreernent priorto the commencement ofthe Project WNW Agra wt: Nash Key Largo MosYm Proloot 15. AUTHORTfY. Each of the signors below represents that he has the authorlty to execute this Agreement on behalf of his respective agency or Commission. 16. RESPONSIBILITY FOR MAINTENANCE. Upon completion of the Project by the County and its contractors, DRP shall be responsible for the maiMenertce and management of the Project. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. Witnesses: Wr�less Signahrre Prinled/Typed Name of WMness wltnee acre AQhlw Weouler- Printed/TypW Name of Wilness STATE OF FLORIDA DEPARTMENT OF 7ENVIR0]N E ION, DMSION I Ahl hlef Parks District 5 STATE OF FLORIDA COUNTY OF JW,Q" e O �, 'T The foregoing Instrument was acicrawledged before me this 3 !u dw Of by John Meahl, Chief, Bureau of Perks; District 5, on behalf of the State of Florkle Department or Environmental Protection, Division of Recreation and Parks. He Is personally known to me. MONROE CouNwATTORKY AS TO FORM PETER MORRIS ANWAM A Approved as to form and IegalW.. County Attorney ApraorrNnC North Key Lwgo MNlpatlan Project G it. t:,00 Notary Public, Wile of Florida Print/Type Notary e Commission No: "�^ ""� MAYR:1] oHcy Publicida My Comm. Exp01 B Commtsskxl F.xp.: ::im 90sded Th * M& (Official Seal) North Key Largo Restoration Project Introduction There are three main site locations included in this restoration project: Port Bougainville, the Nike Radar Site, and the North Key Largo Roads (old CR 905 and Card Sound Road). All sites in this project are located within North Key Largo which encompasses the area north of the intersection of US Highway 1 and CR 905. The majority of North Key Largo is currently in public ownership, preserved as conservation land. The US Fish and Wildlife Service's Crocodile Lakes National Wildlife Refuge is located west of CR 905 while the Dagny Johnson Key Largo Hammock Botanical State Park is located east of CR 905. A few private parcels are scattered on either side of CR905. The project sites are located within the Botanical State Park. These areas are dominated by hardwood hammock, salt marsh, and mangrove wetland natural communities, although the majority of the areas to be restored in the project are within hardwood hammock. There are small sections of transitional zone habitat located at both the Port Bougainville site and the Old Roads site. General Project Description The main purpose of this project is to restore the areas to historic natural elevations without disturbing areas that have satisfactorily succeeded to expected natural communities. All building structures will be removed and areas scraped down to a more natural grade to match surrounding natural community structure. All roads, sidewalks, parking areas, and game courts will be broken up and removed. All "clean fill" from the demolition will be sent to either the entrance channel at Port Bougainville or Carysfort Marina both of which are currently under restoration and are permitted to receive clean fill material. `Clean fill' is considered clean lime -rock fill (free of contaminants), concrete rubble (smaller than 4 feet, no rebar protruding no further than 6", no paint or coating not approved by KERF), brick, crushed glass, PVC (chipped to smaller than 6"), clay roof or floor tiles and ceramic floor tiles free of sealants. Other material including wood, metal, asphalt, etc will be removed from the site and disposed of at a permitted waste facility. Y U O o E a` E m O a � o rn O J N � a ` Y d a o J O J C O L � T C fO C U MB 0�Zaco Z Port Bougainville Site Port Bougainville is a parcel that consists of a variety of habitats, including hardwood hammock, mangrove and salt marsh. During the 1970's and early 1980's this property was under construction to develop a large resort. The construction did not make it to completion and was acquired by the State of Florida through the Conservation and Recreational Lands (CARL) Program. Since that time, it has undergone several phases of restoration with the goal to restore the whole area back to the historic natural condition. As shown below previous restoration efforts have included (to name a few) filling in of the boat basin, removal of a large fill pile within the mangroves, removal of several partially built buildings, and filling of a `pit'. All of these areas have been restored back to historical natural elevations and native vegetation planted in areas where needed. This phase of restoration would see the removal of the remaining buildings/structures and fill associated with the initial development. Most of the old roads in the area will also be removed, except for the section located in the current day -use section which will be minimized to twelve feet. The areas will be graded down to match surrounding natural elevations. All demolished materials will be removed from the site daily to minimize the possibility of Key Largo woodrat and Key Largo cotton mice usage. Due to the healthy hardwood hammock lying adjacent to the site, only one site, the Restaurant & Tunnel location, will be planted using native stock grown in the Park's Native Plant Nursery. Natural recruitment will occur quite readily in the other areas. Area Hammock Acres Transitional Zone Acres Tennis court 1.21 - Bathhouse 0.30 - House & associated fill 0.45 - Restaurant & Tunnel 1.30 - Lodge & associated fill 0.62 - Foundation 0.13 - Fill Area 0.15 0.15 Old Roads 2.15 - Total 6.31 0.1 \ k a § � $ - � . � \§ 2 0 ` r E a ; 0 { � f I 22 \ # zi 65 /ƒ [ 0 Gc \ )\k/� Old Roads Site The third site location is the area of North Key Largo encompassing old CR 905 and old Card Sound Road. These sections of road are no longer in use as highways; instead they are used as trails through the restricted `back -country' area of Dagny Johnson Key Largo Hammock Botanical State Park (KL). This phase of the project will include the removal of portions of old CR 905 and old Card Sound Road. The goal will be to reduce the current width to 10 feet, which will still allow vehicular access to the area but minimize the disturbance footprint. Extra roadbed will be removed to create `movement' along the road, which is currently mostly a straight road. The ends of the roadbeds will remain at the current width and slowly tapper in to 10 feet to allow for turn -around locations. Associated fill and asphalt will be removed on a daily basis from site to minimize the possibility of Key Largo woodrat and Key Largo cotton mice usage. Due to the healthy hardwood hammock lying adjacent to the roadbeds, no vegetative plantings will be necessary as recruitment will happen naturally. Upon completion, approximately 4.86 acres of hammock and 0.49 acres of transitional zone habitat will be restored. Length Width Area Road Remaining Restored Site (ft) (ft) (s(tft) (Length x 10ft) (soft) Old Card Sound Road Section A Hammock 6.380 25 159,500 63,800 95,700 Section B Hammock 3.943 20 78,860 39,430 39,430 Section C Hammock 3,276 23 75,348 32,760 42,588 Transitional Zone 20 23 460 200 260 Old CR 905 Hammock 2,268 25 56,700 22,680 34.020 Transitional Zone 1,415 25 35,375 14,150 21,225 Totals Hammock 15,867 370,408 158,670 211,738 Transitional Zone 1,435 35,835 14,350 21,485 o E a` E c S 0 �0a CD 3 m J xa Y o L 4) `0 L C C Q CC C;)�p Z Jd�ZC]m Nike Radar Site The Nike Radar Site is a parcel of land located just south of the three way intersection of CR 905 and Card Sound Road. It contains the remnants of a Nike Radar military facility which was fully operational between June 1965 and June 1979. The State of Florida acquired the property in June of 1987. Since that time no restoration has occurred besides treating for non-native plant species. All radar towers will remain in place to mark the area's historical significance in North Key Largo. The goal of this phase will be to remove all building structures, walkways. parking lot, basketball court, etc. The access road will be minimized to a 10 foot width. All associated fill will also be removed and the area graded down to match surrounding natural elevations. All demolished materials will be removed from the site daily to minimize the possibility of Key Largo woodrat and Key Largo cotton mice usage. Due to the adjacent healthy hardwood hammock lying adjacent to the site, no vegetative plantings will be necessary as recruitment will happen naturally. The Florida Park Service recognizes the historic nature of this site and will be conducting a full Historical Evaluation Survey in accordance with the Florida Department of State's Division of Historical Resources. All wastewater treatment structures will be evaluated and removed in accordance with Monroe County Health Department regulations. Asbestos is a known component of at least one of the structures on this site so all requirements regarding this substance will be followed when evaluating and removing. Area Hammock Acres Wastewater Treatment Building 0.03 Basketball Court 0.18 Medical Building 0.01 Liquid supply structures 0.05 Barracks 0.47 Guard House 0.01 Radar Towers 0.03 Garage/Workshop 0.06 Power buildings 0.10 Area Hammock Acres Access road/parking lot 0.91 Walkways/helipad 0.44 Total 2.29 Summary In total the proposed restoration project will restore approximately 13.46 acres of hardwood hammock and 0.64 acres of transitional zone habitats. Permitting Conditions The following agencies may require permit authorization of the proposed restoration project: US Fish and Wildlife Service, South Florida Water Management District, US Army Corps of Engineers, DEP Regulatory, Monroe County, NOAA Florida Keys National Marine Sanctuary, Monroe County Department of Health, and Department of State — Historic Resources. Contractor Considerations The selected Contractor will be supplied with a detailed scope of work and copies of all permits. Additionally, State Park personnel will conduct a pre -construction meeting with the Contractor to review all permit conditions and to discuss site considerations. Park personnel will provide project oversight throughout the entire project. Site Access Port Bougainville site: Access will be available via a dirt road located on the ocean side of CR 905 at power pole 240. Vegetation along the access road will be trimmed by Park staff to allow one -lane transit. Old Road site: Access will be available via dirt/paved road on the ocean side of CR 905 at power pole 90. Vegetation along the access road will be trimmed by Park staff to allow one -lane transit. Nike Radar Site: Access will be available via dirt/paved road on the ocean side of CR 905 at power pole 90. Vegetation along the access road will be trimmed by Park staff to allow one -lane transit. Listed Species Considerations Key Largo Woodrat The Key Largo woodrat (Neotoma . loridana smalli) is a federally endangered species that is found within North Key Largo hammocks. According to the USFWS Multi -species Recovery Plan for South Florida, the remaining hardwood hammock habitats are critical for the survival of the Key Largo woodrat. The Plan also states that habitat restoration is a priority action necessary to protect and conserve the remaining woodrat population. In consideration of the potential for woodrat occurrence at the project sites, a presence/absence trapping event will occur at all project areas in accordance with USFWS trapping protocals (Appendix 1). Project guidelines may be modified for those areas where woodrats are found. Post construction Monitoring and Success Criteria Once final elevations are achieved, the restoration area will be permanently delineated with comer markers and the boundary will be identified using GPS. This site will be monitored using photo points established prior to construction. Additionally, the site will be periodically monitored by Park personnel for the presence of invasive exotic vegetation. Appendix 1: USFWS Trapping Protocols Appendix 2: List of property locations. Appendix 1 U.S. FISH AND WILDLIFE SERVICE TRAPPING PROTOCOL TO DETERMINE PRESENCE OF THE KEY LARGO WOODRAT (Neotomq ffondana small:) AND THE KEY LARGO COTTON MOUSE Weromyscus gossypinus allapaticola) 5/9n005 This protocol is to be used when trapping to determine presence/absence of the Key Largo woodrat (KLWR) and Key Largo cotton mouse (KLCM) in a given area. 1. Individuals conducting the trapping should have a permit and previous experience in live trapping small mammals (or be trained by an experienced person). They must also be able to identify any species that may be captured during the trapping event. 2. Surveys should include all potential KLWR/KLCM habitats within the area and. if landowner permission can be obtained, adjacent lands with potential KLWR/KLCM habitat. 3. Trapping should be conducted over the entire project area using a grid system of Sherman live4raps spaced at 10-15 meter intervals. 4. Traps should be set for four consecutive nights per trapping season or until an individual of each species is caught. Unexpected drops in temperature may cause a disruption in consecutive trapping nights. 5. Trapping will not be conducted when nighttime temperatures are forecast to be <W F. If temperatures are forecast to be in the mid to low 60's, cotton balls (4-5) will be placed in the trap along with the bait. 6. Bait should consist of crimped oats and any combination of the following ingredients: peanut butter, grapes, apples and/or sunflower seeds. 7. In areas where fire ants are present, 10% Carbaryl (Sevin) dust will be placed immediately under the traps so that KLWRs/KLCM will not come in immediate contact with it. Other approved methods will be considered. 8. Traps should be checked and all KLWRs/KLCM released no later than 3 hours after official sunrise. 8. Upon capture of a KLWR or KLCM, authorized personnel identified by the Service will be contacted immediately. Hobgood.5.2005 9. All captured individuals shall be handled for as briefly as possible in a humane manner during the time it takes to tag, examine, identify, and collect necessary biological samples. OPTIONAL: All KLWRs captured in the wild will have blood samples taken by authorized personnel for genetic analysis. PTr (passive -induced transponder) tags in conjunction with ear tags will be used for individual woodrat identification and such identification will be applied by authorized personnel. All KLWR&XWM shall be released at their point of capture, if possible. 10. Any black rats (Ranns rartus) captured during woodrat trapping will be euthanized humanely. If raccoons are disturbing traps (determined by missing bait or closed traps), the Service will be contacted and an appropriate method for minimizing trap disturbance will be implemented. If raccoon trapping is deemed necessary, the raccoons will be trapped using appropriately sized traps (e.g. Tomahawk). Domestic cats are to be released on the perimeter of the study area near residences and any feral cats captured in the traps will be brought to the local animal shelter. 11. Presence of KLWRs/KLCM can be documented in a single trapping period. To determine absence, traps shall be operated seasonally (fall, winter, spring, summer) for two years. 12. Site description and trapping data should be recorded. Site description should include GPS location and property Real Estate number, habitat on the project area and adjacent lands, and trapping design relative to habitat distribution. Daily trapping data should include number of KLWRs/KLCM trapped per day, non -target species, and lost or mussing traps. Complete and verified data will be delivered via CD-ROM (preferred) and/or by software compressed (zipped) file. All digital and hardeopy information that is part of the project must be included in the final report (i.e. GIS data, reports, metadata, photos, and other supporting materials). Sex, age, and reproductive status of Key Largo cotton mice will also be reported. All trapping information should be submitted to the following offices: Winston Hobgood U.S. Fish and Wildlife Service 1339 2& Street Vero Beach, Florida 32960 Jeffery A. Gore, Ph.D. Fish and Wildlife Research Institute Florida Fish and Wildlife Conservation Commission 3911 Highway 2321 Panama City, Florida 32409 USA Pat Wells Pennekamp State Park 2 Hobgood 2005 P.O. Box 487 Key Largo, FL 33037 Ernest M. Cowan Florida Park Service 13798 S.E. Federal Highway Hobe Sound, FL 33455 Steve Klett Crocodile Lake National Wildlife Refuge P.O. Box 370 Key Largo, FL 33037 Cindy Schulz U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 2& Street Vero Beach, FL 32960-3559 3 Hobgood.5.2005 Appendix 2 North Key Largo Restoration Project Property Locations Section Township Range I A tern■tiw Key Parcel 0 13 59 NJ 40 El 1087254 00060180.000000 13 59 NJ 40 E1 1067262 00080190.000000 24 59 NJ 40 El 1087921 00060740-000000 24 59 N 40 El 8776730 00080750-000100 241 59 N 40 El 1087947 00080760-000000 441 59 N 40 El 1087815 24 59 N 40 El 8640005 00080640-CDOIW 24 59 N 40 E1 W40731 00000670-00010O 24 59 N1 40 El 1087742 24 59 NJ 40 El 1087751 24 59 NJ 40 El 1067SM100060660400000 24 59 NJ 40 El 1087881 00090680-000100 24 59 NJ 40 El 087769 00080660-000000 24 59 N 40 El 1087955 15 59 N 40 El 1007971 00090790-000000 251 59 N 40 E 1087998 00080810.000000 25 59 N 40 1088005 26 59 NI 40 E 1088048100000840-000000 26 59 NJ 40 E IOWM100080860-000000 40 31 NJ 60 E ON7403 00563133-000100 Street Acidness Road or other location: CR 905, North Es►ibit "6" United States Department of the interior" FISH AND WUMUFBSERVIQ Sows Florida PzoI�1n1 Serlae l)►Bee ► 34 U Vao Book Florida 32ra0 May 1.2015 Peal Rim Fbdds Depadseam of Emvbazn d Pnrtrdm John Ptmekmp Cad Reef Stye Pads Pnt OJBra Box 497 KOY L+CIN Pbdd1 33037 Srrviee CPA Cods 41420-2D11-CPA-0200 Service CommW" Code: 41420.2011-F-0163 SWOON ROWdladom Code: 41420.201 l-F-0l63-RI Dm Rocoivm& Novrmbw 22. 2013 COOmdudm RaW"m Pstdtye Csmphm July 3t. 2014 AppUcamm Jda Pamelamp Carol Reef Shea Perk C.oroUr moum Dow I& Riot This docuaot MmdtB dw U.S. Fob nod Wiidli6t Sravioe'r (Sovios) Blob" OpW= b Florida DgWbmem of Emvhemmeld pmuedam (DM far the lovisedNadb, FAy L W mymmdm pro]act bard in log, ComWY. 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The Cmd1 waee trlttbdirsd b hlmrme Cotaty s1 ootrtplmotbm MMMO6 Sam the Soviea's MhWift of the eom mmdm 1md apmd m ofdn Kay Lots Waatswater Ttatmteoc Phut (Biolo" 0*1= [41420-2W0-T-0736] [Sarvbe 2oolI Talrical Asditkmm (TA] 141420 M&PM1604] [Ssrviso 2006D• Aammdbs6 to the to of the Savioe's Ocbbsr 2006 TA kaalo the Key Lap Wom mrr TMOMM, Dilmict, the Sarvko yeeed tbs Amds may be oud 000pemdnly WM the DP.P to remme UOPbd bWdwood bmooab On the Wad of Kay Larto, Tbc bblo*W opmiom far the WWW North Key Lop Se e, A*4c6mcnt A jv +ki s KF P for -this JOCI&MeMt North Key Largo Hammock Restoration Project Nike Missile Base ■ Old Roads ■ Port Bougainville For Florida Department of Environmental Protection Florida Parks Service Design and Specifications March 2012 B099y Key N W,anFTx � OLD ROADS o North Key Largo NIKI RADAR SITE ` r - PORT BOGAINVILLE fop`' 3• INNorth Key Largo Hammock Restoration Project WADETRIM Old Roads — Port Bougainville — Nike Missile Base TABLE OF CONTENTS TABLEOF CONTENTS......................................................................................................................... i FIGURES, TABLES, AND EXHIBITS ..................... •ii EXECUTIVESUMMARY...................................................................................................................... IV CONTACTS........................................................................................................................................... V 1.0 INTRODUCTION........................................................................................................................ 1 1.1 Project Location...................................................................................................................... 1 1.2 General Project Description.................................................................................................... 1 1.3 Survey Mapping..................................................................................................................... 1 1.4 Permitting............................................................................................................................... 1 2.0 OLD ROADS........................................................................................................................... 3 2.1 Introduction............................................................................................................................ 3 2.2 Demolition Plan...................................................................................................................... 3 2.3 Detailed Project Description................................................................................................... 3 2.4 Special Conditions.................................................................................................................. 4 2.4.1 Mobilization.....................................................................................................................4 2.4.2 Saw Cutting of Existing Pavement.................................................................................. 4 2.4.3 Remove Asphalt Pavement............................................................................................. 4 2.4.4 Remove Lime Rock Base............................................................................................... 4 2.4.5 Clean Fill......................................................................................................................... 4 2.5 Quantities...................................................................................................................... 4 3.0 PORT BOUGAINVILLE............................................................................................................. 6 3.1 Introduction............................................................................................................................ 6 3.2 Demolition Plan...................................................................................................................... 6 3.3 Detailed Project Description................................................................................................... 6 3.4 Special Conditions.................................................................................................................. 8 3.4.1 Mobilization.....................................................................................................................8 3.4.2 Remove Tennis Courts................................................................................................... 8 3.4.3 Remove Bath House....................................................................................................... 8 3.4.4 Remove Restaurant and Tunnel..................................................................................... 8 3.4.5 Remove Lodge............................................................................................................... 8 3.4.6 Remove Fill at Lodge...................................................................................................... 8 3.4.7 Remove Fill Areas ...... 9 3.4.8 Clean Fill......................................................................................................................... 9 3.4.9 Saw Cut Existing Pavement............................................................................................ 9 3.4.10 Remove Asphalt Pavement............................................................................................. 9 3.4.11 Remove Lime Rock Base............................................................................................... 9 3.4.12 Remove Old House........................................................................................................ 9 3.5 Quantities.............................................................................................................................10 4.0 NIKE RADAR SITE.................................................................................................................. 11 4.1 Introduction.......................................................................................................................... 11 4.2 Demolition Plan.................................................................................................................... 11 4.3 Detailed Project Description................................................................................................. 11 4.4 Special Conditions................................................................................................................ 14 4.4.1 Mobilization...................................................................................................................14 4.4.2 Remove Power Buildings.............................................................................................. 14 4.4.3 Remove Garage........................................................................................................... 14 WADETRIM North Key Largo Hammock Restoration Project Old Roads - Port Bougainville - Nike Missile Base 4.4.4 Remove Wastewater Treatment Plant.......................................................................... 14 4.4.5 Remove Liquid Supply Structure................................................................................... 14 4.4.6 Remove Medical Building............................................................................................. 15 4.4.7 Remove Helipad........................................................................................................... 15 4.4.8 Clean Fill....................................................................................................................... 15 4.4.9 Remove Basketball Court ............................................................................................. 15 4.4.10 Remove Barracks......................................................................................................... 15 4.4.11 Remove Guard House.................................................................................................. 15 4.4.12 Remove Parking Lot..................................................................................................... 15 4.4.13 Remove Access Road and Paved Surfaces.................................................................. 16 4.5 Quantities............................................................................................................................. 16 WADETRIM North Key Largo Hammock Restoration Project Old Roads - Port Bougainville - Nike Missile Base FIGURES, TABLES, AND EXHIBITS FIGURES Figure 0-2. Abandoned Tunnel at Port Bougainville.............................................................................. iv Figure 0-1. 1965 Installation at Nike Radar Site.................................................................................... iv Figure3-1. Old Roads System.............................................................................................................. 3 Figure4-1. Port Bougainville Site.......................................................................................................... 6 Figure5-1. Niki Missile Base............................................................................................................... 11 TABLES Table3-1. Old Road Quantities............................................................................................................. 5 Table 4-1. Port Bougainville Quantities............................................................................................... 10 Table 5-1. Nike Missile Base Quantities.............................................................................................. 16 APPENDICES Exhibit A. - O� f�" ExhibitB. - giotoIiCo.l 0Ai0-v - See- A1+ackvY,e-wt A FP Exhibit C. - 0 r c�i v\ at P ro j cles �& {, o n - See_ "' Exhibit D. - Att-" w►e At +-W-5 s�-"JUA Spe��► ors - N�� a.tt, ,J' RFC INNorth Key Largo Hammock Restoration Project WADETIUM Old Roads - Port Bougainville - Nike Missile Base EXECUTIVE SUMMARY Florida and the Florida Keys are the home to some unique flora and fauna. Decades of development in sensitive areas have destroyed or altered natural habitat. Abandoned buildings and aging infrastructure has created accidental habitation for invasive species. In an effort to advance native species and protect their habitat the Florida Department of Environmental Protection with the Florida Parks Service has embarked on a Hammock Restoration program in the Florida Keys where they have acquired land ownership. North Key Largo Restoration Project is one such project. Three specific sites that have scared the surface, destroyed habitat and changed the environment in sensitive Hardwood Hammock forest. The Dagny Johnson Key Largo Hammock Botanical State Park contains the three locations targeted for restoration. In preparation for this document the Environmental Opinion was studied and applicable precautions and guidelines were implemented. This document is prepared as a design guideline as well as providing specifications and bid documents. The format for this document was streamlined with the Florida Parks Service to assure we meet the expectations and requirements of our obligations. Figure 0-1. 1965 Installation at Figure 0-2. Abandoned Nike Radar Site HTunnel at Port Bougainville r\ev YqCE•S : TATF OF . AN VVALEN�'� •` FDE2002.01L iv March 2012 INNorth Key Largo Hammock Restoration Project WADETRIM Old Roads - Port Bougainville - Nike Missile Base CONTACTS Enalneer WadeTrim 98310 Overseas Highway Key Largo, FL 33037 Jeff Gilbert, P.E. Phone (305) 852-4343 Fax (305) 853-5124 Owner Florida Parks Service John Pennekamp Coral Reef State Park Susan Sprunt 102601 Overseas Highway Key Largo, FL 33037 (305) 461-1513 FDE2002.01 L v March 2012 North Key Largo Hammock Restoration Project IN WADETRim Old Roads — Port Bougainville — Nike Missile Base 1.0 INTRODUCTION 1.1 Project Location North Key Largo Hammock Restoration Project consists of 3 devisable locations. These specifically are "Old Roads", "Port Bougainville" and "Nike Radar Site". All located east of Card Sound Road. All 3 sites in this project are located within North Key Largo which encompasses the area north of the US 1 split to the west. The majority of North Key Largo is currently in public ownership, preserved as a conservation land. The US Fish and Wildlife Service's Crocodile Lakes National Wildlife Refuge is located west of CR 905 while the Dagny Johnson Key Largo Hammock Botanical State Park is located east of CR 905. The project sites are located within the Dagny Johnson Key Largo Botanical State Park. These areas dominated by hardwood hammock, salt marsh and mangrove wetland natural communities, although the majority of the areas to be restored in the project are within hardwood hammock. There are small sections of the transitional zone habitat located at both the Port Bougainville site and Old Roads site. 1.2 General Project Description The main purpose of this project is to restore the areas to historic natural elevations without disturbing areas that have satisfactorily succeeded to expected natural communities. All building structures will be removed and areas scraped down to a more natural grade to match the natural community structure. Because the natural areas are adjacent to the project areas accomplishing nature grade will be easily discernible. All roads, sidewalks, parking areas, and game courts will be broken up and removed as noted on plans. All "clean fill" from the demolition and excavation will be sent to either the entrance channel at Port Bougainville or Carysfort Marina by the direction of the Parks Service. Both of these fill sites are under restoration and permitted to receive clean fill material. See Special Conditions for clean fill specs. All other materials not designated Clean Fill shall be removed from the site and disposed of at a permitted waste facility. 1.3 Survey Mapping Site survey was completed January 2012. Where topographic elevations are provided, bid items generally will be volume quantities. Florida Minimum Technical Standards for Land Surveys, horizontal being per rural (linear) standards, 1' in 5,000' and vertical being 0.1'. 1.4 Permitting Florida Parks Service shall acquire all necessary permits. FDEP has issued the Biological Opinion (BO) for this project. The BO is Exhibit B in the Reference section at the end of this document. The following agencies have administrative and permitting authority over this project: • South Florida Water Management District (SFWMD) • Florida Department of Environmental Protection (FDEP) FDE2002.01 L 1 March 2012 [a • US Fish and Wild Life • Army Corps of Engineers • Monroe County • NOAA Florida National Marine Sanctuary • Monroe County Health Department • Department of State - Historical Resources North Key Largo Hammock Restoration Project Old Roads - Port Bougainville - Nike Missile Base FDE2002.09L 2 March 20 22 North Key Largo Hammock Restoration Project I� WADETRiM Old Roads - Port Bougainville - Nike Missile Base 2.0 OLD ROADS 2.1 Introduction Old Roads is an existing road system within the park. The qualifying roads are as showed in Figure 2- 1. They are weathered asphalt of various width and thickness. The base is built up lime rock of varying thickness. The purpose of this restoration is to reduce the width to a standard 10' from the existing 12' to 26' in order to allow nature to close in satisfying the requirements of the Environmental Opinion. Figure 2-1. Old Roads System 2.2 Demolition Plan Demolition Plans are provided to scale. Contractor shall use these plans for direction and understanding the project scope in the most detailed aspect. Quantities are based on these plans. 2.3 Detailed Project Description Old Roads is divided into 4 legs and labeled on the plans as North Leg, South Leg, East Leg and West Leg. Pavement is to be saw -cut providing for a clean edge. Parks personnel may alter the alignment based on field observations. Base material is varied in depth. Once pavement is removed, a 1 foot shoulder of base material shall remain adjacent to the new edge to prevent undermining of the base under the pavement. See typical cross sections on plan sheet C-3.19. FDE2002.01 L 3 March 2012 North Key Largo Hammock Restoration Project IN WADETRIM Old Roads — Port Bougainville — Nike Missile Base 2.4 Special Conditions 2.4.1 Mobilization Mobilization is paid for by Lump Sum. 50% can be paid with first invoice, 50% upon completion of the project. Additions and Deducts are not allowed for this item. 2.4.2 Saw Cutting of Existing Pavement Payment for Saw Cutting of Existing Pavement shall be by Linear Foot. Asphalt must be cut full depth before removal when adjacent pavement is to remain. Contractor shall use a mechanical pavement saw capable of wet cutting to reduce dust. Cutting may be required on two sides of pavement. Measurement shall be field measured in linear feet. 2.4.3 Remove Asphalt Pavement Payment for Remove Asphalt Pavement shall be a Square Yard pay item. Remove Asphalt Pavement shall include loading and hauling off -site the asphalt. Contractor shall NOT be allowed to drive 6 wheel dump trucks on the existing paved surface. Excavator shall be limited to Rubber tired skid steer type equipment or other equipment approved by the engineer. Measurement shall be by field measurement in square yards. 2.4.4 Remove Lime Rock Base Payment for Lime Rock Base Removal shall be a Ton pay item. Remove Lime Rock Base Pavement shall include loading and hauling off -site the lime rock base. Rock base is defined as contaminated base material not to be used as CLEAN FILL. Contractor shall NOT be allowed to drive 6 wheel dump trucks on the 10' finished paved surface. Contractor must keep trucks on the full width pavement while demolition of the asphalt. Excavator shall be limited to Rubber tired skid steer type equipment or other equipment approved by the engineer. Measurement shall be determined by load tickets from disposal site in tons. 2.4.5 Clean Fill Payment for Clean Fill shall be per 6 Wheel Truck Load. Clean fill as defined in the General Specifications includes Lime Rock Base material. If Lime Rock Base material is used as clean fill on site, it is paid for per 6 wheel truck load hauled. If disposed of, Lime Rock Base Removal shall be paid for as Lime Rock Base Removal. Measurement shall be per truck load relocated on site. 2.5 Quantities Quantity estimates shown are for bidding purposes only. Actual quantities for payment shall be based on field measurements or qualified load tickets from a qualified disposal site. See Specifications for density of related pay items. FDE2002.01 L 4 March 2012 INWHET North Key Largo Hammock Restoration Project Old Roads — Port Bougainville — Nike Missile Base Table 2.1 _ Old Rn.%d Qm ianflfiaa 1 ,)(JANT4TY i Mobili ina 1 UNIT L.S. 2 Saw Cut Existing Pavement 17,582 L.F. 3 Remove Asphalt Pavement 20,774 S.Y. 4 Remove Lime Rock Base 1,168 TON 5 Clean Fill (Carysfort Site 520 Load DE2002.01 L 5 March 2012 North Key Largo Hammock Restoration Project WADETRIM Old Roads - Port Bougainville - Nike Missile Base 3.0 PORT BOUGAINVILLE 3.1 Introduction Port Bougainville is a collection of scattered entities once a developing resort project that was never completed but abandoned. It includes wood structures, concrete structures, asphalt surfaces, concrete structures, fill areas and excavated areas. There is a road system that will be altered and portions demolished. Figure 3-1 provides an aerial view of the site and points out the vast scope of this project. Figure 3-1. Port Bougainville Site 3.2 Demolition Plan Demolition Plans are provided to scale. Contractor shall use these plans for direction and understanding the project scope in the most detailed aspect. Quantities are based on these plans. 3.3 Detailed Project Description Port Bougainville has 8 specific demolition sites. 1. Tennis Courts 2. Bath House 3. Restaurant and Tunnel 4. Lodge and Associated Fill 5. Foundations 6. Fill Area FDE2002.01 L 6 March 2012 North Key Largo Hammock Restoration Project I� WADETRiM Old Roads - Port Bougainville - Nike Missile Base 7. Old Roads/Parking Lot 8. Old House The Tennis Courts are made up of a built up site and deteriorating asphalt surface. Removal of the fill and asphalt is required. The Bath house is an old concrete block structure that shall be removed in total. Restaurant and Tunnel is a huge concrete structure. The old restaurant building sits on the tunnel structure. The entire concrete structure and surrounding appurtenances shall be removed. Because this structure is so complex and large it will be a Lump Sum pay item. Bidders shall be given the opportunity to evaluate the structure before bidding on the project. Shown is the tunnel structure, a large concrete tunnel of which the base is at natural grade and the top of the structure is elevated with fill around both sides. There is nearly collapsed restaurant building on top of the structure. The Lodge and associated fill encompasses a fill site that is largely grown over with natural vegetation on unnatural elevation to the surrounding hammock. The building is a major wood structure with solid sawn cypress beams and columns. Bidders shall determine a value of these cypress members and submit with the bid documents. The State of Florida can take possession of these timbers but cannot sell or auction them off. The Florida Parks Service and FDEP shall determine if the awarded contractor shall keep them and deduct the estimated values from the final contract balance. Foundations are found in a heavily forested area spread out for 100 feet. The foundation is a series 12 piers emerging approximately 2 to 3 feet above natural grade and two slabs. Fill area shown on the survey are odd mounds spoil material left during the construction of the old Port Bougainville development. The material is identified as natural coral rock from the excavation to create the adjacent lake. This material may qualify as clean fill on site. Florida Parks Service shall verify material once excavation begins to allow it to be used as clean fill. Old Roads are identified. Old Roads in the Port Bougainville site shall be narrowed from the existing width to 12' maximum. At the divided boulevard area near the entrance of the park the west bound lane FDE2002.01 L 7 March 2012 North Key Largo Hammock Restoration Project IN WADETRIM Old Roads — Port Bougainville — Nike Missile Base shall be completely removed. The asphalt parking lot near the tunnel shall be removed as asphalt surfaces. The Old House structure is identified as a wood structure with a concrete foundation. Both the structure and the foundation shall be removed and the site grade leveled out to match existing adjacent grades. 3.4 Special Conditions 3.4.1 Mobilization Mobilization is paid for by Lump Sum. 50% can be paid with first invoice, 50% upon completion of the project. Additions and Deducts are not allowed for this item. 3.4.2 Remove Tennis Courts Asphalt Payment for Remove Tennis Courts shall be by square yard. See Standard Specifications for removal. Base material shall be measured and paid under clean fill quantities. Measurement shall be field measured. 3.4.3 Remove Bath House Remove Bath House: Payment for Remove Bath House shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 3.4.4 Remove Restaurant and Tunnel Payment for Remove Restaurant and Tunnel shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 3.4.5 Remove Lodge Payment for Remove Lodge shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 3.4.6 Remove Fill at Lodge Payment for Remove Fill at Lodge shall be by C.Y. Contractor shall be allowed to use 6 wheel dump trucks and large excavators to remove fill. Clean Fill may be claimed if Owner approves it. See Clean Fill Pay Item. Measurement shall be per quantity provided less clean fill removal. If clean fill is claimed contractor shall deduct contract amount by volume of total truck loads of clean fill claimed and relocated on site. FDE2002.01 L 8 March 2012 North Key Largo Hammock Restoration Project IN WADETRIM Old Roads - Port Bougainville - Nike Missile Base 3.4.7 Remove Fill Areas Payment for Remove Fill Areas shall be by C.Y. Contractor shall be allowed to use 6 wheel dump trucks and large excavators to remove fill. Clean Fill may be claimed if Owner approves it. See Clean Fill Pay Item. Measurement shall be per quantity provided less clean fill removal. If clean fill is claimed contractor shall deduct contract amount by volume of total truck loads of clean fill claimed and relocated on site. 3.4.8 Clean Fill Payment for Clean Fill shall be per 6 Wheel Truck Load. Clean fill as defined in the General Specifications includes Lime Rock Base material. If Lime Rock Base material is used as clean fill on site, it is paid for per 6 wheel truck load hauled. Otherwise if disposed of, Lime Rock Base Removal shall be paid for as Lime Rock Base Removal. Measurement shall be per truck load relocated on site. 3.4.9 Saw Cut Existing Pavement Payment for Saw cut Existing Pavement is by Linear Foot. Asphalt must be cut full depth before removal when adjacent pavement is to remain. Contractor shall use a mechanical pavement saw capable of wet cutting to reduce dust. Cutting may be required on two sides of pavement. Parks Service or Engineer will provide field layout. Measurement shall be field measured in linear feet. 3.4.10 Remove Asphalt Pavement Payment for Remove Asphalt Pavement shall be a Square Yard pay item. Remove Asphalt Pavement shall include loading and hauling off -site the asphalt. Contractor shall be allowed to drive 6 wheel dump trucks on the existing paved surface. Excavator shall be limited to Rubber tired skid steer type equipment or other equipment approved by the engineer. Measurement shall be by field measurement in square yards. 3.4.11 Remove Lime Rock Base Payment for Lime Rock Base Removal shall be a Ton pay item. Remove Asphalt Pavement shall include loading and hauling off -site the lime rock base. Contractor shall be allowed to drive 6 wheel dump trucks on the existing paved surface. Excavator shall be limited to Rubber tired skid steer type equipment or other equipment approved by the engineer. Measurement shall be determined by load tickets from disposal site in tons. 3.4.1 Z Remove Old House Payment for Remove Old House shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. FDE2002.01 L 9 March 2012 North Key Largo Hammock Restoration Project IN WADETRIM Old Roads — Port Bougainville — Nike Missile Base 3.5 Quantities Quantity estimates shown are for bidding purposes only. Actual quantities for payment shall be based on field measurements or qualified load tickets from a qualified disposal site. See Specifications for density of related pay items. Table 3-1. Port Bougainville Quantities 1 Mobilizing 1 L.S. 2 Remove Tennis Courts 150 S.Y. 3 Remove Bath House 1 L.S. 4 Remove Restaurant and Tunnel 1 L.S. 5 Remove Lode 1 L.S. 6 Remove Fill at Lode 4,526 C.Y. 7 Remove Foundations 370 S.Y. 8 Remove Fill Areas 1,170 C.Y. 9 Clean Fill Port Bougainville site 218 Load 10 Saw Cut Asphalt Pavement 2,800 L.F. 11 Remove Asphalt Pavement 5,556 S.Y. 12 Remove Lime Rock Base 320 TON 13 Remove Old House 1 L.S. 14 Value of Cypress Timbers 1 L.S. FDE2002.01 L 10 March 2012 North Key Largo Hammock Restoration Project WADETRIM Old Roads — Port Bougainville — Nike Missile Base 4.0 NIKE RADAR SITE 4.1 Introduction The Nike Site is an abandoned Nike Missile Base (Battery B). It is not known exactly when it was built, but Battery B was relocated from Homestead to Key Largo in 1965. The site includes several buildings, paved surfaces, a waste water package plant and other small miscellaneous structures. There are 4 radar towers in the complex. These radar towers are NOT to be removed. They are to be preserved. Figure 4-1 provides an aerial view of the site and points out the vast scope of this project. Figure 4-1. Nike Missile Base Although many of the structures are difficult to see in the recent aerial, the survey shows all features. Also not labeled are the other miscellaneous asphalt surfaces to be removed. As shown on the Demolition Plan. 4.2 Demolition Plan Demolition Plans are provided to scale. Contractor shall use these plans for direction and understanding the project scope in the most detailed aspect. Quantities are based on these plans. 4.3 Detailed Project Description Nike Radar site has 8 specific demolition sites. 1. Power Buildings 2. Garage 3. Wastewater Treatment Plant (WWTP) 4. Liquid Supply Structure FDE2002.01L 11 March 20 22 North Key Largo Hammock Restoration Project IN WADETRIM Old Roads — Port Bougainville — Nike Missile Base 5. Medical Building 6. Helipad 7. Basketball Court 8. Barracks 9. Guard House 10. Parking Lot 11. Access Road and paved surfaces The following are photographs from the Nike Missile site taken in December 2011. Power Building are two large structures housing power and transformer equipment. These items are LUMP SUM bid items including removal of all existing equipment. Foundations shall be removed and site leveled to existing adjacent grades. One structure pictured above is a concrete block structure. The second power building is a metal building pictured right. The Garage is a smaller concrete block structure also a LUMP SUM item includes removal of the foundation and leveling to existing adjacent grades. The Waste Water Treatment Plant is a small package plant. This WWTP will not require an abandonment permit from FDEP. The plant shall be disassembled and removed. Liquid Supply structure is a small free standing structure used to store chemicals and paints. Some old containers are still in the structure. These must be removed and determined if they are HazMat FDE2002.01 L 12 March 2012 INNorth Key Largo Hammock Restoration Project WADETRIM Old Roads — Port Bougainville — Nike Missile Base materials. HazMat materials must be handled and permitted in accordance with State and Federal regulations. The Medical Building is near the barracks and is a small wood structure as shown. The Helipad is an old eroded asphalt surface of unknown thickness. This is a square yard pay item. The Basketball court is a simple asphalt surface with very little fill material. This will be a square yard removal item. The barracks is the largest of the structures on the Nike Radar site. As shown on the survey it is a long slender building with short wings on either ends. The structure is concrete block. Mostly at a natural grade this entity is a LUMP SUM pay item. This entity includes removal of the foundation. Pictured right is an interior corridor representation. As shown the interior walls are also concrete block. The interior of the building contains many mechanical, plumbing and electrical appurtenances that will have to be examined for volatile fluids and or gases. Asbestos and lead paint testing shall be by others determined by the Florida Parks Service. The Guard house is located at the end of the parking lot before entry on to the Old Roads. It is a small, wood structure at natural grade. Access Road and other paved surfaces are throughout the development site. As labeled on the Demolition Plans. These thin asphalt and concrete surface shall be removed to natural grade. This item is a square yard pay item. FDE2002.01 L 13 March 2012 North Key Largo Hammock Restoration Project WADETRIM Old Roads - Port Bougainville - Nike Missile Base The parking lot is a large rectangular paved surface. The condition of the surface can be seen in the photograph to the left. Other walkways and paved surfaces are shown on the topographic survey. There are many paved paths walk ways and of various thickness and condition. Although there are many variables from surface to surface, all paved surfaces are included in the Paved Surface pay item. 4.4 Special Conditions 4.4.1 Mobilization Mobilization is paid for by Lump Sum. 50% can be paid with first invoice, 50% upon completion of the project. Additions and Deducts are not allowed for this item. 4.4.2 Remove Power Buildings Payment for Remove Power Buildings shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 4.4.3 Remove Garage Payment for Remove Garage shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 4.4.4 Remove Wastewater Treatment Plant Payment for Remove Waste Water Treatment Plant shall be by Lump Sum. This entity shall net require special FDEP permits. See Standard Specifications for removal. Measurement shall be field measured. 4.4.5 Remove Liquid Supply Structure Payment for Remove Liquid Supply Structure shall be by Lump Sum. Any chemical containers found shall be removed and tested for environmentally hazardous materials. Florida Parks Service shall be responsible for proper treatment and disposal of these items. See Standard Specifications for removal. Measurement shall be field measured. FDE2002.01 L 14 March 2012 North Key Largo Hammock Restoration Project is WADETRIM Old Roads — Port Bougainville — Nike Missile Base 4.4.6 Remove Medical Building Payment for Remove Medical Building shall be Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 4.4.7 Remove Helipad Payment for Remove Helipad shall be by S.Y. Contractor shall be allowed to use 6 wheel dump trucks and large excavators to remove asphalt. Measurement shall be field measured. 4.4.8 Clean Fill Payment for Clean Fill shall be per 6 Wheel Truck Load. Clean fill as defined in the General Specifications includes Lime Rock Base material. If Lime Rock Base material is used as clean fill on site, it is paid for per 6 wheel truck load hauled. Otherwise if disposed of, Lime Rock Base Removal shall be paid for as Lime Rock Base Removal. Measurement shall be per truck load relocated on site. 4.4.9 Remove Basketball Court Payment for Remove Basketball Court shall be a Square Yard pay item. Remove Asphalt Pavement shall include loading and hauling off -site the asphalt. Contractor shall be allowed to drive 6 wheel dump trucks on the existing paved surface. Measurement shall be by field measurement in square yards. 4.4.10 Remove Barracks Payment for Remove Barracks shall be a Lump Sum pay item. See Standard Specifications for removal. Measurement shall be field measured. 4.4.11 Remove Guard House Payment for Remove Guard House shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. 4.4.12 Remove Parking Lot Payment for Remove Parking Lot shall be by Lump Sum. See Standard Specifications for removal. Measurement shall be field measured. FDE2002.01 L 15 March 2012 North Key Largo Hammock Restoration Project IN WADETRIM Old Roads - Port Bougainville - Nike Missile Base 4.4.13 Remove Access Road and Paved Surfaces Payment for Remove Access Road and Paved Surfaces shall be by Square Yard. See Standard Specifications for removal. Measurement shall be field measured. 4.5 Quantities Quantity estimates shown are for bidding purposes only. Actual quantities for payment shall be based on field measurements or qualified load tickets from a qualified disposal site. See Specifications for density of related pay items. Table 4-1. Nike Missile Base Quantities 1 -go-b-FiNin—g 1 L.S. 2 Power Buildings 1 L.S. 3 Remove Garage 1 L.S. 4 Remove WWTP 1 L.S. 5 Remove Liquid Supply Bldg. 1 L.S. 6 Remove Medical Building 1 L.S. 7 Remove Heli ad 45 S.Y. 8 Clean Fill 66 Load 9 Remove Basketball Courts 854 S.Y. 10 Remove Barracks 1 L.S. 11 Remove Guard House 1 L.S. 12 Remove Parking Lot 2,407 S.Y. 13 Remove Paved Surfaces 220 S.Y. FDE2002.01 L 16 March 2012 Exhibit A Summary Bid Tabulation I � Lla t.d�d �v i br vtin a-� o a 'FkAr posts duty. LAse, e,� s RFP North Key Largo Hammock Restoration Project IN WADETRIM Old Roads --Port Bougainville — Nike Missile Base Uo NOT LASa T-W S FoR/\ Bid Tab A-1. Old Road Quantities Mobilizing1 L.S. 2 Saw Cut Existin Pavement 17,582 L.F. 3 Remove Asphalt Pavement 20,774 S.Y. 4 I51 Remove Lime Rock Base 1,168 TON Clean Fill (Carysfort Site 520 Load TOTALS Bid Tab A-2 Port Bougainville Quantities 1 Mobilizing 1 L.S. 2 Remove Tennis Courts 150 S.Y. 3 Remove Bath House 1 L.S. 4 Remove Restaurant and Tunnel 1 L.S. 5 Remove Lode 1 L.S. 6 Remove Fill at Lode 4,526 C.Y. 7 Remove Foundations 370 S.Y. 8 Remove Fill Areas 1,170 C.Y. 9 Clean Fill Port Bougainville site 218 Load 10 Saw Cut Asphalt Pavement 2,800 L.F. 11 Remove Asphalt Pavement 5,556 S.Y. 12 Remove Lime Rock Base 320 TON 13 Remove Old House 1 L.S. 14 Value of Cypress Timbers 1 L.S. TOTALS Bid Tab A-3 Nike Missile Base Quantities 1 Mobilizing 1 L.S. 2 Power Buildings 1 L.S. 3 Remove Garage 1 L.S. 4 Remove WWTP 1 L.S. 5 Remove Liquid Supply Bldg. 1 L.S. 6 Remove Medical Building 1 L.S. 7 Remove Heli ad 45 S.Y. 8 Clean Fill 66 Load 9 Remove Basketball Courts 854 S.Y. 10 Remove Barracks 1 L.S. 11 Remove Guard House 1 L.S. 12 Remove Parking Lot 2,407 S.Y. 13 Remove Paved Surfaces 1 220 1 S.Y. TOTALS FDE2002.01 L 1 March 2012 11 drwin waI aDOAA 11 Z of cFi oil p .� 1 �yw�`Y� N � o� O N on Li �t1UW� awl N}q � 1=ll - , JQ N QZZ�ZZN Q . Z li m� ,E V O? Cr amoz�� wa H z O }ap m s = Y '�. �0 N0YN �0N 0 �`.Gy,ERT e. �s`a�''��^U IL goo Z w0 OF U z w w0 Hd Q J W '^ v, y. 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OPWV W� AW OD J U Z W >� O 2 n KA O n W F Q O N N N Q Z a Q a q inr 'IWAI 1 AB Nd SO{ ZIOZ/Z/t MUM - SSIM tlHOONON 3TOS WU - 8'f-3 - ON10'tRLN-Slld-dSA\6 Z9lWO 1NWtW\MX1M-K!\-'3 -:NOLLVRNDJNI NOW TUU 3d '1N3M di3r:tmV 133Msd 'Oui'dmio WIJI DDOMM paurur � � N Li ILI^III2L O d_y, UOF 0 Au o08= i U = K 0 �� m O w Z � Z O N A Z Z O O W Z W w oe Q a. p0;� Q Z O W z O O Z W fr c 3 3 .`s 1plg rnYnU �LaoErF volt �Haurla ui[ a W Z anc�evc�i[ 22 w a U N O O N W 0 O x J ❑ W Z W X 'a _ =_ i A tU x jS3" EWID AS Ky LSLL CLOZ/fZ/OI 03.UO-W - SIS3IMHOONM 3WX MrU - 6'f-0 - OMO-fH1N-Slld-dSA\S S100\ltl3fi mr\MNOM M \:0 -:NOLIV M03NI >1008 T13U 3d 'uL7979 3r3f:M30YNVN I11- ji0dh011 1JMW1WJYTbfB On -conw-> April 9, 2012 John Pennekamp Coral Reef State Park P.O. Box 487 Key Largo, Florida 33037 Attn.: Ms. Cecelia McCafferty Construction Manager Re.: Lead -Based Paint Survey Report North Key Largo Restoration Project Port Bougainville Key Largo, Monroe County, Florida PSI Project No. 0784763-1 Dear Ms. McCafferty: tAtlnw1eK1' E Professional Service Industries, Inc. (PSI) is pleased to inform you of our findings for the above referenced project. The purpose of the lead -based paint (LBP) survey was to evaluate the presence of lead in painted surfaces or other surface coatings at the Port Bougainville Site. The survey parameters were limited to the collection of a single paint -chip sample from each different type of building component and subsurface associated with the site. Mr. Jeremy A. Cotrell of PSI conducted paint -chip sampling on March 14, 2012. The site consists of three structures; a marina building, a wood structure and a two story duplex building. The collected paint -chip samples were submitted to PSI's Pittsburgh, PA laboratory for analysis by Atomic Absorption Spectroscopy (AAS), using PSI Method WI-503, modified from EPA Method SW846 7420. This analytical method provides a fully documented procedure for determining low concentrations of lead in solvent reducible coatings. The U.S. Environmental Protection Agency (EPA), U.S. Department of Housing & Urban Development (HUD) and Title XXIX — Public Health, Chapter 381.983 of the Florida Statutes have defined LBP as any paint or coating found to contain equal to or in excess of 0.5% by weight if analyzing paint chip samples. The following chart lists a description of each material sampled, sample location, and laboratory analysis of the sample collected. The laboratory analytical report is included in Attachment A. Only samples LBP-74 — LBP-79 are applicable to this report. Sample Number Sample Color, Substrate Description P - -- - Sample Location - - Lead _ Concentration* LBP-74 Brown Concrete Block Wall/ Concrete Substrate Marina Building <0.00.81 _ Lt. Brown Concrete Block Wall/ Concrete Substrate LBP-76 White & Brown Concrete Wall/ Concrete Substrate Marina Building <0.020 LBP-77 Pink Concrete Wall/ Concrete Substrate Marina Building <0/018 Professional Service Industries, Inc • 7950 N.W. 64 Street • Miami. FL 33166. 3051471-7721 • Fax 3051593-1913 John Pennekamp Coral Reef State Park Lead Based Paint Survey Report Port Bougainville Site North Key Largo Restoration Project Key Largo, Monroe County, Florida PSI Project No.: 0784763-1 Page 2of3 Sample Sample Color, Sample lead Number Substrate Description Location Concentration' LBP-78 White Interior Drywall/ Drywall Substrate Two Story 0.013 Duplex LBP-79 Pink Interior Drywall/ Drywall Substrate Two Story <0.010 Duplex Lead concentrations measured as % lead by weight. = Paint with a lead concentration greater than 0.5% by weight is considered to be lead -based paint by HUD. The lead concentrations of five samples were below the applicable laboratory detection limits. The lead concentration for sample LBP-78 was below the EPA/HUD level for lead -based paint but above the laboratory reporting limit for the sample. Therefore, the paint represented by this sample is considered to contain a measurable concentration of lead. Please note, OSHA Lead in Construction Standard (29 CFR 1926.62) does not include a definition for lead -based paint. Instead, OSHA is concerned with the airborne concentration of lead workers are exposed to during work that causes the disturbance of lead containing materials. Therefore, any employers whose workers perform tasks that disturb painted components containing any concentration of lead should ensure that their workers are properly trained and exposure monitoring is performed in accordance with the OSHA standard and avoid activities (sanding, torch cutting, grinding, abrading) which could produce lead fume or respirable dust. Construction work is defined as work for construction, alteration and/or repair, including painting and decorating. It includes but is not limited to the following: • Demolition or salvage of structures where lead or materials containing lead in any concentration are present; • Removal or encapsulation of materials containing lead; • New construction, alteration, repair, or renovations of structures. Substrates, or portions thereof, that contain lead, or materials containing lead; • Lead contamination/emergency cleanup. The results reported herein are considered sufficient in detail and scope to determine the presence of LBP in the buildings. PSI warrants that the findings contained herein have been prepared in general accordance with accepted practices as applied by similar professionals in the community. Changes in the state of the art or in applicable regulations cannot be anticipated and have not been addressed in this report. scope of the study or which were not apparent during the site visit. The inspection covered only those areas, which were exposed and/or physically accessible to the inspector. The study is also limited to the information available from the client at the time it was conducted. No other warranties are implied or expressed. LMsi John Pennekamp Coral Reef State Park Lead Based Paint Survey Report Port Bougainville Site North Key Largo Restoration Project Key Largo, Monroe County, Florida PSI Project No.: 0784763.1 Page 3 of 3 As directed by the client, PSI did not provide any service to investigate or detect the presence of moisture, mold or other biological contaminates in or around any structure, or any service that was designed or intended to prevent or lower the risk of the occurrence of the amplification of the same. Client acknowledges that mold is ubiquitous to the environment with mold amplification occurring when building materials are impacted by moisture. Client further acknowledges that site conditions are outside of PSI's control, and that mold amplification will likely occur, or continue to occur, in the presence of moisture. As such, PSI cannot and shall not be held responsible for the occurrence or recurrence of mold amplification. Thank you for choosing PSI as your consultant for this project. If you have any questions, or if we can be of additional service, please call us at (305) 471-7725. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. C�fl L 0— Pa Wo . Potharst Department Manager — Environmental Services GRP/AR Attachments: Laboratory Results indWS. Richmond Principal Consultant �, LABORATORY RESULTS KEY PiIF Information .To Build On Ertgtgeenirag • taoltisaalriilp • tesllNg Analytical Report Analysis of Paint for Lead Determination TESTED FOR: PSI, Inc. Project 10: 0784753 7950 N.W. 64 Street John Pennskamp CRSP Miami, FL 33166 North Key Largo Restoration Attn: Glenn Potherst Nike Radar Site Date Received: 3J1612012 Date Analyzed: 312112012 Date of Issue: 312212012 Analyst: KP Work Order: 1203435 Page: 4 of 5 Lab Reporting Limit Sample 0 Client Sample 8 % Lead by Weight % Lead by Weight 057A LBP-57 0.034 0.0076 058A LBP-58 2.9 0.012 059A LBP-59 1.8 0.014 060A LSP-60 0.13 0.011 061 A LBP-61 0.25 0.011 062A LSP-62 0.013 0.0098 063A LBP-63 0.25 0.013 064A LSP-64 0.75 0.011 065A LBP-65 0.48 0.0056 066A LBP-66 0.62 0.0084 067A LBP-67 1.8 0.0094 056A LSP-68 0.065 0.011 089A LBP-69 4.0 0.013 070A LBP-70 0.26 0.017 071A LBP-71 2.0 0.011 072A LBP-72 0.19 0.018 073A LBP-73 2.2 0.011 074A LBP-74 < 0.0081 0.0081 075A LBP-75 < 0.018 0.018 Aral?tkal tiirthod. PSI WI-503 mod. EPA S14846 7420. Rev 3. 1986 or PSI WI.506 mod. EPA SW346 70000. Re% 2.2007 Respectfully Y wbmitbd, Anaysis was performed by (lame AA uskV a PE AAnefysl 400 PSI, Inc. Reporting 1Imit = 30yg Pb per representative subsample r%awww'1 "I Results are based on a representative subsample of the total sample submitted by the diem AIHA Lab ID #100373; NYELAP ID N10930. CA tab 10 92377 Approved Signatory Unless othmwise noted. all samples were acceptable upon rocsip( Maureen Sammons Sample results are not corrected lot blanks sample results are wdthin Vie aooeptancs range. unless noted AN results are based on 2 significant figures Results relate only to Items tested Client subrrstted data is the delamuning factor in the accxacy of calculated results The attached Chain of Custody is Incorporated Into and becomes a port of the final report This report may not be reproduced, except in fuel, withaA written approval of PSr. Inc Professional Service Industries. Inc 850 Poplar Sweet. Pittsburgh. PA 15220 Phone 412r922-4000yFax 412/922-4043 1PMUT'bBtd1d0n 1►fn►mation sfaaffe..rr, • cfa.trtllie/ • 7tItltllrg Analytical Report Analysis of Paint for Lead Determination TESTED FOR: PSI, Inc. Project ID: 0794763 7960 N.W. 64 Street John Pennekamp CRSP Miami, FL 33166 North Key Largo Restoration Attn: Glenn Potherst Nike Radar Site Dab Received: 311612012 Date Analyzed: 312112012 Date of Issue: 3/22/2012 Analyst: KP Work Order: 1203435 Page: 5 of 5 Lab Sample a Client Sample 076A LSP-76 077A LSP-77 078A LBP-78 Reporting Limit % Lead by We19M % Lead by Weight < 0.020 0.020 < 0.018 0.018 0.013 0.0005 079A LSP-79 < 0.010 0.010 Anal►llcsl Nefbod: PSI WI-503 mod. EPA SW846 7420, Rcv 3.1986 or PSI W1-506 mod EPA SW846 7000B. Rcv 2, 2007 An*= was pMkrmed by Jlenle AA using a PE AAnafysf 400 Repwile IWW . 3 W Pb per represertawa subsample Results are based on a ropresen,tib subeampia of we twat sample t{,bnrtled byftdWd AlHA Lab 10 81003n NYELAP ID 810930. CA Lab 10 82377 Respectfully submeted, PSI. W— -400-e- ,lcrb tlrreas elrr VAM noted M sanrptes were acceplable up retarpl Maureen Sa mewons Ssnpla rea ft are nol conacted for blanks M quality control sarrya resLft are wiom Ne xtaptancs range, unless nosed As resuas we based on 2 signellicanl rues Results ,class wry a dame jested Ctlsra subnwted date is the dellowwwrng fador in do accuracy of alca"Ied results The atlachad Chain of Custody is incorporated Iran and noon a pan of ft final rapwt TNs report may not be reproduced except in U, wWrord writlen approval of PSI. Inc Professional Service Industnes. Inc 850 Poplar Stmel Pillaburgh PA 15220 Phone 4121922-4000 Fax 4121972.4043 AiVacAmAent F DEMOLITION ASBESTOS SURVEY REPORT For the NORTH KEY LARGO RESTORATION PROJECT - PORT BOUGAINVILLE SITE KEY LARGO, MONROE COUNTY, FLORIDA Prepared for JOHN PENNEKAMP CORAL REEF STATE PARK MM 102.5 OVERSEAS HWY KEY LARGO, FLORIDA 33037 Prepared by Professional Service Industries, Inc. 7960 NW 64T" Street Miami, Florida 33166 Telephone 306 471-7726 PSI PROJECT NO.0784768-1 April 9, 2012 pt.;Information `7E .ToBuildOn G E. J 'n Emerson Project Manager Environmental Services Jeremy R. Jernigan 2012.04.09 16:24:18-05'00' CSP No. 20959 Jeremy R. Jernigan, CSP, CHMM Florida Licensed Asbestos Consultant #AX73 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY.......................................................................................................1 2. INTRODUCTION...................................................................................................................2 2.1 AUTHORIZATION............................................................................................................ 2 2.2 SITE DESCRIPTION............................................................... .......... 2 ............................... 2.3 PROJECT BACKGROUND................................................................................................ 3 2.4 PURPOSE AND SCOPE................................................................................................... 3 3. ASSESSMENT ACTIVITIES.................................................................................................4 3.1 RECORD DOCUMENT REVIEW......................................................................................... 4 3.2 VISUAL INSPECTION.......................................................................................................4 3.3 SAMPLING AND ANALYSIS.............................................................................................. 4 4. CONCLUSIONS....................................................................................................................6 4.1 ASBESTOS CONTAINING MATERIALS............................................................................... 6 6. WARRANTY..........................................................................................................................9 LIST OF APPENDICES & FIGURES APPENDIX A: ASBESTOS INSPECTION DATA SHEET APPENDIX B: LABORATORY ANALYTICAL REPORTS APPENDIX C: PERSONNEL AND LABORATORY CERTIFICATIONS �j John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site PSI Project Number: 0784758 1. EXECUTIVE SUMMARY Professional Service Industries, Inc. (PSI) conducted a Demolition Asbestos Survey of the North Key Largo Restoration Project - Port Bougainville Site located in Key Largo, Monroe County, Florida on March 14, 2012. The subject site consisted of a former marina building, a wood structure, and a two-story duplex. The former marina structure is constructed of poured concrete floor slab, stucco/concrete block walls, plaster hallway ceiling with a rough texture coat occupying approximately 18,000 square feet. The wood structure is constructed of poured concrete floor slab, asphalt walkway with a membrane roof system occupying approximately 12,000 square feet. The two-story duplex structure is constructed of a poured concrete floor slab, drywall with join compound interior walls, popcorn ceiling with a membrane roof system occupying approximately 2,500 square feet. The assessment was performed for the John Pennekamp Coral Reef State Park — Port Bougainville Site. This survey was conducted at the request of the client for future demolition of the structure. The scope of the Asbestos Demolition Survey was to identify, quantify and assess the condition of suspect asbestos containing materials (ACM) in the building, as well as the collection and analysis of bulk samples. The assessment included the sampling of interior and exterior suspect ACM. Roofing was sampled as part of this assessment. Based on the methodologies described in this report, PSI did not identify ACM at the subject site. John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site PSI Project Number: 0784758 2. INTRODUCTION A Demolition Asbestos Survey of the North Key Largo Restoration Project - Port Bougainville Site located in Key Largo, Florida has been conducted by PSI to identify Asbestos Containing Materials within the building. This survey was conducted on March 14, 2012. The survey was generally conducted in four phases as follows: • Phase 1 — Record Document Review- Drawings, floor plans, historical data or other documents provided to PSI or made available on site were evaluated for the general construction history and layout of the facility. Other documents such as maintenance records, operation and maintenance plans, laboratory results, etc., provided to PSI or made available on site were also reviewed. This data was used to focus the walk through and scope of work to be followed over the course of our visual inspection and sampling. • Phase 2 — Visual Inspection- A visual inspection of the facility was conducted to identify, quantify and assess the condition of suspect ACM. The inspection team access each area and recorded suspect asbestos containing materials present. Each material was visually estimated for total quantity within the space. The general condition and friability was also recorded. • Phase 3 — Sample Collection and Analysis- Samples were collected for each suspect homogeneous area. Samples were submitted to PSI's accredited laboratory for analysis by Polarized Light Microscopy (PLM). • Phase 4 - Project Report - This report outlines the assessment findings based on the interviews, testing results and field observations. The report also discusses other observations concerning the workplace as they impacted the sampling events. This report includes a discussion of sampling methodology, locations, analytical methods, results, and conclusions. 2.1 AUTHORIZATION Authorization to perform this asbestos survey was given by a submitted Purchase Order issued by the John Pennekamp Coral Reef State Park, dated February 24, 2011. 2.2 SITE DESCRIPTION The subject site upon which this assessment was conducted is the North Key Largo Restoration Project - Port Bougainville Site located in Key Largo, Monroe County, Florida. The subject site consisted of a former marina building, a wood structure, and a two-story duplex. The former marina structure is constructed of poured concrete floor slab, stucco/concrete block walls, plaster hallway ceiling with a rough texture coat occupying approximately 18,000 square feet. The wood structure is constructed of poured concrete floor slab, asphalt walkway with a membrane roof system occupying approximately 12,000 square feet. The two-story duplex structure is constructed of a poured concrete floor slab, drywall with join compound interior waill, popcorn ceiling W11M a membrane rool system occupying approximately 2,5DU square Teet. John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site �� PSI Project Number: 0784759 2.3 PROJECT BACKGROUND The survey was conducted on the North Key Largo Restoration Project - Port Bougainville Site for future demolition. PSI was not provided any documentation for review prior to conducting the survey. 2.4 PURPOSE AND SCOPE The purpose of this asbestos survey was to determine the presence of ACM in the referenced buildings which are scheduled for future demolition. The Asbestos Demolition Survey was completed in general accordance with the authorized scope of work as identified in the contract between PSI and the client. 3 John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site PSI Project Number. 0784758 3. ASSESSMENT ACTIVITIES The visual inspection and sampling activities were conducted on March 14, 2012, by Mr. John Emerson and Mr. Jeremy Cottrell of PSI. Prior to the commencement of asbestos survey activities, the client provided site contact information and assisted in providing access to the facility. 3.1 RECORD DOCUMENT REVIEW PSI did not review drawings, floor plans, historical data, maintenance records, previous survey reports, laboratory reports or other documents for information regarding construction history and building materials. 3.2 VISUAL INSPECTION PSI's inspector accessed each room or area of the subject site to identify suspect homogenous areas of ACM. Suspect ACM was categorized into homogeneous areas on the basis of color, texture, appearance, use and apparent construction era (where available). Each homogeneous area was given a unique material description. Quantities were visually estimated by the inspector. In addition to identification of each material and quantities, the inspector also determined friability. A friable material is defined as any material able to be crushed, crumbled, pulverized or reduced to a powder by hand press when dry. The inspector used a hand pressure test to determine friability. Each material was further assessed for overall condition. Conditions were rated as good, fair or poor. Materials in good condition included those materials which were in the same condition as when installed showing only minor age deterioration. Materials in fair condition included those materials which had apparent age deterioration and minor damage, however the matrix of the material remained substantially intact. Materials in poor condition included all materials with damage or significant damage and evidence that the material's matrix has failed or has begun to fail. 3.3 SAMPLING AND ANALYSIS PSI's asbestos inspector, under the supervision of a Principal Consultant developed a sampling scheme for suspect ACM at the facility. PSI did not sample any system which presented a hazard to the inspection team such as energized electrical systems or within confined spaces, PSI analyzed no more than 32 samples by Polarized Light Microscopy. 4 John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site PSI Project Number. 0784758 3.3 SAMPLING AND ANALYSIS (CONT.) Each sample location was sprayed with amended water and was kept wet during the entire sampling process. Samples were collected by coring through the material from the surface down to the base substrate. All layers of the material were extracted in placed into a sample container for transport to the laboratory. Sample containers were sealed and labeled with a unique sample ID. Following sample extraction, the sample location was sealed using a clear liquid encapsulant or covered with tape. Restoration of finishes and materials to their pre - sampling condition was not provided. In accordance with the agreement between PSI and the client, roofing materials were sampled by coring through the roof system to the base deck material. PSI applied a temporary patch to the roof core location following sample extraction. Due to the destructive nature of roof sampling however, PSI does not warrant a water tight condition following sample extraction, nor can PSI guarantee the continuance of any roof system warrantees by other entities. Samples were submitted to PSI's accredited laboratory in Pittsburgh, Philadelphia. PSI's laboratory is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), accreditation No. 101350-0. Samples were analyzed by Polarized Light Microscopy (PLM) EPA 600/M4-82-020: "Interim Method of the Determination of Asbestos in Bulk Insulation Samples." Samples were dried, homogenized, and representative portions were examined with a stereobinocular microscope. If no asbestos is found in a sample, "NAD" (No Asbestos Detected) is reported. If asbestos is found in a sample, the percentage and type of asbestos is reported. Point Counting verification of low concentration samples was not performed. 5 John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site PSI Project Number: 0784758 4. CONCLUSIONS PSI has performed an Asbestos Demolition Survey of the subject site in general accordance with PSI Proposal No. 0784-43672R, dated January 27, 2012. Based on the results of this assessment, the following conclusions have been developed. 4.1 ASBESTOS CONTAINING MATERIALS PSI did not identify asbestos containing materials during this survey. The facility included in this Demolition Asbestos Survey was the North Key Largo Restoration Project - Port Bougainville Site in Key Largo, Monroe County, Florida. The subject site consisted of an old marina building, a wood structure, and a two-story duplex. The old marina structure is constructed of poured concrete floor slab, stucco/concrete block walls, plaster hallway ceiling with a rough texture coat walkway ceiling system occupying approximately 18,000 square feet. The wood structure is constructed of poured concrete floor slab, asphalt walkway with a membrane roof system occupying approximately 12,000 square feet. The two-story duplex structure is constructed of poured concrete floor slab, drywall with join compound interior walls, popcorn ceiling with a membrane roof system occupying approximately 2,500 square feet. During the visual inspection, PSI tested 12 homogenous areas of suspect ACM and collected 32 samples representing these materials. A complete detail of all suspect materials, locations, quantities and conditions may be found in the following table and in the appendices of this report. Please note sample number 75-143 is associated with a separate survey and is not representative of materials currently observed. The following data is a summary of materials sampled as part of this survey. Homogeneous Area Description Location(s) in the facility Friable F/NF Total Estimated Quantity Percent Asbestos Old Marina Building Concrete Floor Slab NF 18,000 SF NAD Stucco Block Walls NF 11,000 SF NAD Rough Texture Coat Walkway Ceiling NF 1,200 SF NAD Concrete Block Walls NF 11,000 SF NAD Plaster Hallway Ceiling NF 980 SF NAD Wood Structure Concrete Floor Slab NF 8,000 SF NAD g John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site PSI Project Number. 0784758 Homogeneous Area Description Location(s) in the facility Friable F/NF Total Estimated Quantity Percent Asbestos Wood Structure (cont.) Asphalt Walkway NF 6,500 SF NAD Two -Story Duplex Concrete Floor Slab NF 2,500 SF NAD Drywall with joint Compound Interior Walls NF 1,800 SF NAD Popcorn Ceiling NF 4,850 SF NAD Membrane Roof NF 2,500 SF NAD F= Friable NF= Non -Friable SF = Square Feet LF = Linear Fee NAD. = No Asbestos Detected PT = Point Count Method CH = Chrysotile Data Interpretation A material is considered an asbestos containing material if at least one sample from the homogenous area is confirmed to contain greater than one percent asbestos (>1.0%) under laboratory analysis. In addition, OSHA's construction standard considers all thermal systems insulation and surfacing materials in a facility constructed prior to 1981 to be presumed asbestos containing (PACM) and all flooring to be assumed asbestos containing unless it is demonstrated through laboratory analysis to contain 1.0% asbestos or less. The National Emissions Standard for Hazardous Air Pollutants further classifies ACM as regulated (RACM), Category I non -friable ACM or Category II non -friable ACM. PSI did not identify asbestos containing materials during this survey. If additional suspect ACM is identified during the proposed demolition activities, work should be halted and a Florida Licensed Asbestos Consultant retained to assess the materials. John Pennekamp Coral Reef State Park North Key Largo Restoration Project - Port Bougainville Site A� j PSI Project Number: 0784758 5. WARRANTY Asbestos Survey The information contained in this report is based upon the data furnished by the Client and observations and test results provided by PSI. These observations and results are time dependent, are subject to changing site conditions, and revisions to Federal, State and local regulations. PSI warrants that these findings have been promulgated after being prepared in general accordance with generally accepted practices in the asbestos and/or lead -based paint testing and abatement industries. PSI also recognizes that raw laboratory test data are not usually sufficient to make all abatement and management decisions. As directed by the client, PSI did not provide any service to investigate or detect the presence of moisture, mold or other biological contaminates in or around any structure, or any service that was designed or intended to prevent or lower the risk of the occurrence of the amplification of the same. Client acknowledges that mold is ubiquitous to the environment with mold amplification occurring when building materials are impacted by moisture. Client further acknowledges that site conditions are outside of PSI's control, and that mold amplification will likely occur, or continue to occur, in the presence of moisture. As such, PSI cannot and shall not be held responsible for the occurrence or recurrence of mold amplification. No other warranties are implied or expressed. Use by Third Parties This report was prepared pursuant to the contract PSI has with the John Pennekamp Coral Reef State Park. That contractual relationship included an exchange of information about the subject site that was unique and between PSI and its client and serves as the basis upon which this report was prepared. Because of the importance of the communication between PSI and its client, reliance or any use of this report by anyone other than John Pennekamp Coral Reef State Park, for whom it was prepared, is prohibited and therefore not foreseeable to PSI. Reliance or use by any such third party without explicit authorization in the report does not make said third party a third party beneficiary to PSI's contract with the client. Any such unauthorized reliance on or use of this report, including any of its information or conclusions, will be at third party's risk. For the same reasons, no warranties or representations, expressed or implied in this report, are made to any such third party. Unidentifiable Conditions This report is necessarily limited to the conditions observed and to the information available at the time of the work. Due to the nature of the work, there is a possibility that there may exist conditions which could not be identified within the scope of work or which were not apparent at the time of our site work. This report is also limited to information available from the client at the tome it was eamdueted. :File evert rmay mot represamt a'! comiditic, is at the subjed site as it o, ily reflects the information gathered from specific locations. psi g John Pennekamp Coral Reef State Park North Key Largo Reatoration Project - Port Bougainville Site PSI Project Number: 0784758 APPENDIX A: ASBESTOS INSPECTION DATA SHEET MP I m a d Z O 3 z ii N O 4.0 U) 4) m bo �1�IIII�1191�IPI�1�1� ��IIII�� �1�1111�11�1�11�161�1€�,I�I�IIII�I ��I�Nll�ll�l�ll�i�l�l���l�llll�l Z Q c C O a d L ma m G eo m �► g m o ` Ez o U Z c eo � a o o c o a = v v h APPENDIX B: LABORATORY ANALYTICAL REPORTS p Analyst: DA Work Order: 1203"S Page: 5 of 6 Client ID Lab ID Sample Description Asbestos Non -asbestos (Layer) (Color, Texture, Etc.) Content Fibers Analyst's Comment (Percent and Type) (Percent and Type) 76-144 067A (1) Gray, Concrete, Homogeneous NO ASBESTOS DETECTED None Reported 76-145 068A (1) Gray, Concrete, Homogeneous NO ASBESTOS DETECTED None Reported 77-146 069A (1) Gray, Stucco, Homogeneous NO ASBESTOS DETECTED None Reported 77-147 070A (1) Gray, Stucco, Homogeneous NO ASBESTOS DETECTED None Reported 77-148 071A (1) Gray, Stucco, Homogeneous NO ASBESTOS DETECTED None Reported 77-149 072A (1) Gray, Stucco, Homogeneous NO ASBESTOS DETECTED None Reported 77-150 073A (1) Gray, Stucco, Homogeneous NO ASBESTOS DETECTED None Reported 78-151 074A (1) Gray, Texture, Homogeneous NO ASBESTOS DETECTED None Reported Rough 78-152 075A (1) Gray, Texture, Homogeneous NO ASBESTOS DETECTED None Reported Rough 78-153 076A (1) Gray, Texture, Homogeneous NO ASBESTOS DETECTED None Reported Rough 79-154 077A (1) Gray, Concrete, Homogeneous NO ASBESTOS DETECTED None Reported 79-155 078A (1) Gray, Concrete, Homogeneous NO ASBESTOS DETECTED None Reported 80-156 079A (1) Gray, Plaster, Homogeneous NO ASBESTOS DETECTED None Reported 80-157 080A (1) Gray, Plaster, Homogeneous NO ASBESTOS DETECTED None Reported 80-158 081A (1) Gray, Plaster, Homogeneous NO ASBESTOS DETECTED None Reported 81-159 082A (1) Black, Roofing, Homogeneous NO ASBESTOS DETECTED 7% Cellulose Fiber 81-160 083A (1) Black, Roofing, Homogeneous NO ASBESTOS DETECTED 7% Cellulose Fiber 82-161 084A (1) Gray, Concrete, Homogeneous NO ASBESTOS DETECTED None Reported 82-162 086A (1) Gray, Concrete, Homogeneous NO ASBESTOS DETECTED None Reported Quantltation is based on a visual estimation of the relative area of bulk sample components, unless otherwise noted in the "Comments" section of this report. The results are valid only for the Rem tested. This report may not be used to claim product endorsement by NVLAP or any agency of the U.S. Government, Method used: E P.A. Method for the Determination of Asbestos in Bulk Building Materials (EPA / B00/R-93/110 July 1993). Polarized Light Microscopy is not consistently rellable In detecting asbestos in floor coverings and similar non -friable organically bound materials. Quantitative Transmission Electron Microscopy is currently the only method that can be used to determine If the material can be considered or treated as non -asbestos containing. Samples will be disposed of within 30 days unless notified In writing by the client. No part of this report may reproduced, except in full, without written permission of the laboratory. The reporting limit is 1 % by weight. NVLAP Lab Code 101360-0. Respectfully submitted, PSI, Inc. Approved Signatory Maureen Sammons Professional Service Industries, Inc. 850 Poplar Street, Pittsburgh, PA 15220 Phone 412/922-4010 Fax 412/922-7289 Analyst: DA Client ID Lab ID (Layer) 83-163 83-164 84-165 84-167 85-168 85-169 86-170 86-171 86-172 86-173 86-174 87-175 87-176 Work Order: Sample Description (Color, Texture, Etc.) Analyst's Comment 086A (1) Black, Other, Homogeneous Asphalt 087A (1) Black, Other, Homogeneous Asphalt 088A (1) Gray, Concrete, Homogeneous 089A (1) Gray, Concrete, Homogeneous 090A (1) Gray, Drywall, Homogeneous (2) White, Joint Compound, Homogeneous 091A (1) Gray, Drywall, Homogeneous (2) White, Joint Compound, Homogeneous 092A (1) White, Concrete, Homogeneous Not Popcorn Ceiling 093A (1) White, Popcorn Ceiling, Homogeneous 094A (1) White, Popcorn Ceiling, Homogeneous 095A (1) White, Popcorn Ceiling, Homogeneous 096A (1) White, Popcorn Ceiling, Homogeneous 097A (1) Black, Roofing, Homogeneous 098A (1) Black, Roofing, Homogeneous Report Notes: (PT) Point Count Results 1203"6 Asbestos Content (Percent and Type) NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED NO ASBESTOS DETECTED Page: 6 of 6 Non -asbestos Fibers (Percent and Type) None Reported None Reported None Reported None Reported 10% Cellulose Fiber None Reported 10% Cellulose Fiber None Reported None Reported 4% Cellulose Fiber 4% Cellulose Fiber 4% Cellulose Fiber 4% Cellulose Fiber 10% Cellulose Fiber 10% Cellulose Fiber Ouantitation Is based on a visual estimation of the relative area of bulk sample components, unless otherwise noted in the "Comments' section of this report. The results are valid only for the Rem tested. This report may not be used to claim product endorsement by NVLAP or any agency of the U.S. Government Method used: E.P.A. Method for the Determination of Asbestos In Bulk Building Materials (EPA / BDOM-931116 July 1993). Polarized Light Microscopy is not consistently reliable in detecting asbestos In floor coverings and similar non -friable organically bound materials, quantitative Transmission Electron Microscopy is currently the only method that can be used to determine if the material can be considered or treated as non -asbestos containing. Samples will be disposed of within 30 days unless notified In vatting by the client. No part of this report may reproduced, except In full, without written permission of the laboratory. The reporting limit is 1 % by weight. NVLAP Lab Code 101360-0. Respectfully submitted, PSI, Inc. Approved Signatory Maureen Sammons Professional Service Industries, Inc. 850 Poplar Street, Pittsburgh, PA 15220 Phone 412/922-4010 Fax 412/922-7289 APPENDIX C: PERSONNEL AND LABORATORY CERTIFICATIONS &=Sl '� a � �Y • �„'` • 'fi � � �! t � �: , S - � 1 t _"�� ?h� .t. 1. v :�1 f •-� n �• � 'jr \� 7 1 4' `�'� _.•� � 1 � � � 7 � Tom, - � '; i�'S �_ _ 1 , I � to f' puma PMOMI so" n �1 L_ F f �"At�J >< C'���. i ( � lid � �i 1 � � � � �.�A� f � l'� ����-� � �= •, t W �1 a M R INa -10tT or National VoluntaryI IN Laboratory Accreditation Program i 'T47ES c f'�e SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 PSI 850 Poplar Street Pittsburgh, PA 15220 Ms. Catherine McNamee Phone: 412-922-4010 x286 Fax: 412-922-4014 E-Mail: cathy.mcnamee@psiusa.com URL: http://www.psiusa.com BULK ASBESTOS FIBER ANALYSIS (PLM) NVLAP Code 18/A01 Designation /Description NVLAP LAB CODE 101350-0 EPA-600/M4-82-020: Interim Method for the Determination of Asbestos in Bulk Insulation Samples' 2011-07-01 through 2012-06-30 Effective dates For the a -clonal Insgute of Standards and Technology Page 1 of 1 WLAP-01 S (REV. 20D5-O5.19) 1 g CD N� co LO LINto y w Oro a in o 6 m�E h a V N qtr o o o O Occ loe ,4W CD O° •� 1 LM ai =v � cCo�o p O c'ci Cl W ,O C N w �' C O •� v co • 2 .� o W N Aj a 4 me wt G EARTTEC-01 GFELL '4� R� CERTIFICATE OF LIABILITY INSURANCE F°"TE`M/2016YY' 2t25rzo1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Management Insurance PO Box 6187 Fort Myers, FL 33911-6187 CONTACT NAME: Misha Redecker _ PHONE 239 278-3939 "x 0 ) A/C No): 239) 278-4853 ADDRESS: misha@riskmgmtins.com INSURE S AFFORDING COVERAGE NAIC # INSURER A; FCCI Insurance Company 33472 INSURED INSURER 13 : National Trust Insurance Co. 20141 Earth Tech Enterprises, Inc. _ INSURER C : Lloyd's of London INSURER D : 5425 Golden Gate Pkwy # 3 Naples, FL 34116 INSURER E : _ INSURER F : COVERAGES CERTIFICATE NIIMRER! 3srvlslnM wluceca• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE I SUBRTYPE POLICY NUMBER M/DD/YYYY EXP MM1D0/YYYY LIMITS A I X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE C OCCUR X Contractual Liab. X J lndep. Contractor _ X X CPP0004599 11 AP 04/0512015 B KKZMAEMENRSONAL 04/05/2016 EACH OCCURRENCE $ 1,000,000 DAMA"ETanERrED PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) _ $ 5,000 a ADV INJURY $ 1,000,00 GENERAL AGGREGATE —_ $ 2,000,00 GENL AGGREGATE LIMIT APPLIES LIES PER POLICY['_)JECT LOC BY UCTS- COMP/OP AGG $ 2,000,00 OTHER: DATE � $ A AUTOMOBILE X LIABILITY ANY AUTO X X WAN 'CA 0005588 11 R N/ 04105/ ! Eg NED SINGLE LIMIT -t!e I $ 1,000,00 BODILY INJURY (Per person) $ X ALL OWNED SCHEDULED AUTOS I AUTOS X NON-OWNEDPROPERTY HIRED AUTOS AUTOS �0-4705R016 BODILY INJURY (Per accident) $ DAMAGE Per accident $ PIP $ 10,00 X UMBRELLA LIAR X OCCUR i EACH OCCURRENCE $ 10,000,00 B EXCESS LIAB CLAIMS -MADE X UMS0002919 11 04/05/2015 ; 04/05/2016 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $� A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR(PARTNER/EXECUTIVE YNIA OFFICERIMEMBEREXCLUDED? (Mandatory in NH) 6=86111PT10N OF OPERATIONS below X71-WICISA-72277 ( 07/18/2015 07/18/2016 PER OTH- X STIN ATUTE ER E.L. EACH ACCIDENT $ 11000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,00 A quipment Floater CPP0004599 11 04/05/2015 ! 04105/2016 Equip -ACV C Maritime F04MOM928-4701-15 04/17/2015 0411712016 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) RE: RFP for Habitat Restoration, North Key Largo - The Monroe County Board of County Commissioners, its employees and officials, and the Florida Department of Environmental Protection, Division of Recreation and Parks (DRP) and the Board of Trustees of the Internal improvement Trust Fund of the State of Florida are included as additional insureds on a primary and non-contributory basis With respects to the general liability per CGL0841013. Additional Insured applies to the automobile per CAU0591209 including waiver of subrogation. Waiver of subrogation applies to the general liability per CGLOBSIO13 and the workers compensation per WC000313. Umbrella is follow form. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Cd 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACORbr CERTIFICATE OF LIABILITY INSURANCE �••-�� DATE(MMMDIYYYY) F02/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 239.243.9729 239.791.1074 Smith Insurance & Bonds 2039 W First St. Suite 7 Ft. Myers, FL 33901 N Smith Insurance & Bonds ___ AX PXONNo-E : 239.243.9729 I trAIIC. No): 239.791.1074 ADDRESS, msmith@flsuretybonds.com INSURE S AFFORDING COVERAGE NAIC8 INSURER A: Lloyds of London INSURED 239.774.1223 239.774.1227 Earth Tech Enterprises, Inc. 5425 Golden Gate Parkway #3 INaDles. FL 34116INSURER INSURER 8 : INSURERC: INSURER D : INSURER E : F 4.,VVtKA9jts CERTIFICATE NUMBER: RIEVICIAN N"MctrR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE A L UBR POLICY NUMBER MM�lDIOm� MOL�mYV LIMITS COMMERCIAIL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PR MISS a ooc r° $ MED EXP (Any are person)S — _ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY D TECT LOC GENERAL AGGREGATE $ PRODUCTS . COMP/OP AGG . $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ BODILY INJURY (Per person) S ANY AUTO ALL OS SCHEDULED AUTOS AUTOS b BY MANAGEMENT BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS BY PROPERTY DAMAGE Per $ Is UMBRELLA LIAR OCCUR DATE—" - � EACH OCCURRENCE $ YES AGGREGATE $ EXCESS LIAR CLAIMS -MADE WAVER N/ DIED RETENTION $ $ I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA! A! " PER OTIi- STA7U ER E.L. EACH ACCIDENT . E.L. DISEASE • EA EMPLOYE $ (Mandatory In NH) rc ye5 descn'Oe under E.L. DISEASE . POLICY LIMIT — _ — -- -- $ DESCRIPTION OF OPERATIONS blow A Pollution Liability EC00556043 02/15/2016 02/15/2017 Occurence: $1,000,000 Aggregate: 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Ramarks Schedule, may be attached If more space Is required) RE: RFP for Habitat Restoration, N Key Largo - The Monroe County BOCC, its employees and officials, and the Florida DER Division of Recreation and Parks, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida are included as additional insureds on a primary and non contributory basis perform: BWEILCPL0009. Waiver of subrogation applies perform BWEILCPL0004. The Monroe County BOCC 2798 Overseas Hwy Marathon, FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wml THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matthew T Smith ®1988-2014 TION. All rights reserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Earth Tech Enterprises, Incorporated 5475 Golden Gate Parkway Suite 3 West RECEIVED Naples, Florida 34116 FB $ 9 2016 MEMO February 26, 2016 TO: Monroe County Attorney's Office 111112th Street, Suite 408 Key West, FL 33040 ATTENTION: Abra Campo FROM: Butch McGovern RE: Habitat Restoration Project within Dagny Johnson Key Largo Hammock State Park Enclosed, please find the Payment and Performance Bonds for this project. If there are any questions, please feel free to contact our office. Phone (239) 774- ] 223 Sales � Earth'f'�c•hEnterPrises.���rl F.i\ (2',$)? 71 k 132; SMITH Document issued to comply with the Florida Statue Chapter 713.245 Front page of Performance and Payment Bond Bond Number: 0665101 Surety: INTERNATIONAL FIDELITY INSURANCE COMPANY Local Address: ONE NEWARK CENTER, NEWARK, NJ 07102 Phone: 800.333.4167 Contractor: EARTH TECH ENTERPRISES, INC. 5425 GOLDEN GATE PKWY #3 NAPLES, FL 34116 Phone: 239.774.1223 Owner Name: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST. KEY WEST, FL 33040 Obligee Name: Same as Owner Contract Number: NA Amount of Bond $664,000.00 Project Description: NATIVE REHABITAT AT PORT BOUGAINVILLE SITE, DAGNY JOHNSON KEY LARGO HAMMOCK STATE PARK. Legal Description of Property: DAGNY JOHNSON KEY LARGO HAMMOCK STATE PARK This is the front page of the bond. Sr��iti� lrisur�ni��� t�on�is ?030 First `�t. `-)uit(' 1�t ers; 1 I: 001 1). 21c).243.0-139 1. 1.107/4 v\'vv'y�.flsur�t�honils.cc�ni BOND #: 0665101 #AIA Document A312"- 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place EARTH TECH ENTERPRISES, INC. of business) 5425 GOLDEN GATE PKWY #3 INTERNATIONAL FIDELITY NAPLES, FL 34116 INSURANCE COMPANY 1111 RAYMOND BLVD - 20TH FLOOR OWNER: NEWARK, NY 07102 (Name, legal status and address) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST. KEY WEST, FL 33040 CONSTRUCTION CONTRACT Date: 01 /20/2016 Amount: $ 664,000.00 Description: (Name and location) NATIVE REHABITAT AT PORT BOUGAINVILLE SITE, DAGNY JOHNSON KEY LARGO HAMMOCK STATE PARK. BOND Datc: 01/20/2016 (Not earlier than Construction Contract Date) Amount:$ 664,000.00 Modifications to this Bond: RC None 1— Sec Scction 16 CONTRACT NCIPAL SURETY Company: Corporate Seal) Company: A EARTH EC ERPRISES, INC. INTERNATI Signatur : Signature: Name an CH TOP ER Name and A EW T SMITH Title: R T Title: A RNEY IN FACT (Arry additional signatures appear on the last page o/ this PhF rmance Bond) (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party: ) SMITH INSURANCE & BONDS 2039 W FIRST ST. #7 FT MYERS, FL 33901 239.560.0137 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard forth. An Additions and Dinletians Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original ALA text This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. ALA Document A312TM- 2010 Performance Bond. The American Institute of Architects. AN rights reserved. WARNING: This ALA Document is proteded by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:33:48 on QW03t2011 under Order No.9766751786_1 which expires on 12121/2011, and is rat for resale. User Notes: (1330464353) § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 Iftherc is no Owner Default under the Constriction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312- 2010 Performance Bond. The American Institute of Architects. AM rights reserved. WARNING: This AIA_ Document is protected by U.S. Init. Copyright law and International Trestles. Unauthorized reproduction or distribution of this AIV Document, or arty portion of it, may result in severe 2 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:33:48 on 03/0312011 under Order No.9766751786_1 which expires on 12/2112011, and Is not for resale. User Notes: (1330464353) f 7 If the Surety elegy to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not begreater than those of the Contractor under the Construction Contract and the responsibilities of the Owner to the Surety shall not begreater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default; and resulting from the actions orfailtre to act of the Surety under Section 5; and 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract actual damages caused by delayed performance or non-performance of the Contractor. f 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4 the Surety's liability is limited to the amount of this Bond. f 9 The Surety shall riot be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. f 10 The Surety hereby waives notice of any charge, including charges of time, to the Constnution Contract or to related subcontracts, purchase orders and other obligations. f 11 Any proceeding, legal or equitablA under this Bond may be instituted in any court of cormpletert jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph arevoid or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable f 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. f 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall bedeerned deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. W hen so furnished, the i nten t is that this Bond shall be construed as a statutory bond and not as a common law bond. f 14 Definitions f 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been Trade including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor !rider the Construction C ontract f 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. f 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract f 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract f 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. Init. AM Document A312 2010 Performance Bond. The American Institute of Architects. All rights reserved.wARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe 3 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:33:48 on 03/0312011 under Ober No.9766751786_1 which expires on 12/2112011, and is not for resale. User Notes: (1330464353) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond arc as follows: The provisions and limitations of Section 255.05 Florida Statutes, including but not limited to the notice and time limitations in sections 255.05 (2) and 255.05 (10), are incorporated in this bond by reference. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature. na Signature: Name and Title: Name and Title: Address: Address: AIA Document A312-2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIADocument is protected by U.S. Imt. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'D cunwnt, or any portion of it may result in severe civil 4 and criminal penalties, and will be prosewtad to the maximum extant possible under the law. This document was produced by AIA software at 13:33:48 on 03/03/2011 under Order No.9766751786_1 which expires on 12/21/2011, and is not for resale. User Notes: (1330464353) AIA Document A312"- 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name. legal status and principal place EARTH TECH ENTERPRISES, INC. of hasiness) 5425 GOLDEN GATE PKWY #3 INTERNATIONAL FIDELITY NAPLES, FL 34116 INSURANCE COMPANY 1111 RAYMOND BLVD - 20TH FLOOR OWNER: NEWARK, NY 07102 (Name, legal status and address) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST. KEY WEST, FL 33040 CONSTRUCTION CONTRACT Date: 01/20/2016 Amount: $664,000.00 Description: (Name and location) NATIVE REHABITAT AT PORT BOUGAINVILLE SITE, DAGNY JOHNSON KEY LARGO HAMMOCK STATE PARK. BOND Date: 01 /20/2016 (.Not earlier than Construction Contract Date) Amount: $ 664,000.00 Modifications to this Bond: IS( None F So CONTRACTOR INCIPAL SURETY Company: or-porate Seal) Company: EARTH T H N RPRISES, INC. INTERNA Signature. Signature: Name and CHRISTOPHER GEHRING Name and Title: PRESIDENT Title: ATTORNEY IN FACT (Any additional signatures appear on the last page of this Palment Bond) (F'OR INFORMATION ONLY -- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party: j SMITH INSURANCE & BONDS 2039 W FIRST ST. #7 FT MYERS, FL 33901 239.560.0137 BOND #: 0665101 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard forth text is available from the author and should be reviewed. A vertical line in the left margin of this document irxticates where the author has added necessary information and where the author has added to or deleted from the original ALA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or outer party shall be considered plural where applicable. Init. ights AIA Document A312-2010 Payment Bond. The American Institute of Architects. All rreserved. WARNING- This � AIA Document is protected by U.S. Copyrt I" and International Treaties. Unauthorized reproduction or distribution of this AIA - - , or any portion of it, may result in severe civil and uirninal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:33:48 on 03/03/2011 under Order No9766751786_11 which expires on 12/21/201L and is not for resale. User Notes: (168M7892) i § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surcty's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, 1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Clain; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that arc disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 73 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. I£ however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312-2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: this AIA" Document is protected by U.S. Copyright law and IMemational Treaties. Unauthorized reproduction or distribution of this AIA' 'voor any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:33:48 on 03/03/2011 under Order No.9766751786 1 which expires on 12/21/2011, and is not for resale. User Notes: (1682657892) i § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement Shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as ofthe date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Injt, AIA Document A312-2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- o- or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:33:48 on 03/03/2011 under Order No.9766751796 1 which expires on 12/21/2011, and is not for resale. (1682657892) User Notes: § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shalt be deemed to be Contractor. § 18 Modifications to this bond are as follows: The provisions and limitations of Section 255.05 Florida Statutes, including but not limited to the notice and time limitations in sections 255.05 (2) and 255.05 (10), are incorporated in this bond by reference. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: na Signature: Name and Title: Address: na Init. ALA Document A312-2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This ALA Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Uo c n,e rt, or any portion of it, may result in severe civil and criminal penalties, and will be 4 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1333:48 on 03/03/2011 under Order No.9766751786 1 which expires on 12/2112011, and is not for resale. (1682657892) User Notes: