The URL can be used to link to this page

Item M31 111741% 9 1 1.. 1 K01W let DI C I M I N V DI 0) &3 11 JA 10: E 1: 14 Meeting Date: Division: Co =13LAdministrator Bulk Item- _A_ No Department: Silgiggligifliy .. 4 . � . .. t. AGENDA ITEM WORDING: Approval of Amendment I to the contract with IND Thomas Company, Inc., the contractor for removal of organic muck material from Canal #266 and Canal #290, to authorize the County to mail payments under the contract to Dayhill Group for disbursement under the contract rather than mailing payments directly to the contractor. PREVIOUS RELEVANT BOCC ACTION: * 03-20-13: Approval of $5 million for the canal restoration demonstration projects. 0 10- 16-13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects, and a 90 day limitation on the homeowner approval period. * 05-21-14: Approval of contract with AMIEC to design the demonstration Canals. 0 11-18-14: Approval to issue an RFP for the removal of organic muck material from Canal #266 and #290. 9 02-18-15: Approval to enter into negotiations with JND Thomas, Inc. a 04-15-15. Approval to enter into a contract with JND Thomas for Canals #266 and #290, and approving only options 2 and 3 of the disposal methods. It FT *M ril, i lk, ii V i K 11' QI'Tff0T'T51 I I IM= ii 1!, 11 1 11 IN STAFF RECOMMENDATIONS: Approval TOTAL COST. Lo DIRECT COST: — BUDGETED: Yes — No — N/A D07FERENTL4,L OF LOCAL PREFERENCE: -N/A COST TO COUNTY: 10 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVEDBY: County Arty —2� ONIBMurchaIL Risk Managemen 6�— [I)OCUMENTATION: Included X Not Required__ DISPOSITION: AGENDA ITEM No. —CAD # I'Do-Wili it CONTRACT SUMMARY Contract with: JND Thomas Co., Inc. Contract # Effective Date: June 11, 2015 Expiration Date: Amend Contract Purpose/Description: This is Amendment I to Agreement authorizes JND Thomas Co., Inc. it is a no cost amendment. The County will send paymnet checks to a 3d party for distribution to M. 0 M., MR r'7 UZ161 I FM Fol s Ts-71 I re) it jj*j!!4M1 Contract Manager Rhonda Haag 8774 CAD M.S. #26 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/15/15 Agenda Deadline: 03/27/15 557,01W. 4'"REMM Total Dollar Value of Contiract: $ -0- Current Year Portion: $ -G- Budgeted? YesZ No M Account Codes: 204-23001-560631..-I!EI302-530340 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $Q/yr For (Not included in dollar value above) ft. maintenance, utilifia, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director Yes[] NoF1 Risk Management Yes[] NoEj O.M.BJPurchasing Yes[] No� County Attorney 50-44ks- Yes[:] No[a' Comments: Reviewer Date Out 5x).1A L` j a{r7 EI �i + y NTRACT FO 71,7,7 � :t f L i Z:==- -MUkCUi rP r luprULTMMIIS-: IA employ DIsbursement<'r 1 " purpose : of i . '"{ I :' clutla noW the 1wjmd ASrumsM i-I Ir .. rj 1 - r_ a f <) i r r •� , .73 s. 'Iflu.a e t .r ! Dav uc 280 {I /1 i>- i > 1" 1 I E. lr la r1 :.1 F. .vl.� 1 •! r. 11 1 . L A Acknowledgment of Disbursement Agreement and JND Thomas Company, Inc. MCI Ill OUR M a condition preceaen ME= JF.rir- 0 1- a ago' 0 M a I Aq 81 = a I-C .1.1 iiiii .13- a iiiii n I ac r-a I ill, 11 - Dayhill Group, LLC 1205 Westlake-Dr-Ws�Wl Berwyn, PA 19312 This certification can only be changed by written directive of JIND Thomas Inc. and the written consent f2all t A.7A -ra -real. Ill seint to Monroe Coll Board of Coull JND Thomas Company, Inc. Signed :4;� Print: A'0 Commissioners IM111111111111 ................................ irsementAgreementDetwe!■ Copy of ■ Disbursement Agreement By and Between Dayhill Group And JND 'fFowas CA-Ir-r aI&JZk L This agreement (the "Agreement") is entered into on 5/15/2015 by and between JND Thomas Company, Inc. (hereinafter referred to as "Contractue), and Daybill Group (hereinafter referred to as sbursement Agent"). Both the Contractor and I Agent acknowledge that the purpose of the Agreement is to provide disbursing authority for and on behalf of the Contractor by the Disbursement Agent fbr each specific project identified and attached ku individual, addendum to the Agreement ("', assure the proper and full payment of all amounts owed both to and by the Contractor for each Specc Project Both the Contractor and the Disbursement Agent further a0mowledge that the Agreement has been entered into as a condition of a Loan provided to the Contractor for each Si,-.-i-ific agrees that fiom time to -time the Disbursement Agent may consult with or provide infbirnation to the Lender providing such Loan for each Specific Project This Agreement shall remain in full force and effect until such time that it is cancelled by either party except that this contract cannot be cancelled at written notice and must be delivered via registered or certified mail. 1. Contractors Representations and Responsibilities 1.1 For each Specific Prcjec4 the Contractor represents each ofthe following: (a) The Contractor will solely utze the Disbursement Agent in this capacity and the Contractor shallnot make payments or utilize project fiwds in any manner other than those payments made by the Disbursement Agent. 73-0 Qr:*I—act-fro 6104 t1resc t5t�--wriv-1f e- into the Disbursement Account as defined in Section 2 of this agreement or will advance such funds so that the minimum balance in the Disbursement Account at any time is equal to the amount ofmonies due to he paid out of the Disbursement Account for any Draw Request as defined in Section 2 of the Agreement plus $200. 11 The Contractor shall, for each Specific Project. furnish to the Disbursement Agent: (a) A detailed cost breakdown of the project, which shall in turn include the names of A subcontractors and material suppliers/vendors, the amounts of their contracts, and an estimate of the Contractor's anticipated labor, overhead and profit (b) Copies of all subcontracts and major purchase orders. (c) A construction schedule. �Id) All other items for which Disbursement iVT!t tj Yy Disbursement Agent. (e) The Contractor further agrees to immediately notify the Disbmement Agent of any change in said Contract Price or estimated costs and furnish the Disbursement Agent a copy of all Contract Change Order Requests, all Contract Change Orders, all Contract Agreement Modifications, and all Contract Agreement Directives. 1.3 The Contractor shall furnish to the Disbursing Agent copies of any and all notices received by thc. Contractor pursuant to the any applicable state or federal law which directly relates to any specific pmject identified in any addendmn to the Agreement including but not limited to any Notices to Contractor, Notices to Owner, Notices •of Non -Payment or Claims of Lien or other statutory notices, and shall do so within seven (7) days of its receipt of any such notices or liens. 1.4 The Contractor shall give notice to the Disbursing Agent of the existence of any disagreement or dispute between the Project Owner(s), the Owner(s� any subcontractors, or provider of labor or services to the Project(s). 2. Disbursement Agents Representations and Responsibilities 2.1 For each Specific Prcject, the Disbursement Agent represents each of the following.. (a) The Disbursement Agent will establish an account at a banking institution (the sbursement Accounir), purpose of which will be to solely perform the obligations under the Agreement. At no time shall Disbursement Agent comingle any prijact fkmds with any other funds. (b) The Disbursement Agent will maintain a Policy of insurance protecting the Contractor from any errors omissions on its part in performing its obligations pursuant to the Agreement The Disbursement Agent w provide evidence of said coverage to the Contractor upon written request. es set f rth 2.2 The Disbursement Agent will undertake to perform promptly, diligently and faithfully the duti et forth Section 3 below, upon the condition, however, that its disbursement of fimds upon the signed order of Contractor (or Contractors duly authorized agent) shall, as to Disbursement Agenies duty to the Can cto be conclusively deemed to be the exercise of due care. 2.3 The Disbursement Agent will maintain at its principal place of business adequate records of lunds tweiriv and disbursed in connection with each Specific Project and Will Permit inspection of these records at an reasonable time or times by the Contractor. 3. Disbursement of Funds 3.1 The Disbursement Agent may disburse funds from the Disbursement Account to either eble third parti ("ETFs") or the Contractor based upon the terms and conditions defined below. (a) The Disbursement Agent will only release funds from the Disbursement Account to F.Tps upon presentation by the Contractor of executed application and certification of payment and fully executed vouchers. such payments will be made payable directly to the ETP that have supplied the underlying materials and/ or services except under those circumstances as defined in Section 3. 1. (c) Below. Said vouchers shall list the total amount due each ET? and the amount to be deducted fiern each fine item category on the cost breakdown that has been submitted to Disbursement Agent by the Contractor in accordance with Section 2 of the Agreement. Each voucher shall be accompanied by delivery receipts and tickets, invoices, andtor any other similar supporting documentation including, but not limited to, partial or final lien waivers requested by the DisbMsement Agent- (b) For the purpose of RI EIP's am those vendors that have perfbrmed services and/ or supplied materials for any Specific Project and for which the Contractor acknowledges satisfactory receipt of such services andt or materials. (c) The Disbursement Agent will release funds from the Disbursement Account to the Contractor for the payment of profit and overhead provided that the loan and any related loan interest and fees have been paid in full and that any payment of profit and overhead does not cause the sum of the cumulative profit and overhead released )H_cIi_Agreameaty 5.2 to the Contractor plus the total retainage held by the project Owner to exceed the total project budgeted profit and overhead multiplied by the percentage of completion of the projed. unless such amount is in excess of the conditions of the Contract for which tht Agreement is a condition of In such case, the maximum aggMpte payment of profit and overhead shall be based upon the terms and conditions of such ContrW. (d) The Disbursement Agent will forward directly to the Contractor checks made payable to ETP's so that the Contractor can forward payment directly to such ETP. 31 Notwithstanding Section 3.1 above, in no case shall the Disbursement Agent be required to disburse more funds in an amount individually or in aggrepte that would cause the amount of funds in the Disbursement Account to fall below the amount defined in Section IA of the Agreement. 3.3 The Disbursement Agent may release funds directly to themselves for payment of services under the Agreement based upon the terms and conditions of each Specc Project 3.4 The Disbursement Agent will keep on file for inspection by the Contractor all releases from subcontractors, laborers, and material suppliers. The Contractor agrees that the Disbursement Agent may provide access to these records to the General Contractor that has provided the Contract for which the Agreement is a condition of. 4. Deinult 4.1 The Agreement shall be deemed to be in default in the event of any of the following: (a) The failure of any party to perform any material obligation herein; untrue or misleading- statement tx tr--IisNuL�4 e-7mil7vi Disbursement Agent to make any erroneous or improper payments of any amounts disbursed to either any eligible third party or to the Contractor on any Specific Project; (c) The diversion to any other use of materials furnished, earmarked or obtained for use in A' Project; (d) Transfer, sale, conveyance or assignment by the Contractor of any Specific project (e) If the Contractor is an individual, the death orpermarient disability of the Contractor. (f) Any unlawful act which would cause the Contractor to become a fugitive from justice. (g) Any action taken by the Contractor that would cause them to be in default of the Surety Bond for which the Agreement is a condition of. 4.2 Upon default by the Contractor, the Disbursement Agent shall have the unequivocal right to use any undistributed monies that may be in the Disbursement Account to pay the Disbursement Agent any fees that it might be owed, provided that the Disbursement Agent first disburse amounts owed to ETPs for which the Disbursement Agent has received all of die requisite documentation. 5. lmdemnification 5.1 The Contractor agrees to indemnify, defend, and hold harmless the Disbursement Agent and its officer, directors and shareholders from and against any liability, loss, damage and expense that the Disbursement Agent may incur in connection with any claim, action, suit or proceeding, whether civil or criminal that pertains to ft Agreement and the Disbursement Agents discharge of its obligations under the Agreernent� The Contractor furthermore agrees to indemnify and hold harmless the Disbursement Agent from any all liability that the Disbursement Agent may incur as a result of the Contractor's failure to maintain all necessary licenses or permits or any other legal documents required in order to complete any Specific Project. EM 6.1 If a dispute arises between the Contractor and Disbursement Agen� both parties agree that they will work together in order to resolve such dispute in a timely manner so as not to delay the timely performance of duties hereunder. In the case when such dispute cannui be resolved, any legal action brought about by either party must be made in a court of competent jurisdiction located in the Commonwealth of Pennsylvania in Chester County. 7. Entire Agreement 7.1 The Agreement constitutes the entire arrangement between the parties with respect to the subject maw hereof- No waiver or modification of the Agreement shaIl be valid unless agreed to in writing and signed by all parties. The parries to the Agreement have otecuted it on the day first written above. CONTRA=D Thomas Co pany, Inc. DISBURSEMENT AGENT - Signed: By/Tide: A=A9:9 Bytridr. Paul Hill, COO Address: 22052 W. Everett Avenue Riverdale, CA 93656 99MZIW�� Suite 280 Berwyn, PA 19312 Addendum A to Disbursement Agreement By and Between Dayhill Group ad QND'frona -P IT Project: The Contractor and the Disbursement Agent hereby agree that they have entered into the Agreement for the following Specific Project - (Organic Removal, Water Quality Improvements Projects) (Canals #266 Doctory Ann and #290 Ave 1, Big Pine Key, Monroe County, FLI Estimated cost of construction, total disbursements and dravor It is estimated that the total cog of the Specific Project shall be ($1,839,905.001. Disbursement Account I . $#,IRMN;4WAU I I ;; :;I III :. i'A—MIT—WhOWMall De used TM7 pfffila—, as tile Disbursement Account ib the Specifil. Project idened in this Addendum A to the Agreement. The Disbursement Account shall be named and styled: (JND Thomas Company, Inc.)/JOrganic Removal, Water Quality Tinprovements Projects) Escrow Account� Dayhill Group LLC, Disbursement Agent for. The account will be opened utilizing the tiss&* �"rk �M— Aaaewm yt- the sole signatory on the account. Each check drawn an the Disbursement Account shall require two sig�atures- Ile Disbursement Account shall be solely utilized to discharge the Disbursement Agent's duties under the Agreement for the Specific Project identified in Addendum A. The Disbursement Agent shall not utilize the Disbursement Account for any other purpose. Fee: For services performed under Addendum A to the Agreement, the Disbursement Agent shall be entitled to receive a fee equal to the greater of Na of the construction sm. Based on the sum of ($1,839,905.00), the fee is JSI K399.001. The fee will be modifled based on the final construction contract surn at the end of the project if the final sum changes by more than 10%. Payment shall be made as follows: [Tbe above fee shall be paid out of first construction draw. Om 11L411 11111_4110111 =6 Ixtif Ito tourp TM clear to satl Wment- and will be due upon =iPL The parties to this Addendum to the Agreement have excIcuted it on the is first written above, CONTRACT11,11- INDTho C Inc. DISBURSEMENT AGENT, Signed: Signed- By/Title: Dedqdi 6 A4 V �/&M _ _ & ar4,� By Title: Paul Hill, COO Address: 22052 W. Everett Avenue Riverdale, CA 93656 XH_01$ftMementv52 Address: 1205 Westlakes Drive, Suite 280 Berwyn, PA 19312 MAIN OFFICE WESTERN PA OFFICE NEW YORK OFFICE Pittsburgh,651 Holiday Dr, Ste 300, Foster Plaza 5 300 International Dr, Ste 100 r Williamsville, NY 14221 •' O 536-0257 QL U! A r Attn. Il y IIII IIII 1 mas Riverdale, 93556 Re: Organic Removal, Water QualltV Improvement Projects, Canals #266 Doctor's Arm and #290 Avenue 1, Big Pine Key, Monroe County, Florida I . Watering project tor monroe County in the Florida Kep does Include a requirement for the use of funds control on the Contract proceeds. This will be admInistered through a third party funds control entity called the DayHJII Group. They will be In direct contactyou regarding agreements 1 processes. # },r �erPr�y.r AGREEMENT Between Owner and contractor i is - Made _. 20 ............. TWEEN the Owner Monroe County Board of County COMMIssionam 1100 Simonton Street The ♦ Building,Rown 2.205 Key West 1 ! _ M And the Contractor JND Thomas Company, 22052 W. Everett Avenue Riverdale.Y iT !Z- XiZi i._i1lL �[ I♦��j'e :`'{5� li�I�1 j M X : t X M f X t ♦: 1 X t i Scope of the Work The Scope of Work consists of removi 0 Anin muck i - Y fell •J i• i 1 Y ! !. 1 staging areas ! ntuMnYIn 1he design drawings, 1 r an approved alternate. 2. General Project Intent and Scope Provide : labor. iransportallon, survesupervslon'engineering, IMPROVEMENTORGANIC REMOVAL, WATER QUALITY PROJECTS. DOGTOR!S ARM AND #290 AVENUE 1, BIG PINE KEY, * -O Requirementsof all the work In accordance with the Contract Documents. T 8 Work shall Include but not be limited to that shown on the Drawings and d h ca 3. General A. Construction work times shall be limited to: 8:00 a.m. to 6:00 P.M. Monday. Friday. excluding holidays. 13. Contractor shall monitor and remain aware Of Potential Weather Issues and location and plan accordingly. C. Contractor shall be mindful of the residents in the am and plan and implement work accordingly to cause minknum disruption to the residents. Coordination of each dat(s worksbe done approvalfrom r ContractorD. The Scope of Work shall Include, but not be limited to, all work shown and listed in the Project Drawings. The Contractor Is required to Provide a Complete job as contemplated by the drawings and specitications, which are a part of this bid package. The hall labor, tools, equipment supplies and any other means of construction necessary or proper for performing and completing the Scope Work,unless otherwise specifically t' PROVISIONSMonroe County has made all reasonable elforts to obtain the required permits for been obtained, and tf there are addWonal permits required, is PMJ6cL The Contractor shall be responsible for ensuring that all required Pewmrml he them With payment by the County. the Contractor s"hall ob SPECIAL The following Special Provisions are Intended to clarity the scope of work, or highli features of the work, or madiry, change, add to, or delete from the General Scope of th Proposal Package. of a mix tank, hydro -cyclone, clariflar, and beft press. 2) The Y: M W designated disposal locationDiscountRackandSan. 10500 Aviation Boulevard, Marathon, FL 33050. 1313count Rock has obtained and WIN follow r Protectionn approved Florida Department Environmental Operating•rr:} ure for the handling of th organic fromCanal i 0 that details the mixing process to Insu that the testingresults show SaoCleanupTarget Direct Exposure Residential regulationsSand, and the final disposal of the organic material, meats all Ilocal, sta and federal for acceptance and Intended dredged 1011 ';: 2 of 1 ORGANIC REMOVAL. 3) If Dismunt Rock cannot be used for disposal due to federal, state or lo ' requirements or regulation, Contractor has located and win use altemca' disposal methods upon receipt of written approval of the Owner. alat 4) The Chemical amendments Solve 428 and 164 are the only polymers that shall be utilized for the projects. ■° Ii r_.r r'�Irlr r rr r:,1 rrllrr cr} 1+ •:.... w+ ■' rr r'!r rlri/i t.. Ir 1.,.., r.. adequately6) All spoil material not contained within mIl off Container$ must be c(Intelned r that contact of the spoilpervIoLm surfaces prevented. The dewatering area at Canal #268 will have a compacted gravel base In the area that dewatered material will be stockpiled. Tbe clawatering area at Canal #290 13 an asphalt which Is an Impervious material. Additionally, the requirements of the Florida Department of Environmental Protections (FDEPs) Eroskn Car*d Handbook shall be implarrIented by the Contractor, as Indicated on Sheet C1 10 section C of the design drawings. The pmjed area is located vAthin the range of the State rr rl ' • i IMPROVEMENTIRGANIC REMOVAL. WATER QUALITY DOCTOR .1, Such, AVENUE 1, BIG PINE KEY, MONROE COUNTY, FL and Federally Protected Florida Key Deer and 85 i Wildliferequires that staked erosion control hay wattles Or hay bales be used In Place of silt fencing which can hinder or _ - protected / r' X ,Sp material shall be Istaked 2 iPlaced -Contractor bale perimeter. Them will be no change order for Implementing storm water controls, as It VMS required In the RFP as Indicated above. 7) The landflill Specified for the disposal Of the large debris shall X- appropriately Permitted. Florida receive the solid waste. 8) The clean calcium carbonate sand that contains less than 6% ol' fines passing through a #200 sieve shall be sourced from: SDI Quarry Inc, 16100 S.W. 365 Street Florida City. 33034. DUB to the COntactoes concern, potential :rt: to permanent bulkheads, Contractor minimum of 5 feet W.'.,anyPermanent IstructuresanThis 5 d i docks), rea will beexcluded from requirement of removal of orgadc material to a thickness of 3 Inches or 1 begin i does not coitilict with the FKAA Sewer work In this r/ 22. 2015. A separate Notice to proceed is area,anticipated anticipated to be Issued fbr Canal #290 after f : between approval of the : y to the County Onfiftencs' for TenVorary -fbecomes effect I r SpecialPermitsfW Parcel # il 1!'i11l111 and 00110940-000D00 are obtained. If a Revision to the County Ordinance for TernPomrY COnstruc&W SW.cannot be obtained acceptable Staging on Canal #290 then the County will not authofte any work nor Issue a Notice to Proceed for i# 11) The Contractororganic Parcel ID: 001109W-000000 on Canal #290 at no additional cost the County. 12) The Contractor Is cognizant that Bawer Installation activities planned by the FKAA In the area will take Precedence Over the two organic removal r Contractor and County will plan and agree to the Work Schedule at no additional cost to the County. 13) The a"uift surveyto sediment/ _ frequencydual sounder, .. is and may include collectionof : f is W sedimentthickness readings i,.. Canal _ 9 1 probes are not required, however manual - utilized to valid : soundings survey f AG-REEMENf ... .............. IRGANIC REMOVAL, WATER QU Engineer The is: Areas Foster Wheeler , me. Marathon,Greg Coming Florida, 33050 Contractor314-920-8359 The Owner and agree as set larth below. The Contract Documents The Contract _Documents consistof this Arsearasot. r nnalonn&r responsibilityThe Contractor shall execute the entire Work described In the Contract Documents, excePt to the extent sPectfically indicated in the Contract Documents 10 be he of others,+ # Marathon, GG1 d 1319 Pine Key, Ft. �� ', IA RIIIVpI '43 -eats Common tl Y' • M } :M l � : - } it } } } F• t LAM • • } } !Y Yor spra lit h The a I dar date or dates listed in the milestone sch —ule. y }: :Y: damages : based 1 n Uw Substantial Compk&we for all Qw*o Wn da ,Ir ill }I 11 il'1: The Contractoes mcove2}es ang 4.1 The Ovvner shall PaY the Contractor In current funds for 1 - Contracto Performance of the Contract for the Rose cxpi?P� } L3.1 i ly Iy1 ■ _ . Y IN 11! Y!S 1! li.s• ■ Y 1 i 1 t 1111 14 f of 137 r+r ■- r �� . a -r r. r . r - F' • . i � _ lLt, X i�i vl : IM _ � X � r : r.F k . 1 ',,. _ 1601111111101U& all ! 113, Contractor shall 1 hr : payment5.1 Based upon Applications for Payment submitted by the Contractor to thn Sustainability Program Manager, and upon approval for :r by Sustainability Program Manager, k Engineer, PaYFnent9 an account of the Contract Sum to the oDntmcWr as provided below and elsewhere in the Contract Documents. 6.2 The period covered by each Application for Payment shall be one calendar month ending an the last day of the month. 5.3 Payment will Xmade by theOwner In accordance I the Florida Local Government Prompt • FsectionFlorida 5.4 Each Application _ be basedthe Schedule of Values submitted by the Contractor In accordance with the Contract _ _ f+ :./ -_ -H -r #X- ,h as a basis . a the / aor reviewing Applications I Applicationsfor Payment shall Indicate I: !! . # 1 ■...... �� - xi 5.6 Subject 10 the Provisions or the ContractDocumer4s, the amount of Progress Payment shall be computed as follows. eal # t .: e i • :: r: I: r l i •'. . N i P - '.r �.#i. :■ • is f :# r,,, # ! - i- ■ 4 00 -# :Y,,'. On the basisof - Subtractincrease, if any, respect to that change. 5.62 Add that portion of the Contract Sum properly allocable to mats is a stored off the site at a location agreed upon In writing), less retalmge; 5.8.3 Subtract the aggregate Of Previous payments made by the Owner, and #, any,for which the Sustainaloft Program Manager withheldhas or y a Certificate 5-7 # : of 10% will bewithhold accordance Florida Statutes, 5.8 Reduction r limitation ! rshall be as 71l n i exGmPt from and not subject to Florida Statutes 8, "public Construction 1 Reduction rlimitation shall is l 1ly at the fi I f i tli r. Psyment, cOnsfihJdngthe_ _unpaid balance of the Contract sum, shall be made by the Owner to the Contractor when i i 10wt it: of ORGANIC REMOVAL,IMPROVEMENT DOCTOR'S ARM # #M AVENUE 1. SIG PINE KEY. MONROE COUNTY, FL final approval for payment.! 1 i documents ... ! : 1required fbr Final Payment lti t (1) Application and Certificate for Payment Continuation (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contmctoes Affidavit of Release of Lions (6) Final Release of Uen (7)Contractor shallprovide twohard Copies In tabulated divl&i binders and one (1) saved electronically tabbed and Indexed in Adokm personnel.B. Operating and Maintenance data, Instructions to the Ownees C. Warranties, bond andguarantees. D. Maintenance E. Electronic copies of approved submittals F. Evidence of payment and final release of lions and consent of surety / final(includes - se ! m all utilities 1utility companies). MiscellaneousARTICLE 7 7.1 Where reference Is made in this Agreement to a provision of the General Conditions or another Contract Document, the refererr 0 amended or supplemented by other provisions of the Co c refers to that Provision as ntract Documents, 7.2 Payment shaft be made according to the Florida Local Government prompt Payment Act and Monroe 1 t .. 7.3 Temporary facilities and services. As described in Article 34 of the General Conditions. Monroe7.4 under contractis cocontingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person Or affiliate who has been placed on i; X f1 � ; e _ Y. : ofinsurance 4:;',.: , A certified copy of the actual insurance poul The County, I. sole : option, 2ht to ■. nsurancepolicies mustspecifyI sm i r 11 -Of 1157 The H.andfor approvalthe Contractor's Insurance shall relleving the Contractor ! ! _ construed bility Or Oblinatlon assumed u Ila The Monroe County Board of County R - • • ! • i Re Included *Additional _ p I X In addition. _ _ ' i fAdditional COMPENSATION7.62 WORKERS' Prior to the commencement of work governed by this contimct, I e Contra r shall obtain Workers' Compensation Insurance VAIIII limit$ sufficlent to respond to the applicable state statutes. In addition, theContractor ;, less Von: 044 #11 BodilyInJuryby a ! ent $1,000,000 Bodily Injury by Diwase, policy limits $1,000,000 Bodily Injury by Disease. each employee REQUIREDWCUSLH US Longshoremen & Harbor Workers Act - NOT WCJA Federal ! „ Emplayers Liability - Coverage !I V■ t e . R :! M ! R,,.. + 1.. : ■X ■ f ■.rg If the Contractor ! ! Y . +tea In_ in addit— on. e Contractor ma, statements R I e requl to submit updatedfinancial uponrequestX l i X 7.6.3 GENERAL LIABILnY INSURANCE REQUIREMENTS Prior to the commencement of work governed Ill-K-111I + _ ■ p PROJECTS, ...• ., AVENUE 1, _IG FINE KEY, MONROE COUNTY, FL Products and Completed Operations Blanket Contractual Liability Personal 8Liability rzxis / ! : I',, }r /PropertyDamage The minimum Amits acceptable shall be: rr C IlrPerson;rrr rrl ,_ #rM, rr rrrProperty rrr rr,rY Y�-or coverageAn Occurrence Form palla is preferred. If Policy, its Provisions shOu Include coverage fbt claims filed an or after the effective date of this contract In addition. If coverage is provided on a Clakne Made Ocv x X i InsuredThe Monroe County Board of County Commissioners shall be named as Addifiona� on all policies X F,' :satisfy C REQUIREMENTShe above requirements. 7.5.4 VEHICLE LIABILITY INSURANCE • . i i Y that the workgoverned The minimum limits Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and Include, as a minimum, liability coverage for a Owned, Non -Owned, and Hired Vehicles acceptable shalx r!r Irr Combined Single If split Oinks are provided, the minimum limits acceptable shall be: 500,000 per / $1,000,000 per Occurrence 100,000 PropertyDamage The r X i CountyBoard ofCountyCommissioners POLLUTIONInsured on 811 Pollotes Issued to satisfy the above requirements. 7-0-5 WATERCRAFT/ Watercraft Liability $1,000,000 Per Occurrence Pollution x r0r rrl Per Occurrence; rrl rrr Aggregate 7.7 MISCELLANEOUS: The following Items are Included in this contract AGREEMENT 1 157 ! ! ! ' ! : ' ■ FTA U4F I # r M _ _ his i / ♦ } ! r 4. /'., 1 I / f i \ : i M r... this agreement &wd or legal placeeoing, pursuant to Section XVI of C) Severablifty. If 8nY t0rm, covenant, condition or provision of this Agreement (or the a7=lka#on thereof to aT,,% L—."V14jLLu1Tdn�Ru—j-rF01 MIS Agreement snail be valid and Shall be erftrceable to the fullest extent permitted by law unless the enforcement of the remaining tOrYns, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original Intent of this Agreement The County and Contractor agree to reform the Agreement to replace any stricken provision _valid provision that comes as close as possible to the Intent of the stricken provision. imey's Fees and County Contractor A event any cause of action or adminletraffm proceeding Is Initiated or defended by any party relative to the enforcement or Interpretation of this Agreement the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevalling party, and shall Include attorney$ fees and courts costs In appellate proceedings. a) Binding Effect The terms, covenants, conditions, and provisions of this Agreement shall bind and Inure to the benet of County Y Contractor r their respective legal successors,# Authority.: M partyrep ntsandwarrants/ - other / the execution, AGREEMENTdelivery and performance of this Agreement have been duly authorized by all necessary 00500-Page ORGANIC REMOVAL,- QUALITY IMPROVEMENT•. i ■', AND i County and corporate action, as required by law. Ear. AVENUE 1, BIG PINE KEY, MONROE COUNTY, FL • legal counsel Of r:, choice • enters Int-r agreementOft voluntarily • Claims for • or State Aid, Contractor and County agree that each shag be, and is, empowered to apply for, seek I and 1 t! • °r - requesK I Yproposals, 4 funding solicitations shag beapproved disputesprior to submission. h) Adjudication Of Disptfts or Disagreements. County and Contractor agree that all and disagreements confer sessions between replresentatiyag of each of tha- 0 --Y t WATERORGANIC REMOVAL. QUALITY IMPROVEMENT DOCTORS ARM ■PINE KEY, . OE COUNTY, FL other provisions the parties to, or the subject matter of. this Agreement. - apply F k) Covenant of No InlarasL County and Contractor covenant that neither presently has any Interest, and shall X acquire anywould manner or degree Ph Its performance under this ! _ ment and that only Interest of each is to perform and receive benefits as recited In this Agreement 1) Code of Ethics, County agrees that officers and employees of the County recognize # wig be X : ! to comply Memployeesdelineated In Section 112-313, Florida Statutes regardir-9. brAr.t -4111-2it mrwctta I or acceptance of gifle; doing business with one's agency', unautharLmd compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure Of use of certain Information. No Solicitation/Payment. y unty and Contractor warrant thak in respect to Itself, It has neither employed nor retafned any company or person. other than a bona fide employee worMng solely for it to solicit or -2 t # # y n) Public Access, The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials In itr possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made of received by the County and Contractor conjunction this Agreement and the County shall have the right to unilaterally cancel this Agreement upon violation of this provisionby required to: exempt(1) Keep and maintain public n%xuds that ordinarily and necessarily would be required by the public agency In order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed ft cost provided In this chapter or as otherwise provided by (3) Ensure that public records that are exempt or confidential and from public records disclosure requirements are not disclosed except as authorized by (4) Meet all requIrements fbr retaining public records \transfer, atno cost IE the public agency all public records In POSSO"On Of the contractor upon termination of the contract and destroy any Y. exemptte public records that are exempt or confidential and +..... public records disclosure ORGANIC REMOVAL, WATER QUALITY IMPROVEMENT PROJECTS, CANALS #266 DOCTOR'S ARM AND #290 AVENUE 1, 810 PINE KEY. MONROE COUNTY. FL All records stored electronically must be provided to the pubuc agency in a fbrmat that Is compatible with the information technology systems of the public agency. • of • estanding the provisions of Sea. 768.28 Florida Statutes, the pa F:J ik — i Y .k F' X ■ L Privileges#Immunities.Of the Privileges exemptions from laws, ordinances, and rules and pensions and relief, d1sablifty compensation. other benefitswhich apply to " activity of officars, agents: Or . ! ofanyPublic Performing respective M I• _ under• Agreement within i he territorial limits of the County apply Y _ dogma andextant1 ! ! i shall f such functions and dudes of such Officers, agents, volunteers,employees +• theterritorial fimftsf the unty ■Legal Obligations and Responsibilities. construedStatutory Duties. This Agreement Is not intended to. nor shall It be relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of 8"tual and Urnely Performance thereof by 110 con nal or duties of a C250 law. ids constitution, able statute, and Non-Rerlance A Non-Partles. No X erwn or entity shall be entitled to rely upon any of i • f t• X i +A ■ _ _ r + ft7• - + Y or benefit A_ serviceX Programcontemplated X the CountyY the Contractor Contractor or any agent Officer, or employee of either shall have the authority to Inform, counsel, or otherwiseIndicate that any particular Individual or group of Individuals, entity underor enOtles, have entitlements or benefits this Agreement separate reasonInterior to, or superior to the community in general or for the Purposes contemplated In this Agreement. a) Attestations. Contractor agrees to execute such documents as the County may reasonably require. Including a Pub#c Enft Cdme Statement, an Ethics Statement and a Dfug-Free Workplace Statement. t) 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 X - execution of !- AGREEMENI ii.. ii -:! A 7'... !■ ■` • :� • +• • ■ i r I_' � f • I I: r i . i t CaTrEnstances. ilat occur during the term Of this Agreement. this section vAll survive the expiration of the term of this Agreement or earlier : 1 . this R. In the event the completion of the ProJect the wo* of offiers) is delayed or suspended as a result of the Contractors +• failure purchase or maintain the required Insurance, the ri - resulting Contractor County +r .:Increased rom such delay. In the event the completionof : • i _ ■ 1 _ 4 rk of others) is delayed or suspended as a result of the Contractor's �Contractor i. nify Yhe County from any and all increased - ilure to PUrchase or maintain the required F" the upenses resulting fmm suchdelay. The first ton dollars ($110.01)) of remuneration paid to the Contractor is for the Indemnification provided for above. The extent if liabilityIs In noway limited 4reduced, requirements contained w) Section Heading& Section headings have been Inserted in this Agreernew as a matter convenience of reference only, and it is agreed that headings - - iX i •: Of Agreement1 any provision of DisadvantagedBusinessEnterprise (DBE) Policy and Obligation. It is th r - policy of the CountyDBEs, defined AGREEMENT 005MPage IS of ORGANIC REMOVAL, WATER auALiTy IMPROVEMENT-■ JECTS. CANALS #266 DOCTOR'S ARM AND #290 AVENUE 1, BIG PINE KEY, MONROE COUNTY, FL the opportunity t/!: I it ite in the i s t _ r- Of .. R 4; P i - - - - �# : ! ..,1 . R ! 4 • i - i - R is R 1 • # Y 11: M; ! I ! _ ■ is I _ ; i R'., i * !' OTYtnuacm, ernere!.- this - Agreement Agreements I Subcontractors. event that the Contractor subcontracts N or _ of the mork In this project to any third party. the Contractor specifically agrees to Identify the COUNTY as an additional insured an policies required by the County. In addrdon. ftt� • _ . f II; pi AHMMU Termination f 2.1 The Contract may be terminated by the 0,wner as provided In Article 14 of A General Conditions. i ■ III+ u� IIIIVI'i 1 it 9.1 The Contract Documents Include those enumerated in ARTICLE 1, except for Modifications :! after; of Agreement3.1.1 The Agreement Is this executed Standard Form of _ iContractor. 9.12 The General conditions the - General Conditions Contract i Supplementary9.1.3 The her Conditions the Contract_ -_ contained In Numberthe Project Manual, which is a compilation of the Contract Documents and other modifications after execution of this Agreement. 9.1.4 The Addenda, W any, areas follom: y 'Ilffii� m mommsm, =I, M mmn�� U. 1 . . AfternateNo.l: NotApplicable AGREEMENT . ... ... 00500-Page 20 of 157 AfternateNo.l: NotApplicable AGREEMENT . ... ... 00500-Page 20 of 157 IMPROVEMENTORGANIC REMOVAL, WATER QUALITY DOCTOR'S ARM AND #290 AVENUE 1. BIG PINE KEY. MONROE . This Agreement Is entered Into as of the day and year first wiffien above and [a executed in at least four original copies of which one Is to be the Contractor. delivered i SIGNATURE OF ■ t THE DOCUMENT AUTHORIZED TO SIND THE CORPORATION. Attest Amy Heavifin, Ck* # • - r OF ■ M MMIMONERZ OF MONROE COUNTY, FLORIDA �� i J+ STATE OF COUNTY } ■ 1�1�IA1�+LF 91 On this day of �,,� i before.r,- Psr$DnsftY appeared!, -`L31 knownPerson . } _ the whoseis As Identification, and acknciwWged that halshe is the M _ ! }executed the Floridaabove contract with Monroe County for the Organic Remml, Water Ouality Improvement PrG]ect3, Canals #266 Doclor's Arm and #290 Avenue 1, 819 Pine Key. Monroe County for Purposes # �iy By r T.--iTJ } r. Public w Mmm mm Name C - rl 11 - GENERAL# Section 00750 General Conditions Section 00970 r and Health Section00980 s 16 /! Quality_ Control i Section 00990 Special Conditions Section 01010 01015 Contractors Use -of the Premises Section 01027 Application for Payment SectionSection ! 4 Alternates Section 01040 Project Coordination 01045 PatchingSection Cutting and Section 01050 Field Engineering Section 01200 Project Meetings SectionI ... 01 Submittals Section01310 Progress Schedules Section 01370 Schedule of Values Section01385 Daily Section 01395 Request ! r Information — (RFI) Section01400 Quality4 1 i Section 01410 Testing Laboratory semices Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01550 Access Rands and ParWng Areas Section 01660 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction ! 1 •Cleaning Section01600 Material and Equipment Section 01630 POst-ProPosal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section1 Pmject RecordDocuments Section 01730 Operation and Maintenance ' MI . 1 .n 4+ WarranI ... .......... ........... t ConditionsGeneral I. General Provfslons 2. Owner 3. Contraclor 4. Administration Of c Contract Changes5. Subcontractors 7. In theWork a. Time D. Insurance10. Protection of Persons and Property and Bonds 12. Uncovering and CorrecVon of Work 13. Miscellaneous iiiiiiiiiiiiiiiiiiiiill III IN SECUION OQ750 COGENERN r • r r UUSKZ��= 1.1 Basic Definitions r r r_ i A •..IA :i• !r t i Y _ • A I _ f:lr { • 1• Y: - M I , i A 1 i I vs WOnS. r r -schedules•,',. diagrams, 1.1.6 The Specifications:SPOCOmIlons arethat portion of the Contrractr r it men consisting of the written requiraments for materials, equipment, construction workmanshipand Work, relatedsw%tices. volume1.1.7 The Project Manual'T"he Project Manual Is the I assembled / which may Include the proposal requirements. sample forms. Conditions of the Clontract an !: I. i' REMOVAL, i .#...: `i W ■ i ` i , • 1 11.4 r 1 1.4.1 Terms thew General capkaowd inConditions ofnumberedartiClesarid Identified falefwcss to Paragraphs, SubParegraphs and In ft 8_ Clauses document t - 1 y Y r Y !M Y 1 Interpretation1-5 1.5.1 In the '"terest Of bnwkY the Contract Y Documents frequently rmodifying 1 1 such as *ar x- i 1 !_ • or absent t statemenj and _ appearstl I OWNER Definition2.1 Z1.1 The Owner Is Monme y.term i authorizedwn0y" means the t, i Owners _! 2.2 Information and Services Requlmd of Me CWner 222 Not Y i r; r applicable Informationx:,under the Owners reasonable 2-2-5 Unless otherwise Provided in the Contract two (2) original _: y x r Y _ -lectmnic Documents,!- r 1_ ! x r _ r I tiYY f i r : ! M !1 i r f r • ■ 1 r ORGANIC REMOVAL,- QU-♦ ■ Z4.1 If the Contractordefoults or neglects to ca"Y 09A the Work in accordance with r_ I :r 3.1.1 The Contractor is the person orentity Ident1fled as such In the Agreement and is referred tothroughoutAgreement Contractor # The 8 « # the Contractorsr the authorizedrepresentative, 31.2 The plural term *Contractore felem to personsor underi , of the Contract that am perform !: 1; other and with Information31 Ravlow of Contract Documents and Fleld conditions by contractor 3.2.1 The Contractor shall carefuoy study and compare the Contract 0ocurnents vAlb each • Y Owner # i. , • rr' r •:!: f ORGANIC rs M �■. .� any discovered variations or deviations 3.5.1 The Contractor IE R 1 f Managerd AMEC i _ ;a materials fequipment furnished under the Contract will be Of good ciusky and now otherwise requiredpermitted _ WDocuments, 's r t the Work wVI be free i defects r I quality required or permitted and that the Work willconformthe requirements of the Documents. Rr Contract Work notfr i these_ 1 Including3 Contactoes warranty excludes remedy for damag ubstitutions M property approved r • R3 r.r _ - or defect by abuse, modifications R executed by P .,, r• Improper normal wear and tear under normal r _ _ the Contractor evidencefurnish satisfactory tothe kind and quality of materialsand equipment. 3.6 Taxes 3.6.1 The Contractor _ pay sates, consumer, use i _ _ thereofProvided Contractor which - legally - Ir Countynegotiations concluded, whether or not yet effective or merely scheduled to go Into efect. 3.7 Permits. Fees and Mottoes 3.7.1 The i __ appliedr/AMEC has for POMIML However, the Contractor 27f-�- buu, orw4r=;W,�l enff-.a having Jurisdiction over the project. fbr the PrOW execution r completion: Work execution of the Contract 1 which are legally: r : i at the time bids am received. 3.7.2 The Contractor Shall complyand give notices required by laws. ordinancM rules, regulations and lawful orders; of public i besting performance the WorlL M the r, Wresponsibility Y1, a rtainI Contract Documents However,accordance with applicable laws, statutm ordinances, building codes, and rules and r- t : r that observes ri Contract Documents variance therewith. I Contractor Promptly r !notify_nebilly, Manage • 1writing, r i,',. C. rrr 1 R . r 1 rl'-r r t.R rW 1 e • . y,, r F,, i codesr . • . r notice to Sustafnabilfty Manager, AMECtEnginser and Owner.! !zhall bear the attributable costs. shall sasuma full responsibility for such Work and Superintendent 3-91 The Contractor shall Shall i_ I is _ - employ.;r ry # ContractorY 1 his y. 0 1 contractorts construction 3-10A The CantractMPEOMPHY being awarde_ Contract shag prepare and submit for ContractCOntractoes Construction Schedule for the Work. Such schedule shall not exceed time limits current under tbe Documents. I W :.: be subject to Su"nabft Manager's approve. YThe Contractor shag emnarntA 1*77 t ! 771 # } ! I ' •inear f conduct meeting meeting per week In each month which, the Contractor shelf attend. At this meeting, the parties can discuss jointly such matters as progress. scheduling, and pmbtem& 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Draw[nom. Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to SustaInability Manager and AMEVEngIneer and shall be derhiered to AMEVEngineerfor submittalto the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are dra aie 4; the Contractor or a Subcontractor. Sub -subcontractor. manufacturer, supplier or S # •' distrilbutorto Illustrate some portion of the Work 3.12.2 Product Data _ • _ standard Instructions, brochures, diagramsX other f Ik equipmentportion Samples3.12.3 i #- �,oes and establish standards by which the Work will be YRf#' Drawings.VZ4 Shop Contractt Data, Samples and sknilar submittals am not thoseDocuments. The Purpose of their submittal Is to demonstrate for portlonsof the Work for GENERAL. M • OF -CONTRACT 00760-Page 30 Y which submittals__requiredContractor r} W i: Y -nd Y! r r i 51• AMEC/Englnew Is subjsd 10 the limitations Of Subparagraph 4.6.12. Review by 3.12.5 The Contractor approve_ 1 ! ' rr •i_ ome 3.12.6 The Contractor shag r: } portion r 1 - r "Wit-wU' 3.12.7 By approving F 1 Drawings, submittals. the Contractor represents thof the Contractor rr isr.. r.:_ and similar fleld has determined and verified materials. relatedand measurements and field wn$Mx&m criteria thereto,do so, coordinated the Information contained Work and of the Documents. ! f the Contract Contractor3.12.8 The ll 1: ralleved r ofresponsibility} the Contract 1 • }e X Y- deviations val Y Da Samplessimilarsubmittals the Contractor inablillity Manager and AMECIEnginser In writing or such deviation s of submittal AMEC/Engtneer has given written approval to the specific deviation. Contractor r.,. be ■of responsibility for Shop 1 raw4Vs, Product Data, Samples or simflar submittals byAMEC/Engfnear's approval thereof. 3.12.9 The Contractor shag direct specific attention. In or an resubmitted Shop f . Data. } writing to rev1slons other than those requesiod by Suatainablifty Manager and AMEC/Englnaer an previous submitials, 1Informations[.} Identifiedn wh[O AMECtEnginner are not expected to take responsive action may be so theContractli performance3.12-11 When professional certification of criteria of materials. systems 1 - Fj:rr Y- 1WF IT rori r-calculationscertifications. 3.1Z12 It materials specified In the Contract Do nQS to r I } -40 Wkv 1 _ by the Owner. * approval 3.13 Use of Site 3.13.1 The Contractor shoo confine operations at the SRO to areas Permitted by law, ordinances. Permits and the Contract Documents and shoo not unreasonably encumber materials at ! Y 3.132 The Contractor Contractor's operations IPP(oval of. AMECIEnginaer before using any portion of the ads. ! 11 ■...... i M 1..... f t' • 1 t I ■ R .t'.. Y! i• 1 • I R 1 1 R • R R - f i R4 f R_ NI Y R , _ - 1 • , - IF N ■ ! the Contractor. era approval Ithe costthereof 3.16.1 The Contractor shall Provide the C)wner, SustainabW Manager _AMEC/Engineer access to the Work inpreparation 3.17 Royaltivs and Patents 3.17.1 The Contractor royalties Infringementof clakns for rightshold Owner, AMECIEnginser hannims from loss an account thereof. but shall not be responsible for such defense or loss when I, particular design, Process or product 1 Particular manufacturer manufacturersrequired W _ContractDocuments. • Contractor mason OW ellerve, that the required • process r t Is so Infringement R patent. Contractor responsible Nsuch ihe • AMECMnginser and Suftinabft Manager. i Indemnification3.18 ding arty minimum InsuTrrilt N . *'... I i :'.... Y _ Y• M- .. Y r Y] _ I- Y! F: :.X i s i r i 'F I W: �,Y 1 I i f -.! M _ M1i i✓_ f - r,:' is 11..• .* �.,,.#- eX X W. earlierlernk Wn of tMaAgreement. In the awnt the completion X the project (Including I Y i delayedR:- suspended of I Contractor's to R • or maintain y required Insurance, the Contractor shall lndemntfyR any iall Increased expenses _ ItiR',. fromF delay. In the event the completion Of the Project (IndudIng the work of others) is delayed or suspended _ r Y failure R purchasetherequired Insurance, the Contractor shall indemntfy the County from any and all incre expenses resulting X m such delay. 'The first ten dollars; ($110of remuneration paid to the Contractorfor indemnification provided for above.' The Went of liability is in no way limited to, reduced, or lessened by the Insurance contained elsewhere within this agreement. 4.1 AMECAEnglneer R r i _ _ Documentsnumber. person4.2.1 Sustainabilly Manager Is the to throughout 1 r >rr x' Y', - .xr County Suste[nabloty program Manager or Sustainablifty Manager's authorized representstive. r : 4.3 Duties. rewnsibilitles and limitations of outhorily of :•r- R AMECIErigineer as _ i -r.; iir r - - F :r - Y .-W +.. r NF of the owner, S : r- I : ! inablIKY Manager. Engineer and 4A In case Of termination of employrnent REngineer,_ Owner shooliiEngineer whose status under the Contract Documents of _ 4,5 Not Used A AdmInlobaflon the Conlyto : ! f 1 • • Y ice: Imm ■ ■ ■ _. rr r •,•: ORGANIC REMOVAL. -. Moll R- — Ar \1 • y # - W _ 4.6.14 Following consultallon '1 @- MI r _ x 1- - h , is • r f i r _r; r } A Y I f f f M • _ h i M 115'awner and • h out A i r rF ■ :�ROM ■l " 1131 EMT■ r = . , r■ ■- -11W i A-r Pa and that weather conditions had an adverse effect an : 1 construction. or darnl"lury or Dam"a to Person or PrOPOft If either PartyY the Contract — age to person or property bemuse of an act or om!7c,1.r 1 # ! Y \ .V I1411 • _ is ! FEND • f r - _ Y. ilia, r Subcontractor Peftnn a portion of the Work at the sft The term 'SubcontractOr" is referred to throughout the Contract Documents as If singular In number and means 0 Subcontractor or an authorized representative Of the Subcontractor. *Subcontractcedoes not Indudeother Contractors or subcontractorst on of the Work _ 1 Indirect contract Subcontractor tt the site. The term Su referred to thrountractoro is o perform r hout the Contract ■ Y Subcontractssubcontractor or an auftrized representative of the Sub -subcontractor. 5.2 Award Of and Othw Contracts fbr Portions of the Work 5ZI Unless otherwise statedin the Contract ■rx uments or the bidding requirements, the Contractor, as won as practicable after award of V% Contr ct shag furnish In g to Sustainablilty Managerfor by the Owner . e:' •persr #,:1. c� . # entities (Including those who are to furnish In-WaSugalln. nBs reasonable objection to any such FIMPOsed person or entity. Failure of Su3tainability Manager to reply promptly shall constitute notice reasonable •.Y - FI R.. R v •Contractor shallnotcontractproposed contractSustaInabft Manager has made reasonable and timely objection. The Contractor shall not be required to ith •', _ !whom theOwner or reasonable r made 5.2.3 If the Owner or SustainabiRty Manager refuses to accept any person or entity on a Not submitted by the Contractor In response to the requirementsof the Contract Documents, I Contractor ;�submitacceptable •. , however, no Increase In the Contract Sum shall beallowedfor arrysuch subefflution. ' *17A ■ ■ I - . IRGANIC REMOVAL. WATER ■ UALITY JMP2,D-%rztfF-t=, 5.1.3 It shall be the responsibility of W I: I• to coordinate Ithe work reasonableother contractors on the site, The Owner and Su$Wlnabft Manager shall be hold harmless for any and all costs associated with Improper coordination. IL2 Mutual Responsibility 6.2.1 The Contractor shall afford the Ownees 0" forces, AMECIEngInGOr and Other A ! :W,r I • krr - I Y A construction and operations with theirs as required by the Contract Documents, part ofthe Contractor's proper 4:AMECfEnginger uponxr !r r I • - I� ! r it r !Y # A r 1 •#f. '11 6.2.3 Costs caused by delays or by r .r:rly timed activitiesdefective Nr nstruction shall be borne by the Contractor. The Contractor's sale remedy as against the Omer for cost mused IN d WA-JIII: &M-falms and • # have reciprocal tr 6.2.6 The Owner and Other contractors shall have the same responsibilities far cutting and patching as are described for the Contractor In Paragraph 3.14. 6.2.7 Should the Contractor contend that he Is entitled to an extension of time for completion i r - I iW 1s r• i# # -,r # - delay(72) hours after the condition r theconsiderationProsecution any i extension of time thal the for—,oing 22a r an ContractorContractor falls to comply, he shall be deemed to have welved the cla". 2 The • thatwhetherW delay. . W. of the basis for an extension of I r #MN 01 cause,# :W W Interruptions R r: r R _ R. r xM I M4 . ',M i� 11 R i1: r Y R - I � as ziumainal7ty.Tanager delerminij 1 4: JUEL 1....... :.. i _ Y f i ! r_ is R rjr R IN-7-1veor change Iii-the r�subject:Ir stated Article -7 and elsewhere in the Contract Documents. Order bebasedupon agreementowner, R : Contractor, an order for a minor change in the Work may be Issued by AMECIContraclor alone, Provisions7.1.3 Changes In the Work shun be Documents, r performed f r! 9 Y promptly.•unless_ otherwise Change Order. Construction Change Directive or order for a minor change In the Work. 7.1.4 9 unit prices am stated In the Contract Documents or subsequently agreed upon, and If R', W.R proposW cause substantial Inequity to the Owner or Contractor, the applicable unit Priem shall be equitably adjusted. change Order itten 1Instniment prepared 4 AMECIEngineer andsigned by ,. f - i 1 1Manager -nd Contractor statingtheir agreementYIall of RAY f. .2 the amount of the adjustment in the Contract Sum, If any. and 3 the extent of the adlustment In the Contract Mme, if any. 7.2.2 The cost or creditR Owner resultingchange_Work shall be determined In one or more of the following methads; GENERAL CONDITIONS OF ONTRAcT 00750. authority.1 mutual acceptance of himp sum proprly fteroLted arid supported by sufficient substantiating data to permit evaluation and payment and approved by the appropriate 2 unit prices stated In the Contract Documents or subsequently agneed upon. and approvedappropriate I writing; .3 cost to be delarminad In a manner agreed upon by the Parties and a mutually acceptable percentage .4 Or by method Provided In subparagraph e . ! Y 0 ! X _PTIM - y 1 t figured on YSW I not Increrjost, N any wlth respect to that choose. 7.2.4 The actual cost of Changes In the Work May Include al Romelabori material. tools, and equipmentactually pro ratscha # i• are ordered _amountcredit shallbe nott'i to Owner_definedIn sectionof Contact Items consideredas overhead shag Include bond i s other _ rbonds,_ a . _ _ _cleft, watchman, X f smog ws. miscellaneous Incidental jobcosts, - - G:.: ' general ,y melfield office expenses. _actual YChangesthe (other 1 by forth In the Contract Documents) shall be computed as follows: e Contractor performs the actual # percentagerK the maximum mark-up for overhead Y c X 1,'. percentageprofit overhead Y profit shall percent i mark- up GENERAL CONDITIONS OF CONTRACT 00750-Page 42 01157 n '. .,,, - . ' . 'i. does not Perform the Work, the maximum mark-up for managing the Work WID be five percew 3. it the Subcontractor pedom actual Wodr� his part of thepercentage overhead and profft shall be a maximum addition of : on direct the Contractor performs Part Of the actual Work. his percentage lY foroverhead1 profit additionshall be a Maximum Percentan direct only. 7.2.5 The Contractor shall r r i } _ r1 1: Manager, Managercomputing the value of any change that might be ordered. Any additional supporting documentation Rquasted by Sustainablifty, car# r quotations or t M'.:shall ided by the Contractor to Sustainablifty Manager at R additional r given7.2.6 If the Contractor cJaI= that any Instructions YAMSVEnglneer, Y drawings ',.. 1. ylr: Manager } } _ } ',,I :F y i / . involve extra / written ive thereof within five (5) days after to receipt of such instructions and before Proceeding to execute the work. except in emergencies endangering life of Property, In Which case the Contractor shall proceed in ec=danoo with Paragraph 10.3. .1 The written nO006 to Rlilly Managerfor Work shag Include complete description of the extra Work the tOW cost and a detailed ost b _ • Y R - # R i ii c requ= to bePerformed. is shag be limited as specified Exceptas otherwise _ Y- Provided, allowed untess the complete notice specified by this i Y by the Contractor. 7.2.7 Unless Otherwise agreed In wriling. the Contractor 911all carry an the r YI Work 49 progress during /r irF• -i continuei make payments tothe Contractor accordance Y I accordance Yf.:1 Contractor «r f/: is rdaily i r,subparagraph .- dispute or claim Item. 7.3.1 AMEC/Englneer WE have authority order minor adjustment In the Contract sum or extension of the Contract Time oInvolving Intent Of } not Inconsistent with the Contract Documents. y written order issued through } shall carryR Contractor. Contractor LO TIME ILI Definitions Provided, « r Period adjustrnants, alloW In the Contract Documents for Substantial includingI . k : CompletionWork.. which the i s #. entities Y r- �t • - r -r I i I f r 8.1.3 The date of SubsUmMI Completion Is the date carKed by SustaWpbft Manager In accordance with Paragraph 9.& 8.1.4 The term # as # _ContractDocuments 8.1.5 The Ownar/Suslainability, Manageril: as to whether Substantial &2 Program and Compl#don 8-2-1 111me limb stated In the Contract Documents are of the essence of the Contract. gy for performing the Completion has been achieved and certifies the date to the Contractor. EL12 The Contractor shall not knowingly, except by agreement or Instruction of the Owner In wrftln'. Prematurely Tca X X I W Y Delays8.3 W i hangeSuslainablfty Manager may determine, Iny no Cos accardence with subparagraph 6.2-7. 8,3.2 Any claim for 1 !'i time shallbe In X to SustainabliftyManager not Y - 1AM claim for an IncroaKe IT, tip r'1JTJ-i- UP"" For extensionsor Pursuant -Paragraph Construction Schedules. 8-3A 11 the Project Is delayed as a result Of the Contractoes refusal or failure to begin Work on the Of Ir !. _ # : is f : i } ! # I c VAL. WATER QUALII;J?. ■ ,, vPAYMENTS AND COMPUMON 9.1 Contract Sum 9-2 Schedule of receiptand car* the amounts due an such applications. 9.4.2 After the AMECIEngineers of athe Project Applilcalion hiapproval to the sustainOWNty Manager for the W ! ! _ to k yfor such amount as_ er recommends W - R'' I y� ! f .h �r Y !y Wr L Withhold9.5 Decisions to R # ! CO"leted within the contract lallurB to Caffy Out the Work In accordance with the Contract Docsrsents. No Payment shall be made uthe r1 of compliance _Contractor, Y _ rf ', cefflc8tes Of Insurance f • _ _ R: nce Ownerf Ill the reirements been : r wfth the ty Manager. .52 When the above Masons for withholding appmvel are for amounts previously withheld. removed, aPProval YAN be made 9.6 Progress Payments s! !'Ili VIM 1 M !1 1 ZVA if, ! �! ! been made or me restoratiort far any damaged material, or as a vralver of the right of the Owner at SusWnabgy Manager to require the fulfillment of all the terms of the ContracL 9.6.8 Except in case of bone We disputes, or where the Contractor has some other justifiable i s I Y h x r x W G _• # I _ I: r :i W_ _ f_•f r M' fsamentJ _ :ontracta,alsorequIre each Subcontractor Substantialpayments to his suppliers and Sub -subcontractors In a similar manner. 9.8 9.8.1 Substantial Completion Is the stage In ft progress of the Work when the Work or so the ! ! F' r utilize the Work for Its, Intended 9.02 When the Contractor considers that the r Work.portionOwner L IL MR WE M r I rl. - _ p,. the Work or designated portion thereof unless otherwise provided In the C of Substantial Complatiom The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance at responsiblIfts assigned to them In such 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon applicationby certification I / ' Y 1 the !shall Ipayment.i,.adjustmentManager, Occupancyk or portion thereof as provided In the Contract Documents. 9.9 Partial 9.9.1 The Owner may occupy _ any completed or partially completedportionthe Work at any stage when such portion Is designated by separate spreernard with the provided consented i'... by the under Subparagraph :R 0 :. GENERAL CONDITIONS OF CONTRACT 00750-Flage 48 of 157 # _• # # 11 A 16W%, 11.3.1 and authorized by public authorities having Jurisdiction over the Wo& Such partial Work to be used In order t# deterrwne arld mcord the condftn of the Wn& 9.9.3 Unless otherwise agreed upon. partial occupancy at use of a portion or portions of the Work shall not constitute ptance of Wo* not cDmpVng vWth the re4ulroments of r Contract D,., 1m - I r... 9.10 Final Complo0on - � rt•r # .SIX _ # t '.I .I•X :I , _ # •k } i X r r + 16 (1) Application and CoMicate for PaymeM (2) Continuation Sheet ref • * -■ i. Affidavit(3) Caltificats of Substantial Completion (4) Contractors Debts and Claims Contractors of (6) Final Release of Men It 2 A. Pmjacl Record Documents (As Built , B. Operaft and maintenance C. Warranties, bond and guarantries. 0. Keys and keying schedule. materials.E. Spam pods and maintenance submittalsF. Electronic copies of approved G. Evidence payment _ • final release of iconsent Of i identified final rele"z constitute a Welver of claims by that payee Pt those previously made In Writing and ;,, finalApplication for Payment. Such shall a _!additionI _ _ described Subparagraph 9.11 Payment of Subcontractem 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Sustafnabft MensuerI I" a i. -r } _ . f it -r •ter ,} r _ 5 in an its _ i . mubcontoctons and T. I �',, - ■ ■ ',, ■ ■ 1 ■ ',,' imp .9 Smf@tY Precautions and "rams ! 1 sarety- precautions andProgramsI connection r r I.rmance rf th-0 ContracL The - Contractor programshall submit the Contractor's safety 1 AMECIEnginew for review,approval counfination with the safely programs of other contractor& r 12 . ; r is -AO GErVERAL CONDITIONSOF * r r.. r i l '. I �r � • / f / til + a. Promugaung safety res and aware andusers/adlacenty : 10-7-4 When use Or storage Of explosives or other hmrdaus materials or equipment or n the iW Y es organtration v, site whose duty Shan W e i.,,, r Y Y . This person shall be the Contractoes is otherwise/ writing the Owner, or Sustainablifly,Manager. # Contractor7 The aluill not load orpermit construction 1 be _ it as to endanger its safety. 10.3 Emergencies 10.3.1 In an Conbractor's emergency affecting safety Of Persons Or PnJPGrlY. the Contractor shall t, at the discration. to prewnt threatened damage. injury or loss. Additional compensation or extension of lime claimed by the Contractor on account Of an emergency shallbe determined 88 Provided In Paragraph and Article Sea Section W970 for minimum requirements ollob silesafety plan. 11.0 INSURANCE The Contractor subcontractors Y r _ - -. ! Ythe Contractor. attachedSubcontractors to obtain insurance consistent With the 11.1.2 The Contractor be permitted to GENERAL CONDITIONS ......... ■ ■ i ORGANIC REMOVAL,t OUALITy OEM # # 11.3 Pubilo ConalrucHon •,ft Ccnsttuction amountYthe rpstoon i 12-0 UNCOVERING AND CORRECTION OF WORK 1 UACOVOrIng of Work :r I w i X I 1 i 1 i it i hjt i r hX i R R i •+ i R : x • Contractor nor accepW by ft Owner. 12-2.4 If the Conbactor falls to iconedx « R. .rr « : i I i time, i i • 1. � - R 1. is r: hl._ ■ - . _ •ii It ! _ _ _ f: _ _ r IX ri R i ' REMOVAL, whether1225 The Contractor shall bear the cost Of correcting destroyed or damaged construction completed or partially completed. Of the Owner conection or removal at wo* which is not In accordance Contractthe Documents. s• 12.2.6 Nothlng contained In this Paragraph 12.2 shall be Umbdon with respect to other obligations whick the Contractor construedto establish • i''... • _ kr r ' i ! W•,, proceedings establish the Contractors liability with 119913ed to the Contractwe obilgations other than sPeefficaRY to cormot the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 Of the Owner prefemto accept r7w - - hr tl• :e r i 13-1.1 The contract shall begoverned by the laws of the State of Florida. Vanua for any claims at dlspule3 arising under this contract shall be In h «, 13.2 Successors and Assigns 112-1 The Owner or Sustalnebility Manager (as the case may !:and theContractor Mh_ _ binds himull, his partners. tons._ X.:p .• -r 11 iFi f` • 1 f#• ach h. « le without tho written Contractor 13.2.2 The h! _ assignies due to _ 1 � r written nouass! h ! _ _ ler If i M _ ,•1 V.RGANIC REMOVAL.`•IT oR RA For Owner Sustainablilty Rhonda Haag 102050 Overseas Highway,W Key Largo, 33037 HalliftRhondiftonmecou1 13A Rights anti R&F"Wee County Administrator Roman Gastest tr Simonton SL, Ste. 2-205 Key West, FL 33040 . # 1 I r remediesImposed Y_ by action13A.2 No or leflure to actby Manager,i i ! I - EX I'S r 13.5 Tests and Inspections - 4 r •.. r r W. x I I •, R _ _ r r R I - r-xl• _ i_ IW receivedme requ ments until after bids 0(0 or negoda*ms concluded. public Jutisdicton determine that rR the Sustainampty ManagerOwner,_ Contractor_ arrangements additional testing, Inspectionor approval Contractorgive timely are to be made so AMECIEngfneer may observe such procedures. The Owner shall bear such costs except as providad In Subparagraph 13.5.3 If such procedures r inspection or W i r l Contract13.6.2 Reveal failure of the portions of the Work to comply with requirements establithed by the Omments, theContractor ! eer all costs made necessary by such failure including those of repeated procedures and compensation for AMEC/Engineees servicesT,, unless13.&4 Required cartillicates of testing, Inspection or approval shall. otherwise required by the Contract Documents. be secured by the Contractor and PmmpUy delivered to AMECIEnginser will ro so promptlyand. whom practicable, testing. t Test or Inspections of . _pursuant - Oocumentsbe made Pn3mPItY to avoid unreasonable delay in the Work. 13.1 Commencement of Statutory L.ImItatlon Period Owner14-0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the 14.1.1 The Owner mav ter.rr a I+ r . t - - - proper materials. - : Y r enough erty sk 2 falls to Maim Payment to SubcontramonLier # k+ 3 Persistently disregandsordinances, r r r .4 Otherwise is guilty of substantial breach of a provision of the Contract k, 14.1.2 When any of the abovemasons consultation AMEC/Engin:o r•certificationi .NI _t Owner, .. a 1 - ! •the ContractorContractors employment w .subject take possmion equipment r machinery themon awned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4. and .3 finish the Work bywhatever reasonable method the Owner may deem expedient 14.1.3 When the Owner terminstas the Contract for one of I'm x -i the Work is fin= GENERAL CONDITIONS O.i OF CONTRACT ...O* n... ....... *• REMOVAL.r Owner 14.2-1 The rmay.cause,order e r r + + r :,.r a r time .. the Owner may Owner14.2.2 In the event of TermhoUan the AMY NFAVILIN, CPA CLERK OF CIRCUff COURT S, CompTROLLER mma cign", Rmm DAM May 7. 20 15 TO: filunam (Eased County Adinhostrator, A 7M. Check Car Executive Aide FROM. Lindsey Ballard, D. C ...... ...... IN Socimed is a dWinaia Original q the abome-mentioned for "or handling, SBould'you low any questhea, plearejurifive to comsect my offlne CC,. County Attorney Finance Filr—/