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09/19/2018 Agreement GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: March 14, 2019 TO: Rhonda Haag, Director Sustainability& Projects Lindsey Ballard, Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: September 19, 2018 BOCC Meeting Attached is an electronic copy of Item D3, Contract with the #2 ranked vendor,Arbor Tree and Land Inc., in an amount of up to five million dollars ($5,000,000.00), 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, for vour handling. If you do need to use this vendor,please be sure to obtain the required bond. Should you have any questions,please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 • AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ARBOR TREE AND LAND,INC. FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICANE IRMA This Agreement ("Agreement") made and entered into this 19th day of September, 2018 by and between Monroe County, a political subdivision of the State of Florida, 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 Arbor Tree and Land, Inc. a corporation of the State of Florida, whose address 7153 Southern Blvd., Bay A5, West Palm Beach, Florida 33413, its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, the canals in Monroe County have been negatively impacted by the landfall of Hurricane Irma 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 NR184209XXXXCO27, which includes $11,455,303.00 in local cost share from Monroe. County, Islamorada and Marathon; and WHEREAS, the COUNTY issued a solicitation for Marine Debris removal work to which the CONTRACTOR responded and was the number two ranked vendor; and WHEREAS, COUNTY 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: 1 FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The effective date of this AGREEMENT shall be September 19, 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 the 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 parties. 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; 1.1.3 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.4 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; 1.1.5 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to his performance and those directly under 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 services 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 • 2 CONTRACTOR or any of his/her employees, sub-contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.8 This Agreement shall consist of this document, including any exhibits or attachments to 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 commence 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 terms and conditions set forth in the USDA NRCS Notice of Grant and Agreement Award for Grant#NR184209XXXXCO27, a copy of which is attached hereto as Attachment E and its terms incorporated 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 3 1111 12th 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. William Hodges Arbor Tree and Land, Inc. 7153 Southern Blvd., Bay A5 West Palm Beach, FL 33413 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 Services. 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 4.2 The COUNTY shall designate a representative to act on 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 avoid unreasonable delay in the orderly and sequential progress 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- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish 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 of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 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, court 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 indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall 5 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 5.1 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 FUNCTION William D.Hodges* President Zachariah D.Hodges* Secretary,Controller Frank Fernandez Operations Manager Clinton S.Hodges Contract Specialist/Project Manager/Quality Control Specialist/Environmental Officer/Safety Officer William Gonzalez General Contracting Services Supervisor Tony Ornelas Disaster Recovery and Arborist Services Supervisor Greg Santangelo Debris Management and Recycling Supervisor Kyle Taylor OSHA Certified Dive Team lead 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 Contract Sum is not to exceed Five Million Dollars ($5,000,000.00) unless amended by formal approval of the Monroe County BOCC. Monroe County does not guarantee any minimum quantities in this contract. Future Task Orders up to the Contract Sum may be executed between the parties for work that may be requested by the County. Monroe County 6 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 COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in the Pricing Schedule in Attachment B. The cumulative sum of active monthly Task Orders issued by the County at no time shall exceed the bond limits of the CONTRACTOR. 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 forth 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 NRCS 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 payment due under this Agreement, the CONTRACTOR shall submit proper invoices to COUNTY requesting payment for 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 FEMA requirements. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. (D) CONTRACTOR acknowledges that invoices for work performed in the municipalities of Islamorada and Marathon are subject to the COUNTY'S receipt of payment from the municipalities to the COUNTY before 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 7 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 days 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 (.PDF) 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 items, other than those enumerated in the Agreement. 7.4 BUDGET 7.4.1 The CONTRACTOR is not entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 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 NRCS and receipt of funds by NRCS. 8 ARTICLE VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The 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 employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million 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 omission 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 Damage 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 for 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 occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a"claims 9 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. I. 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. J. 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 COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 10 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 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 terminate 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. 11 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 crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally 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 under 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 termination 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 16th 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. 12 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of 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 13 • 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. 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 112.311, 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 information. 9.19 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit 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. 14 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 perform the service. b. 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 term and following completion of the contract if the contractor does not transfer the records to the public agency. 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, FLORIDA 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, bradley-brian@ronroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12t1i 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 contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.23 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 member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.25 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 NRCS, the Federal Government, and any other duly authorized agencies of the Federal Government 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 five (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 such appeal is unsuccessful, the Contractor shall agree that the amounts 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 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 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 affirmative 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 for 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 for 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 formal 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 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 11246 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, terminated or suspended in whole or in part and the contractor may be declared ineligible for 18 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 11246 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 II 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.S.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 requirements 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. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 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 under 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 Firms 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. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 19 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 Comp., 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 $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. I. Procurement of recovered materials as set forth in 2 CFR § 200.322. J. NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216,Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127. • Codified rules for administration of the EWP 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 under 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 DBE's 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 COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis 20 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 term 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 Contractor acknowledges that 31 U.S.C. Chapter 38 CAdminisfrative Remedies for False Claims and Statements) applies to the Contractor's_actions pertaining to this,contract. N Y • -I-REMAINDER OP THE PAGE PURPOSELY LEFT BLANKI • - a Y .. 0 21 INWI�`T�1ESS WHEREOF, each party has caused this Agreement to be executed by its duly f' authorized-repD eesentative on the day and year indicated. ir(� .y, r›� \ 6 , SEA+ ':)'p. s BOARD OF COUNTY t COMMISSIONERS \Attest Kevin'Madok, Clerk OF MONROE COUNTY,FLORIDA ByTT-11-1-"4"4- /1"1"'w(4---i By: /°---)15 "..'5‘ Deputy Clerk Mayor/Chairman J 19 Zo15? 0 ' Date: c- `c ` m M OBE CE U A ORNEY I* ' c�rr, RM nt �' RBOR TREE AND LAND ICI ;- o PEDRO .MERCADO :...J a rn e 13 / _" - o B B \ - 1 1 cn ITNESS U% 4frPrint name: Zµ !^. ki„�Ls Print name and title: W Oc•1 ci le - cp..By. ITNESS r . SA",‘ Print name: wi�a n AOc cS STATE OF flov L- COUNTY OF Pehl\ laRSAS " +h 1- On this 3O day of usT 2018, 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. ik, IP` 3 ; i".P. , JAMIE HIPPEN ',,' MY COMMISSION#G0018161 Notary 'r. ...-� • J a 1`e- (� • VI`cpAil ,,r:,,;,,` EXPIRES August 03,2020 Print Name V� `K My commission expires: D8`b3`2Qa O ,. Seal 22 ATTACHMENT 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 below will be referred to as "the Project" 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 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 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 Sugarloaf Keys DSR#2 Cudjoe, Summerland, 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 NRCS 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 from the County's TDMA sites to final disposal sites; and 5) Derelict vessel recovery. 23 CATEGORY 1. REMOVAL OF MARINE DEBRIS FROM CANALS AND NEARSHORE WATERS AND TRANSPORT TO TDMAS CONTRACTOR will be responsible for the removal of marine debris from canals and nearshore waters (within 'h mile 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 (TDMAs), including oversight of operations for the project. The definition of marine debris includes but is not limited to: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e-waste, docks, non-marine vehicles, motorhomes, seawalls, and houses or portions of houses, • Organic material, sand or silt 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 effort should be made 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 documentation 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 documenting the orientation, location, and description of features. 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 camera operator with proper volume, 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 NRCS, 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 NRCS APPROVES SUCH WORK, THE COUNTY AT ITS 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 hurricane-related work in unincorporated Monroe County, Islamorada 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 NRCS 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 for 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 restore the conditions of the canals prior to the Hurricane. The United States Army Corps of Engineers (USACE) and Florida Keys National Marine Sanctuary (FKNMS) do require a permit authorization for the organic silt, sediment and sand removal activities prior to commencement. 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 permitted 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 for 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 Contractor. 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 sediment, 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 1 disposal facility. CATEGORY 3: OPERATION AND MANAGEMENT OF TDMAs, INLUDING SORTING AND REDUCTION OF DEBRIS. The 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 TDMA 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 debris 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 Contractor 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, the 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 • Debris will be sorted into clean vegetative, C&D, seaweed/seagrass, sediment, white goods and household hazardous waste. Vehicles and vessels shall be stored separately on site. • 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 flag persons signs or other devices necessary to ensure safe debris removal operations • Provide daily reports on all debris recovery operations to include all equipment 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 debris, white goods, vegetation, C&D and seaweed/seagrass from the TDMA site to final disposal sites. The 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. Spoil 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 or 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 1 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. CATEGORY 5:. REMAINING ABANDONED AND DERELICT VESSEL RECOVERY AND DISPOSAL The Coast Guard and Fish and Wildlife Commission "FWC" 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 Contractor will be responsible for 29 managing the removal from the water, impound and auction or disposal, of derelict and abandoned vessels surrounding the Florida Keys which were the result of Hurricane Irma, and other future storm events within the term 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 state and federal agencies, including the Florida Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission. The Contractor will: • Determine current locations of remaining abandoned and derelict vessels and determine 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 FEE SCHEDULE 31 ATTACHMENT C LIST OF 103 USDA NRCS ELIGIBLE CANALS Canal Name and Municipality Adjacent Street Number 1 13 Key Largo Unincorporated Monroe County Hazel 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 Largo 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 Matecumbe Village of Islamorada Overseas Hwy,Lower Key Matecumbe Key 11 148 Lower Matecumbe Village of Islamorada Overseas Hwy,Lower Key Matecumbe Key 12 157 Lower Matecumbe Village of Islamorada Overseas Hwy,Lower Key Matecumbe 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 18 221 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 91st 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 Key Unincorporated Monroe County Gulf Blvd,Big Pine Key 26 239 Marathon City of Marathon 63rd St,Marathon Ocean 27 240 Marathon City of Marathon 62nd St,Marathon Ocean 28 242 Marathon City of Marathon 62nd St,Marathon Ocean 29 244 Marathon Added City of Marathon 15th St,Marathon 30 244 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 36 263 Big Pine Key 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 Torch Key Unincorporated Monroe County State Rd, Little Torch Key 4a 47 282 Big Pine Key Unincorporated Monroe County Hibiscus Ln, Big Pine Key 48 284 Big Pine Key Unincorporated Monroe County Iroquois St, Big Pine Key 49 287 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 Torch Key Unincorporated Monroe County Linda St, Little Torch Key 53 293 Big Pine Key Unincorporated Monroe County Avenue I ,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 Summerland Key Unincorporated Monroe County Overseas Hwy, Summerland Key 66 324 Cudjoe Key Unincorporated Monroe County Colson Dr,Cudjoe Key 67 326 Cudjoe Key Unincorporated Monroe County Cutthroat Dr, Cudjoe Key 68 327 Big Pine Key Unincorporated Monroe County Elma Ave, Big Pine Key 69 328 Summerland Key Unincorporated Monroe County Dobie St, Summerland Key 70 329 Cudjoe Key Unincorporated Monroe County Overseas Hwy, Cudjoe Key 71 332 Cudjoe Key Unincorporated Monroe County 5th Ave, Cudjoe Key 72 335 Cudjoe Key Unincorporated Monroe County Sailfish Ln, Cudjoe Key 73 336 Cudjoe Key Unincorporated Monroe County Old State Rd, Cudjoe Key 4a 74 337 Cudjoe Key Unincorporated Monroe County Drost Dr, Cudjoe Key 33 75 339 Little Torch Key Unincorporated Monroe County Pirates Rd, Little Torch Key 76 340 Cudjoe Key Unincorporated Monroe County Drost Dr, Cudjoe Key 77 344 Cudjoe Key Unincorporated Monroe County Navajo Dr, Cudjoe Key 78 345 Cudjoe Key _ Unincorporated Monroe County N Eagle Nest Dr, Cudjoe Key 79 349 Cudjoe Key Unincorporated Monroe County N Eagle Nest Dr, Cudjoe Key 80 350 Ramrod Key Unincorporated Monroe County Overseas Hwy,Ramrod Key 81 351 Summerland Key Unincorporated Monroe County W Shore Dr, Summerland Key 82 353 Cudjoe Key Unincorporated Monroe County N Eagle Nest Dr, Cudjoe Key 83 359 Cudjoe Key Unincorporated Monroe County Pebble Path, Cudjoe Key 84 372 Cudjoe Key Unincorporated Monroe County Picard Ln,Cudjoe Key 85 375 Cudjoe Key Unincorporated Monroe County Puerto Bello Dr, Cudjoe Key 86 378 Cudjoe Key Unincorporated Monroe County Calico Jack Cir, Cudjoe Key 87 381 Summerland Key Unincorporated Monroe County Hudgins Dr, Summerland Key 88 384 Sugarloaf Key Unincorporated 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 (Merged) 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 102 475 Geiger Key Unincorporated Monroe County Sirius Ln, Geiger Key 103 500 Summerland Key Unincorporated Monroe County E Shore Dr, Summerland 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 for, 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 and local 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. Contractor 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 GPS 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. 1) 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) Contractor 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. 35 5) Contractor shall reconcile any discrepancies between the Monitor Firm's daily report and the corresponding load tickets within forty-eight (48) hours. 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. 1. 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 the Debris Monitoring Company (Wood) prior to notice to proceed. Contractor's license shall accompany proposal. 2. 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 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 permit 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 Contractor 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, P.E. 5845 NW 158th Street Miami Lakes, FL 33014 314-920-8359 37 ATTACHMENT D GENERAL REQUIREMENTS General Conditions of the Contract for Construction Table of Articles. 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 SECTION 00750 - GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 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 of 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 1.5.1 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 40 of 161 2.0 OWNER 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 2.4.1 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 41 of 161 3.0 CONTRACTOR 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. 3.2 Review of Contract Documents and Field Conditions 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 3.3.1 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 4.6.3 and 4.6.5. 3.3.2 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 SAFETY 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. 3.4 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 3.5.1 The Contractor warrants to the Owner, Sustainability/Projects Director and WOOD/Engineer that materials and equipment furnished under the Contract will 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. 3.6 Taxes 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. 3.10 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. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially 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 Sustainability/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 SAFETY 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. 3.12.11 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. 3.15.2 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 46 of 161 3.18 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 ($10.00) 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 ADMINISTRATION 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 identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. 4.2 Sustainability/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 HEALTH 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/Engineer 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 Sustainability/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. WOOD/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 Sustainability/Projects Director. 4.6.9 Based on WOOD/Engineer's observations and evaluations of Contractors' Applications for Payment, WOOD/Engineer will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 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 which 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 Sustainability/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-Page 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. 4.6.14 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 4.7.1 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, 16th Judicial Circuit, Monroe County, Florida. PROJECT SAFETY 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 legal action 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 SAFETY AND HEALTH PLAN 00970-Page 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 provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS 5.1 Definitions 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 5.2.1 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 PROJECT SAFETY AND HEALTH PLAN 00970-Page 52 of 161 protect the rights of the Owner or Sustainability/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 proposed subcontract 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 5.4.1 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. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 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/Projects 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 identical or 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. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, PROJECT SAFETY AND HEALTH PLAN 00970-Page 53 of 161 prior to proceeding with that portion of the Work, promptly report to any apparent discrepancies 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. 6.2.6 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 Sustainability/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 Owner'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 PROJECT SAFETY AND HEALTH 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, Sustainability/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 7.2.1 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/Projects 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 Sustainability/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 shall 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: .1 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 (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Sustainability/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 Sustainability/Projects Director at no additional cost to the Owner. 7.2.6 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 Sustainability/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. PROJECT 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 SAFETY 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 anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Sustainability/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 6.2.7. 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 6.2.7; 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. 8.3.4 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. 9.0 PAYMENTS AND COMPLETION 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 Schedule 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 Sustainability/Projects Director, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 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 shall 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 issued 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 materialmen. 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 SAFETY 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 PROJECT SAFETY 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. 9.6.3 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. 9.6.7 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 utility services not later than the end of the calendar 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 HEALTH PLAN 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 list 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 partially 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 11.3.1 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 PROJECT 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 Sustainability/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 final payment 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 downloadable 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 161 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. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 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 If 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/Engineer and Sustainability/Projects Director in writing. The Owner, Contractor and Sustainability/Projects Director shall then proceed in the same manner described in Subparagraph 10.1.2. 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 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. PROJECT SAFETY AND HEALTH 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 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. 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, 10.2.1.3, 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 10.2.1.2, 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, WOOD/Engineer 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. 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 11.1.1 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 Or A certified copy of the actual insurance policy 11.1.5 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 11.1.9 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 Insurance: 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. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to WOOD/Engineer's request or to requirements 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. 12.1.2 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/Engineer'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 SAFETY AND HEALTH 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 promptly 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 by 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. 12.2.5 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. 12.2.6 Nothing contained in 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 12.3.1 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 SAFETY AND HEALTH 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 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: Arbor Tree and Land, Inc., Attn: Mr. William Hodges, 7153 Southern Blvd., Bay A5, West Palm Beach, FL 33413 For Owner: Sustainability/Projects 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. 13.5.2 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 13.5.1 and PROJECT SAFETY AND HEALTH 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/Engineer's 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 13.7.1 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 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails 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 rules, 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 Sustainability/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 equipment 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. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph PROJECT SAFETY AND HEALTH PLAN 00970-Page 70 of 161 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 SECTION 00970 - PROJECT SAFETY AND HEALTH PLAN REGULATIONS AND POLICIES 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 a 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 http://www.qpo.gov/about/bookstore.htm GENERAL CONTRACTOR REQUIREMENTS PROJECT SAFETY AND HEALTH PLAN 00970-Page 71 of 161 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 all 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. 1.4 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. 1.5 SAFETY MEETINGS 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. PROJECT SAFETY 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 perform 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-up 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 approval. The analysis will address the hazards for each activity to be performed in 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. PROJECT SAFETY 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. 1.7 FIRST AID TRAINING 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. 1.8 REPORTS Each Contractor is to maintain an accurate record of all job-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 aid 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. 2.2 EMERGENCY FIRST AID 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 of 161 2.1 COMMUNICATION AND TRANSPORTATION 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: 3.1 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 allowed on the job-site. 3.2 HOIST OPERATORS 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. 3.3 HEAVY EQUIPMENT OPERATORS PROJECT SAFETY 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. 4.0 PERSONAL PROTECTIVE EQUIPMENT: 4.1 HARDHAT AREAS 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. 4.2 POSTING 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 PROJECT SAFETY 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. 5.2 TAGGING AND LOCKING 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 HAUL ROADS FOR EQUIPMENT 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. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS 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 SAFETY 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 safely handle and maneuver the rated loads. The tests shall be 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 5.4.7 BOOM STOPS 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 87° 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. 5.5.2 EQUIPMENT REQUIRING ROPS 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. 5.5.3 EQUIPMENT REQUIRING SEATBELTS 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 LIFT 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 HEALTH 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. All 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 1926.1402) 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 HEALTH PLAN 00970-Page 80 of 161 • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • 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 Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. 6.0 LADDERS AND SCAFFOLDING: 6.1 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 7.0 FIRE PROTECTION 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. 8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES 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 HEALTH PLAN 00970-Page 82 of 161 10.0 HAZARDOUS MATERIALS 10.1 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. 10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.2 If 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/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 10.1.3 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 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. 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, 10.2.1.3, 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 10.2.1.2, 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. 11.0 EMERGENCIES 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 PROJECT SAFETY AND HEALTH PLAN 00970-Page 84 of 161 SECTION 00980 - CONTRACTOR QUALITY CONTROL PLAN 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/Engineer. 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. SPECIAL 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: 1. 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. (f) 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 Sustainability/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. (f) 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. 3. 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 plan.) 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 given 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. 6. 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. 1.4 REPORTING 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 Sustainability/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. A. 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. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for 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 SECTION 00990 - SPECIAL CONDITIONS 1. 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 1 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) 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 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. 1. 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. 2. 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/Projects Director in any event, in order to not compromise the Owner's right to make appropriate decisions. 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 6. 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 OF THE WORK 01010-Page 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. 1.2 PROTECTION: 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. 3. 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 01010-Page 91 of 161 SECTION 01015 - CONTRACTOR'S USE OF PREMISES PART 1 —GENERAL 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 01015-Page 92 of 161 SECTION 01027 -APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT 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. 3. SUBMITTAL PROCEDURES 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 (20th) 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 01027-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 completeness 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 01027-Page 94 of 161 APPLICATION FOR PAYMENT ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents,based on on-site observations and the data SUMMARY comprising the above application,the Engineer certifies to the Owner that to the best of the Fngineer's knowledge information and belief the Work has progressed as indicated the Application No: quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the Amount Certified. To: Monroe County,Florida This Certificate is not negotiable. 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 rights of the Owner or Contractor under this Contract. Project: Amount Certified: (Attach an explanation if the amount certified differs from the amount applied for) Contract For: ENGINEER: Period: From: To: Contract Date: By: Date: Original Contract Sum: $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, Net Change By Approved Change Order: 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 Contract Sum To Date: the Contractor for Work for which previous Applications for Payment were issued and payments received from the Owner,and that current payment shown herein is now due. Total Completed&Stored To Date: Retainage By: Date: %of Completed Work: State of: County of: Total Earned Less Retainage: Subscribed and sworn to before me this day of ,200 Less Previous Payments: Notary Public: Current Payment Due: My Commission Expires: Balance to Finish: Reviewed for Payment Approved for Payment Approved for Payment Sustainability/Projects Director Sustainability/Projects Director Monroe County, Owner Roman Gastesi, County Administrator Date: Date: Date: APPLICATION FOR PAYMENT 01027-Page 95 of 161 CONTINUATION SHEET PAGE OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT APPLICATION NO.: Containing Contractor's signed Certification is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply. Change Orders added at the end of sheet. I A B C D I E F G H I WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS THIS PERIOD MATERIALS TOTAL % BALANCE RETAINAGE NO. VALUE APPLICATION PRESENTLY COMPLETED AND (G=C) TO (IF VARIABLE (D+E) STORED STORED TO DATE FINISH RATE) (NOT IN D OR E) (D+E+F) (C-G) APPLICATION FOR PAYMENT 01027-Page 96 of 161 MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: INITIATION DATE: TO CONTRACTOR: CONTRACT DATE: The Contract is changed as follows: 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 change Order is % of the original contract price. a Not valid until signed by Owner, Engineer(if applicable), and Contractor ENGINEER: Date CONTRACTOR: Date SUSTAINABILITY/PROJECTS DIRECTOR: Date COUNTY/DEPUTY ADMINISTRATOR Date APPLICATION FOR PAYMENT 01027-Page 97 of 161 Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If Yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project engineer approves the change order. Yes ❑ No El If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No ❑ Should a claim under the applicable professional liability policy be made? Yes El No ❑ Explain: CERTIFICATE OF SUBSTANTIAL COMPLETION (PROJECT: ,� CONTRACT FOR: CONTRACT DATE. APPLICA TIOIV FOR PAYMENT 01027-Page 98 of 161 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of: County of: The undersigned,pursuant to Article 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 claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is involved,Consent of Surety is required. MA DOCUMENT G707,CONSENT OF SURETY,may be used for this purpose. Indicate attachment: yes( ) no( ) Address: The following supporting documents should be attached hereto: By: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from day of ,20_ Subcontractors and material and equipment suppliers,to the extent required by the Owner, accompanied by a list thereof. Notary Public: 3. Contractor's Affidavit or Release of Liens. My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 99 of 161 CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS 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 CONTRACTOR: HERETO: (Name and address) 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. By: 2. Separate Releases or Waivers of Liens from (Signature of authorized representative) Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. (Printed Name and Title) Subscribed and sworn to before me this date: Notary Public: (SEAL) My Commission Expires: MONROE COUNTY APPLICATION FOR PAYMENT 01027-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 Name of Company Witness Signature, Title Notary Public My commission expires: MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN 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 , 20 Witness Name of Company Witness Signature, Title APPLICATION FOR PAYMENT 01027-Page 102 of 161 SECTION 01040 - PROJECT COORDINATION PART I —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY 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 01200 "Project Meetings". D. Requirements for the Contractor's Construction Schedule 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. C. PROJECT COORDINATION 01040-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 3. 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. 1. 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 2— PRODUCTS (Not Applicable) PART 3—EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS 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 01040-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. 3.1 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 following: PROJECT COORDINATION 01040-Page 105 of 161 LIMITING EXPOSURES PROJECT COORDINATION 01040-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 contamination or pollution 7. Water 8. Solvents 9. Chemicals 10. Light 11. Radiation 12. Puncture 13. Abrasion 14. Heavy traffic 15. Soiling, 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 23. 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 01040 FIELD ENGINEERING 01050-Page 107 of 161 SECTION 01050 - FIELD ENGINEERING 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. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 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. 1.4 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 01050-Page 108 of 161 PART 2- PRODUCTS (Not Applicable) PART 3- EXECUTION 3.1 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 construction. 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. 2. 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 01050-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. E. 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 01050 FIELD ENGINEERING 01050-Page 110 of 161 SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. 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 in 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. 3. PRE-CONSTRUCTION MEETING A. Location: 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. 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. PROJECT MEETINGS 01200-Page 111 of 161 2. Critical Work sequencing. 3. 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. 4. PERIODIC PROGRESS MEETINGS 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 will 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. 8. Revisions to Construction Schedule. 9. Progress, schedule, during succeeding Work period. 10. Coordination of schedules. 11. Review submittal schedules. 12. 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. PROJECT MEETINGS 01200-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. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. END SECTION 01200 PROJECT MEETINGS 01200-Page 113 of 161 SECTION 01301 - SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Contractor shall submit to WOOD/Engineer, shop drawings, product data, certifications and samples required by the technical sections. 2. 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 is 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. SUBMITTALS 01301-Page 114 of 161 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/Engineer. 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. 1.7 THE CONTRACTOR'S RESPONSIBILITIES 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 01301-Page 115 of 161 B. Submit 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. 1.8 WOOD/ENGINEER'S RESPONSIBILITIES A. WOOD/Engineer will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. WOOD/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/Engineer. 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. 1.2 FORMAT 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 01310-Page 117 of 161 C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within five (5) days after receipt of the Contract Notice to Proceed. 1. Sustainability/Projects Director and WOOD/Engineer will review schedules and return approved copy. 2. 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 Sustainability/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. END SECTION 01310 PROGRESS SCHEDULES 01310-Page 118 of 161 SECTION 01370 - SCHEDULE OF VALUES 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 Sustainability/Projects 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. 3. 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: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. SCHEDULE OF VALUES 01370-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. c. 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 by Sustainability/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. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports, shall be submitted by the General Contractor performing work on the project. We 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. In 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. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE 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 01385-Page 122 of 161 SECTION 01395 - REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 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 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION 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/Engineer 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 RFI 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. REQUEST FOR INFORMATION 01395-Page 123 of 161 REQUEST FOR INFORMATION(RFI) DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL TO ARCHITECT ADDRESS PHONE FAX CELL DESCRIPTION CONTRACTOR RECOMMENDATION COST IMPACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION 01395-Page 124 of 161 SECTION 01400 - QUALITY CONTROL PART 1 - GENERAL 1.1 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 following Sections contain requirements that are related to this Section: 1. 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 QUALITY CONTROL 01400-Page 125 of 161 Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 1. 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. 1. 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. Notify 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. 1. The agency shall notify WOOD/Engineer, the Sustainability/Projects Director and the Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. QUALITY CONTROL 01400-Page 126 of 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. 1.4 SUBMITTALS 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. d. 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. g. Identification of product and Specification Section. h. Complete inspection or test data. 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. 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. 1. 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 2- PRODUCTS (Not Applicable) PART 3- EXECUTION 3.1 REPAIR AND PROTECTION QUALITY CONTROL 01400-Page 127 of 161 A. 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. END SECTION 01400 QUALITY CONTROL 01400-Page 128 of 161 SECTION 01421 - REFERENCE STANDARDS AND DEFINITIONS PART 1 —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. I. J. 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. K. 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." I. 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 installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. REFERENCE STANDARDS AND DEFINITIONS01421-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. Trades: 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 regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. 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: 1. 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 1421-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. B. 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 Sustainability/Projects Director for a decision before proceeding. 1. Minimum 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 DEFINITIONS01421-Page 131 of 161 AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers AAN American Association of Nurserymen (See AN LA) 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 AISC 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 Standards Institute APA APA-The Engineering Wood Association (Formerly: 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 DEFINITIONS01421-Page 132 of 161 ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America El MA 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 NELMA 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 DEFINITIONS01421-Page 133 of 161 (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute RFC! 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. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) 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 1421-Page 134 of 161 SECTION 01500 -TEMPORARY FACILITIES PART 1 —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. 2. 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: 1. 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 01500-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 01500-Page 136 of 161 SECTION 01520 - CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2- PRODUCTS 2.1 MATERIALS -GENERAL A. Materials may be new or used, suitable for the intended 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 01520-Page 137 of 161 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. 3. 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 01520 CONSTRUCTION AIDS 01520-Page 138 of 161 SECTION 01550 - ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his 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 01550-Page 139 of 161 SECTION 01560 - TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONTRACTOR A. Section Includes: 1. Water control 2. Dust control 3. 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 EROSION 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 01560-Page 140 of 161 1.5 POLLUTION CONTROL 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. END SECTION 01560 TEMPORARY CONTROLS 01560-Page 141 of 161 SECTION 01590 - FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office if required by Sustainability/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 01590-Page 142 of 161 SECTION 01595 - CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Cleaning during progress 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 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 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 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. PART 3- EXECUTION 3.1 DURING CONSTRUCTION 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. CONSTRUCTION CLEANING 01595-Page 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 01595-Page 144 of 161 SECTION 01600 - MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Products 2. Transportation and handling 3. Storage and protection 4. Security 1.2 PRODUCTS 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, conveying 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. 1.3 TRANSPORTATION AND HANDLING 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 manufacturer'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. 1.4 STORAGE AND PROTECTION 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 01600-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 01600-Page 146 of 161 SECTION 01630 - POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. 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, listing significant variations. 3. 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. 7. 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 CONTRACT SUBSTITUTIONS 01630-Page 147 of 161 3. 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. 1.3 CONTRACTOR'S REPRESENTATION 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 will 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. Sustainability/Projects Director's costs for redesign or revision of Contract Documents. 1.4 POST-PROPOSAL SUBSTITUTION FORM 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 CONTRACT SUBSTITUTIONS 01630-Page 148 of 161 POST-PROPOSAL SUBSTITUTION FORM TO: WOOD/Engineer We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO: DRAWING NAME: 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 Not Recommended Received too late Not Approved Insufficient data received Approved as noted By: By: Date: Date: POST CONTRACT SUBSTITUTIONS 01630-Page 149 of 161 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. 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? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). Designation of maintenance services and sources: (Attach additional sheets if required.) END SECTION 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 150 of 161 SECTION 01640 - PRODUCT HANDLING PART I--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. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by Sustainability/Projects 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 additional cost to the Owner. B. 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. B. 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 01640-Page 152 of 161 SECTION 01700 - CONTRACT CLOSEOUT 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 2. 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 applicable: 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. 3. 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. CONTRACT CLOSEOUT 01700-Page 153 of 161 2. The Owner will 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. 3. 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. 1.4 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 downloadable CD/DVD or flash drive of the all the following but not limited to: CONTRACT CLOSEOUT 01700-Page 154 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 d. Deductions for Liquidated Damages e. Deductions for Re-inspection 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 PART 1 - GENERAL 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. 2. 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. 3.2 FINAL CLEANING A. Employ skilled workmen 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 shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-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 tunnels 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. I. Restore all adjoining areas to their original or specified condition. END SECTION 01710 FINAL CLEANING 01710-Page 157 of 161 SECTION 01720 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Contractor shall: M. 1. 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 g. Other modifications to the Contract h. Field test records 1.2 GENERAL 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. 1.3 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 01720-Page 158 of 161 1. 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: 1. 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. PROJECT RECORD DOCUMENTS 01720-Page 159 of 161 B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Project number 3. The 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 RECORD DOCUMENTS 01720-Page 160 of 161 ATTACHMENT E NRCS GRANT 1 U SDA 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 Cooperative Agreement NRCS Signature 5.Agency(Name and Address) 6. Recipient Organization(Name and Address) Natural Resources Conservation Service COUNTY OF MONROE P. O. Sox 141510 1100 SIMONTON STREET Gainesville, FL 32614-1510 KEY WEST FL 33040-3110 DUNS:073876757 EIN: 7. NRCS Program Contact 8. NRCS Administrative 9. Recipient 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 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@monroecounty-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: 6Z Federal rg 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 ., .. •.: 18. Approved Budget r— Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment 1 $0.00 Supplies $0.00 Contractual $0.00 Construction 34,365,909.000 Other $3,436,590.90 - Total Direct Cost 37,802,499.900 Total Indirect Cost $0.00 Total Non-Federal Funds 11455303.00 Total Federal Funds Awarded 37,802,499.900 Total Approved Budget 49,257,802.900 This agreement is subject to applicable USDA BRCS statutory provisions and Financial Assistance Regulations.In accepting this award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization,agrees that the award Is subject to the applicable provisions of this agreement(and all attachments),and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts,If any, found by NRCS to have been overpaid,will be refunded or credited in full to NRCS. Name and Title of Authorized Government Representative Signature Date RUSSELL MORGAN State Conservationist � Name and Title of Authorized • Recipient Representative Signature ``�� Date Roman Gastesi County Administrator un 9126l ®®8 Pig 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 ar a part of an Individual's Income is derived from any public assistance program.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program Information(Braille,large print, audiotape,etc.)should contact USDA's TARGET Center at(202)720-2600(voice and TOD).To file a complaint of discrimination write to USDA,Director,Office of CM Rights,1400 Independence Avenue,SW..Washington,DC 20250-9410 or call(800)795.3272(voice)or(202) • 720.6382(TOD).USDA is an equal opportunity provider and employer. • PRIVACY ACT STATEMENT Ty ATTOpN MONAC de In accordance with the Privacy.Act of 1974(5 U.S.C.Section 522a). PRO � ' CY THIA L. HALL ASSISTANT COUNTY`ATTORNEY < . Date Page 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,Summeriand, Ramrod, Little Torch canals=$3,811,652 DSR'No. MC-17-003—Remove debris from.Biig 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 25percent of construction costs. NRCS will contribute up to 7.5 percent of the:total construction cost for design services,contract administration and construction mana9ement 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 assurance/inspection 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 non-cash matenats,or services,or in-find conMlwtions. The-value or any m-hind.contribution shah be agreed to in 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 thatperson'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. Furnish 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 attorneys 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 It 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 officiator any.member of such'official's immediate`family has direct or indirect interestin 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 noticeof contract award,or other basis of costandaccomplishment 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 exceedpublished 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 eachemployee 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.Wthin.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 parametersset 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 solicitationof 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,"submitfor NRCS review and concurrence a Quality Assurance Plan(GAP). The QAP 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 construction. 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`assurne responsibility for O&M. 24.Provide copies of site maps to appropriate Federal and State agencies for environmental review.. Sponsor vuili: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.,Willarrange and pay for any necessary location, removal,or relocation of utilities. EWP 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 ProgramfTechnical 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 forthe project. A copy of the as-built drawings will be submitted to:the NRCS ProgramfTechnical"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 EWP 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 proctor 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*RIM at the expense oftheSponsor, 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;end'future acts-or omissions,.of.the Sponsor in connection witb;.its acquisition and management of the Emergency Watershed:Protection Program,pursuant to thisagreement. Further,the•Sponsor agrees that NRCS willlhave no•responsibility for acts and omissions of-the Sponsor,itsagents, 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 viOlatioh of any,laws and regulations that now orthat•may in.the;future become applicable: 36 Retain all;records dealing.with theawardand administration of the contract(s)'for 3 years from the date of the Sponsors submission of the request for:reimbursement or until final audit findings l avebeen resolved,whichever Is longer: If any litigation Is started before the expiration.of the 3-year period,records are be retained until the litigation is resolved or the end of the 3 year period,whichever is longer Make such µrecords available,to the Comptroller General of the'United States orhis Or her duly authorited representative:and accredited.representatives oftb Department of: Agriculture or cognizant audit agency for the purpose or matting audit;examination,excerpt:and transcnptrons. 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 additiOnat 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,liabfity 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 DAP. 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 agreedhave 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'eventthere 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 unobiigated.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 commitmentsin excess of funds authored by law or made administratively available. Congress may impose obligational limits on prograrnfunding 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 costi 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 casts including interest' resulting from a'judgment collected from the defaulting contractor,or his orher 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 not be obligated"tocontribute 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 theEWP 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 No adjustment will,be made to change the cost sharing assistance;provided by`NRCS as set;forth in this agreements nor reduce`funds below:the amountrrequired to carry out NRCS'share;of.the contract ;E.Except for:item D:.above,this documentmay be revised,as mutuatlyagreed�through a written amendment duly: executed by authorized officials of all signatory parties to this agreement. 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 attomey'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 attomey'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 QAP. 12. Provide final inspection. 13. Complete as-built drawings. 14. Submit final payment. GENERAL TERMS AND CONDITIONS Please reference the below link(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 I.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/fdsys/browse/ collectionCfr.acction?coliectIonCode=CFR and`http://www.ecfr:gov/.. (1)2 CFR Part 25,"Universal Identifier and System of Award:Managemenr-(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 followinglregulations, as applicable.The full text of Code of Federal Regulations references may be found at https:/Iwww.gpo.govIfdsyslbrowse collectionCfr.action?collectionCode=CFR and http:/lwww.ecfr.gov/. (11,2 CFR Part 175,"Award Term for Trafficking in Persons"(2)2 CFR Part 417,"Nonprocurement Debarment and Suspension"(3)ZCFR 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 her The following portions of the Code of Federal Regulations are hereby incorporated by reference.The,full text of Code of Federal Regulations references maybe found at https://www,gpo.gov/fdsyslbrowse/collectionCfr.action?collectionCode=CFR and.http:llwww. 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 aliowability 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. III:CONFIDENTIALITY 'a._Activities performed under this award may;involve_access to confidential and potentiallysensitive information about governmental and landowner Issues.,The:term"confidential Information"means proprietary information-or data of e 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 toathePrivacy Act The recipient's personnel must also comply.with pnvecy of personal Information'relating to natural • resources conservation , programs in accordance with section 1244 of Title II of the FarmSecurity 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)'ofthis award provision are no longer in effect.3.The prohibition in paragraph(1)of this award.provisiion 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, NRCS,:.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 orDeliverables._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.therevised purpose or deliverables of the award to the NRCS administrative contact The request should contain the following:1.Grantor 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/contractuat 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 heraffiliation 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 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 Onions of the.projectto be completed.by the former project director.;iii:.Relinquishing the award.Thegrantee 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 theproject director is leaving a summary of progress to date.A final Standard Form(SF)425 reflecting the total amount of funds spent by the;recipientmust 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 be transferred is known:.I The forms and certifications included in ttie application;package.ii.A, project summary and work statement covering the work to be completedrunder the project(deliverables.and'objectves Mutt'be the seine es-those outlined in the approved+proposal)Bi.An updated,qualifications;statement,for the project director showing his orher new organizational affiliation iv:Any`cost sharing requirements under the original award transfer to the.new institution;.therefore,cost-sharing'information must beincluded 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:acconmplish,which may resultin'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 exceed12 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 bisect 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 Government;by the recipient VI.ACCRUALS a. Recipients must submit an accrual estimate tothe NRCS Program/Technical no later.-than 15 calendar days priorto 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 servces 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 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. VII.FINANCIAL REPORTING 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 b a 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 olthe project or agreement period:The reports should be submitted to.the NRCS`administrative contact identified in award;notifications. VIII ,PERFORMANCE MONITORING AND REPORTING a.The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. lithe 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 report. 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 unitof 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. Inaccordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2 months after the inventor discloses in writing to contractor personnel responsible for patent matters. Invention disclosure staterrients 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 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 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,conlusions, or reco mmendations expressed in thispublication are those of the author(s)and do ilot 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 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 reciplent 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 terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. e.The recipient must maintain records of ail project costs that are claimed by the recipient as cost sharing as well records of coststo 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 mustbe documented. XIII. PROGRAM INCOME Income derived from patents, inventions,or copyrights will be disposed of in accordance with the recipient's own policies.Generaf 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 obligatedby 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.makethe correction and to make an,appropriate adjustment in't>te'NRCS share of the award.to align"with the.Federal amount authorized. XVI MODIFICATIONS AND TERMINATIONS NRCS;may,amend or modify;the award ugh an exchange of correspondence between`authorized officials of,the recipient and NRCS The award is subjectvto"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,financialfirienciatobligations 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. { ARBOR-8 OP ID: M6 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/06/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CONTACT David A. French,AAI BROWN &BROWN OF FLORIDA INC 14900 NW 79th Court Suite#200 ( /CC.PHONE.Ext):305-714-4400 FAX No): 305-714-4401 Miami Lakes, FL 33016-5869 E-MAIL David A.French,AAI ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest National Insurance Co 10120 INSURED Arbor Tree&Land, Inc. INSURER B:Commerce and Industry Ins Co 19410 Attn:Zach Hodges INSURER C:AIG Specialty Insurance Co. 126883 PO Box 1387 Boynton Beach, FL 33425 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS {MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR Y CF3GL00103181 05/30/2018 05/30/2019 DAMAGE TO RENTED 50 000 PREMISES(Ea occurrence) $ , MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO Y CF3CA00085181 05/30/2018 05/30/2019 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 C X EXCESS LIAB CLAIMS-MADE BE041521601 05/30/2018 05/30/2019 AGGREGATE $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County is additional insured with respects to General Liability,Auto Liability and Pollution Liability when required by written contract. A -r, BY I,'MA_ MENT ***See Notepad*** SY� .�` DATE .. 3- I a'F W�IV� N/t+ . YES,___ CERTIFICATE HOLDER CANCELLATION MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE Brown and Brown of Florida,Inc. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD ARBOR-8 PAGE 2 INSURED'S NAME Arbor Tree&Land, Inc. OP ID: M6 Date 03/06/2019 Inland Marine/Equipment Floater: Company: Federal Insurance Company Policy#45467759 Effective Date: 5/30/18-19 Scheduled: $2,936,101 Rented/Leased Equipment: $600,000 Limit / 350,000 Per Item Limit Deductible: $10,000 All Perils Marine Liability (P&I and Hull) : Company: RLI Insurance Company Policy #MRP0100346 Effective Date: 5/30/18-19 Liability: $1,000,000 Occurrence/$2,000,000 Aggregate Hull & P&I Coverages: Protection & Indemnity on all vessels, Hull coverage on specified vessels 2004 50 x 12 Barge ID #ATLBA401 - P&I Only No Hull Coverage 2004 50 x 12 Barge ID #ATLBA402 - P&I Only No Hull Coverage 2004 50 x 12 Barge ID #ATLBA403 - P&I Only No Hull Coverage 2004 50 x 12 Barge ID # ATLBA404 - No Hull Coverage 2012 25' .9" Steel Push boat - Hull Coverage $226,450 2014 25' Clydesdale Truckable work boat - Hull Coverage $365,000 NOTEPAD: HOLDER CODE MONROEC ARBOR-8 PAGE 3 INSURED'S NAME Arbor Tree&Land, Inc. OP ID: M6 Date 03/06/2019 Contractor's Pollution Liability Carrier: AIG Specialty Ins Co. Policy #CPL24770253 Eff 5/30/18-19 Limit of Liability - Coy A: $3,000,000 Each Loss; Coy B: $ 250,000 Each Loss; $3,000,000 Aggregate