Item H07H.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice, District 4
IleOI1da Keys l'U� Mayor Pro Tem Sylvia J. Murphy, District 5
�pw° Danny L. Kolhage, District I
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: H.7
Agenda Item Summary #4647
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to enter into a contract with the 43 ranked vendor,
Sevenson Environmental Services, Inc., in an amount of up to Five Million Dollars ($5,000,000), as
backup vendor for potential removal of marine debris created by Hurricane Irma from canals in
unincorporated Monroe County, City of Marathon and Village of Islamorada; also, authority for the
County Administrator to execute future Task Orders up to $5 Million cumulative.
ITEM BACKGROUND: This item is for approval to enter into a contract with Sevenson
Environmental Services, Inc., the 43 ranked vendor who responded an RFP for marine debris
removal services related to Hurricane Irma. The contract amount is $0, and will serve as a backup
contract in the event additional contractors are required for marine debris removal. If the County
requires the services, Task Orders will be executed authorizing monthly portions of work. There is a
total of $45,821,212 available under the USDA NRCS grant for marine clearing activities.
On September 10, 2017 Hurricane Irma made landfall on Cudjoe Key in the lower Florida Keys with
top sustained winds at 130 mph, and caused great impact to the Florida Keys canals and surrounding
Florida Keys National Marine Sanctuary waters.
PREVIOUS RELEVANT BOCC ACTION:
05/16/18: Discussion and direction and retroactive approval to submit a Request for Proposals
(RFP) for marine debris removal and related services, which will be used to perform work funded by
a grant in the amount of $45.8 million from the United States Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS), Emergency Watershed Protection (EWP)
program, if awarded, to cover removal of marine debris created by Hurricane Irma from canals and
nearshore waters in unincorporated Monroe County, City of Marathon and Village of Islamorada,
with a 25% County match.
07/18/18: Approval to enter into a contract with the 41 ranked vendor, Adventure Environmental,
Inc., in an amount not to exceed $35 Million, for removal of marine debris created by Hurricane
Packet Pg. 1165
H.7
Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada;
also, authority to negotiate and enter into a contract with the next highest vendor(s), in rank order, if
necessary.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
REVISED STAMPED AND EXECUTED Sevenson Agreement 10 30 18
FINANCIAL IMPACT:
Effective Date: November 20, 2018
Expiration Date: November 19, 2019
Total Dollar Value of Contract(s): up to $5,000,000. Future Task Orders may be issued by the
County Administrator if work is needed.
Total Cost to County: Local Match of 25% required if Task Orders are issued
Current Year Portion: TBD
Budgeted: Part of NRCS Grant
Source of Funds: Up -front payment required. NRCS reimburses 75% of total cost. $Portion of
Local cost share to be funded by DEP Stewardship funds out of the total County match of
$7,930,383
CPI: No Indirect Costs: Staff Time to manage the work
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes County Match: Yes
Insurance Required: Yes
Additional Details: $5.49 Million in Stewardship Funds shall be applied towards the local match
maximum requirement of $7,930,383
REVIEWED BY:
Rhonda Haag
Completed
10/31/2018 12:22 PM
Cynthia Hall
Completed
11/02/2018 2:31 PM
Budget and Finance
Completed
11/05/2018 2:40 PM
Maria Slavik
Completed
11/05/2018 2:44 PM
Kathy Peters
Completed
11/05/2018 3:22 PM
Board of County Commissioners
Pending
11/20/2018 9:00 AM
Packet Pg. 1166
AGREEMENT
BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND
SEVENSON ENVIRONMENTAL SERVICES, INC.
FOR
MARINE DEBRIS REMOVAL
AS A RESULT OF HURRICANE IRMA
This Agreement (**Agreement") made and entered into this 20"' day-.o[November, 2018
by and between Monroe County, a political subdivision of the State offlorida, whose address is
1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred
to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC" "), and
Sevenson Environmental Services, Inc.. a corporation of the State of New York, whose address
2749 Lockport road, Niagara Falls, New York, N.Y. 14305its successors and assigns, hereinafter
referred to as "CONTRACTOR",
WITNESSETH:
WHEREAS, the canals in Monroe County have been negatively impacted by the landfall
offlurricane Iri-na in September 2017; and
WHEREAS, the County applied to U.S. Department of Agriculture (USDA) Natural
Resources Conservation Service (NRCS) for funding of marine debris removal and related
services, which includes the geographic areas of unincorporated Monroe County, Islamorada.
and Marathon- and
WHEREAS, the NRCS accepted the applications and approved $ 45,821,212 in funding
for Marine Debris Removal for 103 canals deemed eligible for NRCS funding under USDA
Grant NR I 84209XXXXCO27, which includes $11,45 5,3,03.00 in local cost share from Monroe
County, Islamorada and Marathon; and
WHEREAS, the COUNTY issued a solicitation for Marine Debi -is removal work to
which the CONTRACTOR responded and was the number three ranked vendor; and
WHEREAS, COU_NTY desires to potentially employ the services of the CONTRACTOR
for marine debris removal related to Hurricane Irma; and
WHEREAS, CONTRACTOR has agreed to provide marine debris removal and related
services, dredging and trucking services, which services shall collectively be referred to as the
-Project",
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 agree as follows:
FORM OF AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The effective date of this AGREEMENT shall be the 19th day of September, 2018. The
term of the AGREEMENT' shall be for a one year period, unless otherwise terminated as
provided herein, The COUNTY shall have the option of extending tile AGREEMENT for up to
two (2) additional years on the same terms and conditions with approval of the COUNTY'S
BOCC. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT
and shall be executed by both pat -ties.
1.1.2 The CONTRACTOR has and 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;
L1.3 The CONTRACTOR has becorne familiar with the Project site and the local conditions
under which the work is to be completed.
L I A The CONTRACTOR shall prepare all documentation required by this Agreement in such
a manner that it shall be accurate, coordinated and adequate for use in verifying work completed
by debris contractors and associated costs and shall be in conformity and comply with all
applicable law, codes and regulations. The CONTRACTOR warrants, that the documents
prepared as a part of this Agreement will be adequate and sufficient to document costs in a
manner that is acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information;
L1.5 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regard
to his performance and those directly Linder his 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. Time is of the essence in this
contract. In providing all set -vices pursuant to this agreement, the CONTRACTOR shall abide
by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of
such services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONTRACTOR.
1.1,7 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
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CONTRACTOR or any of his/her employees, sub -contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County,
I , L8 This Agreement shall consist of this document, including any exhibits or attachments to
I'='
the document; the Request for Proposal, issued by the County. and the vendor's response to the
RFP (proposal). This Agreement includes the following exhibits and attachments:
Attachment A
Scope of Services
Attachment B
Pricing Schedule
Attachment C
List of Canals
Attachment D
General Conditions
Attachment E
NRCS Award
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A.
Attachment C contains the list of NRCS approved canals. The CONTRACTOR shall corrimence
work on the services provided for in this Agreement promptly upon receipt of written Task
Orders from the COUNTY. The task order shall contain a description of the services to be
performed, Task Orders will be issued only for 30 days of work at a time. Upon completion of a
Task Order, the County, at its option, will issue another Task Order for another 30 days of work.
At all times, the Contractor shall comply with and is bound by the terrns and conditions set forth
in the USDA MRCS Notice of Grant and Agreement Awardfor Grant # NRI 84209XXXXCO27,
a copy of which is attached hereto as Attachment E and its terms incorporated ncorporated by reference.
2.2 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 or its
subcontractors, or both,
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this Agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, or by deposit with an overnight express delivery service with
proof of receipt to the following:
Mr. Robert Shillinger
County Attorney
I I It 12'1' Street, Suite 408
Key West, Florida 33040
And: Mr. Roman Gastesi,Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONTRACTOR„
Mr. Michael A. Elia
Sevenson Environmental Services, Inc.,
2749 Lockport Road
Niagara Falls, NY 33142
ARTICLE III
ADDITIONAL SERVICES
3.1. The services described in Article III are those that may be provided by the
CONTRACTOR (provided for example purposes only) and are not included in Basic
Services. If requested by the COUNTY they shall be paid for as an addition to the
compensation paid for the Basic Services but only if approved by the COUNTY before
commencement.
A. Providing services of CONTRACTOR for other than the previously listed scope
of the Project provided as a part of Basic Set -vices.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted debris recovery operations,
C. Providing representation before public bodies, in connection with the Project,
upon approval by COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONTRACTOR. The
CONTRACTOR shall respond with a fee proposal to perform the requested services.
Only after receiving a Task Order and a notice to proceed from the COUNTY, shall the
CONTRACTOR proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work.
4.2 The COUNTY shall designate a representative to act oil the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONTRACTOR in order to
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avoid unreasonable delay in the orderly and sequential progress ress of the CONTRACTOR'S
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non-
conforniance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 23.
4A The COUNTY shall lurnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S, services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its
subcontractors shall be solely for the purpose offdeten-nining 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.
4.6 The COUNTY shall provide copies of necessary documents, required to complete the
work.
4,.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY,
its commissioners, 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, and any other losses, damages, and expenses of any kind, including
attorney's fees, COLirt costs and expenses., which arise Out Of, in connection with, or by reason of
services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the CONTRACTOR, its
Subcontractor(s) in any tier, their 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 the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnity 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, the
CONTRACTOR agrees and warrants that CONTRACTOR 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:
NAME
Jamie Fisher
Nick Fracassi
Michael C. Crystal
Tim Donegan
FUNCTION
Onsite Superintendent
Onsite Assistant Superintendent
Corporate Project Manager
Corporate Project Engineer
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 the CONTRACTOR shall notify the COUNTY of the change immediately.
CONTRACTOR shall provide equally qualified personnel if the above named are replaced,
ARTICLE VII
COMPENSATION
7.1 CONTRACT SUM
The initial Conti -act Sum is up to Five Million Dollars (S5,000,000,00) unless amended by
formal approval of the Monroe County BOCC. Monroe County does not guarantee any minimum
quantities in this contract. Future Task Orders may be executed between the parties for work
that may be requested by the County. Monroe County reserves the right to cancel this contract at
any time when the County feels it is in the best interest to so for the County. No charges shall be
incurred by the County other than products or services that were ordered, provided and agreed
upon by the COUNTY.
The COLTNTY shall pay the CONTRACTOR in current funds for the CONTRA( TORS
performance of this Agreement based on rates negotiated and agreed upon and shown in the
Pricing Schedule in Attachment B.
The cumulative surn of active monthly Task Orders issued by the County at no time shall exceed
the bond limits of the CON,rRACTOR. As Task Orders are successfully completed, new Task
Orders may be issued, as long as the cumulative total of active Task Orders does not exceed the
Contractor's bonding limit.
7.2 PAYMENTS
For its assumption and performances of the duties, obligations and responsibilities set florth
herein, the CONTRACTOR shall submit Invoices by DSR and Task Order, which shall be paid
in accordance with assigned Tasks and completion of Task Orders, based on submitted invoices.
Invoices shall be based on the unit rates included in Attachment B. All invoices must meet
MRCS standards and requirements. Payment will be made upon the completion of individual
Task Orders for, each Damage Survey Report (DSR) area.
(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 p ayrnent due under this Agreement, the
CONTRACTOR shall submit proper invoices to COUNTY requesting payment
fbi, services properly rendered and reimbursable expenses due hereunder. The
CONTRACTOR'S invoices shall describe with reasonable particularity the
service rendered. The CONTRACTOR'S invoices shall be accompanied by Such
documentation or data in support of expenses for which payment is sought and
which the COUNTY may require, and which comply with FE'MA requirements.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act,
2 18.735, Florida Statute.
(D) CONTRACTOR acknowledges that invoices for work performed in the
municipalities oflslamorada and Marathon are Subject to the COUNTY'S receipt
of payment from the municipalities to the COUNTY bef'ore payment will be made
to the CONTRACTOR.
(E) Final payment shall be made by the COUNTY to the CONTRACTOR when (1)
the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming, Work as provided in Subparagraph 12.2.2 of the
General Conditions and to satisfy other requirements, if' any, which necessarily survive
final payment, and (2) a final approval for payment has been issued by the
Sustainability/Projects Director. Such final payment shall be made by the COUNTY not
more than 20 (lays after the issuance of' the final approval for payment. The following
documents are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDT)
format delivered on a downloadable CD/DVD or flash drive of all the following
but not limited to:
A -Project Record Documents (As Built Documents).
B. Electronic copies of approved submittals
C. Evidence of payment and final release of liens and consent of surety to
final release (includes final release from all utilities and utility
companies),
7.3, REIMBURSABLE EXPENSES
There shall be no reimbursable expenses or iterns, other than those enumerated in the
Agreement.
7.4 BUDGET
7.4.1 The CONTRACTOR is not entitled to receive, and the COLTNTY is not obligated to pay,
any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October I - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirniative act of the COUNTY's Board of
County Commissioners.
7.4.2 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 and approval of
MRCS and receipt of funds by MRCS.
ARTICLE Vill
INSURANCE
8.1 The CONTRACTOR shalt 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
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(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 coverage shall contain an endorsement
providing sixty (60) 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, sufficient to
respond to Florida Statutes Chapter 440,
B. Employers Liability Insurance with limits of $ 1,000,000 per Accident, $ 1,000,000
Disease, policy limits, $1,000,000 Disease each employce.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or darnages to property of others
arising frorn use of motor vehicles, including onsite and oft'site operations, and
owned, hired or non -owned vehicles, with One Million Dollars ($1,000,000.00)
combined single limit and One Mi Ilion Dollars ($ 1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims
for injuries to members of` the public or damage to property of others, arising Out Of
any covered act or ornission of the CONTRACTOR or any of its employees, agents
or subcontractors or subcontractors, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors-, Broad Form Property Darnage
and a Blanket Contractual Liability Endorsement with One Million Dollars
($ 1,000,000) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or
after the effective date of this contract. In addition, the period fbr which claims may
be reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Pollution Liability insurance of One Million Dollars ($ 1,000,000.00) per OCCUITence
and Two Million Dollars ($2,000,000,00) annual aggregate. If the policy is a "claims
made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statutes,
F. Watercraft Liability insurance of One Million Dollars ($1,000�,000.00).
G. Jones Act Coverage: Recognizing that the work governed by this contract involves
Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include
coverage for claims subject to the Federal Jones Act (46 U.S.C.A. Subsection 688) with limits
not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage
through a separate Protection and Indemnity Policy, in so far as the coverage provided is no
less restrictive than would have been provided by a Workers' Compensation policy.
H. MONROE COUNTY and the Department of Environmental Protection shall be
named as an additional insured with respect to CONTRACTOR'S liabilities
hereunder for all insurance coverages except Workers Compensation and Employers
Liability,
1. CONTRACTOR shall require its subcontractors to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONTRACTOR if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for Subcontractors.
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.
The COUNTY reserves the right to require a certified copy of such policies upon
request.
K� If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition., the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the COUNTY.
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 belong to the COUN'ry
and may be reproduced and copied without acknowledgement or permission of the
CONTRACI I OR,
9.3 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONTRACTOR, which approval shall be
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subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this agreement.
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.
9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terin.inate this agreement after five days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposal including any addenda, this Agreement
(Articles I -IX), the CONTRACTOR'S Proposal in response to the RFP including any
attachments or exhibits, and modifications to the Agreement made after execution by
written amendment. 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 / CONVICTED VENDOR LIST AND
DEBARMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not Submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in 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.
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 subcontractor has committed an act
defined by Section 287.133, Florida Statutes, as a "'public entity, crii-ne" 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 CONUSULTANT has been
placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if' it or any subcontractor or
CONTRACTOR is forrnally charged with an act defined as a "Public entity crime" or has
been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance Linder this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of' five years from
the termination of this agreement. 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 four years following the ten-ni nation of" this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for Purposes not authorized by this Agreement, or were
wrongfully retained by the CONTRACTOR, 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 the 16'11 Judicial Circuit, Monroe County, Florida, in the appropriate
court or before the appropriate administrative body. This agreement shall not be subject
to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERAWLITY
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
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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
CONTRACTO agree
R ree 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 tile
enforceirient or interpretation of the 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 attorney's fees and courts costs in appellate proceedings,
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 CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of' this Agreement,
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
9.15 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 30 days after the first meet and
confer session, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law, This provision does, not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
13
9.16 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.
9.17 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.
9.18 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 112.3 11, et seq, 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 inforination.
9.19 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself" it has neither
ernployed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit 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.
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former county officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 as amended by Ordinance 020-1990 or any county officer or
employee in violation of Section 3 of Ordinance No. 010-1990. 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.
ILI
9.20 PUBLIC RECORDS
Pursuant to F.S. 119.0701, the Contractor and its subcontractors shall comply with all public
records laws of the State of' Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perforn)
the service.
K Upon request from the public agency's custodian Of public records, provide the
public agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract tern-i and following completion of the contract if the contractor does not transfer the
records to the public agency.
0
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements, If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to Monroe County, upon request from the public agency's
custodian of'records, in a format that is compatible with the information, technology systems of
Monroe County,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F1.,ORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY, AT (305) 292-3470, bradigy-- c/o
L
Monroe County Attorney's Office, 1111 l2t�' St., Suite 408,, Key West Fl., 33040.
9.21 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,
15
9.22 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 conteniplated 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.
9.23 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.
9.24 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any merriber, 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.
9.25 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,
16
ARTICLE X
PROVISIONS REQUIRED BY 2 CFR PART 200 (SUPER CIRCULAR)
10.1. AUDIT OF RECORDS
Contractor shall grant to the County, FDEM, USDA MRCS, the Federal Government, and any
other duly authorized agencies of the Federal Goverinnent or the County where appropriate the
right to inspect and review all books and records directly pertaining to the Contract resulting
.from this RFP for a period of rive (5) years after final grant close-out by NRCS or DEM, or as
required by applicable County, State and Federal law. Records shall be made available during
normal working hours for this purpose.
In the event that NRCS, FDEM, or any other Federal or State agency, or the County, issues
findings or rulings that the amounts charged by the Contractor, or any portions thereof, were
ineligible or were non -allowable under federal or state Law or regulation, Contractor may
appeal any such finding or ruling. If suchappeal is unsuccessful, the Contractor shall agree that
the all-IOLints paid to the Contractor shall be adjusted accordingly, and that the Contractor shall,
within 30 days thereafter, issue a remittance to the County of any payments declared to be
ineligible or non -allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's
operation as a whole, or of specific Project activities,
Under no circumstances shall advertising or other communications with the media be presented
in such a manner as to County or imply that the Contractor or the Contractor's services are
endorsed by the County.
10.2. PAYMENT AND PERFORMANCE BONDS:
10.2.1 Payment Bond. The CONTRACTOR shall furnish a payment bond in the minimum
amount of $5 Million, or the amount of the sum total of anticipated task orders for 90 days,
whichever is greater, prior to issuance of a Task/Change Order to the contract. The bond must
be issued by an A rated surety company doing business in the State of Florida.
10.2.2 Performance Bond, The COUNTY shall require the Contractor to furnish a Public
Construction Bond in the forril provided by the Owner as a guarantee for the faithful
performance of the Contract (including guarantee and maintenance provisions) and the payment
of all obligations arising thereunder. The Public Construction Bond shall be in a minimum
amount of $5 Million, or the amount of the sum total of anticipated task orders for 90 days,
whichever is greater, prior to issuance of a Task Order to the Contract. This contract is subject to
the provisions of" Section. 255.05, Florida Statutes, which are incorporated herein
10-3. NONDISCRIMINATION,
During the performance of this Agreement, the CONTRACTOR agrees as follows:
17
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin, The
contractor will take aft"irmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection l'or
training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment,, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause,
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration far
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(3) The contractor will not discharge or in, any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a
f'onnal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the contractor's legal
Z�l
duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and applicants
.for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
It 246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
18
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 1.1246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
10.4. OTHER FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions as set forth in
Appendix 11 to Part 200, as amended, including but not limited to:
A. Contractor agrees to comply with all applicable standards, orders or regulations
issued Pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the
Regional Office of the Environmental Protection Agency (EPA).
C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of'$100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.&C. 3702
of the Act, each contractor must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requircinents of'40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
D. Riahts to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" Linder 37 CFR §401,2 (a) and the recipient or
sub recipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work. Linder that "funding agreement," the
recipient or sub recipient must comply with the requirements of 37 CFR Part 401, -Rights
to Inventions Made by Nonprofit Organizations and Small Business Firins Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
F. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S,C. 1251-1387), as amended —Contracts and sub grants of amounts in excess of
$150,000 must comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-767 1 q) and the Federal Water Pollution Control Act
19
as amended (33 U.S.01251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
G. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180,220) will not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Cornp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension.*" SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
H. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award exceeding S 100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
1. Procurement of recovered materials as set forth in 2 CFR § 200321
J. ARC'S Regulations. MRCS administers the EWP program through the following
authorities::
Section 216, Public Law 81-516 (33 U.S.C. Section 701b);
Section 403 of itle IV of the Agricultural. Credit Act of 1978, Public Law 95-334� and
C� I
Section 382, Title 111, ofthe 1996 Farm Bill Public Law 104-127.
Codified rules for administration of the EWIP program are set forth in 7 CFR 624.
Other Federal Requirements:
K. Americans with Disabilities Act of 1990 (ADA) — The CONTRACTOR will comply
with all the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
L. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy
of the COUNTY that DBE's', as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds Linder this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR
agree to ensure that DBEs have the opportunity to participate in the performance of this
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 the DBE's have the opportunity to compete for and perform contracts. The
20
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis
of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
M. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor during
the tern of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S, Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the Contract term.
10-5. No Obligation by Federal Government, The federal government is not a party to
this contract and is not subject to any obligations or liabilities to the non -Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
10.6. Program Fraud and False or Fraudulent Statements or Related Acts. The
Conti -actor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
[REMAINDER OF PAGE PURPOSELY LEFT BLANK]
21
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year indicated.
(SEAL)
Attest: Kevin Madok, Clerk
By:
Deputy Clerk
Date:
'J WITNESS
Print name:
CNM l
BMw
y:
WITNt�S§
Print name:
STATE OF dew
COUNTY OF
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: . . . ..........
Mayor/Chairnian
MONROE COUN'rY ATTORNEY
OVED T 'AO!t?
SEVENSON ENVIRONMENTAL
SERVICES, INC.
/J
B
Print name and title: Michael A. Elia, President
On this 'M
--L�Lday of m
201 before me the person whose name is subscribed
above, and who produced as identification, acknowledged that he/she is the
person who executed the above Contract for the purposes therein contained.
L e 4
No fy' Publ�
Print Nat
My commission expires: NIN"'a)b6le 1Seal/1"
USA A. SCE -H
Registration No. O1SM6119672
Notary Public, State of New York
QuaRied, in Niagara County
My CoMrTrIiSSion expires 12/06/
22
ATrACHMENT A
SCOPE OF SERVICES
SCOPE OF WORK FOR RESPONSE AND RECOVERY SERVICES FOR MARINE
DEBRIS REMOVAL AND RELATED SERVICES IN MONROE COUNTY AS A
RESULT OF HURRICANE IRMA
The Scope of Work described belowwill be referred to as "the Prqject" or "project".
The contractor must be available and be able to mobilize quickly. When issued, the Notice to
Proceed for each DSR and accompanying Task Order will describe the response and recovery
operations to be performed.
In addition to payments for items indicated in the fee schedule, the County will pay all pass -
through costs at the final disposal site. There shall be no other reimbursable expenses or items.
Monroe County does not guarantee any minimum quantities in this contract. Monroe County
reserves the right to cancel this contract at any tirne when the County feels it is in the best
interest to so for the County. No charges shall be incurred by the County other than products or
services that were ordered, provided and agreed upon by the Project Manager,
The work is categorized into 6 geographic areas as submitted to NRCS as Damage Survey
Report DSR" project areas,
DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloal'Keys
DSR#2 Cudjoe, Sunurierland, Ramrod, and Little Torch Keys
DSR#3 Big Pine Key
DSR#4 Conch, Tavernier, and Key Largo
DSR#5A Islamorada
DSR#5B Marathon
Work shall be performed in each of the 6 geographic areas. A list and maps showing the 103
MRCS eligible canals to be covered by this RFP is attached as Attachment D. Of these 103
eligible canals, Unincorporated Monroe has 80, Islamorada has 4 and Marathon has 19.
The CONTRACTOR shall be ready to begin work within 15 days of Notice of Award.
The CONTRACTOR shall provide work in the following work categories:
1) Debris removal from canals and nearshore waters,-, including mangrove trimming
2) Organic sediment, silt and sand removal
3) Operation and management of TDMAs, including sorting and reduction of debris;
4) Transportation and disposal of the material frorn the County's TDMA sites to
final disposal sites; and
5) Derelict vessel recovery.
23
211 IM IM-1 EXCIP-1 17#11 M 0 rell I IIN Ml
CONTRACTOR will be responsible for the removal of marine debris from canals and nearshore
waters (within '/2mile of shore). Efforts are to include the identification of locations in the water
where significant marine debris exists, locating, removing, and transporting of the marine debris
to debris sites (TD,MAs), including oversight of operations for the project,
The definition of marine debris includes but is not limited to:
Vegetation, hazardous waste, construction and dernolition debris, propane tanks, white
goods, e-waste, docks, non -marine vehicles,, motorhomes, seawalls, and houses or
portions ofhouses,
0 Organic material, sand or sift deposited into the canals as a result of Hurricane Irma
Identification, removal, transportation, and disposal of, traps and other man-made
materials, and floating structures.
Detailed Responsibilities:
The Contractor will determine locations of marine debris in the 103 NRCS-eligible
manmade canals within an area to include unincorporated Monroe County and the
municipalities of Marathon and Islamorada as shown in Attachment C.
The Contractor will assess total potential volume or area (linear feet or area of` canal or
shoreline,, tons, cubic yards, etc.) for the amount of marine debris likely to be removed
and disposed of'. Marine debris should include all material that is within the canal
including material that is lying along the bottom — potentially under layer(s) of' silt,
sediment or sand. The Contractor shall use all necessary measures to ensure that all
marine debris is removed from the canal. Such marine debris should not be debris
attached to personal property unless permission is provided to remove such debris. An
effoi-t should be inade to contact a property owner to obtain permission to remove
material that is obviously debris, but which may be tied or otherwise affixed to land for
reasons of maintaining clear navigation,
The Contractor will perform pre -removal assessment and mapping of canal debris using
cost-effective technology, including side scan sonar or other methodology, to provide
identification and assessment of debris locations — if requested by the County.
The Contractor shall also be responsible for and make good all damage to homeowner
docks of any type, seawalls, boats, fencing, buildings, telephone or other cables, water
pipes, sanitary pipes, and any, other appurtenances, at the Contractor's sole expense. The
Contractor shall produce a pre -construction video to document the existing conditions.
The documentation shall utilize a high -resolution digital video camera with extended still
24
frame capability. The docuinentation shall record surface features located within. the
construction zone including, but not limited to, staging area, canal seawalls, boat lifts,
boats, and any other permanent or temporary structures within the canal footprint. The
documentation shall provide audio recording docuinenting the orientation, location, and
description of 1eatures. The documentation shall accompany a written log which
documents the aforementioned items and shall contain bright, sharp pictures with
accurate colors and shall be free from distortion or any other significant picture
imperfection. The audio portion of the recording shall reproduce the commentary of the
carnera operator with proper volujue, clarity, and be free of distortion. The construction
shall not proceed until the County have reviewed the documentation and notified the
Contractor of its acceptability.
The Contractor shall be cognizant of the various working conditions to be encountered
under this contract, i.e. shallow depths surrounding the canals, plugged canals, narrow
canals, and deep canals. The Contractor shall provide assurance in the way of' past
project history with similar type of constraints to the County that they have the proper
and necessary equipment to complete the activities associated with this RFP.
If the respondent is not a General or Marine Contractor, the Contractor will enter into
contracts with local marine contractors, as necessary, to remove debris from manmade
canals and/or shoreline areas located in the project work area.
• Contractor will provide supervision for project oversight efforts as required by the USDA
NRCS, and the County in coordination with County staff and/or a monitoring firm
employed by the County.
Monroe County will maintain an independent monitoring team representing the County
as the project applicant,
The Contractor shall be responsible for the recovery and handling of any remaining
derelict vehicles in accordance with Chapters 715 and 717, Florida Statutes, in
conjunction with local law enforcement agencies. Note the U.S. Coast Guard and
Environmental Protection Agency have already completed the removal process of the
vast majority of derelict vessels. However, there may be a few remaining.
The CONTRACTOR will be responsible for the management of all project expenses and
billing documentation as will be required by MRCS, the State of Florida, and the County.
The Contractor shall be responsible for returning all TDMA's to their pre -debris storage
condition, and shall provide such environmental tests or studies as may be required by the
County in order to prove cleanup.
25
CATEGORY 2: SILT, SEDIMENT AND SAND REMOVAL:
WORK UNDER THIS CATEGORY IS NOT APPROVED AT THIS TIME. IF AND WHEN
MRCS APPROVES SUCH WORK, THE COUNTY AT I'TS OPTION MAY ISSUE WRITTEN
APPROVAL IN THE FORM OF TASK ORDERS, TO THE CONTRACT FOR SUCH WORK.
Contractor will be responsible for the removal of organic sediment, silt and sand. Such removal
shall be done utilizing dredging in such a way to prevent impacts to the nearshore waters or hard
bottom, and shall be completed using .approved upland staging areas adjacent to the project area,
or approved alternates. Note that the Monroe County current regulations require hydraulic
dredging in unincorporated Monroe County, The County is researching if the requirement can
be modified for hUfficane-related work in unincorporated Monroe County, Islamorad,a and
Marathon. Vendors may proposed one or more dredging methods on the pricing sheet, The
County shall have the final selection option.
Note that all applicable State and Federal permits for this category of work must be obtained in
advance before work can begin, as must MRCS approval. Due to this process, it is anticipated
that this category of work will not begin for several weeks or months after RFP opening. The
County or municipalities will submit and obtain all permits lbr organic silt, sediment and sand
removal activities. At present, due to the State of Emergency issued by the Governor following
Hurricane Irma, the South Florida Water Management District (SFWMD) and Florida
Department of' Environmental Protection (FDEP') do not require a permit authorization to
complete the activities to restorc the conditions of the canals prior to the Hurricane.
The United States Army Corps of Engineers (USACE) and Florida Keys National Marine
Sanctuary (FKNMS) dq require a permit authorization for the organic silt, sediment and sand
removal activities prior to corninencetnew. The Contractor shall provide and maintain during the
life of the contract,, all necessary environmental protective measures as required by the
aforementioned permits.
Additionally, the Contractor shall provide environmental protective measures required to correct
unforeseen environmentally hazardous conditions that occur during the dredging operations,
including but not limited to the generation of toxic Hydrogen Sulfide gas. Monitoring of
Hydrogen Sulfide gas shall be completed during the completion of work, and necessary
mitigation measures shall be implemented if the 8-hour Time Weighted Average (TWA)
exposure concentration of 10 parts per million (ppm) is exceeded, or if nuisance conditions are
created. Air monitoring shall be completed by an Occupational Safety and Health
Administration (OSHA) competent person on a daily basis and recorded, The Contractor will
comply with. Federal, State, and local regulations pertaining to water, air, and noise pollution.
The Contractor shall specify and utilize the dredge equipment to remove the organic muck and
sediment. The Contractor shall be aware that the pumping rate may be constrained by the
sediment dewatering rate and shall implement the appropriate equipment accordingly. The
Contractor shall maintain the plant, scows, combings, barges, pipelines, and associated
equipment to meet the requirements of the work and immediately repair leaks or breaks along
26
pipelines, Immediately remove dredged material discharged in wetlands or other areas outside of
the identified project area due to leaks and breaks.
Removal of material shall bring the impacted area back to original condition and shall be
conducted at Contractor's expense. Operations shall be immediately halted if'a pipeline breaks or
a leak occurs,
Polymers
A. Chemical amendments may be used to assist with dewatering. If this option is selected,
the Contractor is, required to provide the County with MSDS and salt water toxicity test
results to be utilized for permit submittals.
B. The Contractor shall be experienced in operating a polymer dosing system to provide
water quality treatment of dredge material or the Contractor shall hire, at the expense of
the Contractor, a qualified chemical amendment technician to be on -site at all times of
dredge operation. The contractor may propose an alternate dewatering method, but must
provide detailed design information and documentation of Contractor's experience
utilizing the alternate dewatering method.
C. The Contractor is responsible for installing and operating polymer mixing and dosing
equipment that is capable of delivering a constant feed of polymer to the dredge transfer -
line when dredge material is being pumped. Mixing and dosing equipment must operate
according to the manufacturer specifications.
D. The Contractor shall quantify the concentration of residual polymer from the effluent of
the geotextile dewatering containers on a weekly basis, and shall demonstrate that the a
residual polymer concentration does not exceed the pern-litted toxicity concentration
Dewatering Of'Excavated Material
The Contractor shall utilize either a mechanical or passive system for sediment dewatering
purposes dependent on space limitations for the staging area. The Contractor shall provide the
County with the proposed equipment selection and staging area constraints for the dewatering
system.
The effluent from the dewatering system will be discharged back into the canal, The Contractor
is required to operate the dredging and dewatering operations such that mandated permitted
turbidity limits are not exceeded. The State turbidity requirements are 0 NTU increase above
background levels in the Florida Outstanding Waters at the canal mouth. The Contractor will
make any required adjustments to the operations to ensure compliance with these limits.
Disposal Of Excavated Material
The Contractor shall provide fior safe and legal transportation and disposal of dredged materials
to the TDMA site. The deposit of dredged materials in unauthorized places is forbidden. Spoil
27
material inadvertently spilled on roads, public rights of way and private property shall be
promptly removed and the area restored by the Conti -actor. The Contractor may propose any non -
contaminated silt or sediment for reuse at locations to be determined by the Contractor or County
Clean sand suitable for reuse purposes shall be retained by the County or municipalities at the
TDMA sites. However, any sedin-ient, silt or sand that contains concentrations above the
applicable FDEP Soil Cleanup Target Levels (SCTLs) for targeted constituents must be disposed
of at a County approved Class I disposal facility.
CATEGORY 3: OPERATION AND MANAGEMENT OF -TDMAs, INLUDING
SORTING AND REDUCTION OF DEB =_
T11C County will be responsible for locating and providing TDMAs sites at County expense and
obtaining and paying for necessary permits and authorizations for appropriate TDMA sites.
• The Contractor will be responsible for the management and oversight of the County
designated TMDAs for storage of marine debris prior to appropriate final disposal.
• The Contractor will be responsible for preparing each TD.MA site to accept debris, to
include clearing, grading, erosion control, Construction and maintenance; establishing site
layout; providing all management, supervision, labor, machines, tools and equipment for
the acceptance, processing, reducing and sorting of debris.
• Vegetative debt -is reduction shall be performing by chipping/grinding only.
• The Contractor is responsible for compliance with all Florida Department of
Environmental Protection (DEP,) authorizations and permits at the site.
• The Conti -actor is required to ensure that the TDMA site is secure: and not accessible by
the public during operation and after working hours.
• If more than one contractor is hired in a geographic area,, the County envisions that
multiple contractors may need to share the same TDMA site.
• After the debris has been reduced and hauled to final. disposal sites, tile contractors will
be responsible for performing site restoration and closeout, to include removal of all site
equipment (temporary toilets, inspection towers, security or silt fences, etc.), soil testing,
and restoration of the site to, pre -work conditions.
Costs related to testing to establish that TDMA site pre -work conditions and to show that the
sites have been restored to pre -work conditions shall be invoiced at Contractor cost with no
mark-up.
Unit costs for TDMA site management and debris reduction shall be on a per cubic yard basis.
Costs shall be all inclusive of all work required to manage and reduce debris, with the exception
of handling Freon removal from white goods, which shall be on a separate, per unit cost.
28
Debt -is will be sorted into clean vegetative, C&D, seaweed/se:agrass, sediment, white
goods and household hazardous waste. Vehicles and vessels shall be stored separately on
site.
0 All debris shall be mechanically loaded and reasonably compacted in the truck
Provide control of pedestrian. and vehicular traffic in the work area to include nag
persons signs or other devices necessary to ensure safe debris removal operations
Provide daily reports on all debris recovery operations to include all equil?n-rent and
personnel used to the monitoring firm.
The report shall detail daily and cumulative -to -date statistics on the number of truckloads
number of cubic yards of debris hauled and locations of current work for each type of
debris recovered
CATEGORY 4. TRANSPORTATION OF MATERIALS FROM TDMA TO FINAL
APPROVED DISPOSAL LOCATION
The Contractor will be responsible for providing all necessary equipment and personnel to load
and haul eligible marine debt -is, white goods, vegetation, C&D and seaweed/seagrass from the
TDMA site to final disposal sites.
'Fhe Contractor shall also provide for safe and legal transportation and disposal of dredged silt
sediment / sand to a final disposal area. The County shall have ultimate approval of the final
disposal location / final haul -out site. The deposit of dredged materials in unauthorized places is
forbidden. Sport material inadvertently spilled on roads, public rights of way and private
property shall be promptly removed and the area restored by the Contractor. The Contractor may
propose any non -contaminated silt or sediment for reuse at locations to be approved by the
County. Clean sand suitable for reuse purposes shall be retained by the County or municipalities
at the TDMA sites. At the COUnty's or municipalities option, clean sand Suitable for reuse in the
Keys shall be transported to a local reuse or storage site as directed by the County 01*
municipality. Any sediment, silt or sand that contains concentrations above the applicable FDEP
Soil Cleanup Target Levels (SCTLs) for targeted constituents such as Arsenic must be disposed
of at a County approved Class I disposal facility,
The Contractor shall immediately investigate claims of damage to private property and or
County roads and rights of way due to debris operations and make repairs at no cost to the
County,
AND DISPOSAL
The Coast Guard and Fish and Wildlife Commission FWU has completed its derelict vessel
removal program in the nearshore waters and canals of the Florida Keys. There may be a few
vessels, if any, remaining on the bottoms of canals. The Conti -actor will be responsible for
29
managing the removal from the water, impound and auction or disposal, of derelict and
abandoned vessels surrouncling the Florida Keys which were the result of Hurricane Irma, and
other future storm events within the lerm of the Agreement. Efforts are to include the detailed
cost assessment for the removal of larger vessels which are located in shallow waters and are
hard aground. Work will also include obtaining necessary salvage approvals through applicable
rz
state and federal agencies, including the Florida Keys National Marine Sanctuary, the United
States Coast Guard, the U.S. Fish and Wildlife Set -vice, and the Florida Fish and Wildlife
Conservation Commission.
The Contractor will:
Determine current locations of' remaining abandoned and derelict vessels and deterriline
the least costly approach for salvage or disposal as appropriate.
Transportation to the COUnty's designated temporary debris sites for storage of vessels
(including floating structures) and associated debris prior to appropriate final disposal.
30
ATTACHMENT B
FEESCHEDULE
31
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
X Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
2
Move dewatering system, hydr dredge, and pipeline between
LS
locations
1
$ 128,130
3
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
4
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
5
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
6
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
7
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
8
Constrcution of TMDA Area
LS
1
$ 42,630
9
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
10
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
11
Mechancial Dredge Mob and Demob
1LS
11
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
X Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
X Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
X Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
X Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall check the DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
X Check Box DSR#5B Marathon
Contractor Name and Address: Sevenson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a
$ 9,540
mounted knuckle boom crane or secured heavy equipment suitable for easy travel
Day
from canal to canal
4
Large Deck barge minimum of 60 feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ 8,770
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
S 166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
Each
1-100 Units
723
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
Price per Linear Foot
over 10,000 LF
450
to TDMA
12
Seaweed removal hurricane related seaweed accumulation on the
Cubic Yard
1-10,000 CY
_
over 10,000 CY
surface and bottom of the canals as directed by County and transported
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas
$ 160,200.00
1
shall be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ -
Z
management shall include the equipment and personnel for
Day
-
se aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment/ sand that was
1- 10,000 CY
$ 77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt/ sediment / sand that was deposited as a result of
1- 10,000 CY
$ 103.00
$ 103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
,Specify type ofdredging ro osed:MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the
Day
-
FDEP DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMATO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1- 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1- 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ 88
3
C&D
Cubic Yard
1- 50 miles
32
51- 100 miles
69
101-150 Miles
$ 88
4
Silt/Sediment/Sand No Arsenic or Other Exceedances
Cubic Yard
1-50Miles
$ 46
51-100 Miles
$ 101
101-150Miles
$ 128
5
Silt/ Sediment/ Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100Miles
$ 101
101-150Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1- 50 miles
$ 32
51- 100 miles
69
101-150 Miles
$ 88
5. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transport to TDMA
Price per Linear Foot
1-19 feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 589
over 40 feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Olperatione
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tipping fees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All powervessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impacting the benthic
resources.
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently review the details.
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITYTIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Exhibit B - Rate Schedule
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
1 $ 30,780
ATTACHMENT C
LIST OF 103 USDA NRCS ELIGIBLE CANALS
Canal Name and
Municipality
Adjacent Street
Number
1 13 Key Largo
Unincorporated Monroe County
I lazel St, Key Largo
2
76 Rock Harbor—.-.
Unincorporated Monroe County
Ocean Dr, Key Largo
3
82 Rock Harbor
. . ...... ....
Unincorporated Monroe County
— - —
Lobster Ln, Key Largo
4
83 Rock Harbor
Unincorporated Monroe County
— — ------------------------ - -------
Overseas Hwy, Key Largo
5
84 Rock Harbor
Unincorporated Monroe County
Overseas Hwy, Key Largo
6
98 Rock Harbor
Unincorporated Monroe County
E Beach Rd, Key I..,argo
7
102 Tavernier
Unincorporated Monroe County
Blue Harbor Dr, Key Largo
8
103 Tavernier
Unincorporated Monroe County
Blue Harbor Dr, Key Largo
9
123 Plantation Key
Village of Islamorada
Main Avenue, Plantation Key
Added
10
147 Lower Matectimbe
Village of Islarriorada,
Overseas Hwy, Lower
—
Key
Matecurnbe Key
11
148 Lower Matecun-ibe
Village of lslaniorida
Overseas Hwy, Lower
---
Key
—15'7"--L'ower
........................
Matecumbe Key
12—
Matecumb—c-
Village of Islamorada
Overseas Hwy, Lower
. . ....... .
Key
... . ........ . . —
Matecurnbe_Key
13
164 Conch Key Added 3
Unincorporated Monroe County
Overseas Hwy, Conch Key
14
203 Marathon
City of Marathon
101st St, Marathon Ocean
15
204 Marathon
City of Marathon
99th St, Marathon Ocean
16
208 Marathon
City of Marathon
98th St, Marathon Ocean
17
211 Marathon
City of Marathon
96th St, Marathon Ocean
IS
221 Marathon
City of Marathon
88th St, Marathon Ocean
19
222 Marathon
City of Marathon
89th St, Marathon Ocean
20
224 Marathon
City of Marathon
92nd St, Marathon Ocean
21
225 Marathon
City of Marathon
9 1 st St, Marathon Ocean
22
228 Marathon
City of Marathon
80th St, Marathon Ocean
23
229 Big Pine Key
Unincorporated Monroe County
No Name Rd, Big Pine Key
24
232 Marathon
City of Marathon
W 75th St, Marathon Ocean
25
238 Big Pine Keyw�w
Unincorporated Monroe County
Gulf'Blvd, Big Pine Key
26
239 Marathon
City of Marathon
63rd St, Marathon Ocean
27
240 Marathon
City of Marathon
ti2nd St, Marathon Ocean
28
242 Marathon
City of Marathon
62nd St, Marathon Ocean
29
244 Marathon Added
City of Marathon
15th St, Marathon
3—O
244 Marathon Added 2
City of Marathon
Overseas Hwy, Marathon
31
247 Marathon
City of Marathon
29th St, Marathon Ocean
32
248 Marathon
City of Marathon
Overseas Hwy, Marathon
33
. ....... ----
257 Marathon
. . ..... . ............. .
City of Marathon
Sombrero Beach Rd, Marathon
34
258 Big Pine Key
.......... . .......
Unincorporated -Monroe County
W Ortega Ln, Big Pine Key
32
35
259 Big Pine
Unincorporated Monroe County
Granada Ave, Big Pine Key
3
36
263 Big ine Key
P
.
Unincorporated Monroe County
. . . ..... . ......... . . ............
Delgado Ln, Big Pine Key
37
266 Big Pine Key
Unincorporated Monroe County
Witters Ln, Big Pine Key
38
268 Marathon
City of Marathon
Tingler Ln, Marathon
39
273 Big Pine Key
Unincorporated Monroe County
Matthews Rd, Big --Pine Key
40
277 Big Pine Key
Unincorporated Monroe County
Sunset Rd, Big Pine Key
41
277 Big Pine Key
Unincorporated Monroe County
Frigate Ln, Big Pine Key
Merged
42
277 Big Pine Key
Unincorporated Monroe County
Killdeer Ln, Big Pine Key
Merged 2
43
277 Big Pine Key
Unincorporated Monroe County
Eagle Ln, Big Pine Key
Merged 5
44
278 Big Pine Key
Unincorporated Monroe County
Bougainvillea Ln, Big Pine
Key
45
280 Little Torch Key
Unincorporated Monroe County
State Rd, Little Torch Key 4a
46
281 Little "Porch. Key
Unincorporated Monroe County
State Rd, Little Torch Key 4a
47
4_8_284
282 Big Pine Key
Unincorporated Monroe County
Hibiscus Ln, Big Pine Key
_4_9
Big Pine Key
—287
Unincorporated Monroe County
Iroquois St, Big Pine Key
Big Pine Key
Unincorporated Monroe County
Sands Rd, Big Pine Key
50
288 Big Pine Key
Unincorporated Monroe County
hibiscus Dr, Big Pine Key
51
290 Big Pine Key
—Unincorporated Monroe County
Avenue J , Big Pine Key
52
292 Little "Porch Key
Unincorporated Monroe County
Linda St, Little Torch Key
53
293 Big Pine Key
Unincorporated Monroe County
Avenue 1, Big Pine Key
54
295 Big Pine Key
Unincorporated Monroe County
4th St, Big Pine Key
55
297 Big Pine Key
Unincorporated Monroe County
4th St, Big Pine Key
56
298 Big Pine Key
Unincorporated Monroe County
................ . ......
Flying Cloud Ave, Big Pine
. ....................
..............
. ........ . . . ................ .
Key . . . .....
57
299 Big Pine Key
Unincorporated Monroe County
4th St, Big Pine Key
58
300 Big Pine Key
Unincorporated Monroe County
5th St, Big Pine Key
59
302 Big Pine Key
Unincorporated Monroe County
Enterprise Ave, Big Pine Key
60
303 Big Pine Key
Unincorporated Monroe County
Ships Way, Big Pine Key
61..-
307 Sugarloaf Key
Unincorporated Monroe County
Crane Blvd-, Sugarloaf Key
62
310 Ramrod Key
Unincorporated Monroe County
. . . ................... —
Lesrohde Rd, Ramrod Key
63
311 Ramrod Key
Unincorporated Monroe County
Mariposa Rd, Ramrod Key
64
317 Little Torch Key
Unincorporated Monroe County
Overseas Hwy, Little Torch
Key
65
323 Suinmerland Key
Unincorporated Monroe County
Overseas Ilwy, Suminerland
—
Key
66
324 Cudjoe Key
Unincorporated Monroe County
Colson Dr, Cud . We Key
67
326 Cudioe Key
Unincorporated Monroe County
Cutthroat Dr, Cudjoe Key
68
327 Big Pine Key
Unincorporated Monroe County
Ehna Ave, Big Pine Key
69
328 Sunimerland Key
Unincorporated Monroe County
D obie St, Summerland Key
70
329 Cudjoe Key
Unincorporated Monroe County
Overseas Ilwy, Cudjoe Key
71
332 Cud_joc Key
Unincorporated Monroe County
5th Ave, CLidjoe Key
72
335 CUqjoe Key
Unincorporated Monroe County
Sailfish Ln, Cur joe Key
73
336 Cudjoe Key
Unincorporated Monroe County
Old State Rd, Cudjoe Key 4a
74
337 Cuqjoe Key
Unincorporated Monroe County
Drost Dr, Cudjoe Key
33
75
339 Little Torch Key
Unincorporated Monroe County
Pirates Rd, LittleTorch Key
78
.345 Cudjoe Key
Unincorporated Monroe County
N Eagle Nest Dr, Cudjoe Key
79
349 Cudjoc Key
Unincorporated Monroe County
N Eagle Nest Dr, Cudjoe Key
80
350 Rarnrod Key
Unincorporated Monroe County
Overseas Ilwy, Ran-irod Key
81
351 Sumi-nerland Key
Unincorporated Monroe County
W Shore Dr, Suri-irnerfand Key
82
353 Cudjoc Ke
Unincorporated Monroe County
N Eagle Nest Dr, Cudjoc Key
83
359 Cuqjoe Key
Un.incorporated Monroe County
Pebble Path, Cuqjoe Key
84
372 Cudjoe Key
Unincorporated Monroe County
Picard Ln, Cudjoe Key
85
375 Cudioe Key
Unincorporated Monroe County
Puerto Bello Dr, Cuqjoe Key
86
378 Cudioc Key
Unincorporated Monroe County
Calico Jack Cir, Cudjoe Key
87
3,81 Sumn-terland Key
Unincorporated Monroe County
Hudgins Dr, Summerland Key
88
384 Sugarloaf Key
Unincorponated Monroe County
Mosher Dr, Sugarloaf'Key
89
388 Sugarloaf Key
Unincorporated Monroe County
Overseas Hwy, Sugarloaf Key
90
397 Sugarloaf Key
Unincorporated Monroe County
Sugarloaf Blvd, Sugarloaf Key
91
418 Sugarloaf Key
Unincorporated Monroe County
W Point Dr, Sugarloaf Key
92
422 Sugarloaf Key
Unincorporated Monroe County
Keystone Rd, Sugarloaf Key
93
433 Saddlebunch Keys
Unincorporated Monroe County
W Circle Dr, Saddlebunch Keys
94
437 Big Coppitt
Unincorporated Monroe County
Barcelona Dr, Big Coppitt Key-
95
438 Big Coppitt Key
Unincorporated Monroe County
Jade Dr, Big Coppitt Key
96
441 Big Coppitt Key
Unincorporated Monroe County
Diamond Dr, Big Coppitt Key
97
442 Big Coppitt
Unincorporated Monroe County
Ed Swift Rd, Big Coppitt Key
98
444 Big Coppitt Key
Unincorporated Monroe County
Overseas Hwy, Big Coppitt
Key
99
445 Big Coppitt Key
Unincorporated Monroe County
Cactus Dr, Big Coppitt Key
100
470 Geiger Key
Unincorporated Monroe County
Geiger Rd, Geiger Key
101
472 Geiger Key
Unincorporated Monroe County
Venus Ln, Geiger Key
1
5 Geiger Key
Unincorporated Monroe County
Sirius Ln, Geiger Key
103
500 Surnmerland Key
Unincorporated Monroe County
E Shore Dr, SUrnmerland Key-
34
ATTACHMENT D -- GENERAL AND SPECIAL REQUIREMENTS
1.02 GENERAL, REQUIREMENTS
A. Contractor will supply all labor, supervision, materials, equipment, facilities,
power, communications, provisions, and other services and supplies necessary
f'or, or incidental to, the performance of debris removal and disposal services as
described in this RFP, in accordance with all laws, regulations and USDA
NRCS requirements, Any and all services provided by Contractor and labor,
materials and equipment used by Contractor, and its, subcontractors, must
comply fully with all Federal, State andlocal laws, regulations and guidance,
B. Contractor will provide a Clean As You Go Policy and supervise and enforce
such policy during debris management operations.
C. To the extent required by applicable federal and state regulations, the County
must approve all of Contractor's Subcontractors prior to their providing service.
Contractor will not use a subcontractor or material supplier to whom the
County reasonably objects. Conti -actor will Supply the County as part of the
Plan of Operations, a list of local individuals and firms under contract. All
contractors and subcontractors will operate in strict accord with local, State,
and Federal laws governing the type of work to be performed.
D. Contractor will work closely with the Monitor Firm to ensure that all work is
NRCS-compliant and that all documentation that the County requires in order
to document the work properly for submission of requests for reimbursement to
NRCS is properly obtained, including COPS coordinates and photos.
Contractor's failure to utilize federally -approved documentation while
performing work may result in nonpayment of services to the Contractor by the
County and termination of the contract,
E. Document management: Contractor will provide data management and
support to the County during the debris management effort, as follows.
I ) Contractor will fill out load tickets in accordance with NRCS
requirements, to track and document debris.
2) Contractor's vehicles and vessels must be identified with certification
placards meeting NRCS requirements. The placards must include the
wording "Monroe County Marine Debris Contractor" and the contractor
name.
3) Contractor must have a system for clearly tracking and documenting all
costs associated with work conducted, and maintaining documentation.
4) Conti -actor shall work closely with the County and municipalities and the
Monitor Firm and other federal, state and local agencies to ensure that the
data provided meets the requirements of the reimbursement agency NRCS.
Contractor shall assist the County in preparing applications for
reimbursement.
5
5) Contractor shall reconcile any discrepancies between the Monitor Firm's
daily report and the corresponding load tickets within fbi-ty-eight (48)
flours,
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of'work, or highlight
features of the work, or modify, change, add to, or delete from the General Scope of this
Proposal Package.
I All licenses required in order to perform the scope of work in the specified
location, shall be procured and rnaintained by the contractor and his
subcontractors. Contractor shall submit copies to the Debris Monitoring
Company (Wood) prior to notice to proceed. Contractor's license shall
accompany proposal,
2. Contractor is to review General Requirernents, for additional responsibilities
required in order to perform this Work,
1 If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most stringent
condition shall be proposed and constructed. Notify Sustainability Manager in
any event, in order to not compromise the Owner's right to make appropriate
decisions.
4. Contractor shall maintain As -Built Drawings of his work progression.
5. Contractor will be responsible for following the pen -nit conditions in. the Florida
Keys National Marine Sanctuary.
6. Contractor shall provide suitable storage containers, and be responsible for
disposal off -site of all debris and trash.
7, The Contractor shall coordinate with Owner's representative on available hours
for Job Site access, Job site will have limited 8AM-6PM work hours Mon -
Saturday. Contractor will need to schedule work shifts typically from 8AM-6PM
weekly, Any change to the agreed upon schedule must be obtained in writing
with a minimum of 72 hrs. advanced notice.
8. Coordination of each days works shall be done in advance with approval from
County / Wood,
9, The Conti -actor shall repair all damage and restore all properties within the Project
footprint to original or better than pre -construction conditions, including County
and private right of way and roads. For roads, repairs shall be provided only for
items beyond normal wear and tear, No additional cost to the County shall be
allowed.
36
The Engineer is: Wood Environment & Infrastructure (Wood.)
Greg Corning, RE,
5845 NW 158'h Street
Miami Lakes, FL, 33014
3 14-920-8359
37
ATTACHMENT D
1 . General Provisions
2. Owner
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
12 Uncovering and Correction of Work
13. Miscellaneous Provisions
14.Termination or Suspension of the Contract
38
liffl�ffl a 10 1 azIr-Al am Wffifflrelye
11.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and' Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners proposal documents, other documents listed in, the Agreement and Modifications issued
after execution of the Contract, and the Contractor's proposal and supporting documentation. A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work
issued' by WOOD/Engineer.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral, The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Engineer and Contractor, (2) between Sustainability/Projects Director and Contractor, (3)
between the WOOD/Engineer and Sustainability/Projects Director, (4) between the Owner and a
Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The
Owner shall, however, be entitled to enforce the obligations under the Contract intended to
facilitate performance of the duties of Sustainability/Projects Director and WOOD/Engineer.
1.1. 3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,,
materials, equipment and services provided or to be provided by the, Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed' under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Sustainability/Projects Director,
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the proposal requirements, sample forms, Conditions of the Contract and
Specifications.,
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed'
and correlated personal observations with requirements of the Contract Documents.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 39 o1'161
1 .2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results,
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in,
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Engineer's Drawings, Specifications and Other Documents
1 .3.1 The Drawing, Specifications and other documents prepared by Wood are instruments of
the Engineer's service through which the Work to be executed by the Contractor is described.
The Contractor may retain one contract record set. Neither the Contractor nor any
Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by Wood. All copies of
them, except the Contractor's record set, shall be returned or suitably accounted for to Wood on
request, upon completion of the Work. The Drawings, Specifications and other documents
prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with
respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub -
subcontractor or material or equipment suppliers unless they are granted a limited license to
use and reproduce applicable portions of the Drawings, Specifications and other documents
prepared by the Engineer appropriate to and for use in the execution of their Work under the
Contract Documents, All copies made under this license shall bear the statutory copyright
notice, if any, shown on the Drawings, Specifications and other documents prepared by the
Engineer. Submittal or distribution to meet official regulatory requirements or for other purposes
in connection with this Project is not to be construed as publication in derogation of copyright or
other reserved rights
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
1.5,11 In the interest of brevity the Contract Documents frequently omit modifying words such
as "'all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
PROJr ;CT SAFETY AND HEALTH PLAN 00970-Page 40 of 161
N��
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.1 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.2 The Owner shall forward all communications to the Contractor through
Sustainability/Projects Director and may contemporaneously provide the same communications
to the Engineer,
2.2.3 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated' herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2A1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to, other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or
Sustainability/Projects Director's and Engineer's and' their respective consultants' additional
services and expenses made necessary by such default, neglect or failure. If payments then, or
thereafter, due the Contractor .are not sufficient to cover such amounts, the Contractor shall pay
the difference to the Owner. In the event of clean-up issues, Owner has right to provide a
minimum of 24 hours' notice. In the event of safety issues determined to be of a serious nature,
as determined by Wood, notice will be given, and contractor is required to rectify deficiency
immediately.
PROJECTSAFETY AND HEALTH PLAN 00970-Page 11 of 161
3.1 Definition
3.1.1 The, Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "'Contractors" refers to persons or entities that perform construction
under Conditions of the Contract that are administered by Sustainability/Projects Director, and
that are identical or substantially similar to these Conditions.
12 Review of Contract Documents and FieldConditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to WOOD/Engineer errors, inconsistencies or omissions discovered. The
Contractor shall not be liable to the Owner, Sustainability/Projects Director or WOOD/Engineer
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to WOOD/Engineer. If the Contractor performs any construction activity knowing it
involves a recognized error, inconsistency or omission in, the Contract Documents without such
notice to WOOD/Engineer, the Contractor shall assume appropriate responsibility for such
performance and shall bear an appropriate amount of the attributable costs for correction.
3.2.2 The Contractor shall take field' measurements and verify field conditions and shall
carefully compare such field' measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to WOOD/Engineer at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12,
3.3 Supervision, and Construction Procedures
3.11 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention, The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of WOOD/Engineer as provided in
Subparagraphs 4,63 and 4.6.5.
3,12 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Sustainability/Projects Director or
WOOD/Engineer in its administration of the Contract, or by test, inspections or approvals
required or performed by persons other than the Contractor.
3.3,4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
PROJECT SAFEITY AND HEALTH PLAN 00970-Page 42 of 161
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract,
14 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the, Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them,
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as, deemed by
WOOD/Engineer, the Contractor will remove and/or replace the employee at the request of
WOOD/Engineer. Employees dismissed from the project will be transported from the job site at
the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment, The Contractor agrees to cooperate with WOOD/Engineer, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
15.1 The Contractor warrants to the Owner, Sustainability/Projects Director and
WOOD/Engineer that materials and equipment furnished under the Contract willl be of good
quality and new unless otherwise required or permitted by the Contract Documents, that the
Work will be free from defects not inherent in the quality required or permitted, and that the
Work will conform with, the requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved and authorized, may be
considered defective, The Contractor's warranty excludes remedy for damage or defect caused
by abuse, modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation, or normal wear and tear under normal usage. If required by
WOOD/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of
materials and' equipment,
pri-NEFF "
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when, bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect,
3.,7 Permits, Fees and Notices
PROJECT SAFETY AND HEALTH PLAN 00970-Page 43 of 161
3.7. 1' The Contractor shall secure and pay for licenses, inspections, testing, and surveys
required by Federal', State, or Municipal entities having jurisdiction over the project for the
proper execution and completion of the Work which are customarily secured after execution of
the Contract and which are legally required at the time bids are received.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Sustainability/Projects Director,
WOOD/Engineer and Owner in writing, and necessary changes shall be accomplished by
appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations, without such notice to Sustainability/Projects Director,
WOOD/Engineer and Owner, the Contractor shall assume full responsibility for such Work and
shall bear the attributable costs.
3.8 Not applicable
3.9 Superintendent
3.9.1 The Contractor shall': employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to WOOD/Engineer and shall not be changed except with
the consent of WOOD/Engineer, unless, the superintendent proves to be unsatisfactory to the
Contractor or ceases to be in his employ.
110 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and WOOD/Engineer's information and Sustainability/Projects Director's approval a
Contractor's Construction, Schedule for the Work. Such: schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate intervals as required by
the conditions of the Work and Project, shall be related to the entire Project construction
schedule to the extent required by the Contract Documents, and shall provide for expeditious
and practicable execution of the Work. This schedule, to be submitted within 7 days after
Notice to Proceed, shall indicate the dates for the starting and completion of the various, stages
of construction, shall be revised as required by the conditions of the Work, and shall be subject
to Sustainability/Projects Director's approval.
3.10.2 The Contractor shall cooperate with WOOD/Engineer in scheduling and performing the
Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or
the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 WOOD/Engineer will schedule and conduct a project meeting at a minimum of one
meeting per week in each month which the Contractor shall attend. At this meeting, the parties
can discuss jointly such matters as progress, scheduling, and problems.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 44 of 161
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 Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Sustainability/Projects Director and WOOD/Engineer and shall be delivered to
WOOD/Engineer for submittal to the Owner upon completion of the Work.
3.112 Shop Drawings, Product Data and Samples
3.121 Shop Drawings are drawings, diagrams, schedules and other data specialty prepared for
the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information, furnished by the Contractor to illustrate materials or
equipment for some portion of the Work,
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents, Review by
WOOD/Engineer is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to WOOD/Engineer, in accordance with
the schedule and sequence approved by Sustainability/Projects Director, Shop Drawings,
Product Data, Samples and similar submittals required by the Contract Documents. The
Contractor shall cooperate with WOOD/Engineer in the coordination of the Contractor's Shop
Drawings, Product Data, Samples and similar submittals with related documents submitted by
other Contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action,
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal! has
been approved by WOOD/Engineer. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by WOOD/Engineer approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed
Sustainabil;ity/Projects Director and WOOD/Engineer in writing of such deviation at the time of
submittal and WOOD/Engineer has given written approval to the, specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by WOOD/Engineer's approval thereof.
. . . ........
PROJECT SXFETY AND HEALTH PLAN 00970-Page 45 of 161
3,12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Sustainability/Projects Director and WOOD/Engineer on previous submittals.
3,12.10 Informational submittals upon which WOOD/Engineer are not expected to take
responsive action may be so identified in the Contract Documents.
3.112.1 1 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, WOOD/Engineer shall be entitled to rely
upon, the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to WOOD/Engineer for approval
by the Owner.
3.13 Use of Sites
3.13.1 The Contractor shall confine operations at the sites to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber the site
with materials or equipment.
3.13,2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, WOOD/Engineer before using any portion of the sites,
3.14 Cutting and Patching
Not applicable
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from, accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or WOOD/Engineer.
115.2 If the Contractor fails to clean up as provided in the Contract Documents,
WOOD/Engineer may do so with the Owner's approval and the cost thereof shall be charged to
the Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Sustainability/Projects Director and
WOOD/Engineer access to the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees, The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Sustainability/Projects
Director and WOOD/Engineer harmless from, loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is, required by the Contract Documents, However, if the
Contractor has reason to believe that the required design,, process or product is an infringement
of a patent-, the Contractor shall be responsible for such loss unless such information is promptly
furnished to the WOOD/Engineer and Sustainability/Projects Director.
PRO ff'C"I' SAFETY AND HEALTH PLAN 00970-3-age 46 of 161
3A 8 Indemnification and Hold Harmless
3.18.1 Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that
he shall indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or
expenses that may be asserted against, initiated with respect to, or sustained by the County and
the COUNTY's elected and appointed officers and employees and the property owner upon
which the work is performed from liabilities damages, losses and costs, including but not limited
to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the Contractor and persons employed or utilized by the
indemnifying party in the performance of the construction contract. The monetary limitation of
liability under this contract shall be not less than $1 million per occurrence pursuant to F. S.
725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event the completion of the project (including 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.
In the event the completion of the project (including 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.
The first ten dollars ($1: 0.00) of remuneration paid to the Contractor is 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.
4.0 ADMlNISTRATION'OF THE CONTACT
4. 1 Wood /Engineer
4.1.1 The Wood /Engineer is the person lawfully licensed to practice engineering or any entity
lawfully practicing engineering iidentified'as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number.
4.2 S,ustainability/Projects Director
4.2.1 Sustainability/Projects Director is the person identified as such in the Agreement and is
referred to throughout the Contract Documents, The term "'Sustainability/Projects Director"
means Monroe County Sustainability/Projects Director or Sustainability/Projects Director's
authorized representative.
............
PROJECT SAFETY AND HEA.I.J11 PLAN 00970-Page 47 of 161
4.3 Duties, responsibilities and limitations of authority of Sustainability/Projects Director and
Wood /Engineer as set forth in the Contract Documents shall not be restricted, modified or
extended without written consent of the Owner, Sustainability/Projects Director, Engineer and
Contractor. Consent shall not be unreasonably withheld.
4.4 In case of termination of employment of Engineer, the Owner shall appoint an Engineer
whose status under the Contract Documents shall be that of the former Architect/Engineer.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Sustainability/Projects Director and WOOD/Engineer will provide administration of the
Contract as described in the Contract Documents, and will be the Owner's representatives (1)
during construction, (2) until final payment is due and (3) with the Owner's concurrence, from
time to time during the correction period described in Paragraph 12.2. Sustainability/Projects
Director and WOOD/Engineer will advise and consult with the Owner and will have authority to
act on behalf of the Owner only to the extent provided in the Contract Document, unless
otherwise modified by written instrument in accordance with other provision of the Contract.
4.6.2 WOOD/Engineer will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 WOOD/Eingineer will provide for coordination of the activities of other Contractors, and of
the Owner's own forces, if any, with the Work of the Contractor, who shall' cooperate with them,
The Contractor shall participate with other Contractors or subcontractors and WOOD/Engineer
Owner in reviewing their construction schedules when directed to do so. The Contractor shall
make any revisions to the Construction schedule deemed necessary after a joint review and
mutual agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, WOOD/Engineer and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 WOOD/Engineer will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents, On the basis, of on -site observations of
WOOD/Engineer, WOOD will keep the Owner informed of progress of the Work, and will
endeavor to guard the Owner against defects and deficiencies in the work.
4,6.6 Sustainability/Projects Director and WOOD/Engineer will not have control over or charge
of and will not be responsible for construction means, method, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since these
are solely the Contractor's responsibility as provided in Paragraph 3,.3, and neither will be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract
Documents, Neither Sustainability/Projects Director nor WOOD/Engineer will have control over,
or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of .any other persons performing portions of the Work,
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Sustainability/Projects Director, and shall
PROJECT SAFETY AND HEALTH PLAN 00970-Page 48 of 161
contemporaneously provide the same communications to the WOOD/Engineer.
Communications by and with the Engineer's consultants shall be through the Engineer.
Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with other Contractors shall, be through
S ustai na bil ity/ Projects Director and shall be contemporaneously provided to the
WOOD/Engineer,
4.6.8 WOOD/Engineer will review and certify all Applications for Payment by the Contractor,
including final payment. WGOD/Engineer will assemble each of the Contractor's Applications
for Payment with similar Applications from other Contractor into a Project Application for
Payment. After reviewing and certifying the amounts due the Contractors, the Project
Application for Payment, along with the applicable Contractors' Applications for Payment, will be
processed by Sus,taina,bility/Projects Director.
4.6.9 Based on WOOD/Engineer's observations and evaluations of Contractors' Applications
for Payment, WOOL D/Engineer will certify the amounts due the Contractors and will issue a
Project Approval for Payment.
4.6.116 WOOD/Engineer will have authority to reject Work which does not conform to the
Contract Documents, and to require additional' inspection or testing, in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such: Work is fabricated, installed or
completed, but will take such action only after notifying Sustainability/Projects Director. Subject
to review, Sustainability/Projects Director will have the authority to reject Work whiich does not
conform to the Contract Documents. Whenever WOOD/Engineer considers it necessary or
advisable for implementation of the intent of the Contract Documents, WOOD/Engineer have
authority to require additional inspection or testing of the work in accordance with
Subparagraphs 13,5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. The foregoing authority of Sustai na bility/ Projects Director will be subject to the
provisions of Subparagraphs 4.6,18 through 4.6.20 inclusive, with respect to interpretations and
decisions of WOOD/Engineer. However, neither WOOD/Engineer's nor Sustainability/Projects
Director's authority to act under this Subparagraph 4.6. 10 nor a decision made by either of them
in good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of WOOD/Engineer or Sustainability/Projects Director to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees, or other persons
performing any of the Work.
4.6.11 WOOD/Engineer will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and review those recommended for approval. WOOD/Engineer's actions will be
taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in
the activities of other Contractors or the Owner.
4.6.12 WOOD/Engineer will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. WOOD/Engineer's action will be taken with such,
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or
Sustainability/Projects Director, while allowing sufficient time to permit adequate review.
Review of such submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as Contractor as required by the Contract Documents.
PROJECT SAFETY AND HEALTH PLAN 00970-1"age 49 of 161
WOOD/Engineer's review of the, Contractor's submittals shall' not relieve the Contractor of the
obligations under Paragraphs 3.3, 3.5 and 3.12. WOOD/Engineer's review shall not constitute
approval of safety precautions or, unless otherwise specifically stated by WOOD/Engineer, of
any construction means, methods, techniques, sequences or procedures. WOOD/Engineer's
approval of a specific item shall not indicate approval of an assembly of which the item is a
component.
4.6.13 Sustainability/Projects Director will prepare Change Orders and Construction Change
Directives, in consultation with WOOD/Engineer.
4.6.114 Following consultation with WOOD/Engineer, Sustainability/Projects Director will take
appropriate action on Change Orders or Construction Change Directives.
4.6.16 The Contractor will assist WOOD/Engineer in conducting inspections to determine the
dates of Substantial completion and final completion, and will receive and forward to
WOOD/Engineer written warranties and related documents required by the Contract and
assembled by the Contractor. WOOD/Engineer will review and approve a final Project
Application for Payment upon compliance with the requirements of the Contract Documents.
4.6.17 WOOD/Engineer will provide one or more project representatives to assist in carrying
out their responsibilities at the site. The duties, responsibilities and limitations of authority of
such project representatives shall be as set forth in an Exhibit to be incorporated in the Contract
Documents.
4.6.18 WOOD/Engineer will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Owner or Contractor.
WOOD/Engineer's response to such requests will be made with reasonable promptness and
within any time limits agreed upon. If no agreement is made concerning the time within which
interpretations required of Engineer shall be furnished in compliance with this, Paragraph 4.6,
then delay shall not be recognized on account of failure by Engineer to furnish such
interpretations until 15 days after written request is made for them,
4.6.19 Interpretations and decisions of Sustainability/Projects Director will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be in writing or in
the form of drawings. When making such interpretations and decisions, Sustainability/Projects
Director will endeavor to secure faithful performance by both Owner and Contractor, will not
show partiality to either and will not be liable for results of interpretations or decisions so
rendered in good faith.
4.6.20 Sustainability/Projects Director's decisions on matters relating to aesthetic effect will be
final if consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7A Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, and extension of
time or other relief with respect to the terms of the Contract. The term "Claim" also includes
other disputes and matters in question between the Owner and Contractor arising out of or
relating to the Contract. Claims must be made by written notice. The responsibility to
substantiate Claims shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor and Sustainability/Projects Director shall try to
resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. , Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16h Judicial Circuit, Monroe County, Florida.
PROJECTSAFETY AND HEALTH PLAN 00970-Page 50 of 161
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legalaction or suit,
4.7.4 Continuing Contract Performance, Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment, The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents,, or
3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in:, the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions, Sustainability/Projects Director will promptly investigate such, conditions, and the
parties will follow the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from Sustainability/Projects
Director, (2) a written order for a minor change in the Work issued by WOOD/Engineer, (3)
failure of payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's
suspension or (6) other reasonable grounds, Claim shall be filed in accordance with the
procedure established herein,
4.7.8 Claims for Additional Time.
4.7,8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury, or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
PROJECT SAS AND HEALTH PLAN 00970-P'age 51 of 161
other party's employees or agents, or of others for whose acts such party is, legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as providedin Subparagraphs,
4.7.7 or 4.7.8,
5.0 SUBCONTRACTORS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub -
subcontractor or an authorized representative of the Sub -subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
52 1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Sustainability/Projects Director for review by the Owner and Sustainability/Projects Director the
names of persons or entities (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal portion of the Work.
Sustainability/Projects Director will promptly reply to the Contractor in writing stating whether or
not the Owner or Sustainability/Projects Director, after due investigation, has reasonable
objection to any such proposed person or entity. Failure of Sustainability/Projects Director to
reply promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or
Sustainability/Projects Director has made reasonable and timely objection. The Contractor shall
not be required to contract with anyone to whom the Owner or Sustainability/Projects Director
has made reasonable objection.
5.2.3 If the Owner or Sustainability/Projects Director refuses to accept any person or entity on
a list submitted by the Contractor in response to the requirements of the Contract Documents,
the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution,
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner or Sustainability/Projects Director makes reasonable objection to such change.
5.3 Subcontractual Relations
1. 5.3.1 By appropriate written agreement, the Contractor shall require each
Subcontractor, to the, extent of the Work to be performed by the Subcontractor, to be bound to
the Contractor by terms of the Contract Documents, and to assume toward the Contractor all
the obligations and responsibilities which the Contractor, by these Documents, assumes toward
the Owner or Sustainability/Projects Director. Each subcontract agreement shall preserve and
PROJECTSAFETY AND HEALTH PLAN 00970-Page 52 of 161
protect the rights of the Owner or Sustainabifity/Projects Director under the Contract Documents
with respect to the Work to be performed by the Subcontractor so that subcontracting thereof
will not prejudice such rights. When appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall
make available to each proposed Subcontractor, copies of the Contract Documents which the
Subcontractor will be bound, and, upon written, request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposedsubcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall similarly make copies of applicable
portions of such documents available to their respective proposed Sub -subcontractors.
5.4 Contingent Assignment of Subcontracts
5A,1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which, the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
a, If the work has been suspended for more than 30 days, the Subcontractor's
compensation shall be equitably adjusted.
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Sustainability/Pirojects Director. The Owner further reserves the right to
award other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identicalor substantially similar to these
including those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by
Sustainability/Projects Director, the Owner shall provide for coordination of such forces with the
Work of the Contractor who shall cooperate with them,
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Sustainability/Projects Director shall! be held
harmless for any and all costs associated with improper coordination,
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, WOOD/Engineer and other
contractors' reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
622 If part of the Contractor's Work depends for proper execuition or results upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
PROJECTSAFETY AND flEALT11 PLA➢'*T 00970-Page 53 of 161
prior to proceeding with that portion of the Work, promptly report to any apparent d'iscrepancies
or defects in such other construction that would render it unsuitable for such proper execution
and' results, Failure of the Contractor so to report shall constitute an acknowledgment that the
Owner's own forces or other contractors' completed' or partially completed construction is fit and
proper to receive the Contractor's Work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the, Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the, Owner or other contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations,
626 The Owner and other contractors shall have the same responsibilities for 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
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Sustainability/Projects Director in writing, of his contention: setting forth (A)
the cause for the delay, (B) a description of the portion or portions of work affected thereby, and
(C) all details pertinent thereto. A subsequent written application for the specific number of days
of extension of time requested shall be made by the Contractor to Susta,inability/Projects
Director within (72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time, he shall have no claim against the Owner or
Sustainability/Projects Director for an increase in the Contract price, nor a claim against the
Owner or Sustainability/Projects Director for a payment or allowance of any kind for damage,
loss or expense resulting from delays; nor shall' the Contractor have any claim for damage, loss
or expense resulting from interruptions to, or suspension of, his work to enable other contractors
to perform their work. The only remedy available to the Contractor shall be an extension of
time.
6.3 Ownier"s Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Sustainability/Projects Director
determines to be just.
7.0 CHANGES IN THE WORK
7.1 Changes
PROJECTSAFETY AND HEAUrit PLAN 00970-Page 54 of 161
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction! Change Directive or order for a minor
change in the Work, subject to the limitations stated in this, Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner,
Su:stainability/Projects Director, WOOD/Engineer and Contractor; a Construction Change
Directive requires agreement by the Owner and Sustainability/Projects, Director and may or may
not be agreed to by the Contractor,
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed' will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall' be equitably
adjusted.
7.2 Change Orders
721 A change Order is a written instrument prepared by WOOD/Engineer and signed by the
Owner, Sustainability/Projects Director and Contractor stating their agreement upon all of the
following:
.1 a change in the Work;,
.2 the amount of the adjustment in the Contract Sum, if any-, and
.3 the extent of the adjustment in the Contract Time, if any,
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and' a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Sustainability/Proj:ects Director is received,
shall promptly proceed with the Work involved. The cost of such Work shall then be determined
by daily force accounts in a form acceptable to the Owner and Sustai�nability/Projects Director,
The daily force account forms shall identify Contractor and /or Subcontractor personnel by
name, total hours, for each man, each piece of equipment and total hours for equipment and all
material(s) by type for each extra Work activity claim. Each daily force account form shall be
signed by the designated Sustainability/Projects Director representative no later than the close
of business on the day the Work is performed to verify the items and hours listed. Extended
PROJECT SAFETY AND HEALTH PLAN 00970-Page 55 of 161
pricing of these forms shall be submitted to Sustainability/Projects Director with all supporting
documentation required by Sustainability/Projects Director for inclusion into a change order.
Unless otherwise provided in the Contract Documents, cost shall be limited to the following. -
cost of materials, including sales tax and cost of delivery; cost of labor, including social security,
old age and unemployment insurance, and fringe benefits required by agreement or custom;
works' or workmen's compensation insurance; and the rental value of equipment and
machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4.
Pending final determination of cost, payments on account shal'I be, made as determined by
Sustainability/Projects Director. The amount of credit to be allowed by the Contractor for any
deletion or change, which results in a net decrease in the Contract Sum,, will be the amount of
the actual net cost to the Owner as confirmed by Sustainability/Projects Director, When both
additions and credits covering related Work or substitutions are involved in any one change, the
allowance for overhead and profit shall be figured on the basis of the net increase, if any with
respect to that change,
7.,2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall' be allowed on items of Social Security and Sales Tax. If deductions
are, ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered' by unit prices set
forth in the Contract Documents) shall be computed as follows,
A if the Contractor performs the actual Work, the maximum, percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
, 2 if the Subcontractor performs the actual Work, the subcontractor"s percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%);
3. If the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead' and profit
shall be a maximum addition of ten percent (110%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through ustainability/Projects Director, an
itemized breakdown of the quantities and prices used in computing the value of any change that
might be ordered. Any additional supporting documentation requested by
Sustainability/Projects Director such as certified quotations or invoices shall be provided by the
Contractor to Sustainabiflty/Projects Director at no additional cost to the Owner.
726 If the Contractor claims that any instructions given to him by WOOD/Engineer, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give
Suistainability/Projects Director written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with, Paragraph, 10.3,
........... . .. -
PROJECL SAFETY AND HEALTH PLAN 00970-Page 56 of 161
' 1 The written notice to Sustainability/Projects Director for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be allowed
unless the complete notice specified by this subparagraph is given by the Contractor.
7.2,7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.3 Authority
7.3.1 WOOD/Engineer will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through WOOD/Engineer and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
8.0 TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is, the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work,
8,1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
which the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Sustainability/Projects
Director in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The, Owner/Sustainability/Projects Director shall be the final judge as to whether
Substantial Completion has been achieved and certifies the date to the Contractor.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing! the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance,
PROJECT SAFE'n, AND HEALTH PLAN 00970-Page 57 of 161
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Sustainability/Projects Director, or the WOOD/Engineer, or by any
employee of either, or by any separate contractor employed by the Owner, or by changes
ordered in the, Work, or by fire, unusual delay in transportation, adverse weather conditions not
reasonably anticiplatable, unavoidable casualties or any causes beyond the Contractor's control,
or by delay authorized by the Owner, Sustainabifity/Projects Director, or by any other cause
which Sustainability/Projects Director determines may justify the delay, then the Contract Time
shall be extended, by no cost Change Order for such reasonable time as Sustainability/Projects
Director may determine, in accordance with, subparagraph 6,27.
8.3.2 Any claim for extension of time shall be made in writing to Sustainability/Projects
Director not more than Seventy-two (72) hours after the commencement of the delay in:
accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time
shall state the cause of the delay and the number of days of extension requested. If the cause
of the delay is continuing, only one claim is necessary, but the Contractor shall report the
termination of the cause for the delay within seventy-two (72) hours after such termination in
accordance with paragraph 16.2.7; otherwise, any claim for extension of time based upon that
cause shall be waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.14 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
9.1 Contract Sum
9.1.1 The Contract Sum is stated in, the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents,
9.2 Schedu!le of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to
WOOD/Engineer, a schedule of values allocated to various portions of the Work, prepared in
such form and' supported by such data to, substantiate its accuracy as WOOD/Engineer may
require, This schedule, unless objected to by Slustainability/Projects Director, shall be used as a
basis for reviewing the Contractor's Applications for Payment,
9.3 Applications for Payment
9.31 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to WOOD/Engineer an itemized Application for Payment for Work
completed in accordance with the schedule, of values. Such application shall be notarized and
PROJECT SAFETY AND HEALTH PLAN 00970-Page 58 of 161
supported by such data substantiating the Contractor's right to payment as the, Owner or
Sustainability/Projects Director may require, such as copies of requisitions from Subcontractors
and material suppliers, and reflecting retainage if provided for elsewhere, in the Contract
Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
,2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason,
9.3.2 Unless otherwise provided in the, Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. if approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shalli be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and: transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application, for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which approval for payment have been
previously iissued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work, All Subcontractors and Sub -subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materiallmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 WOOD/Engineer will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the WOOD/Engineer's receipt of the Project Application for Payment,
WOOD/Engineer will either recommend approval to the Sustainability/Projects Director for the
Application for Payment, with; a copy to the Contractor, for such amount as WOOD/Engineer
recommends to the Sustainability/Projects Director is properly due, or notify the Contractor in
writing of WOOD/Engineer's reasons for withholding approval in whole or in part as provided in
Subparagraph 9.5.1
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
by WOOD/Engineer to the Owner, based on, their individual observations at the site and the
data comprising the Application for Payment submitted by the Contractor, that the Work has
progressed to the point indicated and: that, to the best of WOOD/Engineer's knowledge,
PROJECT SAFE'ry AND HEALTH PLAN 00970-Page 59 of 161
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation, of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by WOOD/Engineer. The issuance of a separate
Approval for Payment will further constitute a representation that the Contractor is entitled to
payment in the amount approved. However, the issuance of a separate Approval for Payment
will not be a representation that WOOD/Engineer has (1) made exhaustive or continuous on -site
inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques,, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum,
9.5 Decisions to Withhold Approval
9.5.1 WOOD/Engineer may decline to approve an Application for Payment if, in his opinion,
the application is not adequately supported. If the Contractor and WOOD/Engineer cannot
agree on a revised amount, WOOD/Engineer shall process the Application for the amount it
deems appropriate. WOOD/Engineer may also decline to approve any Application for Payment
because of subsequently discovered evidence or subsequent inspections. It may nullify,, in
whole or part, any approval previously made to such extent as may be necessary in its opinion
because of: (1) defective Work not remedied; (2) third party claims filed or reasonable
evidence indicating probable filing of such claims; (3) failure of the Contractor to make
payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable
evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5)
damage to WOOD/Engineer, Sustainability/Projects Director, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents,
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Sustainability/Projects Director,
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After WOOD/Engineer has issued an Approval for Payment, the Owner shall make
payment in the manner and within the time provided in the, Contract Documents, and shall so
notify WOOD/Engineer. From the total of the amount determined to be payable on a progress
payment, a retainage in accordance with the Florida Local Government Prompt Payment Act,
Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final
payment is made. The balance of the amount payable, less all previous payments, shall be
approved for payment, .1 It is understood and agreed that the Contractor shall not be
entitled to demand or receive progress payment based on quantities of Work in excess of those
provided in the proposal or covered by approved change orders, except when such excess
PROJECTSAFETY AND HEALTH PLAN 00970-Page 60 of'161
quantities have been determined by WOOD/Engineer and Sustainability/Projects Director to be
a part of the final quantity for the item of Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub -subcontractors in similar manner.
9.6.8 WOOD/Engineer will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken
thereon by the Owner and Sustainability/Projects Director on account of portions of the Work
done by such Subcontractor.
9.6.4 Neither the Owner nor Sustainability/Projects Director shall have an obligation to pay, or
to see to, the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2„ 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9n6.7 All material' and: work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from, the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Sustainability/Projects Director to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and util'lity services not later than
the end of the callendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed' the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each ,Subcontractor to make
payments to his suppliers and Sub -subcontractors in a similar manner.
9.7 Substantial Completion
9.7.1 ;Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.7.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and WOOD/Engineer
shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor
PROJECT SAFETY AND ➢1E.AL.TL1 P1..AN 00970-Page 61 of 161
shall proceed promptly to complete and correct items on the list. Failure to include an item on
such list does not alter the responsibility of the Contractor to complete all Work in accordance
with the Contract Documents. Upon receipt of the list, WOOD/Engineer will make an inspection
to determine whether the Work or designated' portion thereof is substantially complete. If the
inspection discloses any item, whether or not included on the list, which is not in accordance
with the requirements of the Contract Documents, the Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by
WOOD/Engineer. The Contractor shall then submit a request for another inspection by
WOOD/Engineer, to determine Substantial Completion. When the Work or designated portion,
thereof is substantially complete, WOOD/Engineer will prepare a Certificate of Substantial
Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall' fix the time, within
which the, Contractor shall finish all items on the fist accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of
the Work or designated: portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to the
Owner and Contractor for their written acceptance of responsibilities assigned to them in such
Certificate.
9.7,3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by WOOD/Engineer and Sustainability/Projects
Director, the Owner shall make payment, reflecting adjustment in retainage, if any, for such
Work or portion thereof as provided in the Contract Documents.
9.8 Partial Occupancy or Use
9.8.1 The Owner may occupy or use any completed or partiallIy completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11,31 and authorized by public authorities having jurisdiction over the Work. Such! partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the, Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and WOOD/Engineer shall jointly
prepare a list as provided under Subparagraph 9.8,2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, if no
agreement is reached, by decision of Sustainability/Projects Director.
9.8.2 Immediately prior to such partial occupancy or use, the Owner, Sustainability/Projects
Director, WOOD/Engineer and Contractor shall jointly inspect the area to be occupied or portion
of the Work to be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.9 Final Completion and Final Payment
9.9. 1 Upon completion of the Work, the Contractor shall forward to WOOD/Engineer a written
Notice that the Work is ready for final inspection and acceptance and shall also forward to
PROJEC'J'SAFETY AND HEALTH PLAN 00970-Page 62 of 161
WOOD/Engineer a final Contractor's Application for Payment. Upon receipt, WOOD/Engineer
will promptly make such inspection. When WOOD/Engineer finds the Work acceptable under
the Contract Documents and the Contract fully performed, WOOD/Engineer will promptly issue
a final Approval for Payment stating that to the best of their knowledge, information and belief,
and on the basis of their observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance
found to be due the Contractor and noted in said final Approval is due and payable.
WOOD/Engineer's final Approval for Payment will constitute a further representation that
conditions listed in Subparagraph, 9. 10.2 as precedent to the Contractor's being entitled to final
payment have been fulfilled.
9.9.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to WOOD/Engineer and Susta ina bi lity/Projects Director (1) an affidavit that
payrolls, bills for materials and equipment, and other indebtedness connected' with the Work for
which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after finalpayment is made, is
currently in effect and will not be canceled or allowed to expire until at least 30 days' prior
written notice has been given to the Owner, (3) a written statement that the Contractor knows of
no substantial reason that the insurance will not be renewable to cover the period required by
the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the
Owner, other data establishing payment or satisfaction of obligations,, such as receipts, releases
and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The
following documents (samples included in section 1027) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies, in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downlo,adable CD/DVD of all the following but not limited
to:
A -Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel,
C. Electronic copies of approved submittals
D. Evidence of payment and final release of liens and consent of surety to final release
(includes final release from all utilities and utility companies),
9.9.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 63 of 16t
9�. 10 Payment of Subcontractors
9.10.1 Any requirement of this Article 9 that the Contractor furnish proof to the, Owner or
Sustainability/Projects Director that the subcontractors and materialmen have been paid is for
the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.10 in all its contracts with
subcontractors and materialmen.
10.11 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract, The Contractor
shall submit the Contractor's safety program to WOOD/Engineer for review, approval and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered' harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Sustainability/Projects Director and WOOD/Engineer in writing. The Work in the
affected area shall not thereafter be resumed except by written agreement of the Owner and
Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been
rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos
or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written
agreement of the Owner and Contractor.
10, 1 .3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 IIf reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to WOOD/Engi'neer and Sustainability/Projects, Director in writing. The
Owner, Contractor and Sustainability/Projects Director shall then proceed in the same manner
described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, WOOD/Engineer and Sustainability/Projects Director the names and
qualifications of persons or entities who are to perform tests verifying the presence, or absence
of such material or substance or who are to perform the task of removal or safe containment of
such material or substance. The Contractor, WOOD/Engineer and Sustainability/Projects
Director will promptly reply to the Owner in writing stating whether or not any of them, has
reasonable objection to the persons or entities proposed by the Owner. If the Contractor,
WOOD/Engineer or Sustai nab i lity/Projects Director has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor,
WOOD/Engineer and Sustainability/Projects Director have no reasonable objection.
PROJECTSAFETY AND HEAMI PLAN 00970-Page 64 of 161
10.2 Safety of Persons and Property
10-2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
1 employees on the Worlk and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on, or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2,1.2, 10213, 110-2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 1021,2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Sustainability/Projects Director or WOOD/Engineer or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents., This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in, writing to the Owner,
WOOD/Engineer or S ustai nab Hity/Projects Director.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded,
so as to endanger its safety.
10.3 Emergencies
10.3.1 in an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4,7 and Article 7.
PROJECT'SAFETY AND HEALTH PLAN 00970-Page 65 of'161
10.4 Site Specific Safety Plan
See Section 00970 for minimum requirements of job site safety plan.
11 0 INSURANCE AND BONDS
11 .1A Prior to commencement of Work governed by this contract (including the pre -staging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement.
The Contractor will' ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules,
11.1.2 The Contractor will not be permitted' to commence Work governed by the Agreement
(including pre staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required' insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments !shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11 , 1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and' any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11. 1.4 The Contractor shall provide, to the County in care of Sustainability/Projects Director as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
M
A certified copy of the actual insurance policy
11 A.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11 . 1 .6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer,
11, 1 .7 The acceptance and'/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 66 of 161
11,11.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County -owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager,
11.2 Builder's Risk lnsurance. Not Required
11.3 Public Construction; Bond
11 .3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form
provided by the Owner as a guarantee for the faithful performance of the Contract (including
guarantee and maintenance provisions) and the payment of all obligations arising thereunder.
The Public Construction Bond shall be in an amount at least equal to the contract price. This
contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated
herein.
12.1 Uncovering of Work
12-1.1 If a portion of the Work is covered contrary to WOOD/Engineer's request or to
requilrements specifically expressed in the Contract Documents, it must, if required in writing by
WOOD/Engineer, be uncovered for their observation and be replaced at the Contractor's
expense without change in the Contract Time.
121.2 If a portion of the Work has been covered which WOOD/Engineer has not specifically
requested to observe prior to its being covered, WOOD/Engineer may request to see such Work
and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract
Documents, costs of uncovering and replacement shall, by appropriate Change Order, be
charged to the Owner, if such Work is not in accordance with the Contract Documents, the
Contractor shall pay such costs unless the condition was caused by the Owner or one of the
other Contractors in which event the Owner shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by WOOD/Engineer or failing to
conform to the requirements of the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The Contractor
shall bear costs of correcting such rejected Work, including additional testing and inspections
and compensation for WOOD/Eniginleer's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion, thereof, or after the date for commencement of warranties established under
Subparagraph 9,9, or by terms of an: applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the, Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between! Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
PROJECT" SAFE TY AND HEM.,"m. PLAN 00970-Page 67 of'161
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice ipromptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed' with
correction of such nonconforming Work within a reasonable time fixed by written notice from
WOOD/Engineer, the Owner may remove it and store the salvageable materials or equipment at
the Contractor's expense, If the Contractor does not pay costs of such removal and storage
within ten days after written notice, the Owner may upon ten additional days' written notice sell
such materials and equipment at auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have been borne by the Contractor,
including compensation for WOOD/Engineer's services and expenses made necessary thereby.
If such proceeds of sale do not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced Iby the deficiency. If payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
1225 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed' or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
1'2.2,6 Nothing contained iin this Paragraph 12.2 shall be construed to establish, a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents, Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12,31 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made,
13.0 MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida,
13.2 Successors and Assigns
13.2.1 The Owner or Sustainability/Projects Director (as the case may be) and the Contractor
each binds himself, his partners, successors, assigns, and legal representatives of such other
party in respect to all covenants, agreements, and obligations contained in the Contract
PROJECT SAFUTY AND Jrr[EALT1 I PLAN 00970-Page 68 of 161
Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole
without the written consent of the other,
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Sustainability/Projects Director.
13.3.1 Any written notices or correspondence, given pursuant to this contract shall be sent by
United States Maii, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor: Sevenson Environmental Services, Inc., Attn: Michael A. El:ia, 2749 Lockport
road, Niagra Falls, NY 33142
For Owner: SustainabilitylProjects Director County Administrator
Rhonda Haag Roman Gastesi
102050 Overseas Highway, Ste. 246 1100 Simonton St., Ste. 2-205
Key Largo, FL 33037 Key West, FL 33040
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available there under shall be in addition to and not a limitation, of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Sustainability/Projects Director,
WOOD/Engineer or Contractor shall constitute a waiver of a right or duty afforded them under
the contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the, Owner, or with the appropriate, public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give
WOOD/Engineer timely notice of when and where tests and inspections are to be made so
WOOD/Engineer may observe such procedures. The Owner shall bear costs of test,
inspections or approvals which do not become requirements until after bids are received or
negotiations concluded.
115.2 If WOOD/Engineer, Sustainability/Projects Director, Owner or public authorities having
jurisdiction determine that portions of the Work require additional testing, inspection or approval
not included under Subparagraph 13,5.1, WOOD/Engineer will, upon written authorization from
the Sustainability/Projects Director or Owner, instruct the Contractor to make arrangements for
such additional testing, inspection or approval by an entity acceptable to the Owner, and the
Contractor shall give timely notice to WOOD/Engineer of when and where tests and inspections
are to be made so WOOD/Engineer may observe such procedures. The Owner shall bear such
costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.51 and
PROJECT SAFETY AND 11EAL'm PLAN 00970-Page 69 of 161
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for WOOD/Engineers services and
expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to
WOOD/Engineer.
13.5.5 If WOOD/Engineer is to observe tests, inspections or approvals required by the Contract
Documents, WOOD/Engineer will do so promptly and, where practicable, at the normal place of
testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13,71 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
14.0 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
114,11,11 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fail's to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or ruIes, regulations or orders of a public
authority having jurisdiction;
or
.4 Otherwise is guilty of substantial breach of a provision of the Contract Documents.,
14.1.2 When any of the above reasons exist, the Owner, after consultation with
WOOD/Engineer,, and upon certification by Sustainabifity/Projects Director that sufficient cause
exists to justify such action, may without prejudice to any other rights or remedies of the Owner
and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice,
terminate employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equiipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5,4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
114. 1. 3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
PROJEcr SAFETY AND HEALTH PLAN 00970-Pa-e 70 oF161
14. 1. 1, the Contractor shall not be entitled to receive further payment until the Work is finished,
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to, terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.,
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination
049911IRT11114106W, OR= :61
A. Every Contractor and Subcontractor employed on the Project shall comply with all
applicable local, State, and Federal safety and health regulations and with Monroe County
safety and health policies as described herein.
The Contractor shall comply with OSHA (Occupational Safety and Health: Administration) Parts
1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.
Requests for variances or waiver from this supplement are to be made to the Contracting Officer
in writing supported by evidence that every reasonable effort has been made to comply with the
contractual requirements. A written request for a waiver or variance shall include--
(1) Specific reference to the provision or standard in question,;
(2) An explanation as to why the waiver is considered justified; and
(3) The Contractor's proposed alternative, including technical drawings, materials, or equipment
specifications needed to enable the Contracting Officer to render a decision.
No waiver or variance will be approved if it endangers any person. The Contractor shall not
proceed under any requested revision of provision until the Contracting Officer has given, written
approval. The Contractor is to hold and save harmless Monroe county Florida free from any
claims or causes of action whatsoever resulting from the Contractor or subcontractors
proceeding under a waiver or approved variance.
Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations,
may be obtained from:
U.S. Government Printing Office Bookstore
710 North Capitol Street N.W.
Washington, DC,
t!!.�L/�/www. too -g2y�/about/book store, htm
PROJECT SAFETY AND HEALTH PLAN 00970-Page 71 ofl 61
SAFETY PROGRAM
Each Contractor and sub -contractor is to demonstrate that he or she has facilities for conducting
a safety program commensurate with the work under contract. The Contractor is to submit in
writing a proposed comprehensive site specific safety program for approval to the Contracting
Officer for Monroe County before the start of construction operations,
The program is to specifically state what provisions, the Contractor proposes, to take for the
health, and safety of aII employees, including subcontractors and rental equipment operators.
The program, shall be site specific and provide details relevant to the work to be done, the
hazards associated with the work, and the actions that will be necessary to minimize the
identified hazards.
The Safety Program will also be required to provide emergency contact person, emergency
planning and a personnel evacuation plan for any hurricane evacuation event,
1,2 PRECONSTRUCTION SAFETY MEETING
Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's
representative before the start of construction to discuss the safety program and the
implementation of all health and safety standards pertinent to the work under this contract.
1.3 JOINT SAFETY POLICY COMMITTEE
The Contractor or designated on -site representative is to participate in monthly meetings of a
joint Safety Policy Committee with WOOD/Engineer and Contractor supervisory personnel. At
these meetings the Contractor's project manager and the Contracting Officer will review the
effectiveness of the Contractor's safety effort, resolve current health and safety problems, and
coordinate safety activities for upcoming work.
1A SAFETY PERSONNEL
Each Contractor is to designate a competent supervisory employee satisfactory to the
Contracting Officer to administer the safety program.
The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with
the OSHA and Emergency Phone Number posters.
A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all
field supervisors or foremen and attended by mechanics and all construction personnel at the
jobsite.
The Contractor is to also conduct regularly scheduled supervisory safety meetings at least
monthly for all levels of job supervision,
PROJECTSAFETY AND HEALTH PLAN 00970-Page 72 of 161
Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the
safety and health, requirements of this project and to enforce adherence to safe work
procedures,
Each Contractor and Subcontractor shall cooperate fully with all other contractors in their
respective safety and health programs.
1.6 SAFETY INSPECTION
The Contractor shall per -form frequent and regular safety inspections of the jobsite, materials,
,and equipment, and shall correct deficiencies.
Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be
removed daily or placed in appropriate waste containers. All materials, tools, and equipment
shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to
a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed
duration of three hours.
In summary, there will be a three-part clean-ulp plan.
1;. The first part consists of the contractor cleaning up on a daily basis, his workstations, and
his trade work,
2. The second part consists of the general clean-up, the concerted effort by all trade
contractors working on the project. A minimum of one (1) crew is to be utilized by each
contractor, or 10%, whichever is more.
3. The third part consists of the Owner cleaning up for a particular trade contractor should
,adequate notice not compel him to clean up his work. In this case, the appropriate
contractors will be back charged.
Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard
Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for
approvall. The analysis will'! address the hazards for each activity to be performedin that phase
and will present the procedures and safeguards necessary to eliminate the hazards or reduce
the risk to an acceptable level. A phase is defined as an operation involving a type of work
presenting hazards not experienced in previous operations or where a new subcontractor or
work crew is to perform work. The analysis will be discussed by the contractor and Monroe
County on -site representatives at the Preparatory Inspection Meeting. Work will not proceed on
that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe
County.
If Monroe County notifies any Contractor of any noncompliance with the provisions of this
program, the Contractor shall make all reasonable efforts to immediately correct the unsafe
conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the
Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe
County shall take one or more of the following steps:
a. Cease the operation or a portion thereof.
PROJECTSAFETY AND HEALTH PLAN 00970-Page 73 of 161
b. Stop payment for the work being performed.
c. Correct the situation using other forces and back charge the Contractor expenses
incurred.
d. Increase withholding in proportional increments for that given pay period.
I WIIIIIIIIIIIIIIIIIII a I 80BAW-Al I oil I 11krul I Hum
Every Contractor foreman's work crew must include an employee who has a current first aid
certificate from the, American Red Cross, or other Monroe County -approved organization.
HR�20101:16110
Each Contractor is, to maintain an accurate record of all jolb-related deaths, diseases, or
disabling injuries. The records shall be maintained in a manner approved by the Contracting
Officer. A copy of all reports is to be provided to the Contracting Officer,
All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every
assistance is to, be given in the investigation of the incident, including submission of a
comprehensive narrative report to the Contracting Officer, Other occurrences with serious
accident potential, such as equipment failures, slides, and cave-ins, must also be reported
immediately.
The Contractor is to assist and cooperate fully with the Contracting Officer in conducting
accident investigations. The Contracting Officer is to be furnished all information and data
pertinent to investigation of an accident.
1.9 CERTIFICATION OF INSURANCE
Contractors are to provide the Contracting Officer or his or her authorized representative with
certificates of insurance before the start of operations indicating full compliance with State
Worker's Compensation statutes, as well as other certificates of insurance required under the
contract.
2.0 FIRST AID AND MEDICAL FACILITIES
2.1 FIRST AID KITS
A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well -
identified, locations at the ratio of at least 1 kit for each 25 employees. The first aidl kits are to be
moisture proof and dust tight, and the contents of the kits are to be replenished as used or as
they become ineffective or outdated.
At least one employee certified to administer emergency first aid must be available on each shift
and duly designated by the Contractor to care for injured employees. The names of the certified
employees shall be posted at the jobsite.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 74 MAO
Prior to the start of work, the Contractor is to make necessary arrangements for prompt and
dependable communications, transportation, and medical care for injured employees.
2.2 FIRST AID AND MEDICAL REPORTS
The Contractor is to maintain a record system for first aid and medical treatment on the jobsite.
Such records are to be readily available to the Contracting Officer and are to include --
(a) A daily treatment log listing chronologically all persons treated for occupational injuries and
illnesses;
(b) Cumulative record of injury for each individual;
(c) Monthly statistical records of occupational injuries, classified by type and nature of injury;
and
(d) Required records for worker's compensation.
2.5 SIGNS AND DIRECTIONAL MARKINGS
Adequate identification and directional markers are to be provided to readily denote the location
of all first aid stations,
2.3 EMERGENCY LISTING
A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire
departments is to be provided at all first aid locations.
3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES:
3,11 GENERAL REQUIREMENTS
Persons employed throughout the contract are to be physically qualified to perform their
assigned duties. Employees must not knowingly be permitted or required to work while their
ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize
themselves or others.
No personal radios or stereos will be all1owed on the job -site.
Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a
physician and provided with a certification stating that they are physically qualified to safely
operate hoisting equipment, The Contractor is to submit a copy of each certification to the
Contracting Officer,
PROJECTSAFETY AND HEALTH PLAN 00970-Page 75 of 161
It is recommended that operators of trucks and heavy construction equipment be given physical
examinations to determine if they are physically qualified to perform their assigned work without
endangering themselves or others.
3.4 MOTOR VEHICLE OPERATORS
Operators of motor vehicles engaged primarily in the transportation, of personnel are to be 18
years of age or older and have a valid state operator's permit or license for the equipment being
operated. The operators must have passed a physical examination administered by a licensed
physician within the past year showing that they are physically qualified to operate vehicles
safely.
E1 0 MO FWAI 2014 PlUAW112014 MAN
The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons
entering the, area are, without exception, required to wear hardhats. The Contractor shall
provide hardhats for visitors entering hardhat areas.
4.1.1 LABELS
Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate
ANSI (American National Standards Institute) standard.
Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white
background shall be erected at access points to designated hardhat areas:
CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT
These signs are to be furnished and installed by the Contractor at entries to shops, construction
yards, and job access points.
4.3 SAFETY GOGGLES (DRILLERS)
4.3.1 DRILLERS AND HELPERS.
Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety
goggles.
5.0 MACHINERY AND MECHANIZED EQUIPMENT:
5.1 SAFE CONDITION
Before any machinery or mechanized equipment is initially used on the job, it must be inspected
and tested by qualified personnel and determined to be in safe operating condition and
PROJECTSAFETY AND HEALTH PLAN 00970-Page 76 of 161
appropriate for the intended use. Operators shall inspect their equipment prior to the beginning
of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety
equipment, such as seatbelts, installed on machinery is to be used by equipment operators.
The controls of power -driven equipment under repair are to be locked. An effective lockout and
tagging procedure is to be established, prescribing specific responsibilities and safety
procedures to be followed by the person or persons performing repair work. Mixer barrels are to
be securely locked out before permitting employees to enter them for cleaning or repair.
5.3.1 ROAD MAINTENANCE
The Contractor shall maintain all roadways, including haul roads and access roads, in a safe
condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard,
adequate dust -laying equipment shall be available at the jobsite and utilized to control the dust.
5.3.2 SINGLE -LANE HAUL ROADS
Single -lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are
not practical, a traffic control system shall be provided to prevent accidents.
5.3.3 TWO-WAY HAUL ROADS
On two-way haul roads, arrangements are to be such that vehicles travel on the right side
wherever possible. Signs and traffic control devices are to be employed to indicate clearly any
variations from a right-hand traffic pattern. The road shall be wide enough to permit safe
passage of opposing traffic, considering the type of hauling equipment used.
Haul road design criteria and drawings, if requested by the Contracting Officer, are to be
submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent
and all curves shall have open -sight line with as great a radius as practical). All roads shall be
posted with curve signs and maximum speed limits that will permit the equipment to be stopped
within one-half the minimum sight distance.
5.3.5 OPERATORS.
Machinery and mechanized equipment shall be operated only by authorized qualified persons.
5.3.6 RIDING ON EQUIPMENT
Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be
provided for the operator and all passengers.
5.3.7 GETTING ON OR OFF EQUIPMENT
PROJECT SA)"ETY AND HEALTH PLAN 00970-Page 77 of 161
Getting on or off equipment while the equipment is in motion is prohibited.
5.3.8 HOURS OF OPERATION.
Except in emergencies, an equipment operator shall not operate any mobile or hoisting
equipment for more than 12 hours without an 8-hour rest interval away from the job.
5,4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER
CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND
HOISTS)
5.4.1 PERFORMANCE TEST
Before initial onsite operation, at 12-month intervals, and' after major repairs or modification,
power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test
to demonstrate the equipment's ability to safety handle and maneuver the rated loads. The tests
shall Ibe conducted in the presence of a representative of the Contracting Officer. Test data shall
be recorded and a copy furnished the Contracting Officer.
5.4.2 PERFORMANCE TEST —POWER CRANES (Crawler mounted, truck mounted and
wheel mounted)
The performance test is to be carried out as per ANSI requirements. The test is to consist of
raising, lowering, and braking the load and rotating the test load through 360' degrees at the
specified boom angle or radius. Cranes equipped with jibs or boom -tip extensions are to be
tested using both the main boom and the jib, with an appropriate test load in each case.
5.4.3 PERFORMANCE TEST —DERRICKS, GANTRY CRANES, TOWER CRANES,
CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES
This equipment is to be performance tested as per ANSI requirements.
5.4,4 BOOM ANGLE INDICATOR
Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be
provided with a boom angle indicator in good working order,
5.4.5 CRANE TEST CERTIFICATION.
The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the
Contracting Officer a copy of a certificate of inspection made within the past 12 months by a
qualified person or by a government or private agency satisfactory to the Contracting Officer,
5.4.6 POSTING FOR HIGH VOLTAGE LINES
A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be
posted in the operator's cab of cranes, shovels, boom -type concrete pumps, backhoes, and
related equipment.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 78 of 161
Cranes or derricks with cable -supported booms, except draglines, shall have a device attached
between the gantry of the A -frame and the boom chords to limit the elevation of the boom. The
device shall control the vertical motions of the boom with increasing resistance from 83' or less,
until' completely stopping the boom at not over 870 above horizontal,
5.4.8 SAFETY HOOKS
Hooks used in hoisting personnel or hoisting loads over construction personnel or in the
immediate vicinity of construction personnel shall be forged steel equipped with safety keepers.
When shackles are used under these conditions, they shall be of the locking type or have the
pin secured to prohibit turning.
5.5.1 ROLLOVER PROTECTIVE STRUCTURES
OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable
regardless of the year in which the equipment was manufactured and regardless of the struck
capacity of the equipment.
The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber -tired tractors
such as dozers, push -and -pull tractors, winch tractors, tractors with backhoes, and mowers; off -
highway, self-propelled, pneumatic -tired earthmovers, including scrapers, motor graders and
loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These
requirements shall also apply to agricultural and industrial tractors and similar equipment,
607S0111111110011JUNT51001
The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized
Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled
compactors and rollers, and rubber -tired skid -steer equipment.
5.6 LIIFT PLAN
A Crane Lift or concrete boom truck Plan is required for any crane lift on a Monroe County
project.
Lifts exceeding 75% of the cranes stability / structural capacity chart, requiring movement of a
crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads
requiring two (or more) hooks, work over occupied facilities or work involving encroachment on
public rights of way are considered critical. These lifts must be authorized in advance.
Critical crane lift plans, if authorized, may have to be reviewed by a professional
engineer (the contractor shall budget the PE review within project budget). Additionally,
a critical lift JHA shall: be submitted with the crane lift plan.
PROJECT SAFETY AND 11EALT1I PLAN 00970-Page 79 of 161,
Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization — 5
days for critical and helicopter lifts.
Crane Lift Plans must be based on "worst case" combination of load weight with chart
deductions and lift radius for a specific crane configuration in a specific location.
The Crane Lift Plan may be valid for more than one day, as long as the configuration, location,
maximum expected load, and maximum expected radius does not change. Use multiple lift
plans for multiple locations.
The Crane Lift Plan must be COMPLETE along with, attachments — see Section 5 for the
required Attachments.
AM rigging devices MUST bear the name of the manufacturer and be certified as to their
capacity. Custom -fabricated devices (lifting beams,, spreader bars, etc.) may be acceptable with
proper PE stamp or proof testing as required by applicable standards. Capacities, shall be
marked and legible on all such devices.
Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions, (moving
equipment, loading materials, onto floors, etc.) must be reviewed with Monroe County prior to
hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan
to be amended.
The contractor is responsible to visit the site prior to the lift date to review documentary
information pertaining to the site, which is maintained by Monroe County.
The contractor is responsible (determining adequacy, supplying and installing) for all supporting
material (as defined within 29 CFR 192& 1402) necessary for the crane lift.
The contractor is responsible to obtain all information that is necessary to develop a power line
safety plan.
The contractor is responsible to train all personnel involved in the Assembly / Disassembly and
or Crane Lift,
The contractor must provide the following information along with the Crane Lift Plan:
• Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger
Signal Person
• Load Chart (complete with notes)
• Range Chart
• Dimension Illustration and Specifications for Crane
• Lightning and Wind Restrictions (from operators manual)
• Area (Quadrant) of Operation Diagram
• Operator's License, Operators Training Information, USDOT Medical Certification,
OSHA 10/30 Hour Course Completion Cards, as may be required by the project.
• Jurisdictional Registration, if required
PROJECT SAFETY AND MALTH PLAN 00970-Page 80 of 161
• JHA for Assembly / Disassembly of Crane, Severe Weather, Truck Load / Unload', Etc.
• JHA for Power Line Encroachment
a 3rd Party Inspection Certification and Report — see Crane Lift Plan for requirements
(Note: The inspector shall be, certified with the CCAA).
Weights of Materials
• Rigging Plan
Logistics Plan
The contractor shall comply with the Site Specific Safety Plan.
The contractor / Crane Company / Rigging Company is responsible for the accuracy of plan and
inspections. This planning process has been established to help ensure proper coordination
between Contractor, subcontractors and Monroe County,
No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the
responsibility of the Contractoir/Subcontractor and the Crane Operator to ensure that they and
their employees are qualified, competent, properly equipped' and properly trained to performthe
activities outlined in this plan.
6.0 LADDERS AND SCAFFOLDING:
6A LADDERS.
OSHA 1926, Subpart L - Section 450, Ladders shall be used as work platforms only when use
of small hand tools or handling of light material' is involved. No work requiring lifting of heavy
materials or substantial exertion shall be done from ladders.
6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451
Scaffolds, platforms or temporary floors shall be provided for all work except that which, can be
done safely from the ground or similar footing.
6.3 SAFETY BELTS, LIFELINE, AND LANYARDS, OSHA 1926, Subpart E, Section 104
Lifelines, safety belts and lanyards independently attached or attended, shall be used when
performing such work as the following when the requirements of 6.1 or 6.2 above cannot be
met.
(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.
(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets,
tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded
locations at elevations greater than 6 feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block
the opening to within 1 foot of the sides of the shaft, unless cages are provided.
PROJECT SAFETY AND HEALTH PLAN 00970-Page 81 of 161
A. Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices to prevent fire. It shall be the responsibility of the Contractor to insure
that general fire protection facilities are adequate for his work and to provide additional fire
protection facilities and devices, including fire extinguishers as required by their scope, of work.
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A. It shall be the Contractor's sole and exclusive responsibility:
(a) To provide personnel capable of working adjacent to energized electrical lines or other
utilities
(b) To provide adequate, safe and properly maintained equipment
(c) To conduct all of his work in accordance with the safety rules and regulations prescribed by
the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation
and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational
Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction
and as specified elsewhere herein, or as are generally applicable to the type of work being
performed
(d) To continuously supervise and inspect the work being performed to assure that the
requirements of (a), (b), and (c) above are complied with, and nothing in these Contract
Documents shall be held to mean that any such responsibility is the obligation of the Owner or
WOOD/Engineer or Sustainability/Projects Director.
9.0 BARRICADES, WARNING DEVICES AND LIGHTING
A. The Contractor shall be solely responsible for providing temporary ladders, guard rails,
warning signs, barricades, night guard lights, and deck or floor closures required in connection
with his work to comply with Federal, State and local safety requirements. The Contractor shall
be solely and exclusively responsible for the design, construction, inspection and maintenance
of such facilities at all times.
B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if
needed to maintain safe conditions.
C. It shall be the sole and exclusive responsibility of the Contractor to provide, a safe place
to work for all laborers and mechanics and other persons employed on or in connection with the
project, and nothing in these Contract Documents shall be construed to give any of such
responsibility to the Owner, WOOD/Engineer, or Sustainability/Projects Director,
D. The Contractor shall provide a security fence around the area of the Work so as to
prevent entry into the Work area by unauthorized personnel and the general public. The fence
shall have fence post bases that eliminate the need to penetrate the ground for support.
PROJECT SAFETY AND HE'ALTH PLAN 00970-Page 82 of'161
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10.1 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinatedbiphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Sustainability/Projects Director, and WOOD/Engineer in writing. The Work in the
affected area shall not thereafter be resumed' except by written agreement of the Owner and
Contractor if in fact the material is asbestos or polychlorinated biphenyl) (PCB) and has not been
rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos
or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written
agreement of the Owner and Contractor.
10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without
consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.11.2 If reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a imaterial or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to WOOD/Engineer and Sustainability/Projects Director in
writing. The Owner, Contractor and Sustainability/Projects Director shall then, proceed in the
same manner described in Subparagraph 10.1
MU The Owner shall be responsible for obtaining the services of a licensed
laboratory to verify a presence or absence of the material or substance reported by the
Contractor and, in the event such material or substance is found' to be present, to verify that it
has been rendered harmless. Unless otherwise required by the Contract Documents, the
Owner shall furnish in writing to the Contractor, WOOD/Engineer and Sustain abil ity/Projects
Director the names and qualifications of persons or entities who are to perform tests verifying
the presence or absence of such material or substance or who are to perform the task of
removal or safe containment of such material or substance. The Contractor, WOOD/Engineer
and Sustainabil!ity/Projects Director will promptly reply to the Owner in writing stating whether or
not any of them has reasonable objection to the persons or entities proposed Iby the Owner. If
the Contractor, WOOD/Engineer or Sustainability/Projects Director has an objection to a person
or entity proposed by the Owner, the Owner shall propose another to whom the Contractor,
WOOD/Engineer and Sustainability/Projects Director have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions, for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
,.2 The Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
,4 construction or operations by the Owner or other Contractors
PROJECT SAFETY AND HEALTH PLAN 00970-Page 83 of'161
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection,, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
101.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the, Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel,
10.2,5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10,21.2, 1021.3, 10.2.,1.4 caused in whole or in, part by the Contractor, a
Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed' by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 110.2.1.2, 10.2.1,3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Sustainability/Projects Director or WOOD/Engineer or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner or
Sustainability/Projects Director.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
Ii E Kim _411ri 1;1 :Tel A M61
11.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
,or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7
END SECTION 00970
PROHECTSAFETY AND HEAUR PLAN 00970-Page 84 oi'161.
1.1 WOOD/Engineer DUTIES AND RESPONSIBILITIES
A. WOOD/Engineer will monitor all work performed by the Contractor and assist the
Contractor with his conformance of the work to the Contract Drawings and
Specifications.
1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES
A. The Contractor is responsible for the quality of the work performed by his work
force on this project as well as the quality of the material, equipment and supplies
furnished by him to be incorporated into the work,
B. The Contractor will provide a Quality Control Plan for approval and designate a
Quality Control Representative who will be on site at all times while the
respective Contractor's work is in progress and will have the authority and
responsibility to accept or reject items, of work, The Contractor's Quality Control
Representative may delegate his duties but the primary responsibility and
authority will rest on him.
C. The Contractor's Quality Control Representative will coordinate the submittal of
all shop drawings, product data and samples to WOOD/Engineer. Any submittal
that is at variance to the contract requirements must be identified as such and
transmitted to WOOD/Engineer for submittal and approval by the Owner. No
work requiring submittal of a shop drawing, product data or sample shall
commence until the submittal has been reviewed and approved by
WOOD/Enigineer,
D. The Contractor will bear the responsibility of scheduling all required testing and
inspections by the designated material -testing laboratory, in a timely fashion, to
prevent needless cancellations and delays of work activities, Any costs caused
by untimely notification shall be borne by the Contractor.
E. The Contractor's Quality Control Representative will review his drawings,
procurement documents and contracts to insure that the technical information
provided and all work performed is in accordance with the latest revisions of the
Contract Drawings and Specifications,
F. The Contractor's Quality Control Representative will perform an inspection upon
receipt at the site of the work of all materials, equipment and supplies including
those furnished to him by the Owner. Notes from this inspection will be filled out
on the appropriate form and included with the Contractor Daily Quality Control
Report. Items which are damaged or not in conformance with the respective
submittals, quality standards, contract drawings and specifications shall be
brought to the attention of Monroe County representative WOOD/Engineer on
site and then will be identified and segregated from accepted items. Items thus
identified will not be incorporated into the work until corrective action acceptable
to WOOD/Engineer is completed. Items determined unsalvageable will be
removed from the job site. These items shall be noted as deficient in the
applicable section of the Contractor Daily Quality Control Report.
SPFCIAL CONDITIONS 00990-Page 85 of 161
1.3 INSPECTION AND TESTING
A. INSPECTION PLAN
Sustainability/Projects Director utilizes a multi -point inspection, plan for each
separate feature of work to be performed under this Contract, i.e., work
described by each division of the technical provision section of the contract
specifications. This plan, consists of the following:
Preparatory Inspection —Prior to commencing the work, the Contractor's
Quality Control Representative will meet with Sustainability/Projects
Director's representative WOOD/Engineer and check the following items
at a minimum for conformance:
(a) Approval of shop drawings and submittals.
(b) Approval of inspection and test reports of materials and equipment
to be utilized.
(c) Completion of previous operations of preliminary work.
(d) Availability of materials and equipment required.
(e) Potential utility outages.
M Any other preparatory steps dependent upon the particular
operation,
(g') Quality standards,
(h) Safety or environmental precautions to be observed. (Phase
Hazard)
Note: WOOD/Engineer will record the minutes to this inspection meeting and
distribute accordingly.,
2. Initial Inspection —Upon completion of a representative sample of a given
feature of the work, the Contractor's Quality Control Representative will
meet with Sustainabillity/Projects Director's representative
WOOD/Engineer and check the following items at a minimum for
conformance:
(a) Workmanship to established quality standards.
(b) Conformance to contract drawings and specifications.
(c) Construction methods, equipment and tools utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
M Adequacy of shop drawings.
(g) Adequacy of safety or environmental precautions.
Note: WOOD/Engineer will record the minutes to this inspection meeting and
distribute accordingly,
& Follow-up Inspections --The Contractor's Quality Control Representative
will inspect the work daily to assure the continuing conformance of the
work to the workmanship standards established during the preparatory
and initial inspections.
SPECIAL CONDITIONS 00990-Page 86, of 161
Additionally, as a part of the follow-up inspection, sign -off sheets, will be
utilized as often as possible. The intent of these sheets is to achieve,
concurrence from other trade contractors and responsible parties that
ensuing work can indeed commence over underlying work. This will
prevent oversights and omissions which could elevate costs. Sign -off
sheets shall be used for, but not be limited to, concrete, drywall, ceilings,
painting, roofing substrates and flooring. These reports are to be
generated by the Contractor and submitted to 'WOOD/Engineer
Superintendent for approval prior to the start-up of work.
Failure to generate a sign -off sheet or to attain proper signatures prior to
covering up underlying work may affect payment for that piece of work if
ensuing problems are detected or not. This disciplinary action shall be
carried out via the Nonconformance Report. (See Section 1.4.,B of this
plain.)
Note: The Contractor shall! be responsible to record these inspections and all
other project related activities encountered throughout the day on the
Contractor Daily Quality Control Report.
4. Completion Inspections —Upon completion of a g�iven, feature of the work,
the Contractor's Quality Control Representative will meet with the
Sustainability/Projects Director representative WOOD/Engineer, if he so
desires to attend, to perform an inspection of the completed work.
Nonconforming items will be identified and corrected prior to
commencement of the next operation.
Note:: The Contractor shall conduct and report corrections of this, inspection
which shall be a required submittal.
5. Follow -On Inspections —Upon execution of the contractor's completion
inspection, in elements of the work which result in concealment; such as,
ceiling and drywall installations, the Contractor shall schedule and
conduct multi -trade or singular inspections prior to covering installation.
Note: WOOD/Engineer will record the minutes to this inspection meeting.
& Pre -Final Inspection —Upon substantial completion of the project work
WOOD/Engineer shall coordinate and conduct a universal inspection, of
all areas and elements of the work. The Sustainability/Projects Director
may be represented if she so desires. This inspection shall be completed
at least (15) days prior to the final substantial completion inspection, which
shall be conducted by WOOD/Engineer. All deficiencies and incomplete
work should be completed prior to the final substantial completion
inspection.
B. OPERATION AND CHECK OUT TESTING
The Contractor will provide personnel and equipment to perform the operational
tests and check-out of the equipment, facilities or equipment constructed,
fabricated or installed under this Contract. The Sustainability/Projects Director
SPECIAL CONDITIONS 00990-Page 87 of 161
representative WOOD/Engineer will coordinate and witness all such tests.
Notification should be given at least ten (10) days in advance of the scheduled
tests.
C. FINAL INSPECTION
WOOD/Engineer will coordinate and attend all final inspections of the work. The
Sustainability/Projects Director may be represented if she so desires. Prior to
requesting a final inspection, all tests for the equipment and systems must be
,completed.
See Section 01700 for contract closeout.
U4TORTMIN
Maintaining accurate and retrievable records is extremely important in the Quality
Assurance Program. These records will act as a main source of information in the
present and in the future for the entire, Sustai nab Hity/Projects Director team. The main
report that will be utilized to provide this information is the Daily Quality Control Report,
Nonconformance Reports may also be issued.
12
DAILY QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to document the summary of daily
inspection activities performed by the Contractor's designated Quality Control
Representative. It shall' include any of the steps of inspection that are performed
that day, all test monitoring and any rework of nonconforming items. The daily
Quality Control Report section of the Daily Superintendent's Report will be
routinely used for daily reporting requirements. When the magnitude or
complexity necessitates such, a more separate and comprehensive form will be
used. Reference Contractor's Daily Report, and as needed Contractor Daily
Quality Control Report, Section 01385.
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Nonconformance Reports will be issuedfor work that is found to be in
nonconformance with the contract documents or the referenced quality
standards, The report will be issued by Sustainability/Projects Director.
It is not the intent to routinely and repeatedly issue nonconformance reports, but
to issue them only after normal enforcement standards have been exhausted, or
if the work performed is a detriment to the project.
A copy of the Nonconformance Report will be forwarded to the Site Project
Manager for his information and/or action. It should also be included in the
Contractor's Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the deficient item or items have
adequately been corrected. This will be done by the issuing Superintendent and
Project Manager. These sign -offs will be included with a corresponding
SPECIAL CONDITIONS 00990-Page 88 of 161
corrective action taken. Significant nonconformance needs to be addressed to
prevent recurrence. The signed -off report will also be submitted for review.
Work activities affected by a Nonconformance Report will proportionally counter -
affect payments. Whether that be partial or full retainage will be left up to the
discretion of Sustainability/Projects Director,
1.5 AUDITS
A. Sustainability/Projects Director may choose at its option to perform Contractor
audits of their Contractor Quality Control Plan at any time. Reports of these audit
results will be forwarded to the Project Manager for his action. Any action items
noted during an audit for the Contractor will be followed up and documented to
insure compliance and avoid recurrence.
1.6 SUMMARY
The intention of this plan is to create a system of checks and balances that will minimize
delays caused by rework and a lack of planning and maximize production and insure
that the finished product is one that the entire construction team can pride themselves in.
These goals can be achieved by giving the Owner exactly what he has bought. The
Owner will expect no more and through Quality Assurance, the construction team, will
provide no less.
END SECTION 00980
Construction shall be conducted in such a manner as to cause the least possible
interruption to surrounding property owners.
2. Contractor shall take all means necessary to contain dust and debris as an
integral part of the work.
3. Weather intrusion and unauthorized access to the Project Site due to
construction activities shall be prevented by the Contractor's careful scheduling
of work, or other means satisfactory to the Owner.
4. Contractor shall coordinate construction activities as necessary to avoid security
or safety concerns at the Project Site.
5. Information shown on the Drawings is assembled from numerous record
information sources and may be inaccurate or incomplete. Contractor shall make
such field visits or investigations as are necessary to prepare an accurate and
complete bid. Claims for extra work or expense after bid closing which are due to
reasonably foreseeable circumstances shall be denied and shall remain the sole
risk and expense of the Contractor. Field measured dimensions shall be
obtained by the Contractor prior to placing orders for fabrications or prefabricated
materials. Adjustments, delays, re -fabrications, or replacement materials due to
inaccurate information are the sole responsibility of the Contractor.
END SECTION 00990
SPECIAL CONDITIONS 00990-Page 89 of 161
SECTION 01010 - SUMMARY OF THE WORK
Project Overview
The Scope of Work For Response And Recovery Services For Marine Debris Removal And
Related Services In Monroe County As a Result of Hurricane Irma. The CONTRACTOR shall
provide work in the following work categories;
1) Debi -is removal from canals and nearshore waters; including mangrove trimming
2) Organic sediment, silt and sand removal
3) Operation and management of TDMAs, including sorting and reduction of' debris;
4) Transportation and disposal of the material from the County's TDMA sites to
final disposal sites; and
5) Derelict vessel recovery,
2 General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation,
surveying, layout, and protection for the proper execution and completion of all the work in
accordance with the Contract Documents, The Work shall include but not be limited to that
shown on the Drawings and detailed in the Technical Specifications if any included in this
Contract,
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or highlight features
of the work, or modify, change, add to, or delete from the General Scope of this Proposal
Package.
All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Sustainability/Projects Director
prior to notice to proceed. Contractor's license shall accompany proposal,
Z Contractor is to review General Requirements for additional responsibilities
required in order to perform this Work.
3.. If in the event of conflicting, or overlapping requirements in any area of the
proposal' documents, technical specifications, or drawings, the most stringent
condition shall be proposed and constructed. Notify Sustainability/Proj ects
Director in any event, in order to not compromise the Owner's right to make
appropriate decisions.
4. Contractor shall maintain As-Builit Drawings, (Record Drawings per Section
01720), of his work progression,
& The Contractor shall not store materials, tools or debris in areas of the project
site without written permission. Contractor shall' provide suitable storage
container, and be responsible for disposal off -site of all debris and trash.
SUMMARY oirHE WORK 0 1, 0 1 0-11age 90 of 161
7. The Contractor shall' coordinate with Owner's representative on available hours
for Job Site access. Job site will have limited 8AM -6PM work hours. Contractor
will need to schedule work shifts typically from: 8AM- 6PM weekly. Any change to
agreed upon schedule must be obtained in writing with: a minimum of 72 hr.
advanced notice.
8. Coordination of each days works shall be done in advance with approval from
County,
ifflEMILUSIMOIR010
A. The Contractor shall use every available precaution to provide for the safety of property
owner, visitors to the site, and all connected with the work under the Contract.
B. All existing facilities, both above and below ground shall be protected and maintained
free of damage. Existing facilities shall remain operating during the period of
construction, unless otherwise permitted. All access roadways must remain open to
traffic unless otherwise permitted.
C. Barricades shall be erected to fence off all construction areas from operations personnel
and the general public. Fence posts shall have bases that eliminate the need to
penetrate the ground for support.
D. Safety Requirements
1. All application, material' handling, and associated' equipment shall conform to and be
operated in conformance with OSHA safety requirements.
2. Comply with federal, state and local and owner fire and safety requirements.
3. Advise owner whenever work is expected to be hazardous to owner employees and/or
operations.
4. Maintain proper fire extinguisher within easy access whenever power tools, roofing
kettles, and torches are being used.
1.3 HOUSEKEEPING:
1. Keep materials neat and orderly.
2. Remove scrap, waste and debris from project area daily,
I Maintenance of clean conditions while work is in progress and cleanup when work is
completed shall be in strict accordance with the "'General Conditions" of this contract.
4. Maintain Fire protection during construction
5. Housekeeping required on a daily basis
END SECTION 01010
SUMMARY OF THE WORK 0 1 010-Pagc 9t ot'161
SECTION 01015 - CONTRACTOR'S USE OF PREMISES
PART 1 — GENERAL
1 1
'.1 DESCRIPTION
A. Work included:
This Section applies to situations in which the Contractor or his representatives including, but
not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon
Owner's property.
Related work:
Documents affecting work of this Section include, but are not limited to, General Conditions,
Supplementary Conditions, and Sections in Division 1 of these Specifications.
1.2 QUALITY ASSURANCE
A. Promptly upon award of the Contract, notify all pertinent personnel regarding
requirements of this Section.
Require all personnel who will enter upon the Owner's property certify their awareness of and
familiarity with requirements of this Section.
1.3 SUBMITTALS
Maintain an accurate, record of names and identification of all persons entering upon Owner's
property in connection with Work of this Contract, including times of entering and times of
leaving, and submit a copy of the record to Owner daily.
1.4 TRANSPORTATION FACILITIES
A. Provide adequate protection for curbs and sidewalks over which trucks and equipment
pass to reach job site.
Contractor's vehicles:
1 Require Contractor's vehicles,, vehicles belonging to employees of Contractor, and all
other vehicles entering upon Owner's property in performance of Work of Contract, to
use only the Access Route approved in advance by Owner.,
Do not permit such vehicles to park on any street or other area of Owner's property except in
the area approved by Owner as "Contractor's Parking Area."
1.5 SECURITY
A. Restrict access of all persons entering upon the Owner's property in connection
with work to the Access Route and to, actual site of the work.
END SECTION 01015
CONTRACTOR'S USE OF PREMISES 0 10 15-Page 92 of 161
l]Lyil U. M,
1TJ .4
This section provides procedures for preparation and submittal of Applications for Payment.
The Application for Payment including the Continuation Sheet is the required format for
submitting invoices. A copy of these forms is included in this section, The Owner reserves the
right to modify the format to better suit his internal accounting system.
A. The initial Application for Payment will not be processed until the Contractor's
Construction Schedule, Schedule of Values, and the initial Submittal Schedule
have been received', reviewed and approved by Sustainability/Projects Director.
B. Submit an updated Construction Schedule and Submittal Schedule and a Partial
Release of Lien with each Application for Payment.
C. Payment shall be made according to the Local Government Prompt Payment Act, Sec.
218.70 et seq. Florida Statutes.
D. Monroe County makes every effort to meet the payment schedule. It is requested that
the contractor not make any calls to any County office inquiring about payment until the
twentieth (20t) day after submission of the pay request.
4, MONTHLY PAY REQUEST PROCEDURE
A. WOOD/Engineer to review as-builts as to current additions, corrections, etc., prior to
monthly approval to ensure as-builts are current.,
5. FINAL PAY PROCEDURE
A. To help expedite the final payment, it is necessary for WOOD/Engineer to have a correct
and complete package, of documents 20 days in advance of requested pay date.
B. A minimum of ten (10) working days is required from receipt of correct documents for
Sustainability/Projects Director to obtain necessary signatures and submit project for
Final Payment. Contractor shall submit all required forms and releases to
WOOD/Engineer. The following documents (samples attached) are required for Final'
Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
APPLICATION FOR PAYMENT 0 1 027-Page 93 of 161
Also, all warranties and guarantees required by Contract, "As -Built" drawings, including
red -lined site plan, submittal documents, certification that all utility bills (i.e,, electric,
local water) have been paid, and a complete list of subcontractors with addresses and
phone, numbers must be submitted prior to final payment in both bound paper and
electronic PDF form on CD/DVD.
C. It is the Contractor's responsibility to ensure the comipleteness of the Final Pay
Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will
not be processed until all the required documents are received by Monroe County
Sustainability/Projects Director. Final Pay Request must be submitted no later
than 30 days after final project completion and acceptance.,
6. SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit data
justifying dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of submittal. Indicate
Application number, date, line item by number and description.
APPLICATION FOR PAYMENT 0 1 027-Page 94 of t6l
APPLICATION FOR PAYMENT
ENGINEER'S CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on on -silte observations and the data...
SUMMARY
comprising the above aploficaition, the Engineer certifies to the Owner that to the best of the
Vrng--', k—I.Mg. hl,.f th.
. . . ....... . .. ..............................
Application Na
.-j theMork he., prog ---H AS
quality of the Work its in accordance with the Contract Documents, and the Contractor is
entitled to payment of the Amount Certified.
To: Monroe County, Flonda
This Certificate is not riegofiaUe The Amount Certified is payable only to the Contractor
From:
named herein Issuance payment and acceptance of payment are without any prejudice to
Contractor'
any right:s of the Owner cr Contractor under this Contract.
Protect:
Amount Certified
{Attach an explanation if the amount ceorfed differs from the amount applied for)
Contract Four:
ENGINEER
Period: From To:
Contract Date:
Original Contract Sum: L . ......... . . . ...........
Net Change By Approved Change Order: . . ..........
Contract Sum To Date:
lolal Completed & Stored To Date
Retainage
— % of Completed Work�
Total Earned Less Retainage
Less Previous Payments:
Current Payment Due:
Balance to Finish:
Reviewed for Payment
Approved for Payment
By
Date
The undersigned Uri certifies that to the best of the Contractor's knowledge,
information and belief, the Work covered by this Application for Payment has been
completed in accordance with the Contract Documents, that all amounts have been paid by
the Contractor for Work for which previous Applications for Payment were issued and
payments received from, the Ownier, and that current payment shown herein is now due
By. Date.
State of: County of:
Subscribed and sworn to before me this... ,,......... day of 200.
Notary, Public: —
My Commission Expires: .. . . ....... . . ..... . .... . . ........
Approved for Payment
SustainabRitylProjects Director Sustainabithy/Projects Director
Date:
Date:
APPILK. ATION FOR PAY MFNT 01027-Page 95 ref 161
Monroe County, Owner
Roman Gastesi, County Administrator
Date:
CONTINUATION SHEET
PAGES
APPUCAVON AND CEO TACATE FOR PAYMENT
Containing Contractor's signed Certlfication is attached.
In tabulations below, amounts are stated to tine nearest dollar.
Use Column I on Contracts where variable relainage for line items may apply.
Change Orders added at the end of Sheet.
APPLICATION I
APPLICATION DATE:
PERIOD TO:
PAGE OF
A
8
C
0 E
F
G
H
------
ITEM
NO
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK CONIPLE
TED
MATERIALS
PRESENTLY
STORED
iNOT IN D ORE
TOTAL
COMPLETED AND
STORED TO DATE
ID+E4 F)
%
(G - C)
BALANCE
TO
FINISH
(C IS)
RETAYNAGE
(IF VARMBLE
RATE)
FROM PREVIOUS
APPLICATION
(D , E)
THIS PERIOD
APPLICATION FOR. PAYMIXI 01027-Page 96 (0161
PROJECT TITLE:
TO CONTRACTOR:
The Contract is changed as, follows:
WA
AT F-,Tk WT4 r*T;TRT4 A Fk 1563
INITIATION DATE:
CONTRACT DATE:
The original (Contract Sum) (Guaranteed Maximum Price)— . .......... ....... $
Net change by previously authorized Change Orders...... ........ ....................... .......... $
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was ............
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order ....... $
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ...... $
The Contract Time will be (increased) (decreased) (unchanged) by...... .......... ......
The date of Substantial Completion as of the date of this Change Order is..... . ...... ........
Detailed description of change order and justification:
This chan_qe Order is % of the original contract price,
2
Not valid until signed by Owner, Engineer if applicable), and Contractor
ENGINEER:
SUSTAINABILI'TY/PROJECTS DIRECTOR:
Date
KIM
MR
Date
APPLICATION FOR PAYMENT 0 1 027-Page 97 of 161
0 Change Order was not included in the original contract specifications. Yes [:1 No El
If Yes, explanation:
If Yes, explanation of increase in price;
9 Change Order exceeds $25,000 or 5% of contract price (whichever is greater), Yes F-1 No F-1
If Yes, explanation as to why it is not subject for a calling for bids:
a Project engineer approves the change order. YesEJ No [J
If no, explanation of why:
0 Change Order is correcting an error or omission in design document. Yes E]No F-1
Should a claim under the applicable professional liability policy be made? Yes R No E]
Explain:
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJEFT CONTACT FOR:
TPA 17'AMI M F 0 R, PA Y MENT eeN_+ft74te+ HA+E. 0 1027 -Page 98 of 161
CONTRACTOR'S AFFIDAVrr OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER:
(Narne and address)
PROJECT:
(Nine and address)
State of:
County of.
CONTRACTFOR:
CONTRACTDATF:
The undersigned, pursuant to Arficic 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed
below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and
services performed, and for all known indebtedness and clauns against the Contractor for damages arising in arty manner in connection
with the perforniance of the Contract referenced above for which the Owner or his property might in any way be lield responsible.
l--1X(.'T.PTI01' S- (If none, write "None*'. lfrequired by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each
exception).
SLJPPORTFNG DOCUMENTS ATTACHED HERETO�
Consent of Surety to Final Payment. Whenever
Surety is involved, Consent Of Surety is required.
AIA DOCUMENT G707, CONSENT OF
SUREI"Y, may be used for this purpose. Indicate
attachment: yes ( ) no ( )
The following supporting documents should be attached
hereto:
Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
Contractor's Affidavit or Release of Liens.
C'ONTRACTOR:
Address:
By:
Subscribed and sworn to before rne this
day of 20
Notary Public:
My Commission Expires:
APPLICATION FOR PAYMENT 0 1 027-Page 99 of 161
TO OWNER: CONTRACT FOR:
(Name and address),
CONTRACT DATED:
PROJECT:
(Name and address)
State of
County of
The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief,
except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all
Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services
who have or may have liens or encumbrances or the right to assert liens or encumbrances against any
property of the Owner arising in any manner out of the performance of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED
HERETO:
1. Contractor's Release or Waiver of Liens,
conditional' upon receipt of final payment.
2. Separate Releases or Waivers of Liens from
Subcontractors and material and eq,uipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof,
CONTRACTOR:
fNamp, and add ress)
-0
(Signature of authorized representative)
(Printed Name and Title)
Subscribed and sworn to before me this date:
Notary Public:
(SEAL)
My Commission Expires:
MONROE COUNTY
APPLICATION FOR PAYMENT 0 1 027-Page 100 of 161
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release
and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien
rights, claims or demands of any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account of
labor performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above, described.
IN WITNESS WHEREOF THIS day of ,20
Witness,
Witness
ZMEEGM
My commission expires:
MONROE COUNTY
AFFIDAVIT AND PARTIAL, RELEASE OF LIEN
Name of Company
Signature, Title,
APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
APPLICATION FOR PAYMENT 01027-Page 101 of 161
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the
payment of the sum $ to be paid to the undersigned', hereby releases,
acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor,, material
or services for the improvement of the following described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the,
amount of $ as of the date of the Partial Release and the undersigned has
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the
,undersigned for improvement to the subject property have been paid in full. Any and all
suppliers of labor, material or services for improvement to the subject property, who have not
been paid in full are listed below with the amount owing each, claimed by each and the reason
for non-payment: (If none, write "NONE"')
CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT
THAT all taxes imposed by all' government agencies have been paid and discharged.
THAT all funds have been collected for FICA and withholding taxes have been properly
deposited with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors"/Suppliers' amounts remaining due and owing on the adjusted contract balance
as reflected above.
THAT' the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and
PARTIAL RELEASE shall not release the undersigned from any obligations, under such
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS day of
Witness
Name of Company
Witness Signature, Title
me
APPLICATION FOR PAYMENT 0 1 027-Page 1012 of 1.61
PART I - GENERAL
1.1 RELATED DOCUIAEUT,'!
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
Iii WA 11111111111111110* IN LVA I A F-11
A This Section specifies administrative and supervisory requirements of the
Contractor necessary for Project coordination including, but not necessarily
limited to:
1. Coordination
2. Administrative and supervisory personnel
3. General installation provisions
4. Cleaning and protection
B. Field engineering is included in Section 01050 "Field Engineering".
C. Progress meetings, coordination meetings and pre -installation conferences are
included in Section 0120:0 "Project Meetings".
D. Requirements for the Contractor's Construction Schedlule are included in Section
01301 "Submittals".
1.3 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections
of these Specifications to assure efficient and orderly installation of each part of
the Work. Coordinate construction operations included under different Sections
of the Specifications that are dependent upon each other for proper installation:,
connection, and operation.
1 Where installation of one part of the Work is dependent on installation of
other components, either before or after its own installation, schedule
construction activities in the sequence required to obtain, the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance,
service and repair.
3. Make adequate provisions to accommodate items scheduled for later
installation.
B. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include items as required
notices, reports, and attendance at meetings.
N
PROJECT COORDNATION 0 1 040-Page 103 of 161
D. 1. Prepare similar memoranda for the Owner and separate Contractors
where coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but
are not limited to, the following:
1. Preparation of schedules
2. Installation and removal of temporary facilities
1 Delivery and processing of submittals
4. Progress meetings
5, Project Close-out activities
D. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given, to conservation of energy, water, and'
materials.
Salvage materials and equipment involved in performance of, but not
actually incorporated in, the Work. Refer to other sections for disposition
of salvaged materials that are designated as Owner's property.
1.4 SUBMITTALS
A, Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off -site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1 Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3. Comply with requirements contained in Section 01301 "Submittals".
B. Staff Names: Within five (5) calendar days of Notice to Proceed, submit a list of
the Contractor's principal staff assignments, including the Superintendent and
other personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers,
1 Post copies of the list in the Project meeting room, the temporary field
office, and at each temporary telephone.
PART 3 — EXECUTION:
3.1 GENERAL INSTALLATION PRO1A0ONS
Inspection of Conditions: Require the Installer of each major component to inspect
both the substrate and conditions under which Work is to be performed. Do not
proceed until unsatisfactory conditions have been corrected in an acceptable
manner.
PROJECT COORDINATION 0 1 040-Page 104 of 161
Manufacturer's Instructions: Comply with manufacturer's installation instructions and
recommendations, to the extent that those instructions and recommendations
are more explicit or stringent than requirements contained in Contract
Documents.
Inspect materials, or equipment immediately upon delivery and again, prior to
installation. Reject damaged and defective items.
Provide attachment and connection devices and methods necessary for security Work.
Secure Work true to line and level. Allow for expansion, and building
movement.
Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in,
exposed Work to obtain the best visual effect. Refer questionable choices to
Engineer for final decision.,
Recheck measurements and dimensions, before starting each installation.
Install each component during weather conditions and Project status that will ensure
the best possible results. Isolate each part of the completed construction from
incompatible material as necessary to prevent deterioration.
Coordinate temporary enclosures with required inspections and tests, to minimize the
necessity of uncovering completed construction for that purpose.
Mounting Heights: Where mounting heights are not indicated, install individual
components at standard mounting heights recognized within the industry for
the particular application indicated. Refer questionable mounting height
decisions to Engineer for final decision.
3A CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of
the construction completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure, during the construction period.
Where applicable, such exposures include,, but are not limited to, the fol'lowing:
PROJECTCOORDINATION 0 1 040-Page 105 of 161
LIMITING EXPOSURES
PROJECT COORDINATION 0 1 040-Page 106 of 161
1 . Excessive static or dynamic loading
2. Excessive internal or external pressures
3. Excessively high or low temperatures
4. Thermal shock
5. Excessively high or low humidity
6. Air contamunation or pollution
7. Water
8. Solvents
9. Chemicals
M Light
11. Radiation
12. Puncture
13. Abrasion
14. Heavy traffic
15. Soifing, staining and corrosion
16. Bacteria
17. Rodent and insect infestation
18. Combustion
19. Electrical current
20. High speed operation
21. Improper lubrication
22. Unusual wear or other misuse
21 Contract between incompatible materials
24. Destructive testing
25. Misalignment
26. Excessive weathering
27. Unprotected storage
28. Improper shipping or handling
29. Theft
30, Vandalism
END SECTION 011040
FIELD ENGINEERING 0 1 050-Page 107 of 161
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Divisions 1 Specification Sections, apply to
this Section.
1,2 SUMMARY
A, General: This Section specifies administrative and procedural requirements of
the Contractor for field -engineering services including, but not limited to, the
following:
1. Land survey work.
2. Civil -engineering services.
1 Damage surveys,
4. Geotechnical monitoring,
B. Related Sections: The following Sections contain requirements that are related
to this Section:
1 Division I Section "Coordination" for procedures for coordinating field
engineering with other construction activities.
2. Division 1 Section "'Submittals" for submitting Project record surveys.
3. Division 1 Section "Project Closeout" for submitting final property survey
with Project Record Documents and recording of Owner -accepted
deviations from indicated lines and levels.
1.3 SUBMITTALS
A. Certificates: Submit a certificate signed by the land surveyor or professional
engineer certifying the location and elevation of improvements.
B. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout"
Sections.
1A QUALITY ASSURANCE
A. Surveyor Qualifications: Engage a land surveyor registered in the state where
the Project is located, to perform required land -surveying services.
B. Engineer Qualifications: Engage an engineer of the discipline required, licensed
in the state where the Project is located, to perform required engineering
services.
FIELD ENGINEERING 0 1 050-Page 108 of 161
PART 3 - EXECUTION
3A EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property
survey and existing benchmarks, before proceeding to lay out the Work. Locate
and protect existing benchmarks and control points. Preserve permanent
reference points during constructions.
1 Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2'. Promptly replace lost or destroyed Project control points. Base
replacements on the original survey control points,
C. Establish and maintain a minimum of 2 permanent benchmarks on, the site,
referenced to data established by survey control points.
1 Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction, indicated as existing are not guaranteed. Before
beginning site work, investigate and verify the existence and location of
underground utilities and other construction.
1 Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water -service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and
levels provided for their use.
Z As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
FIELD ENGINEERING 0 1 050-Page 109 of 161
1 Record deviations from required lines and levels, and advise
WOOD/Engineer when deviations that exceed indicated or recognized
tolerances are detected. On Project Record Drawings, record deviations
that are accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other
work requiring field -engineering services, prepare a certified survey
showing dimensions, locations, angles, and elevations of construction
and site work.
C. Site Improvements: Locate and lay out site improvements, including pavements,
stakes for grading, fill and topsoil placement, utility slopes, and invert elevations.
D, Building Lines and Levels: Locate and lay out batter boards for structures,
building foundations, column grids and locations, floor levels, and control lines
and levels required for mechanical electrical work.
B. Existing Utilities: Furnish information, necessary to adjust, move, or relocate
existing structures, utility poles, lines, services, or other appurtenances located in
or affected by construction. Coordinate with local authorities having jurisdiction.
END SECTION 010,50
FIELD ENGINEERING 0 10 50-Page 110 of 161
.��� 1�0_. TA [Ill
1, SUMMARY
A. Section, includes:
Project meetings
2, WOOD/ENGINEER'S RESPONSIBILITY
A. WOOD/Engineer shall schedule and administer pre -construction meeting,
periodic progress meetings, and specially called meetings throughout progress of
the Work.
1. Prepare agenda for meetings.,
2. Provide notice of each meeting 24 hours iin advance of meeting date, or
provide as much advance notice as possible.
3. Make physical arrangements for meetings.
4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
C. To Monroe County staff as needed.
B. Representatives of the Contractors, subcontractors and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The Engineer and the Owner's Representative may attend meetings to ascertain
that the Work is expedited consistent with the Contract Documents and
construction schedules.
1 PRE-CONST'RUCTION MEETING
A. Locatiom A central site designated by WOOD/Engineer.
B. Attendance:
1. Monroe County Sustainability/Projects Director designee.
2. WOOD/Engineer and his professional consultants (as required).
3. The Contractor's Superintendent,
4. Major subcontractors.
5. Major suppliers.
& Others as appropriate.
C. Suggested Agenda:
1 Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
PROJECTMEETINGS 0 1 200-Page I I I of 161
2. Critical Work sequencing,.
1 Major equipment deliveries and priorities.
4. Project Coordination,
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Bid requests.
C. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first -aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within (3) days.
A. The Contractor's Project Manager and/or Superintendent shall be required to
attend a periodic scheduled meeting.
B. Location of the meetings: A central: site designated by WOOD/Engineer, typically
it wiil be at the project site.
C. Attendance:
1. Monroe County Sustainability/Projects Director designee
2. WOOD/Engineer and his professional! consultants as needed.
3. Contractors as appropriate to the agenda.
4. Suppliers as appropriate to the agenda.
5. Others,
D. Suggested Agenda:
1.
Distribute meeting minutes.
2.
Approval of the minutes.
3.
Review of Work progress since previous meeting.
4.
Field observations, (problems, conflicts, Requests for Information, (RFI).
5.
Problems which impede Construction Schedule.
6.
Review of off -site fabrication, delivery schedules.
7.
Corrective measures and procedures to regain projected schedule,
S.
Revisions to Construction Schedule.
9.
Progress, schedule, during succeeding Work period.
10.
Coordination of schedules.
11.
Review submittal schedules.
112.
Maintenance of quality standards,
13.
Pending changes, substitutions and Change Order Requests (COR).
14.
Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
PROJECTMEETINGS
0 1 200-Page 112 of 161
b. Effect on other contracts of the Project.
15. Other business.
E. Revisions to minutes:
1 Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as, properly
stating the activities and decisions, of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
I Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting,
END SECTION 01200
PROJECT MEETINGS 01 200-Page 113 of 161
SECTION 011301 - SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
I The Contractor shall submit to WOOD/Englineer, shop drawings, product
data, certifications and samples required by the technical sections.
Z The Contractor shall prepare and submit a separate schedule listing
dates for submission and dates for review.
B. Related Sections:
1. Section 00750 - GENERAL CONDITIONS
2, Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data and sample requirements.
1.2 SUBMITTAL SCHEDULE
A, The Contractor shall submit within five (5) days of Notice to Proceed, and prior to
proceeding with the site work, a preliminary "Submittal Schedule" to
Sustainability/Projects Director and WOOD/Engineer for review, modification and
response. No payment applications will be processed prior to finalizing the
submittal schedule. The "'Submittal Schedule" shall contain, the following
information for all required submittals on both paper and electronic PDF
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (i.e., sample, test data, shop drawing,
etc.).
B. The Contractor shall also supply the following dates in order to meet the project
schedule.
1. Date submittal its scheduled to be submitted.
2- Date contractor has scheduled to order material or equipment or the
submittal item.
3. Date contractor has scheduled delivery to job -site of material or
equipment or the submittal item.
4. Add any remarks or unique items that Sustainability/Projects Director and
WOOD/Engineer should be aware of.
C. The Contractor shall allow a minimum of two (2) days, for review of submittal by
Sustainability/Projects Director and WOOD/Engineer (in calendar days).
D. The submittal master record will then be used to track submittals within the
process.
SUBMITT ALS 0 1301 -Page 114 of 1,61
1.3 SHOP DRAWINGS - Not applicable
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to WOOD/Engmeer. Submit four (4) copies
of product data to WOOD/Engineer,
B. Modify product data sheets to delete information which is not applicable to the
Project. Provide additional information if necessary to supplement standard
information.
C. The contractor shall submit seven (7) sets to WOOD/Engineer. WOOD/Engineer
will check and return five (5) copies to the Contractor after review.
1,5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship, and to
establish standards by which, completed work may be judged.
B. Construct mock-ups as required by the technical sections, at the Project Site in a
location designated by WOOD/Engineer. Construct mock-ups, including
adjacent work required, to demonstrate the final! appearance of the Work.
C. The contractor shall submit (3) samples to WOOD/Engineer and (1) will be
returned to the contractor after review/return from WOOD/Engineer,
1.6 CERTIFICATIONS
A. Provide certifications as required' by various technical sections on the
Contractor's letterhead stationery. Certifications shall be identified to this Project,
dated and bear Contractor's signature in the same format used for the
Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material and the
intended installation methods, where applicable,, are in compliance with the
Contract Documents. Attach manufacturer's affidavits where applicable.
C. The Contractor shall submit one (1) original, one (1) electronic and two (2)
hardcopies to WOOD/Engineer. WOOD/Engineer will retain two (2) sets and the
balance returned to the Contractor after review.
A. Before making submittals to WOOD/Engineer, review each submittal, make
changes or notations as necessary to conform to the Contract Documents,
identify such review with review stamp and forward reviewed submittal with
comments to WOOD/Engineer for review. Return submittals not meeting
Contract requirements to subcontractors and do not forward such submittals to
WOOD/Engineer.
SUBMITTALS 0 1301 -Page 115 of 161
BSubmit catalog sheets, product data, shop drawings and where specified, submit
calculations, material samples, color chips or charts, test data, warranties and
guarantees all at the same time for each submittal item,
C. Verify field measurements and product catalog numbers or similar data.
D. Clearly identify on the submittal and transmittal to WOOD/Engineer in writing of
deviations in submittals from the requirements of the Contract Documents.
E. After WOOD/Engineer's review, distribute copies with one copy to be maintained
at the Project Site for reference use and other copies distributed to suppliers and
fabricators,
F. Do not begin the Work which requires submittals until return of submittals with
WOOD/Engineer's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is, not
relieved by WOOD/Engineer's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of
the Contract Documents is not relieved by WOOD/Engineer review of submittals
unless WOOD/Engineer gives written acceptance of specific deviations,
MAMMUZY
A. WOOD/Engineer will review submittal's with reasonable promptness, checking
only for conformance with the design compliance of the Project and compliance
with information given in the Contract Documents,
BWOOD/Engineer will make changes or notations directly on the submittal, identify
such review with his review stamp, obtain and record the Record File copy and
return the submittal to the Contractor, with copies to WOOD/Engiineer.
C. WOOD/Engineer will return to the Contractor, without review, all submittals not
bearing the Contractor's review stamp or not showing it has been reviewed by
the Contractor.
END SECTION 01301
SUBMITTALS 01301-Page 116 of 161
SECTION 01310 - PROGRESS SCHEDULES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1, Contractor submission of Progress schedules
2. Contractor submission of (Revisions to schedules
B. Related sections:
1. Scope of work.
C. Description:
1 Progress Schedules: promptly after award of the Contract and prior to
proceeding with the site work, prepare and submit to
Sustainability/Projects. Director and WOOD/Engineer for approval,
construction progress schedules for the work, with sub -schedules of
related activities, which are essential to its progress. Also incorporate
manpower loading related to each activity on, the construction schedule.,
2. Revisions to Schedule: submit revised/updated progress schedules with
each payment application.
11 INA 0 0 1 KeTip, I M-1
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Sustainability/Projects Director and WOOD/Engineer.
1.3 CONTENT
A. Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub -schedules to define critical portions of the entire schedule,
1.4 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of submittal, and projected completion
date of each activity.
B. Identify activities modified since previous, submittal, major changes in scope, and
other identifiable changes,
1. Major changes in scope.,
2. Activities modified since previous submission.
3. Revised projections of progress and completion.
4. Other identifiable changes.
PROGRESS SCHEDULES 0 13 1 0-Pa-e 117 of 161
L,
C, Provide a narrative report as needed to define:
1. Problem areas, anticipateddelays and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
A Submit initial schedules within five (5) days after receipt of the Contract Notice to
Proceed.
Sustainability/Projects Director and WOOD/Engineer will review
schedules and return approved copy.
Submit revised Progress Schedules with each Application for Payment.
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1, Job site file.
2. Subcontractors.
3. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedules.
Note: It is not incumbent upon Sustai nab il ity/Projects Director or WOOD/Engineer to
notify the Contractor when to begin, to cease, or to resume work nor to, give early
notice of faulty or defective work, or in any way to superintend so as to relieve
the Contractor of responsibility or of any consequence of neglect or
carelessness.
PROGRESS SCHEDULIS 01310-Page 118 of 16t
. . . . .......
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Contractor submission of a Schedule of Values.
1 The Schedule of Values allocated to the various portions of the Work
shall be submitted to Sustainability/Projects Director within five (5) days
after Notice to Proceed.
2. No item in the Schedule of Values shall exceed $25,000.00 without prior
approval from Monroe County Sustainability/Projects Director.
3. Upon request of Sustainability/Projects Director, revise and/or support the
values with data which will substantiate their correctness.
4. The Schedule of Values forms the basis for the Contractor's Applications
for Payment.
5. The Schedule of Values shall be the basis for the amount of credit to be
allowed by the Contractor to the Owner as per 5,6.1 of the Contract.
1.2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AIA G703 Form; the Contractor's standard forms and
automated printout will be considered by SustainabilitylProjects Director upon the
Contractor's request. Identify schedule with:
1, Title of Project and location
2. Architect/Engineer
3. Name and Address of the Contractor
4. Contract designation
5. Date of submission
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction,
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
1 Clean-up.
4. Submittals.
5. Safety.
E. For each major line item list sub -values of major products or operations under the,
item.
F. For the various portions of the Work:
I Include a directly proportional amount of the Contractor"s overhead and
profit for each item.
SCHEDULE OF VALUES 0 1 370-Page 119 of 161
2. for items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
G. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub -schedule for each separate stage of work specified
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review Iby Sustainabflity/Projects Director, revise and resubmit schedule
(and Schedule of Material Values) as required.
B. Resubmit revised schedule in same manner,
END SECTION 01370,
SCHEDULE OF VALUES 01370-Page 120 of'161
SECTION 01385 - DAILY CONSTRUCTION REPORTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Requirement for Daily Construction Reports by the General Contractor,
2. Scheduled submission times for Daily Construction Reports.
A, Daily Construction Reports shall be submitted by the General Contractor
performing work on the project, '4✓tiJe have provided a form for your use at the end
of this section. If you chose to, use your own form, all the information asked for on
the Daily Construction Report form included in this section, must be included on
your form. Items to be addressed on the Report are;
1. Title of Project
2. Name of Contractor
3. Date and day of Report information, For example, you, performed work
on Thursday, February 14, 2008, so you would therefore use "Thursday,
2/14/08." This holds true even if you did not complete filling out the
Report until Friday, 2/15/08.
4. Contract designation.
5. Note any major Shipments received on that particular day.
6, Note major equipment used that day.
7. Note manpower used, and designate what trades, For example, if you
were the mechanical contractor, you would also list how many insulators,
pipe fitters, etc., that you were also managing, even if they were
subcontractors. I:n addition, list the names of the subcontractors that
were on -site that day.
8. Note any deficiencies in your work, and corrective actions taken to
resolve the deficiencies.
9. Note any safety violations discovered, whether or not caused by your
forces.
10, Provide a full description of work performed that day, by all
subcontractors, and or employees, currently working on the project.,
Furthermore, be sure to include any problems or unusual conditions
discovered.
11. Report is to be signed by the authorized representative of the contractor,
and should the signature not be legible, print the name of the signer next
to, the signature.
1.3 SCHEDULE OF SUBMITTING DAILY REPORTS
A. Daily Reports are to be submitted to WOOD/Engineer at the regularly scheduled
Project Meetings. Contractors are to submit the original of their report and
should keep a copy for their records. WOOD/Engineer or Sustainability Manger
photocopying facilities are not to be used in the reproduction for submission of
the reports.
DAILY CONSTRUCTION REPORTS 01385-Page 121 of 161
B. Should' contractor fail to comply with these instructions, the contractor's payment
application for the following month will be held in abeyance until such time the
contractor properly submits the delinquent reports,
I
PROJECT: REPORT NO:
ANINVOINUISM
DATE TIME WEATHER TEMP.RANG�E
EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE
WORK IN PROGRESS PRESENT AT SITE
OBSERVATIONS
ITEMS TO SATISFY
INFORMATION OR ACTION REQUIRED
ATTACHMENTS
REPORT BY:
DAILY CONSTRUCTION REPORTS 0 1 385-Page 122 of 161
1.1 SUMMARY
A. Section includes:
1 Notification to WOOD/Engineer and Sustainability/Projects Director in the
event errors, field conflicts, and omissions are found in the Contract
Documents or clarifications are necessary.
2. Utilization of (RFI) form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 8.3.2
1 General Conditions Article 12.3
lw�901
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of WOOD//Engineer and Sustainability/Projects Director
immediately. If clarifications are necessary, the request is to be conveyed to
WOOD/Engineer and Sustainability/Projects Director. WOOD/Engi'neer and
Sustainability/Projects Director will respond to the Contractor. The RFI is a tool
established to provide expedient clarifications of contract drawings, specifications
or field conflicts. It is not meant to be a substitute for good communication.
B. The RFI is not meant for formal notification of extra work, Reference General
Conditions paragraph 8.3.2 and 12,3 (see Supplementary General Conditions),
when formal correspondence is required for formal notification of time
extensions, and for cost change notifications.
C. The responses provided on the RFl form to the Contractor are considered by the
Owner to be clarifications and/or minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract time per
Paragraph 12.4 of the Contract General Conditions. Should the Contractor
consider the RFI response requires extra work, notification in accordance with
Paragraph 12.3.1 of the Supplementary General Conditions is required.
1.3 UTILIZATION OF RFI FORM
A. The RFI form to be utilized is included at the end of this section, if you wish to use a
form of your own; it must contain the same information requested on our form.
REQUEs'r FOR WFORMATION 01 395-Page 123 of 161
DATE
RFI #
PROJECT
ffil
CONTRACTOR
ARCHITECT
ADDRESS
PHONE FAX CELL
DESCRIPTION
CONTRACTOR RECOMMENDATION
COSTIMPACT
NAME DATE
RESPONSE
NAME DATE
REQUEST FOR INFORMATION 01 395-Page 124 of 161
PART 1 - GENERAL
1A RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality
control services,
B. Quality control services include inspections, tests, and related actions, including
reports performed by Contractor, by independent agencies, and by governing
authorities. They do not include contract enforcement activities performed by
Architect.
C. Inspection and testing services are required to verify compliance with
requirements specified or indicated. These services do not relieve Contractor of
responsibility for compliance with Contract Document requirements,
D, Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products.
1 Specific quality control' requirements for individual' construction activities,
are specified in the Sections that specify those activities. Requirements
in those Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements,
3. Requirements for Contractor to provide quality control' services required
by Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E. Related Sections: The follIowing Sections contain requirements that are related
to this Section:
I Division 1 Section "Cutting and patching" specifies requirements for repair
and restoration of construction disturbed by inspection and testing
activities.
2. Division 1 Section! "Submittals: specifies requirements for development of
a schedule of required tests and inspections,
1.3 RESPONSIBILITIES
A. The contractor shall be responsible to secure, provide, and pay for all
inspections, test, and other quality -control services specified and required by the
contract or governing authorities. Costs for these services are included in the
Contract Sum. Any reference in the Contract Documents, Drawings, Front End
QUA,LITY CONTROL 01400-11age 12,5 of] 61
Documents or Technical Specifications indicating the Owner is responsible to
secure and pay for testing shall be disregarded and rendered null and void.
Where individual Sections specifically indicate that certain inspections,
tests, and other quality -control services are the Contractor's responsibility,
the Contractor shall employ and pay a qualified independent testing
agency to perform quality -control services. Costs for these services are
included in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of the Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re -testing: The Contractor is responsible for re -testing where results of
inspections, tests, or other quality -control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
The cost of re -testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provide reasonable auxiliary services as
requested:. Nofify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limited
to, the following:
1'. Provide access to the Work,
2. Furnish incidental labor and facilities necessary to facilitate inspections
and: tests.
3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples,
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.,
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the
Project Site,
D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Architect and the Contractor in
performance of the agency's duties. The testing agency shall provide qualified
personnel to perform required inspections and tests.
The agency shall notify WOOD/Engineer, the Sustainability/Profects,
Director and the Contractor promptly of irregularities or deficiencies
observed in the Work during performance of its services.
QUALITY CONTROL 0 1400-P'age 126 o C 161
2, The agency is not authorized to release, revoke, alter, or enlarge
requirements of the Contract Documents or approve or accept any portion
of the Work.
3. The agency shall' not perform any duties of the Contractor.
H��- I �21 �
A. Unless the Contractor is responsible for this service, the independent testing
agency shall submit a certified written report, in duplicate, of each inspection,,
test, or similar service to WOOD/Engineer and Sustainability/Projects Director. If
the Contractor is responsible for the service, submit a certified written report, in
duplicate, of each inspection, test, or similar service through the Contractor.
1 Submit additional copies of each written report directly to the governing
,authority, when the authority so directs,
2. Report Data: Written, reports of each inspection, test, or similar service
include, but are not limited to, the following:
a. Date of issue.
b. Project title and number.
c, Name, address, and telephone number of testing agency,
cl, Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
9. Identification of product and Specification Section,
h. Complete inspection or test data.
1. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested
Work complies with Contract Document requirements.
I. Name and signature of laboratory inspector.
M Recommendation on re -testing.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service
agencies, including independent testing laboratories, that are pre qualified as
complying with the American Council of Independent Laboratories"
Recommended Requirements for Independent Laboratory Qualification" and that
specialize in the types of inspections and tests to be performed.
Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the
state where the Project is located.
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
QUALITY CONTROL 0 1 400-Page 127 of 161
X General: Upon completion of inspection, testing, sample taking and similar
services, repair damaged construction and restore substrates and finishes.
Comply with Contract Document requirements for Division 1 Section "Cutting and
Patching".
B. Protect construction exposed by or for quality -control service activities, and
protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment of
responsibility for inspection, testing, or similar services.
QUALITY CONTROL 0 1 400-Page 128 of 161
SriME.F.Amagggs Eureigm unvula as] 4a Im k d [01'kl
PART —GENERAL
1,1 RELATED DOCUMENTS
E.
F. A. Drawings and general provisions of Contract,
including General and Supplementary Conditions and other Division 1
Specifications Sections, apply to this Section.
1.2 DEFINITIONS
G.
H. A, General: Basic Contract definitions are
included in the conditions of this Contract.
B. Indicated: The term "indicated" refers to
graphic representations, notes or schedules on the Drawings, or other
Paragraphs or Schedules in the Specifications, and similar requirements in the
Contract Documents. Where terms such as "shown", "noted", "scheduled", and
"specified'" are used, it is to help the reader locate the reference; no limitation on
location is intended.
0
L. C. Directed: Terms such as "directed",
".requested", "authorized", "selected", "approved", "required", and "permitted"
mean "directed by WOOD/Engineer", "requested by WOOD/Engineer", and
similar phrases.
D. Approve: The term "approved", where used in conjunction with
WOOD/Engineer's action on the Contractor's submittals, applications, and
requests, is limited to WOOD/Engineer"s duties and responsibilities as stated in
the Conditions of the Contract.
E. Regulation: The term "regulations" includes laws, ordinances, statutes, and
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project
site, ready for unloading, unpacking, assembly, installation, and similar
operations,"
G. Install: The term "install" is used to describe operations at project site including
the actual "unloading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and similar
operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready
for the intended use."
Installer: An "Installer" is the Contractor or an entity engaged by the Contractor,
either as an employee, subcontractor, or contractor of lower tier for performance
of a particular construction activity, including installIation, erection, application,
and similar operations. Installers are required to be experienced in the
operations they are engaged to perform.
R-EFERENCE STANDARDS AND DEFINITIONSO 1421 -Page 129 of 161
1 The term "experienced", when used with the term "Installer", means
having a minimum of five previous projects similar in size and scope to
this, Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2. Trad'es: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
`"carpenter,,. It also does not imply that requirements specified apply
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the, Specifications require
that specific construction activities shall be performed' by specialists who
are recognized: experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option,. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regiulations governing
the Work. It is also not intended to interfere with, local trade union
jurisdictional settlements and similar conventions.,
Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others performing
other work as part of the Project. The extent of the Project site is shown on the
Drawings and may or may not be identical with the description of the land on
which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests,
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A, Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-Division format
and MASTER FORMAT numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intended: meaning of certain terms, words, and phrases when
used in particular situations or circumstances. These conventions are explained
as follows:
Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and
the context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to
be performed by the Contractor. At certain locations in the text, for clarity,
subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
REFERENCE STANDARDS AND DEFINITIONSO 142 1 -Page 130 of'161
a. The words "shall be" shall be included by inference wherever a
colon (:) is used within a sentence or phrase.
1.4 INDUSTRY STANDARDS
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same
force and effect as if bound or copied directly into the Contract Documents to the
extent referenced. Such standards are made a part of the Contract Documents
by reference.
13. Publication Dates: Comply with the standard in effect as of the date of the
Contract Documents.
C. Conflicting Requirements: Where compliance with two or more standards is
specified, and the standards, may establish different or conflicting requirements
for minimum quantities or quality levels. Refer requirements that are different,
but apparently equal, and uncertainties to Sustainiability/Projects Director for a
decision before proceeding,
1. Minimurn Quantity or Quality Levels: The, quantity or quality level shown
or specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are
minimum or maximum, as appropriate for the context of the requirements.
Refer uncertainties to WOOD/Engineer for a decision before proceeding,
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
provision. Refer to the "Encyclopedia of Associations", published by Gale
Research Co., available in most libraries.
F. Abbreviations and Names' Trade association names and titles of general
standards are frequently abbreviated. The following abbreviations and
acronyms, as referenced in the Contract Documents, mean, the associated
names. Names and addresses are subject to change and are believed, but are
not assured, to be accurate and up-to-date as of the date of the Contract
Documents.
REFERENCE STANDARDS AND DE1 INITIONS01 421 -Page 131 of 161
AA Aluminum Association
AABC Associated Air Balance Council
AAMA American Architectural Manufacturers
AAN American Association of Nurserymen
(See ANLA)
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA America Concrete Pipe Association
AHA American Hardboard Association
Al Asphalt Institute
AIA the American Institute of Architects
RISC American Institute of Steel Construction
AITC American Institute of Timber Construction
ALA American Laminators Association
ALSC American Lumber Standards Committee
AMCA Air Movement and Control Association International, Inc.
ANLA American Nursery and Landscape Association
ANSI American National Standard's Institute
APA APA-The Engineering Wood Association
(Formierly: American Plywood Association)
APA Architectural Precast Association
ARMA Asphalt Roofing Manufacturers Association
ASA Acoustical Society of America
ASC Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
REFERENCE STANDARDS AND DEFINII'IONS01421 -Page 132 o1'161
ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
AWI ArchitecturalWoodwork Institute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHM:A Builders Hardware Manufacturers Association
BIA Brick Institute of America
EIMA EIFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI
National Elevator Industry
NELMIA
Northeastern Lumber Manufacturers Association
NEMA
National Electrical Manufacturers Association
NFPA
National Fire Protection Association
NHLA
National Hardwood Lumber Association
NLGA
National Lumber Grades Authority
NOFMA
National Oak Flooring Manufacturers Association
NWWDA
National Wood Window and Door Association
REFERENCE STANDARDS AND DEHNITIONSO 142 1 -Page 1.33 of 161
(Formerly: National Woodwork Manufacturers Association)
PCA Portland Cement Association
PCI Precast/Prestressed Concrete Institute
RFCI Resilient Floor Covering Institute
SDI Steel Door Institute
SGCC Safety Glazing Certification Council
SIGMA Sealed Insulating Glass Manufacturing Association
SMACNA Sheet Metal and Air Conditioning Contractor's National
Association, Inc.
SPAS Southern Pine Inspection Bureau
SPRI SPRI (Formerly: Single Ply Roofing Institute)
i
SWRI Sealant, Waterproofing, and Restoration Institute
TCA Tile Council of America
UL Underwriters Laboratories, Inc.
WCLIB West Coast Lumber Inspection
WIC Woodwork institute of California
WWPA Western Wood Products Association
G. Federal Government Agencies: Names and titles of Federal Government standards -or
specification -producing agencies are often abbreviated. The following abbreviations and
acronyms referenced in the Contract Documents indicate names of standards -or
specification -producing agencies of the Federal Government. Names and addresses
are subject to change and are believed, but are not assured, to be accurate and up-to-
date as of the date of the Contract Documents.,
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
END SECTION 01421
REFERENCE STANDARDS AND DEFINITIONSO 142 1 -Page 134 of 161
SECTION O1500 - TEMPORARY FACILITIES
PAIN —GENERAL
1.1 DESCRIPTION'
A. Work included: Provide temporary facilities needed for the Work including, but
not necessarily limited to:
1. Temporary utilities such as water, electricity, and telephone.
Z Field office for the Contractor's personnel,
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public and
employee safety.
6. Project sign.
B, Related Work:
Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division, 1 of these
Specifications.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition, throughout
progress of the Work.
PART 2 - PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A. Contractor's facilities:
1. Not Applicable
B. Sanitary facilities:
1 Provide temporary sanitary facilities, in the quantity required for use by all
personnel.
2. Maintain in a sanitary condition at all times.
2.2 ENCLOSURES
A, Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary
construction necessary for proper completion of the Work in compliance with
pertinent safety and other regulations,
B. Upon completion of the Work, remove job signs.
C. Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
TEMPORARY FACILITIES 0 15 00-Page 135 of 161
2.3 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence or
barricade of design and type needed to prevent entry onto the Work by the
public.
PART 3 — EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
B. Remove such temporary facilities, to include existing mobile home, and controls
as rapidly as progress of the Work will permit, or as directed by the Owner.
END SECTION 01500
TEMPORARY FACILITIES 0 1 500-Page 136 of 161
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Construction aids
2. Temporary enclosures
1.2 REQUIREMENTS OF REGULATORY AGENCIES
6Comply with Federal', State and local codes and regulations.
FART 2-PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the untended use and shall not violate
requirements of applicable codes and standards.
2.2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing, installing, maintaining, and
removing on completion of the Work all' scaffolds, staging, ladders, stairs, ramps,
runways, platforms, railings, chutes, and other such facilities and equipment
required by his personnel to insure their safety and facilitate the execution of the
Work.
1 The Contractor shall comply with all Federal, State and local codes, laws
and regulations governing such construction aids.
2. The Contractor shall relocate such construction aids as required by the
progress of construction, by storage or work requirements, and to
accommodate the legitimate requirements of the Owner or
WOOD/Engineer or other separate contractors employed at the site.
3. The Contractor shall completely remove temporary scaffolds, access,
platforms, and other such materials, facilities, and equipment, at the
completion of the Work or when construction needs can be met by the
use of the permanent construction, provided WOOD/Engineer has
approved and authorized such use. The Contractor shall clean up and
shall repair any damage caused by the installation or by the use of such
temporary construction aids, The Contractor shall restore any permanent
facilities used for temporary purposes to their specified condition.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
CONSTRUCTION AIDS 0 1 520-Page 137 of 16,1
2.3 TEMPORARY ENCLOSURES
A. The Contractor shall be responsible for installing the permanent closure in an
opening in an exterior wall and shall be responsible for installing, maintaining,
and removing, as the Work progresses, a temporary weather -tight enclosure for
that opening as necessary to provide acceptable working conditions, to provide
weather protection for interior materials, to allow for effective, temporary heating
and/or cooling, and to prevent entry of unauthorized persons.
1 The Contractor shall install such temporary enclosures as soon as is
practical after the opening is constructed or as directed by
WOOD/Engineer.
2. Temporary enclosures shall be removable as necessary for the Work and
for handling of materials.
1 Temporary enclosures shall be completely removed when construction
needs can be met by the use of the permanent closures.
4. The Contractor responsible for providing, maintaining, and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain, responsible for insuring that his work,
material, equipment, supplies, tools, machinery, and construction
equipment is adequately protected from damage or theft and shall
provide, maintain and remove such additional temporary enclosures as
may be deemed necessary.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
END SECTION 011520
CONSTRUCTION AIDS 0 1 520-Page 138 of 161
A. The Contractor shall be responsible for installing and maintaining, until the
completion of hi's Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.,
after approval from the Owner has been obtained. The Contractor shall remove
temporary access roads and parking facilities and restore the areas to original or
required grades.
B. Any Contractor excavating across an access road or parking area shall back -fill
and compact his excavation and resurface the road or parking area to match the
existing surface. The Contractor shall comply with all applicable Specifications
when so doing.
END SECTION 01550
ACCESS ROADS AND PARKING AREAS 0 1 550-Page 139 of 161
PART 1 - GENERAL
1A SUMMARY OF WORK BY THE CONTRACTOR
A. Section Includes:
1. Water control
2. Dust control
1 Erosion and sediment control
4. Pollution control
B. Related sections:
1. SCOPES OF WORK
1.2 WATER CONTROL
A. Contractor shall grade site to drain,
B. Protect site from puddling or running water. Provide water barriers to protect site
from soil erosion. Maintain excavations free of water. Provide, operate, and
maintain pumping equipment,
1.3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction
operations,
B. Provide positive means to prevent airborne dust from dispersing into
atmosphere,
1.4 ERO�SiON AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage from cuts
and fills, from borrow and waste disposal areas. Prevent erosion and
sedimentation.
B. Minimize amount of bare soil exposed at one time.
C, Provide temporary measures such as berms, dikes, and drains, to prevent water
flow.
D. Construct fill and waste areas by selective placement to avoid erosive surface
silts or clays.
E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly
apply corrective measures,
TEMPORARY CONTROLS 0 1 560-Page 140 of t6l
i ON 0 1011 Lei ff we] a UZOTS11
A. Provide methods, means, and facilities to prevent contamination of soil, water,
and atmosphere from discharge of noxious, toxic substances, and pollutants
produced by construction operations.
AN -9W *44 -1 UOUTF11
TEMPORARY CONTROLS 0 1 560-Page 141 of'I 61
A. The Contractor shall furnish, install, and maintain a temporary fieldoffice if
required by Slustainability/Projects Director and WOOD/Engineer for his use, the
use of his employees, and the use WOOD/Engineer during the construction
period. The location of the Field Office shall be determined by
Sustainability/Projects Director and WOOD/Engineer,
B. The Contractor shall' furnish, install, and maintain temporary storage and work
sheds to adequately protect his work, materials, equipment, !supplies, tools,
machinery, and construction equipment from damage and theft.
C. The Contractor shall arrange his field office and sheds so as not to interfere with
the construction. The, locations of field offices and sheds shall be coordinated
with Sustainability/Projects, Director and WOOD/Engineer. The type, size and
location of field offices and sheds are subject to approval by
Sustainability/Projects Director and WOOD/Engineer.
D. The Contractor shall arrange and pay for temporary electricity and telephone
service for his field office and sheds, if he should require such services.
E. The Contractor shall relocate his field office and sheds as directed by
Sustainability/Projects Director, at no additional cost to the Owner.
F. The Contractor shall remove his field office and sheds on completion of the Work
or when directed by Sustainability/Projects Director and WOOD/Engineer. The
Contractor shall remove all debris and rubbish and shall leave the area in a clean
and orderly condition,
END SECTION 01590
FIELD OFFICES AND SHEDS 0 1 590-Page 142 of 161
SECTION 01�595 - CONSTRUCTION CLEANING
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Cleaning during progress of work.
A, Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti -pollution laws.
1. Do not burn or bury rubbish and waste materials on Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2-PRODUCTS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
of the surface material to be cleaned,
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
D. Sweeping compounds used in cleaning operations shall leave no residue on
concrete floor surfaces that may affect installation of finish flooring materials,
A. Execute cleaning to keep the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on -site containers for the collection of waste materials, debris, and
rubbish.
C. Dispose of waste materials, debris and rubbish off site at a state permitted
disposal site.
CONSTRuuriON CLEANING 0 1 595-Pag,e 143 of 161
D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by WOOD/Engineer. Contractor each day shall
collect and deposit in the containers, all rubbish, waste materials, debris, and
other trash from his operations, including any trash generated by his employees
during lunch periods or coffee breaks. Shipping dunnage is also to be removed
by the contractor. Paper, boxes and bulk packaging shall be folded or cut into
reasonable sizes and shapes as appropriate and confined to prevent loss of
trash due to wind relocation. Full trash containers shall be disposed and
replaced as necessary to maintain above requirements and/or as directed by
WOOD/Engineer. Contractor shall use properly licensed solid waste hauling
vendors, licensed to operate in Monroe County,
END SECTION 01595
CONSTRUCTION CLEANING 0 1595 -Page 144 of 161
SECTION 011600 - MATERIAL AND EQUIPMENT'
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A, Section includes:
1. Products,
2. Transportation and handling
I Storage and protection
4. Security
I WA a WO] Dille]
A Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. Products do not include machinery and
equipment used for preparation, fabrication, coniveyi'ng and erection of the Work.
Products may also include existing materials or components, required for reuse.
B. Do not use materials and' equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
A. The Contractor shall be responsible for the transportation of all materials and
equipment furnished under this contract. Unless otherwise noted, the Contractor
shall also be responsible for loading, receiving and off-loading at the site all
material and equipment installed under this Contract, whether furnished by the
Contractor or the Owner. The Contractor shall be responsible for coordinating
the installation within the buildings of equipment that is too large to pass through
finished openings,
B. Transport and handle products in accordance with manuifactuirer's instructions.
C. Promptly inspect shipments to assure that products comply with requirements,
quantities are correct, and products are undamaged.
D. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
The Contractor shall be responsible for the proper storage of all materials,
supplies, and equipment to be installed under this Contract. Materials stored on
site but not adequately protected will not be included in estimates for payment.
Except for materials stored within designated and approved storage sheds, vans,
or trailers, the Contractor shall not bring onto nor store in any manner at the site
MATERIAL AND EQUIPMENT 0 1 600-Page 145 of 161
any materials and equipment which will not be incorporated into the permanent
Work within seven (7) days from the delivery date, The Contractor shall be
responsible for arranging and paying for the use of property off the site for
storage of materials and equipment as may be required.
1.5 SECURITY
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
END SECTION 01600
MATERIAL AND EQUIPMENT 0 1 600-Page 146 of 161
SECTION 01630 - POST -CONTRACT SUBSTITUTIONS
1A SUMMARY
A. Section includes:
Post -proposal substitutions
1.2 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
B. After the end of the proposal period, substitution requests, from the successful
Proposer, will be considered only in the case of:
1. Product unavailability.
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request with the
following information:
1 Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1) Product description,
2) Reference standards.
3) Performance and test data.
C. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
fisting significant variations.
1 Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with product
specified.
a. Amount of net change to Contract Sum.
T Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of
replacement materials.
D. Substitutions will not be considered for acceptance when:
1 A substitution is indicated or implied on shop drawings or product data
submittals without a formal request from Proposer,
2, Acceptance will require substantial revision of Contract Documents.,
POST CON TRACTSUBSTITUTIONS, 01630-Page 147 of'161
1 In judgment of WOOD/Engineer the substitution request does not include
adequate information necessary for a complete evaluation.
4. Requested directly by a subcontractor or supplier.
E. Do not order or install substitute products without written acceptance of
WOOD/Engineer.
F. WOOD/Engineer will determine acceptability of proposed substitutions.
G. No verbal or written approvals other than by Change Order will be valid.
A. In making formal request for substitution the Contractor represents that:
1 The proposed product has been investigated' and it has been determined
that it is equivalent to or superior in all respects to the product specified.
2. The same warranties or bonds will be provided for the substitute product
as for the product specified.
3. Coordination and installation of the accepted substitution into the Work
will be accomplished and changes as may be required for the Work to be
complete will be accomplished.
4, Claims for additional costs caused' by substitution which may
subsequently become apparent willl be waived by the Contractor,
5. Complete cost data is attached and' includes related costs under the
Contract, but not:
a. Costs under separate contracts.
b. Sustainabillity/Projects Director's costs for redesign or revision of
Contract Documents.
A. The form is attached to this section,
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with back-up data.
POST CON 'r FRACT SUBSTITUTIONS 0 1 630-Page 148 of 161
POST -PROPOSAL SUBSTITUTION FORM
TOWOOD/Engineer
We hereby submit for your consideration the following product instead of the specified item for
the above project:
X�1115121,1 NIMMMOMEN
SPEC.SEC. SPEC, NAME PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and
performance to that which is specified. Clearly mark manufacturer's literature to indicate
equality in performance.
The undersigned certifies that the function, appearance and quality are of equal performance
and assumes liability for equal performance, equal design and compatibility with adjacent
materials.
Submitted By:
Signature Title
Firm
Address
Telephone Date
Signature shall] be by person having authority to legally bind his firm to the above terms. Failure
to provide legally binding signature will result in retraction of approval,
For use by the Architect/Engineer: For use, by the Owner
Recommended Recommended as noted Approved
0
Not Recommended Received too late Not Approved
Insufficient data received Approved as noted
0
Date: Date:
i,os'r CONTRACTSUBSTITUTIONS 0 1 630-Page 149 of 161
Fill in Blanks Below. -
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
R, Will the undersigned pay for changes to the building design, including engineering and
detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
L4
Manufacturer's warranties of the, proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
C. Itemized comparison of specified item(s) with the proposed substitution; list siignificant
variations:
H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($
I. Designation of maintenance services and sources:
(Attach additional sheets if required)
END SECTION 01630
POS'I'CON'I'RACI'St,TBSTII'LJI'IONS 0 1 630-Page 150 of 161
PARTI--GENERAL
1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section,
B. Related work:
1. Documents affecting work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary
Conditions, and Sections in Division of these Technical Special
Provisions.
2. Additional procedures also may be prescribed in other Sections of
these Technical Special Provisions.
A. Include within the Contractors quality assurance program such
procedures as are required to assure full protection of work and materials.
1.3 MAN UFACTURERS'RECOMMENDATIONS
A. Except as otherwise approved by SustainabilityiProjects, Director,
determine and' comply with manufacturers' recommendations on product
handling, storage, and protection.
1,4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container,
with labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact
until time of use.
2'. Promptly remove damaged material and unsuitable items from the
job site, and promptly replace with material meeting the specified
requirements, at no add`itionali cost to the Owner.
S. WOOD/Engineer may reject as non -complying such material and
products that do not bear identification satisfactory to WOOD/Engineer as
to manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are
handled.
B. Provide protection for finished floor surfaces in traffic area prior to
allowing equipment or materials to be moved over such surfaces.
PRODUCT HANDLING 01640-Page 151 of 161
C. Maintain finished surfaces clean, unmarred, and suitably protected until
accepted by the Owner,
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the
approval of WOOD/Engineer and at no additional cost to the Owner.
6, Additional time required to secure replacements and to make repairs will
not be considered by WOOD/Engineer and Sustainability/Projects
Director to justify an extension;, in Contract Time of Completion.
END SECTION 01640
PRODUCT HANDLING 0 1 640-Page 152 of 161
PART 1 — GENERAL
1.1 PROJECT TERMINATION
A, The Contract requirements are met when construction activities have
successfully produced, in this order, these three terminal activities:
1. Substantial Completion
Z Final Completion
3. Final Payment
1.2 NOTICE OF SUBSTANTIAL COMPLETION
A. Contractor shall submit to WOOD/Engineer when work is, substantially
complete:
1 A written notice that the Work, or designated portion thereof, is
substantially complete.
2. Request Substantial Completion Observation at a mutually
agreeable date.
3. Certifications of systems and testing/balancing final reports.
4. Submit evidence of compliance with requirements of governing
authorities:
,a. Certificate of Occupancy (or Completion)
b. Certificates of Inspection as appllcable:
1 ) Electrical systems if required by Code
B. Within a reasonable time after receipt of such notice, the Owner and the
Contractor will make an observation to determine the status of
completion.
C. Should the Owner determine that the work is not substantially complete,
the following will occur:
1 The Owner will promptly notify the Contractor in writing, giving the
reasons.
2, The Contractor shall remedy the deficiencies in the Work, and
send a second written notice of substantial completion to the
Owner.
1 The Owner will re -observe the Work.
D. When the Owner concurs that the Work is substantially complete, the
following will occur:
1 WOOD/Engineer will prepare a Certificate of Substantial
Completion accompanied by the Punch List of items to be
completed or corrected, as verified and amended by
Sustainability/Projects Director. Contract responsibilities are not
altered by inclusion or omission of required Work from the punch
list.
CONTRACTCLOSEOUT 0 1 700-Page 153 of 161
2. The Owner wi:ll submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the
certificate,
E. Contractor shall complete or correct items identified on the punch list and
required by the Contract requirements within time limit established by the
certificate.
1,3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities
pertaining to substantial completion, complete Work on punch list items
and submit written request to the Owner for final inspection, within thirty
(30) calendar days of date of substantial completion.
B. When the Work is complete, the Contractor shall submit written
certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract
Documents.
1 Work has been completed in accordance with the Contract
Documents,
4. Equipment and systems have been tested in the presence of the
Owner's representative and are operational.
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status
of completion with reasonable promptness after receipt of such
certification.
D. Should the Owner consider that the Work is incomplete or defective:
1 The Owner will: promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner
that the Work is complete.
3. The Owner will re -inspect the Work.
E, When the 'Work is acceptable under the Contract Documents as
determined by the Owner, the Owner will request the, Contractor to make
close-out submittals. Warranties & Guarantees for everything will begin
at Substantial Completion.
11.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER
Contractor shall provide two (2) hard copies in tabulated divided binders and one
(1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format
delivered on a clownloadable CD/DVD or flash drive of the all the following but
not limited to:
CONTRACT CLOSEOUT 0 1 700-Page t 54 of 161
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials,
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to
final release (includes final release from all utilities and utility companies).
1,5 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final) statement of accounting to the Owner.,
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders
b. Allowances
C. Deductions for uncorrected Work
cl. Deductions for Liquidated Damages
e. Deductions for Re-inspecfion Payments
f. Other Adjustments
C. The Owner will prepare a final Change Order, reflecting adjustments to
the Contract Sum which were not previously made by Change Orders.
1.6 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in
accordance with procedures and requirements stated in the Conditions of
the Contract,
END SECTION 01700
CONTRACT CLOSEOUT 01700-Page :155 of 161
SECTION 01710 - FINAL CLEANING
1.1 SUMMARY
A. Section includes:
1. Contractor's cleaning at completion of Work
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes,
ordinances, regulations, and anti -pollution laws.
1. Do not burn or bury rubbish and waste materials on the Project
Site,
Z Do not dispose of volatile wastes such as mineral spirits, oil or
paint thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health
or property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by
manufacturer on the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning
material manufacturer.
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials In a controlled manner with as little handling as
possible.
12 FINAL CLEANING
A. Employ skilledworkmen for final cleaning,
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels,
and other foreign materials from sight -exposed interior and exterior
surfaces.
C. Polish glossy surfaces to a clear shrine.
D. Broom clean exterior paved surfaces; rake clean other surfaces of the
grounds.
FINAL CLEANING 0 17 1 O-Page 156 of 161
E. Prior to final completion, or the Owner occupancy, conduct an inspection
of sight -exposed interior surfaces, exterior surfaces and work areas, to
verify that the entire Work is clean.
F Clean tunnel's and closed off spaces of packing boxes, wood frame
members and other waste materials used in the Construction.
G. Remove temporary labels and stickers from fixtures and equipment. Do
not remove permanent name plates, equipment model numbers and
ratings,
H. Remove from the Site all items, installed or used for temporary purposes
during construction.
Restore all adjoining areas to their original' or specified condition.
END SECTION 01710
FINAL CLEANING 0 17 1 O-P'age 157 of 161
SECTION 01720 - PROJECT RECORD DOCUMENTS
PART I - GE1JEV4k4L
1,11 SUMMARY
A. Contractor shall:
M. I. Maintain at the job site one copy of:
a.
Record Contract Drawings
b.
Record Project Manual
C.
Coordination drawings
d.
Addenda
e.
Reviewed shop drawings
f.
Change Orders
9.
Other modifications to the Contract
h.
Field test records
A. Store documents in cabinets in temporary field office, apart from
documents used for construction.
B. Maintain documents in clean, dry, legible condition,
C. Do not use Project Record Documents for construction purposes.
D. Make documents available for inspection by WOOD/Engineer.
E. Failure to maintain documents up-to-date will be cause for withholding
payments,
F. Obtain from Sustainability/Projects Director (at no charge) two sets of the
Contract Documents for Project Record Documents including,.
1. Specifications with all addenda.
2. Two complete sets of black -line prints of all Drawings.
13 RECORDING
A. Label each document "Project Record".
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been
recorded.
D. Contract Drawings:
PROJECT RECORD DOCUMENTS 0 1 720-Page 158 of 161
I Required information may, as an option, be entered on a "working
set" and then at completion of Project transfer the information to
final submitted "Project Record"' set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to
survey data.
b. Horizontal and vertical' location of underground utilities and
appurtenances referenced to permanent surface
improvements,
C. Location of internal utilities and appurtenances concealed
in construction referenced to visible and accessible
features of structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings,
E. Specifications and Addenda:
Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of
each product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
C. Other items not originally specified.
F. Conversion of schematic layouts:
1 Arrangement of conduits, circuits, piping, ducts and similar items
are in most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 1 " on the centerline of items
shown schematically,
b. Identify each item;, for example, "'cast iron drain"
"galvanized water",
C. Identify location of each item, for example, "under slab", "'in
ceiling plenum", "exposed".
3, WOOD/Engineer may waive requirements of schematic layout
conversion, when in his opinion, it serves no beneficial purpose.
Do not, however, rely on waivers being issued except when
specifically issued by WOOD/Engineer in, writing.
1.4 SUBMITTAL
A. At completion of Project, deliver Project Record Documents to
WOOD/Engineer prior to request for final payment.
PROJECTRECORD DOCUMENTS 0 1 720-Page 159 oft 61
B. Accompany submittal with transmittal letter, in duplicate, containing:
1. Date
2. Project title and Project number
3The Contractor's name and address
4. Title and number of each record document
5. Certification that each document as submitted is, complete and
accurate.
6. Signature of the Contractor, or his authorized representative.
END SECTION 01720
PROJECT RE"CORD DOCUMENTS 01 720-Page 160 or 161
FIN Uffm■ 11 1
MRCS GRANT
USDA
NRCS-ADS-093
U.S. Department of Agriculture
Natural Resources
Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
1. Award Identifying Number
2. Amendment Number
3. Award /Project Period
4. Type of award instrument:
NR184209XXXXCO27
220 Calendar Days From
NRCS Signature
Cooperative Agreement
5. Agency (Name and Address)
6. Recipient Organization (Name and Address)
Natural Resources Conservation Service
COUNTY OF MONROE
P. O. Box 141510
1100 SIMONTON STREET
Gainesville, FL 32614-1610
KEY WEST FL 33040-3110
DUNS:073876757
EIN:
. N C rogram ontact
T NWMAdrninistrative
9. Recip ent Program
10. Recipient Administrative
Contact
Contact
Contact
Name: Jason Strenth
Name: MOIRA SANFORD
Name: Rhonda Haag
Name: Rhonda Haag
Phone: (352) 338-9559
Phone: (614) 255-2495
Phone: 305-453-8774
Phone: 305-453-8774
Email: jason.strenth@fl.usda.
Email: MOIRA.
Email: haag-
Email: haag-
gov
SANFORD@OH.USDA.GOV
rhonda@monroecounty-fl.gov
rhonda@monroecounty-fl.gov
11. CFDA
12. Authority
13. Type of Action
14. Program Director
10.923
33 U.S.C. 701b-1
New Agreement
Name: Roman Gastesi
Phone: 305-292-4442
Email: gastesi-
roman@monmecounty-fl.gov
15. Project Title/ Description: Monroe County Hurricane Irma EWP - Debris Removal
6000003865
16. Entity Type: 01 = County government
17. Select Funding Type
Select funding type:
V Federal
Non -Federal
Original funds total
37,802,499.900
11455303.00
Additional funds total
$0.00
$0.00
Grand total
37.802.499.900
11455303.00
8. Approved Budget
$0.00 lFringe Benefits 1 0.00
$0.00 lEquipment j $0.00
$0.00 jContractual 1$0.00
Total Direct Cost 13,802,499.900 (Total Indirect Cost 1' $0.00
Non -Federal Funs 111455303.00
Federal Funds Awarded 137,802,499.900
Approved Budget 149,257,802.900
rrd or amendment and any payments made pursuant thereto, the undersigned represents that he or she Is duly authorized to
on behalf of the awardee organization, agrees that the award Is subject to the applicable provisions of this agreement (and all
ichments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
id by NRCS to have been overpaid, will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative ISggnature 1Dale
RUSSELL MORGAN
State Conservationist
Name and Title of Authorized
Recipient Representative Signature '`. - Date
Roman GaSte51
County Administrator un �'//
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination In all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or a part of an Indivldual's Income Is derived from any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require allemative means for communication of program Information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and Tiro). To file a complaint of discrimination write to
USDA, Director, Office of Civil Rights.1400 Independence Avenue, SW.. Washington, DC 20250.9410 or call (800) 795.3272 (voice) or (202)
720.6382 (TOO). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
MONRO Ty Ty ORNEY
PRO made In accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a)e
w
YNTHIA L. HA'
EY
ASSISTANT COUNTY ATTORN
Date
Paqe 2 of 14
Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the "NRCS", to provide technical and financial assistance to Monroe County,
hereinafter referred to as the "Sponsor", for EWP Project # 5072 (Hurricane Irma) in Monroe County, Florida for
implementation of recovery measures, that, if left undone, pose a risk to life and/or property.
Objectives
The design and installation of EWP measures as detailed in the individual Damage Survey Report (DSR) and described
here:
DSR No. MC-17-001 — Remove debris from Big Coppitt, Geiger, Saddlebunch, Sugarloaf canals = $2,309.353
DSR No. MC-17-002 — Remove debris from Cudjoe, Summerland, Ramrod, Little Torch canals = $3.811.652
DSR No. MC-17-003 — Remove debris from Big Pine Key canals = $22,475,998
DSR No. MC-17-004 — Remove debris from Conch, Tavernier, Key Largo canals = $3.124,529
DSR No. MC-17-005 — Remove debris from Marathon, Matecumbe, Plantation canals = $14,099,680
Total Estimated Construction Cost - $45,821,212
Budget Narrative
A. The estimated costs for the Project:
1. Total Estimated Project Budget: $49,257,802.90
The budget includes:
Financial Assistance (FA) Costs:
Construction Costs (75% NRCS $34,365,909.00 + 25% Sponsor $11,455,303.00): $45.821,212
Technical Assistance (TA) Costs:
100% NRCS (7.5% of total construction cost): $3,436,590.90
2. NRCS pays up to 75 percent of eligible construction costs, and Sponsor pays 25 percent of construction costs. NRCS
will contribute up to 7.5 percent of the total construction cost for design services, contract administration and construction
management costs. It is possible that technical and administrative costs will exceed this amount, requiring the Sponsor
to contribute resources to complete technical and administrative work.
3. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
4. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on -the -ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment and materials.
5. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs
include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurancelinspection plan and an engineer's estimate of the
project installation costs in addition to providing necessary quality assurance during construction.
b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
construction and engineering services, including project management, verifying invoices and record keeping.
6. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
or
writing prior to implementation,
Responsibilities of the Parties:
A. Sponsor will-
1. Accomplish construction of the EWP project measures by contracting, in -kind construction services, or a combination
of both.
2. Ensure and certify by signing this agreement that its cost share obligation is from a non -Federal source.
3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information
with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately
communicated to NRCS.
4. Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer,
listing their duties, responsibilities, and authorities. Fumish such information in writing to the NRCS State
Conservationist.
5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those
that are not applicable to State and local governments.
6. Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in
accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been
obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental
mitigation. Sponsors shall provide such certification on Form NRCS-ADS-78, Assurances Relating to Real Property
Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights
and permits are the Sponsor's responsibility and ineligible for reimbursement.
7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.
8. Provide the agreed -to portion of the actual, eligible and approved construction cost. These costs may be in the form
of cash, in -kind construction services, or a combination of both. Final construction items that are eligible construction
costs will be agreed upon during the pre -design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in -kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs.
9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described in the DSR.
10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.
11. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317
through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis -Bacon Act would not apply under this
Federal program legislation.
12. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect
Interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts.
13. Any costs (construction or technical and administrative services) incurred prior to the Sponsor and NRCS signing this
agreement are ineligible and will not be reimbursed.
14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of
cost and accomplishment.
15. For in -kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre -design conference. In -kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
16. The following documentation is required to support the Sponsor's request for reimbursement of in -kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.
c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
constructing the eligible EWP project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in -kind construction services, even
if on the job site, and should not be included in the equipment operating records.
17. Within thirty (30) calendar days of signing the project agreement, hold a pre -design conference with the Sponsor,
Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the
Sponsor and NRCS. During the pre -design conference, NRCS will determine the eligible construction costs.
18. Within fourteen (14) calendar days of the pre -design conference submit to NRCS a schedule with time lines of major
items to be completed. Milestones shall Include, but not limited to, obtaining land rights, obtaining permits, completing
any necessary surveys, completing draft engineering plans and specifications for NRCS review, completing final
engineering plans and specifications, completing quality assurance plan, solicit bids, award contract, issue notice to
proceed, and complete construction.
19. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design,
construction specifications, and engineering drawings prepared in accordance with standard engineering principles and
design parameters set forth in the pre -design conference.
20. Upon receiving comments from NRCS, prepare the final design, construction specifications, and engineering
drawings in accordance with standard engineering principles that comply with NRCS programmatic principles and design
parameters set forth in the pre -design conference. One set of the final plans and specifications shall be submitted to
NRCS for final review and concurrence prior to solicitation of bids and/or commencement of work. The final construction
plans and specifications shall be signed and sealed by a licensed Professional Engineer registered in the State of Florida
(Not required for debris removal only sites). A copy of the signed and seal plans and specifications shall be provided to
NRCS.
21. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The OAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of constriction.
22. Provide construction inspection in accordance with the QAP.
23. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable (Not required
for debris removal only sites) , prior to commence of work. The O&M Plan shall describe the activities the Sponsor will
do to ensure the project performs as designed. Upon completion of the project measures, the Sponsor shall assume
responsibility for 0&M.
24. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
solicitation for installation of the EWP project measures. All modifications to the plans and specifications shall be
reviewed and concurred on by NRCS.
25. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project.
26. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described In this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
27. Will arrange and pay for any necessary location, removal, or relocation of utilities. END program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost -
share contribution.
28. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Government Representative (GR). Provide NRCS Program/Technical Contact and
GR progress reports every 2 weeks after execution of the agreement. Progress reports should include work
accomplished for the period, technical on -site inspections, work planned, results of material tests, deficient work
products and/or tests with corrective actions taken, modifications anticipated, technical problems encountered,
contractual issues and other relevant information.
29. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department
of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's compliance
with safety requirements.
30. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. Provide a Professional Engineer (PE) certification that the
Project was installed in accordance with approved plans and specifications. For debris removal only sites, certification
does not need to be from a PE.
31. Provide PE -certified as -built drawings and quantities for the project. A copy of the as -built drawings will be
submitted to the NRCS Program/Technical Contact. For debris removal only sites, as -built drawings do not need to be
certified by a PE.
32. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF-270, "Request for
Advance or Reimbursement" to the NRCS Program/Technical Contact with all documentation to support the request,
Payments can be requested as frequently as monthly. Final payment request shall be submitted within 90 calendar days
of completion of the END project measures. Payments will be withheld until all required documentation is submitted and
complete.
a The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
to the contractor showing the items and quantities installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations, rock weight tickets, etc.
b. The required supporting documentation for reimbursement of in -kind construction expenses will include employee time
sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.
c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or
payment to consultants and/or employee time sheets along with the employee's hourly rate, hours worked, and date
work was performed.
33. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
report (SF-425) under this award or final payment is received, whichever is later.
34. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any
litigation matters in which NRCS could have a financial interest.
35. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
36. Retain all records dealing with the award and administration of the contracts) for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3-year period, records are to be retained until the litigation is
resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duty authorized representative and accredited representatives of the Department of
37. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work
within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the
contractor not completing the work within the allowable performance period, These costs include but are not limited to
personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract
performance time Is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
38. Take necessary legal action„ including bringing suit, to collect from the contractor any monies due in connection with
the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.
39. Submit requests for a time extension to the agreement (if necessary) in writing no less than forty-five (45) days prior
to the expiration date of the agreement. Submit the written, signed request to the NRCS Program/Technical Contact.
B. NRCS will-
1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre -design
conference.
2. Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact
information with this executed agreement.
3. Review, comment and concur in preliminary and final plans, specifications. O&M Plan, Plan of Operations (if required)
and QAP.
4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibilities.
5. Upon notification of the completion of the EWP project measures. NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.
6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF 270 and
supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In
the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a
timely manner to resolve concerns,
SPECIAL PROVISIONS
A. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection
Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make
commitments in excess of funds authorized by law or made administratively available. Congress may impose
obligational limits on program funding that constrains NRCS's ability to provide such assistance.
B. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as
construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the
Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement.
C Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a
result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction
funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior concurrence of NRCS.
D. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for
constructing the EWP measures. Such adjustments may increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site
conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment will be made to
change the cost sharing assistance provided by NRCS as set forth, in this agreement, nor reduce funds below the
amount required to carry out NRCS' share of the contract.
E Except for item D. above, this document may be revised as mutually agreed through a written amendment duly
e5RUWe&1Sy au ior¢e o cis s"'otl�'ati signs ory"" padies o pis agreemen
F. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as set out in this agreement.
G. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the
agreement will be de -obligated from the agreement.
H. If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the general
terms and conditions, the language in the SOW takes precedence.
Expected Accomplishments and Deliverables
The following accomplishments and deliverable will be provided to NRCS.
1.One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer (if
applicable), including engineer's cost estimate, and approved Plan of Operations (if applicable).
2. Signed NRCS ADS-78 supported by an attorney's opinion"
3.One copy of the quality assurance plan.
4.One copy of the operation and maintenance plan (if applicable).
5. One copy of the notice of solicitation, bid abstract, and notice of award.
6. Certification that the project was installed in accordance with the plans and specifications.
7. As -built drawings of final construction signed by a licensed professional engineer within 30 days of completion of
construction.
8. Quantities of the units of work applied for each site within 45 days of completion of construction"
Resources Required
No resources other than funding.
Milestones
Milestones shall include, but not limited to, the following items',
1. Pre -design conference within 30 days of signing agreement.
2. Submit to NRCS a schedule with time lines of major items to be completed within 14 days of the pre -design
conference.
3. Acquire needed real property rights and permits (signed NRCS-ADS-78 supported by an attorney's opinion) prior to
start of construction.
4. Obtain permits.
5. Complete any necessary surveys.
6. Complete draft engineering plans and specifications for NRCS review.
7. Complete final engineering plans and specifications.
8. Complete quality assurance plan and operation and maintenance plan (if applicable).
9. Solicit bids.
10. Award contract.
11. Manage construction contract and provide quality assurance as described in the OAP.
12" Provide final inspection.
13. Complete as -built drawings.
14. Submit final payment.
GENERAL TERMS AND CONDITIONS
Please reference the below fink(s) for the General Terms and Conditions pertaining to this award:
NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE
GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS
1. APPLICABLE REGULATIONS
a. The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as
applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/rdsysibrowsw
collectionCfr.action?collectionCode=CFR and http://www.ecfr.gov/.
(1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170. "Reporting Subaward
and Executive Compensation Information" (3) 2 CFR Part 180„ "OMB Guidelines To Agencies On Govemmentwide
Debarment And ,Suspension (Nonprocurement)" (4) 2 CFR Part 182. "Govemmentwide Requirements for Drug -Free
Workplace (Financial Assistance)" (5) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, And Audit
Requirements for Federal Awards"
b. The recipient, and recipients of any subawards under this award, assure and certify that they have and/or will comply
with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at
https://www.gpo.govlfdsyslbrowselcollecOonCfr.action?collectionCode=CFR and http.//www.ecfr.gov/.
(1) 2 CFR Part 175, "Award Term for Trafficking in Persons" (2) 2 CFR Part 417, "Nonprocurement Debarment and
Suspension" (3) 2 CFR Part 418, "New Restrictions on Lobbying" (4) 2 CFR Part 421, "Requirements for Drug -Free
Workplace (Financial Assistance)"
c. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to
the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the
Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations
references may be found at https://www,gpo.gov/fdsys/browse/collecdonCfr.action?colkw.donCode=CFR and ht1p:11www.
ecfr.gov/.
(1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal
Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures"
II. UNALLOWABLE COSTS
The following costs are not allowed
a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including any no -
cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d.
Compensation for injuries to persons or damage to property arising from project activities
This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR
Part 200. "Subpart E — Cost Principles", or direct specific inquiries to the NRCS administrative contact identified in the
award.
Ill. CONFIDENTIALITY
a. Activities performed under this award may involve access to confidential and potentially sensitive information about
governmental and landowner issues. The tern "confidential information" means proprietary information or data of a
personal nature about an individual, or information or data submitted by or pertaining to an organization. This information
must not be disclosed without the prior written consent of NRCS.
b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974. 5 U.S..
C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject
to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural
resources conservation programs in accordance with section 1244 of Title 11 of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171),
c The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information
protected under Section 1619 of the Food„ Conservation, and Energy Act of 2008 (PL 110-246). U.S,C 8791.
d. The recipient agrees to comply with the"Prohibition Against Certain Internal Confidentiality Agreements.-
1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information. 2, You must notify your employees, contractors, or
subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph
(1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not
contravene requirements applicable to any other form issued by a Federal department or agency governing the
nondisclosure of classified information, 4. If NRCS determines that you are not in compliance with this award provision,
NRC& a, Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the
Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law, b. May pursue other
remedies available for your material failure to comply with award terms and conditions.
IV. PRIOR APPROVAL REQUIREMENTS
The following are the most common situations requiring prior approval, However, the recipient is also bound by any other
prior approval requirements of the applicable administrative provisions and Federal cost principles,
a. Purpose or Deliverables. —When it is necessary for the recipient to modify the purpose or deliverables, the recipient
must submit a written request and justification for the change along with the revised purpose or deliverables of the award
to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2„
Narrative explaining the requested modification to the project purpose or deliverables 3. A description of the revised
purpose or deliverables 4. Signatures of the authorized representative, project director, or both
b. Subaward/contractual Arrangement, —The recipient must submit a justification for the proposed subaward/contractual
arrangements, a statement of work to be performed, and a detailed budget for the subaward/contract to the NRCS
administrative contact. Subaward/contractual arrangements disclosed in the application do not require additional
postaward approval.
c. Absence or Change in Project Leadership. —When a project director or the person responsible for the direction or
management of the project-
1. Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction
In time devoted to the project, the grantee must notify the NRCS administrative contact in writing, identifying who will be
In charge during the project director's absence. The notification must include the qualifications and the signature of the
replacement, signifying his or her willingness to serve on the project.
2. Severs his or her affiliation with the grantee, the grantee's options include— i Replacing the project director. The
grantee must request written approval of the replacement from the NRCS administrative contact and must include the
qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii.
Subcontracting to the former project director's new organization. The grantee must request approval from the
administrative contact to replace the project manager and retain the award, and to subcontract to the former project
director's new organization certain portions of the project to be completed by the former project director. III. Relinquishing
the award. The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project
director that indicates that the grantee is relinquishing the award. The letter must include the date the project director is
leaving and a summary of progress to date. A final Standard Form (SF) 425 reflecting the total amount of funds spent by
the recipient must be attached to the letter.
3. Transfers the award to his or her new organization, the authorized organization' representative at the new
organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the
amount of funds to be transferred is known: i. The forms and certifications included in the application package ii. A
project summary and work statement covering the work to be completed under the project (deliverables and objectives
must be the same as those outlined in the approved proposal) Ill. An updated qualifications statement for the project
director showing his or her new organizational affiliation iv. Any cost -sharing requirements under the original award
transfer to the new institution; therefore, cost -sharing information must be included in the proposal from the new
organization
Note: The transfer of an award from one organization to another can take up to 90 calendar days to accomplish, which
may result in a delay in the project director resuming the project at the new organization.
d. Budget Revisions. —Budget revisions will be in accordance with 2 CFR Part 200.308.
e. No -Cost Extensions of Time. When a no -cost extension of time is required, the recipient must submit a written
request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award The
request must contain the following: The length of additional time required to complete the project and a justification for
the extension A summary of progress to date An estimate of funds expected to remain unobligated on the scheduled
expiration date A projected timetable to complete the portions of the project for which the extension is being requested
Signature of the grantee and the project director A status of cost sharing to date (if applicable)
Note: An extension will not exceed! 12 months. Requests for no -cost extensions received after the expiration of the
award will not be granted. V. PAYMENTS
a. Payment by NRCS to the entity will be made monthly or quarterly (whichever is mutually agreed upon by both parties)
on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the
submission of a properly executed form SF-270 with supporting documentation. The SF 270 must cite the agreement
number, remittance address, and billing period. The SF-270 must be sent to the NRCS administrative contact at the
email address identified in block 8 of the Notice of Grant/Agreement Award.
b. Unless otherwise specified in the award, the recipient must receive payments through electronic funds transfers.
c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant
to procedures contained in the Federal administrative provisions and 31 CFR Part 205.
d. The method of payment between the recipient and its contractors will be in accordance with the policies and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
Management/National Finance Center method to request payments. If the grantee makes advance payments to
contractors, the grantee must ensure that the timing of such payments is designed to minimize elapsed time between the
advance payment and the disbursement of funds. Payment requests from the grantee's contractors will not be sent to
NRCS for review or approval.
e. Accounting records for all costs incurred under this award must be supported by source documentation. Such
documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents.
Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this
award. All project costs must be incurred within the approved project period of this award, including any approved no -
cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the
approved project period and budget may be disallowed and may result in award funds being returned to the Federal
Govemment by the recipient.
VI. ACCRUALS
a. Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to
the end of the quarter (submit by March 15, June 15, September 15 and December 15th). b. An accrual represents the
value of goods or services provided to NRCS for which you have not requested payment. The quality and completeness
of NRCS audited financial statements depends on your continuing cooperation and timely information. c. At a minimum,
the signed accrual statement should include, "Under agreement number , at the close of the quarter ending
we have provided or anticipate providing goods or services that we have not requested payment for in the amount of
$ " Include the name and title of the person preparing the accrual estimate.
ONIa4fZJ T.LdTL��10I31PLo'
a. Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following
schedule:
Quarterly Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to
June 30 July 31 July 1 to September 30 October 31
Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above
schedule may result in suspension or termination of award.
b. A final Report must be submitted no later than 90 calendar days after the completion of the award. For final FFRs,
reporting end date must be the end date of the project or agreement period. The reports should be submitted to the
NRCS administrative contact identified in award notifications.
Vill. PERFORMANCE MONITORING AND REPORTING
a. The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves
subaward arrangements, the recipient is also responsible for monitoring the performance of project activities under those
arrangements to ensure that approved goals and schedules are met.
b. Every 6 months the recipient must submit a written progress reporL Each report must cover-1. A comparison of
actual accomplishments with the goals and objectives established for the reporting period and, where project output can
be quantified, a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met, if appropriate.
3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit
cost.
c. The recipient must submit a final performance report within 90 calendar days after completion of project
IX. AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A non -
Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a
single or program -specific audit conducted for that year.
X. SPECIAL PROVISIONS
a. The recipient assures and certifies that it will comply with the minimum -wage and maximum- hour provisions of the
Federal Fair Labor Standards Act.
b. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States. To
this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as
representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in efforts regarding such parties until
approved by the agency.
c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement.
XI. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER
a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This
regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention
developed with USDA support.
b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2
months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention
disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to:
Acquisitions Division Grants and Agreements Services Branch 1400 Independence Avenue, SW. Room 6823 South
Building Washington, DC 20250
c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license
others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States
must manufacture it domestically.
d. The following acknowledgment of NRCS support must appear in the publication of any material, whether copyrighted
or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially
based upon or developed under this award:
- °This material is based! upon work supported by the Natural Resources Conservation Service, U.S. Department of
Agriculture, under number [recipient should enter the applicable award number here}."
In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must
Include the following statement:
- "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and
do not necessarily reflect the views of the U.S. Department of Agriculture.°
e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination
statement available from the Public Affairs Division, Civil Rights Division, or on the USDA and NRCS home pages. If the
material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum,
include the statement-
-"USDA is an equal opportunity provider and employer." Any publication prepared with funding from this agreement
must include acknowledgement to USDA, Natural Resources Conservation Service."
The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews,
including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded by
this award.
XII. COST -SHARING REQUIREMENTS
a. If the award has specific cost -sharing requirements, the cost -sharing participation in other projects may not be
counted toward meeting the specific cost -share requirement of this award, and must come from non -Federal sources
unless otherwise stated in the applicable program announcement.
b. Should the recipient become aware that it may be unable to provide the cost -sharing amount identified in this award, it
must-1. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to
secure replacement cost sharing 3. Indicate the plans to either continue or phase out the project in the absence of cost
sharing.
c. If NRCS agrees to the organization's proposed plans, the recipient will be notified accordingly. If the organization's
plans are not acceptable to NRCS, the award may be subject to termination. NRCS modifications to proposed cost
sharing revisions are made on a case -by -case basis.
d. Failure by the recipient to notify NRCS in accordance with paragraph (b) above may result in the disallowance of
some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided
under the award, and possible termination of the award, and may constitute a violation of the temps and conditions of the
award so serious as to provide grounds for subsequent suspension or debarment.
e. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well
records of costs to be paid by NRCS. If the recipient's cost participation includes in -kind contributions, the basis for
determining the valuation for volunteer services and donated property must be documented.
XIII. PROGRAM INCOME
Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own
policies. General program income earned under this award during the period of NRCS support must be added to total
project funds and used to further the purpose and scope of this award or the legislation under which this award is made.
XIV. NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to
purchase only American -made equipment and products. Title to nonexpendable equipment purchased with award funds
will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports. When
equipment is no longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may
retain, sell, or dispose of the equipment with no further obligation to NRCS. However, if the per -unit fair market value is
$5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition
instructions.
XV. LIMIT OF FEDERAL LIABILITY
The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by
NRCS. However, in the event that an erroneous amount Is stated on the approved budget, or any supporting document
relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment
In the NRCS share of the award to align with the Federal amount authorized.
XVI. MODIFICATIONS AND TERMINATIONS
NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the
recipient and NRCS. The award is subject to termination if NRCS determines that the recipient has failed to comply with
the terms and conditions of the award. In the event that the award Is terminated, the financial obligations of the parties
will be those set forth in 2 CFR Part 200.339.
XVII. AWARD CLOSEOUT
Award closeout is the process by which NRCS determines that all required project activities have been performed
satisfactorily and all necessary administrative actions have been completed,.
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
X Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
2
Move dewatering system, hydr dredge, and pipeline between
LS
locations
1
$ 128,130
3
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
4
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
5
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
6
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
7
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
8
Constrcution of TMDA Area
LS
1
$ 42,630
9
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
10
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
11
Mechancial Dredge Mob and Demob
1LS
11
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
X Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
X Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
X Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall checkthe DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
X Check Box DSR#5A Islamorada
Check Box DSR#5B Marathon
Contractor Name and Address: S-enson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a mounted
$ 9,540
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canalto canal
4
Large Deck barge minimum of 60feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ $ '7'70
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
1-100 Units
723
Each
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
to TDMA
Price per Linear Foot
over 10,000 LF
450
12
Seaweed removal hurricane related seaweed accumulation on the
1-10,000 CY
_
surface and bottom of the canals as directed by County and transported
Cubic Yard
over 10,000 CY
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas shall
$ 160,200.00
1
be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ _
Z
management shall include the equipment and personnel for
Day
-
aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment / sand that was
1-10,000 CY
77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt / sediment / sand that was deposited as a result of
1-10,000 CY
103.00
103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
Specify type of dredging ro osed: MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the FDEP
Day
-
DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1 - 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1 - 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ $$
3
C&D
Cubic Yard
1 - 50 miles
32
51- 100 miles
69
101-150 Miles
$ $$
4
Silt/Sediment/ Sand No Arsenic or Other Exceedances
Cubic Yard
1-50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Silt/ Sediment / Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100 Miles
$ 101
101-150 Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1 - 50 miles
$ 32
1 51- 100 miles
69
101-150 Miles
$ $$
S. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transportto TDMA
Price per Linear Foot
1-19feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 5$9
over 40feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Operations
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tippingfees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impactingthe benthic
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently reviewthe details
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
$ 30,780
Exhibit B - Rate Schedule
Project: Monroe County Marine Debris Removal and Related Services
Location Contractor shall check the DSR areas the proposal is presented for:
Check Box DSR#1 Big Coppitt, Geiger, Saddlebunch, and Sugarloaf Keys
Check Box DSR#2 Cudjoe, Summerland, Ramrod, and Little Torch Keys
Check Box DSR#3 Big Pine Key
Check Box DSR#4 Conch, Tavernier, and Key Largo
Check Box DSR#5A Islamorada
X Check Box DSR#5B Marathon
Contractor Name and Address: Sevenson Environmental Services
Date: May 30, 2018
1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Mobilization and Demobilization(intermeditate moves between project areas shall
$ 246,833
be inclusive within the marine debris removal rates)
Lump Sum
-
2
Small Deck barge capable of holding 5,000 Ibs and work/push boat suitable for
$ 3,730
easy travel from canal to canal
Day
-
3
Medium Deck barge minimum of 40 feet long and work/push boat with a
$ 9,540
mounted knuckle boom crane or secured heavy equipment suitable for easy travel
Day
from canal to canal
4
Large Deck barge minimum of 60 feet long and work/push boat with mounted
$ 14,680
knuckle boom crane or secured heavy equipment suitable for easy travel from
Day
-
canal to canal
5
Side scan sonar boat trailer able boat equipped with side scan sonar capable of
$ 8,770
surveying canals throughout the County
Day
-
6
Self loading dump truck with knuckle boom crane
Day
-
$ 3,360
7
Commercial dive team OSHA compliant dive team (as needed)
Day
-
$ 10,150
8
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
9
Marine debris removal from canals and/or nearshore transported to approved
1-10,000 CY
166
TDMA (not seaweed or sand/sediment)
Vegetation Cubic Yard
over 10,000 CY
S 166
C&D Cubic Yard
1-10,000 CY
171
over 10,000 CY
171
10
Hazardous material removal and transport to approved TDMA
Each
1-100 Units
723
Above 100 Units
723
11
Mangrove Trimming along canals as directed by County and transported
1-10,000 LF
450
Price per Linear Foot
over 10,000 LF
450
to TDMA
12
Seaweed removal hurricane related seaweed accumulation on the
Cubic Yard
1-10,000 CY
_
over 10,000 CY
surface and bottom of the canals as directed by County and transported
Exhibit B - Rate Schedule
2. CANAL SEDIMENT, SILT AND SAND REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
Mobilization and Demobilization (intermeditate moves between project areas
$ 160,200.00
1
shall be inclusive within the dredging and dewatering rates)
Lump Sum
-
Staging area set up, management and complete restoration. The set up and
$ -
Z
management shall include the equipment and personnel for
Day
-
se aration and reduction of sand sediment.
Floating Turbidity Barriers to be installed and relocated as needed at mouth of
$ 138.00
3
canals to prevent impacts to nearshore waters
Price per Linear Foot
1-100 LF
Hydraulic removal and dewatering of accumulated silt/sediment/ sand that was
1- 10,000 CY
$ 77.00
$ 77.00
4
deposited as a result of hurricane. Transport to TDMA as directed by County.
Cubic Yard
County to provide permit.
over 10,000 CY
Non Hydraulic Removal of silt/ sediment / sand that was deposited as a result of
1- 10,000 CY
$ 103.00
$ 103.00
5
hurricane. Transport to TDMA or other storage or reuse area as directed by
Cubic Yard
County. County to provide permit. Sand shall not be retained or reused by vendor.
over 10,000 CY
,Specify type ofdredging ro osed:MECHANICAL
3. OPERATION AND MANAGEMENT OF TDMA
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
TDMA set up, management and complete restoration of 1 TDMA site to FDEP best
$ 16,590
management practices. The set up and management shall include the equipment
1
and personnel for separation and reduction of marine debris according to the
Day
-
FDEP DDMS Guidelines.
Exhibit B - Rate Schedule
4. TRANSPORTATION FROM TDMATO FINAL APPROVED DISPOSAL LOCATION(S)
ITEM NO.
DESCRIPTION
UNIT
MEASURE OF
DISTANCE
RATE
1
White Goods and Appliances
Each
1- 50 miles
23
51- 100 miles
42
101-150 Miles
$ 53
2
Vegetation
Cubic Yard
1- 50 miles
$ 32
51- 100 miles
$ 69
101-150 Miles
$ 88
3
C&D
Cubic Yard
1- 50 miles
32
51- 100 miles
69
101-150 Miles
$ 88
4
Silt/Sediment/Sand No Arsenic or Other Exceedances
Cubic Yard
1-50Miles
$ 46
51-100 Miles
$ 101
101-150Miles
$ 128
5
Silt/ Sediment/ Sand with Arsenic or other Exceedances and transport to Class 1
Landfill
Cubic Yard
1- 50 Miles
$ 46
51-100Miles
$ 101
101-150Miles
$ 128
5
Seaweed and Seagrass
Cubic Yard
1- 50 miles
$ 32
51- 100 miles
69
101-150 Miles
$ 88
5. DERELICT VESSEL REMOVAL
ITEM NO.
DESCRIPTION
UNIT
QUANTITY TIER
RATE
1
Vessel Removal from waterway and transport to TDMA
Price per Linear Foot
1-19 feet
$ 346
20-29 feet
$ 397
30-39 feet
$ 589
over 40 feet
$ 731
CONTRACTOR'S SIGNATURE:
Printed Name: Michael D. Crystal, Vice President of Olperatione
Note:
These quantities are estimates based on limited data obtained through aerial maps and representative site visits.
1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipment listed does not represent all items contractor
may need, contractor will be responsible for all other necessary equipment to perform work.
2. All equipment shall operate only upon the written approval of the project manager. No quantities are guaranteed by the County. The County reserves the
right to choose what equipment is required and where to send said equipment. The County reserves the right to award to one or multiple contractor for the whole project and/or each of the five areas.
3. Tipping fees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County.
4. All powervessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impacting the benthic
resources.
5. If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently review the details.
LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET
ITEM NO.
DESCRIPTION
UNIT
QUANTITYTIER
RATE
Dewatering Pad for Mechancial Dredging Operations
SF
20,000 SF or Greater
$ 4
Move dewatering system, hydr dredge, and pipeline between
LS
1
$ 128,130
Mechanical Dredging pad operations at the Shoreline
Day
30 days or greater
$ 9,860
Booster pump package if needed Mob/Demob + 3,000 LF of
LS
1
$ 25,600
Booster pump operations if needed + 3,000 LF of pipeline
Day
30 days or greater
$ 2,190
Sheetpiling entrance of 1 Canal in 0 NTUs Cannot be met
LF
100
$ 459
Portland Cement Amending Crew and 32 tons of Portland cement
CY
per day
30 days or greater
$ 58
Constrcution of TMDA Area
LS
1
$ 42,630
Exhibit B - Rate Schedule
Dewatering Pad for Hydraulic Dredging Operations
SF
50,000 SF or Greater
$ 6
Sevenson Supervision of Operations (PM, Super, Foreman, Project
Day
Engineer, QA/QC, office, hotel, flights, etc.
30 days or greater
$ 15,901
Mechancial Dredge Mob and Demob
LS
1
1 $ 30,780
USDA
NRCS-ADS-093
U.S. Department of Agriculture
Natural Resources
Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
1. Award Identifying Number
2. Amendment Number
3. Award /Project Period
4. Type of award instrument:
NR184209XXXXCO27
220 Calendar Days From
NRCS Signature
Cooperative Agreement
5. Agency (Name and Address)
6. Recipient Organization (Name and Address)
Natural Resources Conservation Service
COUNTY OF MONROE
P. O. Box 141510
1100 SIMONTON STREET
Gainesville, FL 32614-1610
KEY WEST FL 33040-3110
DUNS:073876757
EIN:
. N C rogram ontact
T NWMAdrninistrative
9. Recip ent Program
10. Recipient Administrative
Contact
Contact
Contact
Name: Jason Strenth
Name: MOIRA SANFORD
Name: Rhonda Haag
Name: Rhonda Haag
Phone: (352) 338-9559
Phone: (614) 255-2495
Phone: 305-453-8774
Phone: 305-453-8774
Email: jason.strenth@fl.usda.
Email: MOIRA.
Email: haag-
Email: haag-
gov
SANFORD@OH.USDA.GOV
rhonda@monroecounty-fl.gov
rhonda@monroecounty-fl.gov
11. CFDA
12. Authority
13. Type of Action
14. Program Director
10.923
33 U.S.C. 701b-1
New Agreement
Name: Roman Gastesi
Phone: 305-292-4442
Email: gastesi-
roman@monmecounty-fl.gov
15. Project Title/ Description: Monroe County Hurricane Irma EWP - Debris Removal
6000003865
16. Entity Type: 01 = County government
17. Select Funding Type
Select funding type:
V Federal
Non -Federal
Original funds total
37,802,499.900
11455303.00
Additional funds total
$0.00
$0.00
Grand total
37.802.499.900
11455303.00
8. Approved Budget
$0.00 lFringe Benefits 1 0.00
$0.00 lEquipment j $0.00
$0.00 jContractual 1$0.00
Total Direct Cost 13,802,499.900 (Total Indirect Cost 1' $0.00
Non -Federal Funs 111455303.00
Federal Funds Awarded 137,802,499.900
Approved Budget 149,257,802.900
rrd or amendment and any payments made pursuant thereto, the undersigned represents that he or she Is duly authorized to
on behalf of the awardee organization, agrees that the award Is subject to the applicable provisions of this agreement (and all
ichments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
id by NRCS to have been overpaid, will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative ISggnature 1Dale
RUSSELL MORGAN
State Conservationist
Name and Title of Authorized
Recipient Representative Signature '`. - Date
Roman GaSte51
County Administrator un �'//
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination In all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or a part of an Indivldual's Income Is derived from any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require allemative means for communication of program Information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and Tiro). To file a complaint of discrimination write to
USDA, Director, Office of Civil Rights.1400 Independence Avenue, SW.. Washington, DC 20250.9410 or call (800) 795.3272 (voice) or (202)
720.6382 (TOO). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
MONRO Ty Ty ORNEY
PRO made In accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a)e
w
YNTHIA L. HA'
EY
ASSISTANT COUNTY ATTORN
Date
Paqe 2 of 14
Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the "NRCS", to provide technical and financial assistance to Monroe County,
hereinafter referred to as the "Sponsor", for EWP Project # 5072 (Hurricane Irma) in Monroe County, Florida for
implementation of recovery measures, that, if left undone, pose a risk to life and/or property.
Objectives
The design and installation of EWP measures as detailed in the individual Damage Survey Report (DSR) and described
here:
DSR No. MC-17-001 — Remove debris from Big Coppitt, Geiger, Saddlebunch, Sugarloaf canals = $2,309.353
DSR No. MC-17-002 — Remove debris from Cudjoe, Summerland, Ramrod, Little Torch canals = $3.811.652
DSR No. MC-17-003 — Remove debris from Big Pine Key canals = $22,475,998
DSR No. MC-17-004 — Remove debris from Conch, Tavernier, Key Largo canals = $3.124,529
DSR No. MC-17-005 — Remove debris from Marathon, Matecumbe, Plantation canals = $14,099,680
Total Estimated Construction Cost - $45,821,212
Budget Narrative
A. The estimated costs for the Project:
1. Total Estimated Project Budget: $49,257,802.90
The budget includes:
Financial Assistance (FA) Costs:
Construction Costs (75% NRCS $34,365,909.00 + 25% Sponsor $11,455,303.00): $45.821,212
Technical Assistance (TA) Costs:
100% NRCS (7.5% of total construction cost): $3,436,590.90
2. NRCS pays up to 75 percent of eligible construction costs, and Sponsor pays 25 percent of construction costs. NRCS
will contribute up to 7.5 percent of the total construction cost for design services, contract administration and construction
management costs. It is possible that technical and administrative costs will exceed this amount, requiring the Sponsor
to contribute resources to complete technical and administrative work.
3. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
4. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on -the -ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment and materials.
5. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs
include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurancelinspection plan and an engineer's estimate of the
project installation costs in addition to providing necessary quality assurance during construction.
b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
construction and engineering services, including project management, verifying invoices and record keeping.
6. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
or
writing prior to implementation,
Responsibilities of the Parties:
A. Sponsor will-
1. Accomplish construction of the EWP project measures by contracting, in -kind construction services, or a combination
of both.
2. Ensure and certify by signing this agreement that its cost share obligation is from a non -Federal source.
3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information
with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately
communicated to NRCS.
4. Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer,
listing their duties, responsibilities, and authorities. Fumish such information in writing to the NRCS State
Conservationist.
5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those
that are not applicable to State and local governments.
6. Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in
accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been
obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental
mitigation. Sponsors shall provide such certification on Form NRCS-ADS-78, Assurances Relating to Real Property
Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights
and permits are the Sponsor's responsibility and ineligible for reimbursement.
7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.
8. Provide the agreed -to portion of the actual, eligible and approved construction cost. These costs may be in the form
of cash, in -kind construction services, or a combination of both. Final construction items that are eligible construction
costs will be agreed upon during the pre -design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in -kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs.
9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described in the DSR.
10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.
11. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317
through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis -Bacon Act would not apply under this
Federal program legislation.
12. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect
Interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts.
13. Any costs (construction or technical and administrative services) incurred prior to the Sponsor and NRCS signing this
agreement are ineligible and will not be reimbursed.
14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of
cost and accomplishment.
15. For in -kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre -design conference. In -kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
16. The following documentation is required to support the Sponsor's request for reimbursement of in -kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.
c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
constructing the eligible EWP project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in -kind construction services, even
if on the job site, and should not be included in the equipment operating records.
17. Within thirty (30) calendar days of signing the project agreement, hold a pre -design conference with the Sponsor,
Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the
Sponsor and NRCS. During the pre -design conference, NRCS will determine the eligible construction costs.
18. Within fourteen (14) calendar days of the pre -design conference submit to NRCS a schedule with time lines of major
items to be completed. Milestones shall Include, but not limited to, obtaining land rights, obtaining permits, completing
any necessary surveys, completing draft engineering plans and specifications for NRCS review, completing final
engineering plans and specifications, completing quality assurance plan, solicit bids, award contract, issue notice to
proceed, and complete construction.
19. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design,
construction specifications, and engineering drawings prepared in accordance with standard engineering principles and
design parameters set forth in the pre -design conference.
20. Upon receiving comments from NRCS, prepare the final design, construction specifications, and engineering
drawings in accordance with standard engineering principles that comply with NRCS programmatic principles and design
parameters set forth in the pre -design conference. One set of the final plans and specifications shall be submitted to
NRCS for final review and concurrence prior to solicitation of bids and/or commencement of work. The final construction
plans and specifications shall be signed and sealed by a licensed Professional Engineer registered in the State of Florida
(Not required for debris removal only sites). A copy of the signed and seal plans and specifications shall be provided to
NRCS.
21. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The OAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of constriction.
22. Provide construction inspection in accordance with the QAP.
23. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable (Not required
for debris removal only sites) , prior to commence of work. The O&M Plan shall describe the activities the Sponsor will
do to ensure the project performs as designed. Upon completion of the project measures, the Sponsor shall assume
responsibility for 0&M.
24. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
solicitation for installation of the EWP project measures. All modifications to the plans and specifications shall be
reviewed and concurred on by NRCS.
25. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project.
26. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described In this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
27. Will arrange and pay for any necessary location, removal, or relocation of utilities. END program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost -
share contribution.
28. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Government Representative (GR). Provide NRCS Program/Technical Contact and
GR progress reports every 2 weeks after execution of the agreement. Progress reports should include work
accomplished for the period, technical on -site inspections, work planned, results of material tests, deficient work
products and/or tests with corrective actions taken, modifications anticipated, technical problems encountered,
contractual issues and other relevant information.
29. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department
of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's compliance
with safety requirements.
30. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. Provide a Professional Engineer (PE) certification that the
Project was installed in accordance with approved plans and specifications. For debris removal only sites, certification
does not need to be from a PE.
31. Provide PE -certified as -built drawings and quantities for the project. A copy of the as -built drawings will be
submitted to the NRCS Program/Technical Contact. For debris removal only sites, as -built drawings do not need to be
certified by a PE.
32. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF-270, "Request for
Advance or Reimbursement" to the NRCS Program/Technical Contact with all documentation to support the request,
Payments can be requested as frequently as monthly. Final payment request shall be submitted within 90 calendar days
of completion of the END project measures. Payments will be withheld until all required documentation is submitted and
complete.
a The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
to the contractor showing the items and quantities installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations, rock weight tickets, etc.
b. The required supporting documentation for reimbursement of in -kind construction expenses will include employee time
sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.
c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or
payment to consultants and/or employee time sheets along with the employee's hourly rate, hours worked, and date
work was performed.
33. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
report (SF-425) under this award or final payment is received, whichever is later.
34. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any
litigation matters in which NRCS could have a financial interest.
35. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
36. Retain all records dealing with the award and administration of the contracts) for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3-year period, records are to be retained until the litigation is
resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duty authorized representative and accredited representatives of the Department of
37. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work
within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the
contractor not completing the work within the allowable performance period, These costs include but are not limited to
personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract
performance time Is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
38. Take necessary legal action„ including bringing suit, to collect from the contractor any monies due in connection with
the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.
39. Submit requests for a time extension to the agreement (if necessary) in writing no less than forty-five (45) days prior
to the expiration date of the agreement. Submit the written, signed request to the NRCS Program/Technical Contact.
B. NRCS will-
1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre -design
conference.
2. Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact
information with this executed agreement.
3. Review, comment and concur in preliminary and final plans, specifications. O&M Plan, Plan of Operations (if required)
and QAP.
4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibilities.
5. Upon notification of the completion of the EWP project measures. NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.
6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF 270 and
supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In
the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a
timely manner to resolve concerns,
SPECIAL PROVISIONS
A. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection
Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make
commitments in excess of funds authorized by law or made administratively available. Congress may impose
obligational limits on program funding that constrains NRCS's ability to provide such assistance.
B. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as
construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the
Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement.
C Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a
result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction
funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior concurrence of NRCS.
D. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for
constructing the EWP measures. Such adjustments may increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site
conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment will be made to
change the cost sharing assistance provided by NRCS as set forth, in this agreement, nor reduce funds below the
amount required to carry out NRCS' share of the contract.
E Except for item D. above, this document may be revised as mutually agreed through a written amendment duly
e5RUWe&1Sy au ior¢e o cis s"'otl�'ati signs ory"" padies o pis agreemen
F. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as set out in this agreement.
G. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the
agreement will be de -obligated from the agreement.
H. If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the general
terms and conditions, the language in the SOW takes precedence.
Expected Accomplishments and Deliverables
The following accomplishments and deliverable will be provided to NRCS.
1.One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer (if
applicable), including engineer's cost estimate, and approved Plan of Operations (if applicable).
2. Signed NRCS ADS-78 supported by an attorney's opinion"
3.One copy of the quality assurance plan.
4.One copy of the operation and maintenance plan (if applicable).
5. One copy of the notice of solicitation, bid abstract, and notice of award.
6. Certification that the project was installed in accordance with the plans and specifications.
7. As -built drawings of final construction signed by a licensed professional engineer within 30 days of completion of
construction.
8. Quantities of the units of work applied for each site within 45 days of completion of construction"
Resources Required
No resources other than funding.
Milestones
Milestones shall include, but not limited to, the following items',
1. Pre -design conference within 30 days of signing agreement.
2. Submit to NRCS a schedule with time lines of major items to be completed within 14 days of the pre -design
conference.
3. Acquire needed real property rights and permits (signed NRCS-ADS-78 supported by an attorney's opinion) prior to
start of construction.
4. Obtain permits.
5. Complete any necessary surveys.
6. Complete draft engineering plans and specifications for NRCS review.
7. Complete final engineering plans and specifications.
8. Complete quality assurance plan and operation and maintenance plan (if applicable).
9. Solicit bids.
10. Award contract.
11. Manage construction contract and provide quality assurance as described in the OAP.
12" Provide final inspection.
13. Complete as -built drawings.
14. Submit final payment.
GENERAL TERMS AND CONDITIONS
Please reference the below fink(s) for the General Terms and Conditions pertaining to this award:
NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE
GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS
1. APPLICABLE REGULATIONS
a. The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as
applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/rdsysibrowsw
collectionCfr.action?collectionCode=CFR and http://www.ecfr.gov/.
(1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170. "Reporting Subaward
and Executive Compensation Information" (3) 2 CFR Part 180„ "OMB Guidelines To Agencies On Govemmentwide
Debarment And ,Suspension (Nonprocurement)" (4) 2 CFR Part 182. "Govemmentwide Requirements for Drug -Free
Workplace (Financial Assistance)" (5) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, And Audit
Requirements for Federal Awards"
b. The recipient, and recipients of any subawards under this award, assure and certify that they have and/or will comply
with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at
https://www.gpo.govlfdsyslbrowselcollecOonCfr.action?collectionCode=CFR and http.//www.ecfr.gov/.
(1) 2 CFR Part 175, "Award Term for Trafficking in Persons" (2) 2 CFR Part 417, "Nonprocurement Debarment and
Suspension" (3) 2 CFR Part 418, "New Restrictions on Lobbying" (4) 2 CFR Part 421, "Requirements for Drug -Free
Workplace (Financial Assistance)"
c. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to
the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the
Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations
references may be found at https://www,gpo.gov/fdsys/browse/collecdonCfr.action?colkw.donCode=CFR and ht1p:11www.
ecfr.gov/.
(1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal
Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures"
II. UNALLOWABLE COSTS
The following costs are not allowed
a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including any no -
cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d.
Compensation for injuries to persons or damage to property arising from project activities
This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR
Part 200. "Subpart E — Cost Principles", or direct specific inquiries to the NRCS administrative contact identified in the
award.
Ill. CONFIDENTIALITY
a. Activities performed under this award may involve access to confidential and potentially sensitive information about
governmental and landowner issues. The tern "confidential information" means proprietary information or data of a
personal nature about an individual, or information or data submitted by or pertaining to an organization. This information
must not be disclosed without the prior written consent of NRCS.
b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974. 5 U.S..
C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject
to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural
resources conservation programs in accordance with section 1244 of Title 11 of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171),
c The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information
protected under Section 1619 of the Food„ Conservation, and Energy Act of 2008 (PL 110-246). U.S,C 8791.
d. The recipient agrees to comply with the"Prohibition Against Certain Internal Confidentiality Agreements.-
1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information. 2, You must notify your employees, contractors, or
subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph
(1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not
contravene requirements applicable to any other form issued by a Federal department or agency governing the
nondisclosure of classified information, 4. If NRCS determines that you are not in compliance with this award provision,
NRC& a, Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the
Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law, b. May pursue other
remedies available for your material failure to comply with award terms and conditions.
IV. PRIOR APPROVAL REQUIREMENTS
The following are the most common situations requiring prior approval, However, the recipient is also bound by any other
prior approval requirements of the applicable administrative provisions and Federal cost principles,
a. Purpose or Deliverables. —When it is necessary for the recipient to modify the purpose or deliverables, the recipient
must submit a written request and justification for the change along with the revised purpose or deliverables of the award
to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2„
Narrative explaining the requested modification to the project purpose or deliverables 3. A description of the revised
purpose or deliverables 4. Signatures of the authorized representative, project director, or both
b. Subaward/contractual Arrangement, —The recipient must submit a justification for the proposed subaward/contractual
arrangements, a statement of work to be performed, and a detailed budget for the subaward/contract to the NRCS
administrative contact. Subaward/contractual arrangements disclosed in the application do not require additional
postaward approval.
c. Absence or Change in Project Leadership. —When a project director or the person responsible for the direction or
management of the project-
1. Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction
In time devoted to the project, the grantee must notify the NRCS administrative contact in writing, identifying who will be
In charge during the project director's absence. The notification must include the qualifications and the signature of the
replacement, signifying his or her willingness to serve on the project.
2. Severs his or her affiliation with the grantee, the grantee's options include— i Replacing the project director. The
grantee must request written approval of the replacement from the NRCS administrative contact and must include the
qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii.
Subcontracting to the former project director's new organization. The grantee must request approval from the
administrative contact to replace the project manager and retain the award, and to subcontract to the former project
director's new organization certain portions of the project to be completed by the former project director. III. Relinquishing
the award. The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project
director that indicates that the grantee is relinquishing the award. The letter must include the date the project director is
leaving and a summary of progress to date. A final Standard Form (SF) 425 reflecting the total amount of funds spent by
the recipient must be attached to the letter.
3. Transfers the award to his or her new organization, the authorized organization' representative at the new
organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the
amount of funds to be transferred is known: i. The forms and certifications included in the application package ii. A
project summary and work statement covering the work to be completed under the project (deliverables and objectives
must be the same as those outlined in the approved proposal) Ill. An updated qualifications statement for the project
director showing his or her new organizational affiliation iv. Any cost -sharing requirements under the original award
transfer to the new institution; therefore, cost -sharing information must be included in the proposal from the new
organization
Note: The transfer of an award from one organization to another can take up to 90 calendar days to accomplish, which
may result in a delay in the project director resuming the project at the new organization.
d. Budget Revisions. —Budget revisions will be in accordance with 2 CFR Part 200.308.
e. No -Cost Extensions of Time. When a no -cost extension of time is required, the recipient must submit a written
request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award The
request must contain the following: The length of additional time required to complete the project and a justification for
the extension A summary of progress to date An estimate of funds expected to remain unobligated on the scheduled
expiration date A projected timetable to complete the portions of the project for which the extension is being requested
Signature of the grantee and the project director A status of cost sharing to date (if applicable)
Note: An extension will not exceed! 12 months. Requests for no -cost extensions received after the expiration of the
award will not be granted. V. PAYMENTS
a. Payment by NRCS to the entity will be made monthly or quarterly (whichever is mutually agreed upon by both parties)
on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the
submission of a properly executed form SF-270 with supporting documentation. The SF 270 must cite the agreement
number, remittance address, and billing period. The SF-270 must be sent to the NRCS administrative contact at the
email address identified in block 8 of the Notice of Grant/Agreement Award.
b. Unless otherwise specified in the award, the recipient must receive payments through electronic funds transfers.
c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant
to procedures contained in the Federal administrative provisions and 31 CFR Part 205.
d. The method of payment between the recipient and its contractors will be in accordance with the policies and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
Management/National Finance Center method to request payments. If the grantee makes advance payments to
contractors, the grantee must ensure that the timing of such payments is designed to minimize elapsed time between the
advance payment and the disbursement of funds. Payment requests from the grantee's contractors will not be sent to
NRCS for review or approval.
e. Accounting records for all costs incurred under this award must be supported by source documentation. Such
documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents.
Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this
award. All project costs must be incurred within the approved project period of this award, including any approved no -
cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the
approved project period and budget may be disallowed and may result in award funds being returned to the Federal
Govemment by the recipient.
VI. ACCRUALS
a. Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to
the end of the quarter (submit by March 15, June 15, September 15 and December 15th). b. An accrual represents the
value of goods or services provided to NRCS for which you have not requested payment. The quality and completeness
of NRCS audited financial statements depends on your continuing cooperation and timely information. c. At a minimum,
the signed accrual statement should include, "Under agreement number , at the close of the quarter ending
we have provided or anticipate providing goods or services that we have not requested payment for in the amount of
$ " Include the name and title of the person preparing the accrual estimate.
ONIa4fZJ T.LdTL��10I31PLo'
a. Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following
schedule:
Quarterly Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to
June 30 July 31 July 1 to September 30 October 31
Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above
schedule may result in suspension or termination of award.
b. A final Report must be submitted no later than 90 calendar days after the completion of the award. For final FFRs,
reporting end date must be the end date of the project or agreement period. The reports should be submitted to the
NRCS administrative contact identified in award notifications.
Vill. PERFORMANCE MONITORING AND REPORTING
a. The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves
subaward arrangements, the recipient is also responsible for monitoring the performance of project activities under those
arrangements to ensure that approved goals and schedules are met.
b. Every 6 months the recipient must submit a written progress reporL Each report must cover-1. A comparison of
actual accomplishments with the goals and objectives established for the reporting period and, where project output can
be quantified, a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met, if appropriate.
3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit
cost.
c. The recipient must submit a final performance report within 90 calendar days after completion of project
IX. AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A non -
Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a
single or program -specific audit conducted for that year.
X. SPECIAL PROVISIONS
a. The recipient assures and certifies that it will comply with the minimum -wage and maximum- hour provisions of the
Federal Fair Labor Standards Act.
b. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States. To
this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as
representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in efforts regarding such parties until
approved by the agency.
c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement.
XI. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER
a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This
regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention
developed with USDA support.
b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2
months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention
disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to:
Acquisitions Division Grants and Agreements Services Branch 1400 Independence Avenue, SW. Room 6823 South
Building Washington, DC 20250
c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license
others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States
must manufacture it domestically.
d. The following acknowledgment of NRCS support must appear in the publication of any material, whether copyrighted
or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially
based upon or developed under this award:
- °This material is based! upon work supported by the Natural Resources Conservation Service, U.S. Department of
Agriculture, under number [recipient should enter the applicable award number here}."
In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must
Include the following statement:
- "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and
do not necessarily reflect the views of the U.S. Department of Agriculture.°
e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination
statement available from the Public Affairs Division, Civil Rights Division, or on the USDA and NRCS home pages. If the
material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum,
include the statement-
-"USDA is an equal opportunity provider and employer." Any publication prepared with funding from this agreement
must include acknowledgement to USDA, Natural Resources Conservation Service."
The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews,
including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded by
this award.
XII. COST -SHARING REQUIREMENTS
a. If the award has specific cost -sharing requirements, the cost -sharing participation in other projects may not be
counted toward meeting the specific cost -share requirement of this award, and must come from non -Federal sources
unless otherwise stated in the applicable program announcement.
b. Should the recipient become aware that it may be unable to provide the cost -sharing amount identified in this award, it
must-1. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to
secure replacement cost sharing 3. Indicate the plans to either continue or phase out the project in the absence of cost
sharing.
c. If NRCS agrees to the organization's proposed plans, the recipient will be notified accordingly. If the organization's
plans are not acceptable to NRCS, the award may be subject to termination. NRCS modifications to proposed cost
sharing revisions are made on a case -by -case basis.
d. Failure by the recipient to notify NRCS in accordance with paragraph (b) above may result in the disallowance of
some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided
under the award, and possible termination of the award, and may constitute a violation of the temps and conditions of the
award so serious as to provide grounds for subsequent suspension or debarment.
e. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well
records of costs to be paid by NRCS. If the recipient's cost participation includes in -kind contributions, the basis for
determining the valuation for volunteer services and donated property must be documented.
XIII. PROGRAM INCOME
Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own
policies. General program income earned under this award during the period of NRCS support must be added to total
project funds and used to further the purpose and scope of this award or the legislation under which this award is made.
XIV. NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to
purchase only American -made equipment and products. Title to nonexpendable equipment purchased with award funds
will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports. When
equipment is no longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may
retain, sell, or dispose of the equipment with no further obligation to NRCS. However, if the per -unit fair market value is
$5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition
instructions.
XV. LIMIT OF FEDERAL LIABILITY
The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by
NRCS. However, in the event that an erroneous amount Is stated on the approved budget, or any supporting document
relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment
In the NRCS share of the award to align with the Federal amount authorized.
XVI. MODIFICATIONS AND TERMINATIONS
NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the
recipient and NRCS. The award is subject to termination if NRCS determines that the recipient has failed to comply with
the terms and conditions of the award. In the event that the award Is terminated, the financial obligations of the parties
will be those set forth in 2 CFR Part 200.339.
XVII. AWARD CLOSEOUT
Award closeout is the process by which NRCS determines that all required project activities have been performed
satisfactorily and all necessary administrative actions have been completed,.