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Item C3
C.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 8, 2019 Agenda Item Number: C.3 Agenda Item Summary #5395 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a contract with Adventure Environmental, Inc. the top ranked vendor for marine debris removal services for plugged and non-plugged canals in an amount of $200,000; funded by grants LP44073, LP44074 and SDO05 from the Florida Department of Environmental Protection. ITEM BACKGROUND: This item is for approval to enter into a contract with Adventure Environmental Inc., the top ranked vendor that responded to a Request for Proposals (RFP) for marine debris removal services related to Hurricane Irma for plugged canals and potentially other canals. Time is of the essence as marine debris clearing work under FDEP Grant SDO05 must be completed by June 15, 2019. A Request For Proposals was issued April 3, 2019 and opened April 17, 2019. Three firms responded, and the selection committee met in a publicly advertised meeting on April 25, 2019 and ranked the firms in the following order: 1. Adventure Environmental, Inc. 2. Arbor Tree and Land, Inc. 3. DRC The current USDA NRCS marine debris grant does not cover marine debris removal work in plugged canals beyond the two plugged canals approved in the initial approvals. Florida Department of Environmental Protection has approved clearing in plugged and non-plugged canals, and is providing the following funds per grant(which shall fund debris clearing and monitoring services): • DEP 4SD005 Water Quality Protection Funding Grant $100,000 • DEP LP44073 Stewardship Grant $ 42,000 • DEP LP44074 Stewardship Grant $100,000 PREVIOUS RELEVANT BOCC ACTION: Packet Pg. 133 C.3 03/21/19: Approval to advertise a Request for Proposals (RFP) for marine debris removal and related services, funded by grant funds from the Florida Department of Environmental Protection, for removal of marine debris created by Hurricane Irma from plugged canals in unincorporated Monroe County. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Exhibit B -Pricing Exhibit D - FDEP Grant SDO05 Exhibit E- DEP Grant LP44073 Exhibit E- DEP Grant LP44073 - A 1 Exhibit F - DEP Grant LP44074 Exhibit F - DEP Grant LP44074-A 1 Exhibit C - GENERAL REQUIREMENTS, SPECIAL PROVISIONS AND GENERAL CONDITIONS Contract for marine debris clearing of plugged canals - AEI final (2) FINANCIAL IMPACT: Effective Date: May 8, 2019 Expiration Date: One year Total Dollar Value of Contract: $200,000 Total Cost to County: Anticipate 100%reimbursement from FDEP Current Year Portion: $200,000 Budgeted: N/A Source of Funds: FDEP CPI: NO Indirect Costs: TBD Staff Time Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: Funded by Grants County Match: No Insurance Required: Yes Additional Details: Grant funds provided by FDEP. REVIEWED BY: Rhonda Haag Completed 04/30/2019 9:54 AM Cynthia Hall Completed 04/30/2019 4:49 PM Budget and Finance Completed 05/01/2019 11:23 AM Maria Slavik Completed 05/01/2019 11:38 AM Kathy Peters Completed 05/01/2019 11:43 AM Board of County Commissioners Pending 05/08/2019 10:00 AM Packet Pg. 134 RFP for Marine Debris Removal and Related Services EXHIBIT B PRICING SHEET 0 06 A (L I.. 0 0 0 as A .2 I- (L x w E 64 Packet Pg. 135 C) C, C LIJ C) (L 00 C 0 C) C) 9L 69- (o z CD Co CD C) LUUJ 2 < < l< l< l< z z z z 0 LLJ A 0 C� CY) CD C) tJ U) C)CN C) CD LL LL, m. CL CL 2 4 0- ;7V > Cu CO D Cl) D CO o- (3) 3- COD :D D a) -j Z) < 4D 21 0 CID Co 0 Co (D E to Cu 0 a) 0 -�= 3-9 cu a) CU > Co a) >La VII Co ,od Co C to 0td1...... 0) U C: — a) Cu 0 0 a "a) 0 C (D Cu CU 0 Co 2) w 0 a) 0 Co Cu (D -= —i m M (D> u) E 0 E 0 (n 0 7t Coll t� 0 0 w ,01- Cm im 0� 0- E IE= Cu CIE 0 a) CU 1..:, .6 CU ® Cu > E CD 0 — C: CL Ca a Cu LU < <22 w m Co CD Cu EE 0 (D E (D 0 Cu Co .2 Cu 0 W uj '-s x Cu C C6 Cu m > 0 Cu CU 0 Co (D L) < 0 L) 0 , 00 = L 0 Cu L) 0 0 0 - — C) CD0 as Cu Cu Cu 0 C) (D Lu E 0 -0 Lu E w 0 -0 55 a) W < o 0 > > M_ 0 0 >s -10 > a -j > co a) E Z) Ca -0 . — .- _j �o a) — -0 Cu N 0 a 0 0 0 -1 — 0 0 z 0) — z Cu 0 0 E2 o 0 u) -0 W a) Z 0 :3 Z 0 CU E b 0 - 0 j 6R. -0 -0 — a) < < a) < z 4.3 C\l Co O C.0 r .0 w L ® Cr Cu cn Packet Pg. 136 C.3.a ti v U) 0 ro a) a) _ Cf) (D as cu c 0 :0 � 76 fU tCf U 0 ld7 c Am a) > r QJ > ., 0d m 0 CU 0— Q) C 0 cm FL COO -0 t!J tU N p ,r Q) t3 =i m m QJ a) (3 > e— Co CU -0 a) 0 cn "0 cn a) _ -_ � � as -a Z3 > 'a U CU (D A ( �. U7 cm cn o 4- < > CL 03 LU ar 0LL •. !�) cn 0 L2 Q) (13 am. g _ q) C7 > 4, CO °' E ooC D > c '� 0 t9) Si3 F < (6 E m 'D 4.1 a) Q 0 Packet Pg. 137 Exhibit B-Rate Schedule Project: Monroe County marine Debris Removal and Related Services-NON PLUGGED CANALS Contractor Name and Address: Adventure Environmental,Inc. Dpl- 14/17/2019 I.LANAL AND NEARSHORE MARINE DEBRIS CLEARING ITEM NO. t!!t DESCRIPTION UNIT QUANTITY TIER RATE I Mobilization and Demobilization(intermediate moves between projectareas shall be inclusive within the marine debris removal rates) Lump Sum $6,000.00 2 Small Deck barge capable of holding 5,000 tbs.and work/push boat suitable for easy travel from canal to canal Day $2,500.00 Medium Deck barge minimum of 40 feet long and work/push boat with 3 a mounted knuckle boom crane or secured heavy equipment suitable Day $4,000.00 0 for easy travel from canal to canal 06 U) Large Deck barge minimum of 60 feet long and work/push boat with 4 mounted knuckle boom crane or secured heavy equipment suitable for Day $5,000.00 easy travel from canal to canal Side scan sonar boat trailer able boat equipped with sid e de scan sonar capable of surveying canals throughout the County Day $1,600.00 6 Self loading dump truck with knuckle boom crane Day $2,600.00 0 7 Commercial dive team OSHA compliant dive team(as needed) Day $3,600.00 8 Floating Turbidity Barriers to be installed and relocated as needed at mouthcanals to prevent impacts to nearshore waters Price per Linear Foot 1-100 LF $30.00 C: 0 9 Marine debris removal from canals and/or nearshore transported to Vegetation Cubic Yard 1-10,000 CY $20.00 over 10,000 CY $20.00 approved TDMA(not seaweed or sand/sediment) C&D Cubic Yard 1-10,000 CY $20.00 over 10000 Cy $2000 0E 0 Hazardous material removal and transport to approved TDMA Each 1-100 Units— $100.00 11 Mangrove Trimming along canals as directed by County Above 100 Units $100,00 to TDMA and transported Price per Linear Foot 1-10,000 LF $26.00 C: ----- ---------- ------ .0 $23.00 0 12 Seaweed removal hurricane related seaweed accumulation on the over 10,000 LF — surface and bottom of the canals as directed by County and transported Cubic Yard 1-10,000 CY $150.00 over 10,000 Cy $100.00 Im X W E Proposal Form Packet Pg. 138 Exhibit B-Rate Schedule 2.CANAL SEDIMENT,SILT AND SAND REMOVAL -A NO. DESCRIPTION UNIT QUANTITY TIER RATE Mobilization and Demobilization(intermediate moves between project Sum areas shall be inclusive within the dredging and clewatering rates) Lump $30,000.00 Staging area set up,management and complete restoration. The set up 2 and management shall include the equipment and personnel for Day separation and reduction of sand/sediment. $3,600.00 Floating Turbidity Barriers to be installed talled and relocated as needed at Gs mouth of canals to prevent impacts to nearshore waters Price per Linear Foot 1-100 LF $100.00 ------------- 0 Hydraulic removal and dewatering of accumulated silt/sediment/sand 1-10,000 CY $400.00 06 4 that was deposited as a result of hurricane.Transport to TDMA as Cubic Yard U) directed by County.County to provide permit. over 10,000 Cy $350.00 Non Hydraulic Removal of silt/sediment/sand that was deposited as a 1-10,000 CY $150.00 5 result of hurricane.Transport to TDMA or other storage or reuse area as directed by County. County to provide permit.Sand shall not be Cubic Yard retained or reused by vendor.Specify type of dred ging proposed: over 10,000 CY $130.00 0 4- 3.OPERATION AND MANAGEMENT OF TDMA ITEM NO. 0 DESCRIPTION UNIT QUANTITY TIER RATE TDMA set up,management and complete restoration of I TDMA siteto 0 FOEP best management practices. The set up and management shall E include the equipment and personnel for separation and reduction of Day 0 marine debris the FDEP DDMS Guidelines. $1,600.00 2isacc W ! according U) IL X W E Proposal Form Packet Pg. 139 Exhibit B-Rate Schedule r4.TRANSPORTATION FROM TDIVIA TO FINAL APPROVED DISPOSAL LOCATION(S) NO. DESCRIPTION UNIT MEASURE OF DISTANCE RATE 7r 1-5O�iles I White Goods and Appliances — $35.00 Each 51-100 miles $45.00 101-150 Miles $55.00 2 Vegetation 1-50 miles $20.00 Cubic Yard 51-100 miles $30.00 101-150 Miles $35.00 3 C&D 1-50 miles $20.00 Cubic Yard 51-100 miles $30.00 101-150 Miles $35.00 0 06 1-50 Miles $40.00 A 4 Silt/Sediment Sand No Arsenic or Other Exceeclances Cubic Yard 51-100 Miles $60.00 101-150 Miles $80.00 Silt/Sediment/Sand with Arsenic or other Exceedances and transport —1-50 Miles $40.00 5 to Class 1 Landfill Cubic Yard 51-1;0 Mile, $60.00 101-150 Miles $80.00 (L 1-50 miles $40.00 L- 5 Seaweed and Seagrass 0 Cubic Yard 51-100 miles $60.00 101-150 Miles $80.00 0 S.DERELICT VESSEL REMOVAL W��M NO. 0 DESCRIPTION UNIT QUANTITY E ITY TIER RATE 1-19 feet $250.00 U) U--:::N IT QUANT' TIER 1_19 feet 20_29 feet Vessel Removal wa4ay d transport to TDMA L 20-29 feet $350.00 C: Price per Linear Foot 3 f .0 30-39 feet $450.00 I over 40 feet $1,600.00 CONCONTRACTOR'SS'.SIGNATURE: Printed Name: Christopher Colarusso CD Note: These quantities are estimates based on limited data obtained through aerial maps and representative site visits. (L I 1.All equipment shall include operators and all necessary items for marine debris removal operations.Equipment listed does not represent all items contractor may need,contractor will be responsible for all other necessary equipment to perform work. 2.All equipment shall operate only upon the written approval of the project manager.No quantities are guaranteed by the County.The County reserves the X right to choose what equipment is required and where to send said equipment.The County reserves the right to award to one or multiple contractor for the UJI whole project and/or each of the five areas. E 3.Tipping fees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed upon by the County. 4.All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impacting the benthic resources. 5,If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so County can sufficiently review the details. Proposal Form Packet Pg. 140 Exhibit B-Rate Schedule LIST ADDITIONAL SERVICES AND PROPOSED PRICES ON THIS SHEET J NO. DESCRIPTION UNIT QUANTITY TIER RATE 888 06 cm cm (L I.. 0 0 0 E cm .S .2 I- (L X w E Proposal Form Packet Pg. 141 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant.,Aareement I'llis Aireement is entered into between the Parties named below,pursuant to Section 2 l 5.971,Florida Statutes: 1. Project Title(Pro ect): J Agreement Number: Monroe County Marine Debris Removal- Plugged Canals SD005 2. Parties State of Florida Department of Environmental Protection, 3900 Coin mon wealth Boulevard (Department) Tallahissln Florida 32399-3000 Y�e. 0 Monroe County Bcqi rd of County Commissioners County Government 06 Grantee Address: I I I I 12t1a Street Suite 408, Key West, FL 33040 IEl D 59-6 .0000749 m III �Grantee,� 3. Agreement Begin Date-. Date of Expiration: Upon Execution June 30,2019 4. Project Number: Project Location(s): Pro ect Descri ption Number) Canals in Monroe County ........... - J The CM0 A01-1 wall I be resp a miblo Ca.I lie removal of machm debois from up lo 5 aftho p4oggrd cmi Is.Mom are 10 hIAWO 0kc,We Mi ficatim a 11"-INTIns In I be Wale.Wleue 0 4— signifivan I marbip debris e,h Is,I capivtg,Ivmoviflg,11.1d of I]to.1"1.hm d6ris I a debris si I m I Bk,hoic J'Asm and Rowel I's Park I)I)NJSd,jilrbidjINg mvsigh I of opera ums for gilt p,bjed mide r W011clohm Tasks 1 md 2. S. TotalAniountoff'Unding: Ft 11.....�nd Source? Award#s or l.,ine Itern Ap pr(�pnriatio s: Arnou jjej ourcqS,:_0 V State ElFederai GAA 41552 $10010KO"O' U ................. ................. .................. ........... EJState El Federal '@--................. ------------------ .....................--........... ........................... ......................... > EJ Grantee Match 0 Total Amount of 1�tcnding+,Grantee Match, if any: E $100,000.00 6, Department's Grant Manager Grantee's Grant Manager T) Name: Randal Landers Name: Rhonda 11aag ........................--.1-111111............... 01'successoll or successor as Address: 2295 Victoria Ave Address: 102060 Overseas llwy ....................---------------... ....................----------- .......... ........... ............................................ . ...................... Suite 364 Suite 246 ........... ............ ..................... ........................ -11, 1 1-.........................--------- ........... ......................... Fort Myers, F1, 33901 Key Largo,Fl, 33037 ... ................. ............................ .......... -----............. Phone: 239-344-5659 Phone: 30�5-453-8774rra ...................... ................... ... ......... l"mail: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: --- ....... 10 Attachment I� Standard Terms and Conditions Applicable to AJL(-3ran1S keicnients FA Attaclunent 2: Special 7"ernisand Conditions ................. ......... ....... W V Attachment 3: Grant Work Plan a U- 24 Allachment-4: Public Records Requirements 9 Attachment 5: Special Audit Requirements tt ic�Iiinctit�6.:-Pi-ograi,n-Specilic Requiren'ients El Attachment 7: Grant Award Terms(Federal) ,copy avaiiable at co i,ill accofdame"ith§215.985,F,S. X A-1 I El Attachment 8. FederallZegulations and Terms(Federal) W ............. 1:1 Additional Attachments(if necessary): E �txlflb�itA. Progress Report Form I-] Exhibit B: Property Reporting horn . .......... 0 Exhibit C: Payment Request Suisun ary Form El Exhibit D: Quality Assurance Requirements for Grants �Fxhih�itE: Advance Payment'rerms and Interest Earned Memo El additional'Exhibits(if necessary): ................ DEII Agreement No, SD005 Rcv�6/20/18 Packet Pg. 142 8. The following inforniation applies to Federal Grants only and is identified in accordance with 2 CFR 200331(a)(] Federal Award Identification Nuniber(sL( N/A Federal Award,Date to.Department: Total Federal 1-unds Obligated by this Ageernent, $0.00 Federal Awarder Agency: N/A Award MD? E-I Yes ON/A IN WITNESS WHEREOF,this Agreement shall be effective on the(late indicated by the Agreement Begin Date above or the lastdatc signed below,whichever is later. GRANTEE 0 .............. 06 Grantee Narne By 17 200 C 9 MN r,414411 U- Sylvia Murphy,, Mayor ................... CL Print Name and Title ofilerson Signing 0 4- State of Florida Dep!tytrnent of Environmental Protection 0 ................ .............................- ............................ .................... By x C 0 r� Z—J es i gnee Date Signed Jon Iglehart,Director > 0 ......................................—---—----- ....................... ......................... ..................——-------- .................... ................................... E print Name and"Fitle of Person Sigm2l, Mn EJ Additional signatures attached on separate page, m OE Cou ITTOR EY PA V LO PED R J ERCAD tas Ey ASSISTANT Cm C CL W a U- x W 4i C 0 E m DDT Agreement No. SD005 Rev.6/20/18 Packet Pg. 143 STATE OF F LORI DA DEPARTM ENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS,AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENTI 1. Entire Agreement, 0 This Grant Agreernent,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), 06 constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior U) agreements, whether written or oral, with respect to such Subject matter, Any terrvis and conditions included oil sm Grantee's forms or invoices shall be 11LIll and void. 2. Grant Adin inist ration. a. Order oirPrecedence. If there are conflicting provisions among the docurnents that make tip the Agreement,the an order of precedence for interpretation the Agreement is as follows: L Standard Grant Agreement IL iL Attachments other than Attachment 1,in numerical order as designated in the Standard Grant L- 0 Agreement 4- iii. Attachment 1, Standard Terms and Clonditions iv. 'File Exhibits in the order designated in the Standard Grant Agreement b, All approvals,written or verbal,and other written conlrininication arriong the parties, including all notices,shall 0 be obtained by or sent to the parties' Grant Managers. All written cornniunication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery reccipt,or when 0 reccipt is acknowledged by recipient. If the notice is delivered ill multiple ways, the notice will be considered an delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice ofthe nanle 2 and contact information of the new Grant Manager will be submitted in writing to the other party and inaintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changcs which cause any of tile following: (1) an increase or decrease in the Agreement funding aniount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement; and/or(4)changes,to the cumulative amount of ftinding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachtnem 3,Grant Work Plan,are less than twenty percent(2(1%)of the total budget as last approved by Department;and/or IL (3) Fund transfers between budget categories for the PUrpOSeS Of nledillbl match requirements. This Agreement W may be amended to provide for additional services if additional funding is made available by the Legislature. U- e. All(lays in this Agreement are calendar days unless otherwise specified. 3. Agreement Dnration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions.'fhe Grantee shall be eligible X for reirriburserrient for work performed on or after the date of execution through the expiration date of this Agreement, W unless otherwise specified ill Attachment 2, Special Terms and Conditions. However, work performed prior to the exeWtiffll of this Agreement may be reimbursable Or used for inatch purposes if permitted by the Special 'Vernis and E Conditions, 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work plan. The services or other Units of deliverables shall be delivered in accordance with the schedule and at tile pricing outlined in the ('grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable, The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreenlent. Attachment I 1 01,11 Rev. 1/4/19 Packet Pg. 144 5. Performance Measures. The Grantee warrants tliat: (I) the services will be performed by qualified personnel; (2)the services will be of'the kind and quality described in tile Grant Work Plan; (3) tile services will be performed in a professional and workmanlike manner in accordance with industry standards and practices;(4)fhe services shall neat and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Pro ect Location(s),The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements, 0 Notwithstanding any provisions herein to the contrary,written acceptance of aparticular deliverable does not foreclose 06 Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. .0 6, Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain Outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the as deliverables within 30 days of receipt,they will be deemed rejected, b. ftcctiQn o L Deliverables, The Department reserves the right to reject deliverables, as Outlined in the Grant _ J IL Work Plan,as incomplete,inadequate,or unacceptable due, in whole or in part, to Grantee's lack of s ory 0 atisfact I- performance under the terms of this AgreeMent,r fhe Grantee's efforts to correct the rejected deliverables,will be at Grantee's sole expense. Failure to fulfill tile applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made J 0 acceptable to Department in accordance with the Agreement requimnients, The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department."the Grantee's failtire to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an 0 event of default, E 7. Financial('onsequences for Nonperformance. a. WithhqIdin&[ra�ment. In addition to the specific consequences explained in the Grant Work Plan and/or n M Special Terms and Conditions, the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perforni/cornplY with provisions of this Agreement,None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties, b, (,,,oi'rect:iveAcLtioii Plata. If Grantee fails to correct all the deficiencies in a rejected deliverable within tile specified tiniefrarne, Department may, in its sole discretion, request that a proposed Corrective Action Plan (C'All) be LO submitted fly Grantee to Departinent. The Department request that Grantee specify tile outstanding deficiencies CD in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i, The Grantee shall submit a CAP within ter, (10) days of'the date of the written request from Department.'file CAP shall be sent to Grant Manager for review and approval.Within ten(10)days of reccipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been 0 accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department IL letter rejecting the proposal to submit a revised proposed CAP, Failure to obtain Department W approval of a CAP as specified above may result in Department's termination of this Agreement for U- cause as authorized in this Agreement. ii. Upon Department's, notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of(lie accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of.any of its obligations Under the Agreement. In the event the CAP fails X to correct or eliminate perfbrinance deficiencies by Grantee, Department shall retain the right to W require additional or further remedial steps, or to terminate this Agreement for failure to perform, r- No actions approved by Department or steps taken by Grantee shall preclude Department from E subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP Until all deficiencies are corrected. Reports oil the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP, or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement, Attachment 1 2 of I I Rev. 1/4/19 Packet Pg. 145 & Payment. a. Pavnient Process. Subject to the terms and conditions established by the Agreernent,the pricing per deliverable established by the Grant Work Phin,and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(FS.). la. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted ftorn paying any taxes that it is subject to, including State sales and use taxes,of, for payment by Grantee to suppliers for taxes oil niaterialS used to fuffiH its contractual obligations with Department.The Grantee shall not use Department's exemption number ill securing such materials.The Grantee 0 shall be responsible and liable for the payment of all its FICA/Social Seckirity and other taxes resulting frorn this 06 Agreement, U) c. Maximum Amount of At rcement The maxititurn amount of compensation Under this Agreement, without an amendment,is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. ReirnbUrsernent for Costs. The Grantee shall be paid oil a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reirribursernent shall be requested oil Exhibit C, Payment Request Summary Form. 'ro be eligible for IL reimbursement,costs must be in compliance with.laws,rules,and regulations applicable to expenditures of State I- 0 funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the 4- following,web address e w in c. Invoice Detail. All charges for set-vices rendered or for reirnbUrSernent of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department ill SUffiCiCilt detail for a proper pre-audit and 0 post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan, f. Interim, Payments. Interim payments may be made by Department, al its discretion, if tile completion of 0 deliverables,to date have first been accepted in writing by Department's Grant Manager. E g. Final Payment Request,A final payment request should be submitted to(department no later than sixty(60�)days following the expiration date of the Agreement to ensure the availability of funds for paynient. However, all Mn work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. la, Annual Appropriation Contingency, The State's performance and obligation to pay under this Agreement is contingent upon all annual appropriation by, the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments r1lay be 2 rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates to appropriations. CD i. Interest Rates. All interest rates charged under the Agreement shall be c*UkltCd On the Prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: ........... as I. Refund of Payn'LLLtits to the DqpAEWI!zat.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of tile amount to which Grantee or subgrantee is entitled IL under the terms of tile Agreement must be refunded to DepatInient. W 9. Documentation Required for Cost Reimbursement Grant Agreements arid Match, U- lf Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reirnbursernent or match requirements for the 11ollowing,budget categories: a, Salar /Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent X on the ProJect in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or W match requirements, b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match For. E multipliers,all multipliers used (i.e., fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification. Interest shall be charged on the excessive rate, C. (011traCtUal Costs (Subcontractors Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent oil the Project, All eligible multipliers used (i.e., fringe benefits, overhead, indirect, Attachment 1 3 of I I Rev. 1/4/19 Packet Pg. 146 and./or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse Such funds to Department within thirty(30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273, and/or 274, 17.S., and Chapter 691-72,Florida Administrative Code(FA.C.)and/or Chapter 691-73,F.A.C,,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any Subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its 0 subcontracts issued under this Agreement,ifany, impose this requirenicirt, in writing,oil its subcontractors, 06 L For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may .0 award,air a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request as for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract,The Grantee may request approval from Department to award a fixed price subcontract [L resulting from procurement methods other than those identified above.In this instance,Grantee shall 0 request the advance written approval from Department's Grant Manager of the fixed price nego tiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the Subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantec may proceed in finalizing the fixed-price subcontract. 0 ii. If the procurement is subject to the Consultant's Competitive Negotiation Act Under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements, E d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.06 1, 0 K& W e. Direct Purchase Eouipment. For the purposes of this Agreement, Fquipment is defined as capital outlay costing T) $1,000 or more. Match or reimbursement for Grantee's direct purchase of'eqUiPITICIlt is sub ect to specific J approval of Department, and does not include any equipment purchased under the delivery of'services to be completed by a Subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment, Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges, g. M�g.ellaneous/Other t7AIjq!g If'miscellaneous or other expenses, such as materials, supplies, non-excluded Q Q phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, tile documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally,independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs;civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or [L equipment, W Ia. hand Acquisition, Reimbursement for the costs associated with acquiring interest arid/or rights to real properly a U_ (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership ofreal property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing X Staterrients/Docurnents, Deeds, Leases, Easements, License Agreements,or other legal instrument documenting W acquired property interest and/or rights, If land accitrisition costs are used to ineet match requirements,Grantee r_ agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. as 10, Stattis Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work perfornied during the reporting < period,problems encountered,problem resolutions,scheduled updates,and proposed work for tile next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the Purposes of this reporting requirement,the quarterly reporting periods end oil March 3 1, :Tune 30, September 30 and December 3 L The Department will review the required reports Submitted by Grantee within thirty(30)days, Attachment 1 4 of I I Rev. 1/4/19 Packet Pg. 147 11. Retainage. 'rhe following provisions apply if Departinent withholds retainage under this Agreement: a. The Department reserves the right to establish tile aniount and application of reutinage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending,satisfactory completion of work and approval of all deliverables. ll. If Grantee fails to perform the requested work,or tails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not 0 limited to, failure to,submit the required deliverables,or failure to provide adequate documentation that the work 06 was actually performed. The Department shall provide written notification to Grantee of the failure to perform U) that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the C tiniefirarne stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. CL 12. Insurance. L_ a. Insurance R_AL rngrly colts for Sub-Grantees and/or Suhcontractors. The Grantee shall require its sub-grantees 4- and/or subcontractors,if any,to maintain insurance coverage of such types and with SUCII terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,ifany,to C make compliance with the insurance requirements of this Agreement a condition of all contracts that are related 0 to,this AgreernetiL Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles, The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be time sale responsibility of the 0 Grantee providing such insurance, E C, Proof Of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount f6r each type ol'applicable insurance coverageprior to performance of IT any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof ofapplicable insurance coverage by standard form certificates of insurance:,a self- insured authorization,or other certification of self-insurance, d. Dut_3Lt Maintain Coveragq. In time event that any applicable covet-age is cancelled by the insurer for any reason,or it'Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation an(]shall obtain adequate replacement coverage conforming to the requirements herein and provide proof ofSUch replacement coverage within ten(10)(lays after the cancellation of coverage. 13. Termination. a. 'rernlination for convenience, when it is in the State's best interest, Department may,at its sole discretion, terminate the Agreement it)whole or in part by giving 30 days' written notice to Grantee. The Department shall C notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for CL work to be paid under this Agreement within thirty(3 0)days of the effective date of termination. The W Deparnrient shall not pay any invoices received after thirty(30)days of the effective(late ofterinination. U_ b, 'rerunination ibr cause."file Department may terminate this Agreement ifany of the events of default described in the Events of Default PrOViSiOrIS below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement, It',after termination,it is determined that(3rantee was not in default,or that time default was eXCUSabIC,time rights and obligations of the parties shall be time same as if the termination had X been issued for time convenience of Department.The rights and remedies of Department in this clause are in W addition to any other rights and remedies provided by law or under this Agreement. 4j C c. Grantee Obligations upon Notice ofTerunination.After receipt of a notice of termination or partial termination 0 E unless as otherwise directed by Department,Grantee shall not fin-nish any service or deliverable oil the date,and M to the extent specified,in time.notice, I lowever,Grantee shall contin Lie work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Set-vices,If Department has paid for any services prior to(lie expiration,cancellation, or termination of tile Agreement,Grantee shall continue to provide Department with those services for which it Attachment I 5 of I I Rev. 1/4/19 Packet Pg. 148 has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered, e. Transition ofServign U jj¢dt11'ermination, If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement set-vices to the subsequent provider(s). This requirement is at a rnininium an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement, if any, 14. Notice of Derault. 0 06 If Grantee defaults in the performance of airy covenant or obligation contained in the Agreement, including,any of U) the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under C the circumstances.This notice shall state the nature of the failure to perform and provide a time certain fbr correcting M the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will U be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default CM notice. CM 15. Events of Default, 2 CL Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- L_ eXCILlSiVC list of events,acts,or emissions,shall constitute events ofdefaull: 4- a The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of' C the Performance of the work, failure to resume work that has been discontinued within a reasonable time after 0 notice to do so,or abandonment of the Agreement; U b. The corninitnient of any material misrepresentation or omission in any materials,or discovery by the Department of.such, made by the Grantee in this Agreement or in its application for finilding; 0 c, Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,. E as incomplete,or insufficient information; d. I'ailure to honor any term ofthe Agreement; Mn c, Failure to abide by any statutory, regulatory,or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agrecrilent; g. finiployment of an unauthorized alien in the performance of"the work, in violation of Section 274 (A) of the immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i, One or more of the following circumstances, Uncorrected for more than, thirty (30) days unless, witilin, the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations C under the Agreement: i. Entry of an order for refiefunderTitle I I ofthe United States Code; CL ii. The making by Grantee of a general assignment for the benefit of creditors; W iii. The appointment of general receiver or trustee in bankruptcy of'Grantee's business or property; U_ and/or iv. An action by Grantee under any state insolvency or similar law for tile purpose of its bankruptcy, reorganization,or liquidation, 16, Suspensiou of Work. X 'rile Department may, in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is W in the best interest of the State to do so.Tile Department shall provide Grantee written notice outlining the particulars C of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration 0 ofemei-geiicy,orotliej-sticlicii-ctjiiistatices. A fier receiving a suspension notice,Grantee shall coin ply with the notice. E M Within 90 days,or any longer period agreed to by the parties, Department shall either:(I)issue a notice authorising resumption of work, at which time activity shall resume; or (2) terminate tile Agreement. If the Agreement is terminated after 30 days of"suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days' notice required for a notice of termination for convenience. Suspension of work shall not.entitle Grantee to ally additional compensation, Attachment 1 6 of I I Rev, 1/4/19 Packet Pg. 149 17. Force Majeure. "The Grantee shall not be responsible for delay resulting from its failure to perform ifneither the fault nor the neg I igence of'Grantee or its ernployces or agents contributed to the delay and the delay is due dirLetly to acts orGod,wars,acts Of public enemies, strikes, fires, floods, or other sinlilar cause wholly beyond Grantee's control, or for any of tile foregoing that affect subcontractors or suppliers if no alternate Source of supply is available to Grantee, [it case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of(lie delay or potential delay and describe the cause of the delay either(1),within tell days after the cause that creates or will create tile delay first ae arose, if Grantee could reasonably foresee that a delay could Occur as a result; or (2) if delay is not reasonably 0 foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 06 FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY Oil EXCUSE WITH RESPECT .0 TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, No C claim for damages,other than for all extension of tittle,shall be asserted against Department,The Grantee shall riot be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but riot limited to costs of acceleration or ar inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever, If' performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph,after CL tile causes have ceased to exist Grantee shall perform at no increased cost, unless Departnient determines, in its sole I- 0 discretion,that tile delay will significantly impair the value of the Agreement to Departnient,ill which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources(without recourse to C and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject 0 of(lie delay, which purchases may be deducted frorn the Agreement quantity;or(3)terminate Agreement in whole or in part. I& indeinnification. 0 E a, 'File Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, front Suits, actions, darnages,and costs of every name and description arising from or relating to: A i. personal injury and damage to real or personal tangible property alleged to be caused ill whole or in part by Grantee, its agents,employces,partners,or subcontractors; provided,however,that Grantee shall not indemnify for that portion of any loss or damages proxiniately Caused by the negligent act or remission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee, 2 b, The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon to Department giving Grantee:(I)written notice of any action or threatened action; (2)the opportunity to take over CD and settle or defend any Such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost,expense,or Compromise incurred or rnade by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably C withheld, c. Notwithstanding sections a. and b, above, the following is the sole indemnillication provision that applies to CL W Grantees that are governinental entities: Each party hereto agrees that it shall be solely responsible for the a negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitutes U_ waiver by either party of its sovereign inilliunity or the provisions of Section 768.28, F.S, Further, nothing herein shall be Construed as consent by a state agency or subdivision ofthe State to be stied by third parties in ally matter arising out of any contract or this Agreement, d. No provision in this Agreement shall require Department to hold harrilless or indemnify Grantee,insure or assume X liability for Grantee's negligence, waive Departments sovereign fintatIllity Under the laws of Horida, or W otherwise impose liability on Department for which it would riot otherwise be responsible, Any provision, C implication or suggestion to the contrary is null and void, 0 E 19. Limitation of Liability. The Departinent's liability for any claim arising from this Agreement is limited to compensatory daniages in all arnount no greater than the sum of the unpaid balance of compensation due for goods or set-vices rendered pursuant to and in < compliance with the terms of the Agreement, Such liability is further limited to a cap of$1 00,000, 20. Remedies. Nothing ill this Agreement shall be construed to make Grantee liable for force majeure events, Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity,]'lie Departnient may, in addition to Attrichinerit 1 7 of I I Rey, 1/4/19 Packet Pg. 150 other remedies available to it, at law or in equity and upon, notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties,costs and the like asserted by or against it. 21. Waivej% The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,not,shall any single or partial exercise of any such right preclude any other-or fitirther exercise thereof or tile exercise of any other right. 22. Statutory Notices Relating to Unauthoflzed Employment and Subcontracts. a, The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 0 274A(e) of the Immigration and Nationality Act, lf'Grantee/subcontractor knowingly employs unauthorized 06 aliens,Such violation shall be cause for unilateral cancellation ofthis Agreement.The Grantee shall be responsible U) for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b, Pursuant to,Sections 287.133 and 287,134, F.S.,the following restrictions apply to persons placed oil the convicted vendor list or the discriminatory vendor list: i. Public Entity rime, A person or affiliate who has been placed our the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply oil a contract cm to provide any goods or services to a public entity; may not submit a bid, proposal,or reply oil a [L contract with a public entity for the construction or repair of a public building or public work; may I- 0 not submit bids,proposals,or replies oil leases of real property to a public entity;may not be awarded 4- or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and nlay not transact business with any public entity in excess of the threshold amount provided in Section 287.0 17,F.S., for CA TGORY TWO for a period of'36 months following the 0 date of being placed on the convicted vendor list. U i i. Discriniinatory Vendors. Ali entity oi-affiliate who has been placed on tile discriminatory vendor '@ > list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 0 public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the as construction 01'Mpairofa public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;, may not be awarded or perform work as as contractor, Mn supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity, iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or ........... consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement, The Florida Department of"Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its,website.Questions regarding time discriminatory vendor list may be directed to the Florida Department of Management Services, Office Of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws, a The Grantee and all its agents shall comply with all fbileral,state and local regulations, including,but not firnited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration reqUirenients. 'file Grantee shall include this provision in all subcontracts issued as a result of this Agreement, [L b�. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or• disability, shall be W a excluded firorn participation in; be denied the proceeds or benefits of,or be otherwise subjected to discrimination U_ in performance of this Agreement. c. ']'his Agreement shall be governed by and construed in accordance with (fie laws of the State of I"'lorida. cl. Any dispute concerning performance of(lie Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the COUNS of the State,and venue will be in tile X Second Judicial Circuit, in and for Lcon County. Except as otherwise provided by law, the parties agree to be W responsible for their own attorney lbes, incurred in connection with disputes arising under (lie terms of this Agreement. as E 24. Sertifinized Companies. m a. Grantee certifies that it is not oil the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F&,the Department may immediately terminate this Agreement at its sole option ifthe Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott ofisrael during the term of the Agreelrlent. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on tile Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in(lie Iran Petroleum Energy Sector Lis(, or engaged with business operations in Cuba or Syria as identified in Section 287,135, F.S. Pursuant to Attachment 1 8 of I I Rev. 1/4/19 Packet Pg. 151 Section 287.135,F&,the Departalent may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed oil the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreenient, c, As provided in Subsection 287,135(8),F.S,,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative, 25. Lobbying and Integrity. The Grantee agrees that no flunds received by it under this Agreement will be expended for tile purpose of lobbying 0 the Legislature or a State agency pursuant to Section 216,347,F.S,,except that pursuant to the reqUil-CIUCT11S Of Section 06 287-058(6), F.S., during the term of any executed agreement between Grantee and the State,Grantee may lobby tile .0 executive or legislative branch concerning the scope of services, performance, terni,or compensation regarding that agreement.The Grantee shall comply with Sections 11 M2 and 216347, V& 26. Recor(l Keeping. The Grantee shall maintain,books, records and documents directly pertinent to performance under this Agreement in as accordance with United States generally accepted accounting principles(US GAAP)consistently applied, The Department,tile State,or their authorized representatives shall have access to such records for audit purposes during (L the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In L- 0 4- tile event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes, Upon request of Department's Inspector General,or other authorized State official,Grantee shall Provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility,Such information may include,but shall not be limited to, Grantee's business or financial 0 records,documents,or files of any type or form that refer to or relate to Agreement, The Grantee shall retain Such records for the longer of(1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the P'lorida Department of State(available at: 0 WIIII-."Z -ecord -i a na it i ssil j I I s� E as 27, Awlits. a, Ins ector General, The Grantee understands its duty,pursuant to Section M055(5), F.S.,to cooperate with the Mn inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this, duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing,oil its sub-grantees and/or subcontractors, respectively, b. Pi Ca l Cal Access and In512ectioi , Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including 2 by any of the following rnetliods; LO i. Grantee shall provide access to any location or facility on which Grantee is performing work, or CD storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, eqLiiplllCll(, practices, or operations required in perforiiiance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of`any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal (L requirements pursuant to this Agreement, W c. S PL�cial AgLit R��Jregjppts, The Grantee shall comply with the applicableprevisions pvisions contained in Attachment -, 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an Updated copy of Exhibit 1,to Attachment 5. If Department fails to provide all updated COPY OfENhibit I to include in each arriendnient that authorizes a funding increase or decrease, Grantee shall recitiest one from the Department's Grants Manager, The Grantee shall consider the type of financial assistance(Ueral and/or state) X identified in Attachment 5,Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act W Requirements may further apply to lower tier transactions that may be a result of this Agreement, For federal r- financial assistance, Grantee shall utilise tile guidance provided under 2(TR §200,,330 for determining whether E the relationship represents that of a subrecipient or vendor. For State financial assistance,Grantee shall utilize tile form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (forill number DFS-A2-NS) that call be found under the "Unks/Forms" section appearing at the following website: f1d fs.con0say, d. Proo1'Qfj'raqA9q(iqij& In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found Under 2 CFR 200. The Department Attachment 1 901,11 Rev, 1/4/19 Packet Pg. 152 may also request a cost allocation plan ill support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits),The Grantee must provide the additional proof within thirty(30)days of'such request. e. No Cornminalhw of Funds. The accounting systems for all Grantees must ensure that these funds are not cor�iirnitigied with ftiiidsfi,oiiiotliei,agericies, Funds frorn each agency must be accounted for-separately. Grantees are prohibited from commingling funds oil either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded, 0 i. If Department finds that these funds have been commingled, Department shall have the right to 06 demand a refund,either in whole or in part,of tile funds provided to Grantee under this Agreement U) for non-compliance with the material terms of this Agreement, Tile Grantee, upon SLIC11 written notification from Department shall refund, and shall forthwith pay to Department, the allIOUnt of money demanded by Department. Interest can any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payrnent(s) .are received from Department by Grantee to the date repayment is made by Grantee to Department. CL L ii, in the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by 0 Department, frorn another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest sha I I be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Cirwitee to the date repayment is C made to Department. 0 iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made Purely oil a cost reimbursement basis. 28, Conflict of Interest. 0 The Grantee covenants that it presently has no interest and shall not acquire ally interest which would conflict in any E manner or degree with the performance of services required, 29. Independent Contractor. T) The Grantee is an independent contractor and is not all employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified ill the Special Terms and Conditions, all set-vices contracted for are to be performed solely by(grantee, b. The Department may, For cause, require the replacement of any Grantee employee,subcontractor,or agent. ["or cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, LO or non-compliance with all applicable Department policy or other rcquirentent. CD c, The [)epartrnent tilay, for cause, deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. ras cl. Tile Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work C in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under ally subcontract,The Department shall not be liable to any Subcontractor for any expenses or liabilities incurred under CL any subcontract and Grantee shall be solely liable to [lie subcontractor for all expenses and liabilities incurred W under any subcontract, U_ c. The Department will not deny Grantee's employees, subcontractors, or(agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations, f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect tile full X diversity of the citizens of the State. A list of minority-owned firins that could be offered Subcontracting W opportunities may be obtained by contacting the Office elf Supplier Diversity,at(850)487-0915. C g. The Grantee shal I not be liable for any excess costs for it failure to perform,if the failure to perform is caused by ar the default of a subcontractor at any tier,and if tile Cause of the default is completely beyond the control of both M Grantee and the subcontractor(s),and without the Fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the require(] delivery < schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of ftil filling the obligations of Agreement, In the event Grantee Attachment I 10 of I I Rev. 1/4/19 Packet Pg. 153 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of stile that tile flew parent conipany guarantee all of the obligations of Grantee. 32. Survival. 'file respective obligations of the parties, which by their nature would conlintie beyond the termination or expiration ofthis Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination, cancellation,or expiration of this Agreement. 33, Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its 0 agents,servants,and ernployces,nor shall Grantee disclaim its own negligence to Department or any third party. This 06 Agreement does not and is not intended to confer any rights or rernedieS upon any person other than the parties. If U) Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- C party rights. Further,no third parties shall rely upon any of the rights and obligations created under this Agreenient. 34. Severabillity. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall/ CM remain in full force and effect. CM 35. (Arantee's Employees,S"beontractors and Agents. 2 CL All Grantee employees, subcontractors,, or agents performing work under the Agreement shall be properly trained L_ technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of 4- technical certification;or other proof of qualification,All eniployees,subcontractors,oragents performing work tinder Agreement must comply with all security and administrative requirements of Departrient and shall comply with all C controlling laws and regulations relevant to the set-vices they are providing tinder the Agreement. 0 36. Assignment. U The Grantee shall not sell,assign, or transfer any of its rights, duties, or obligations tinder the Agreement:, or under any purchase order issued pursuant to the Agreement, Without the prior written consent of Department. In tile event 0 ofany assigninent,Grantee remains secondarily liable for performance ofthe Agreernent,unless Department expressly E waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. T) 3,7. Execution in Counterparts and Authority to Sign. This Agreement,any anicridnients,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which, shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,inay be used and shall have the same force and effect as a written signature. Each person signing this Agreernent warrants that lie or she is duly aUthOl`iZCd to do so and to bind the respective party to the Agreement. to CD C CL W a U_ X W 4j C 4) E M Attachment I II of I I Rev, 1/4/19 Packet Pg. 154 SI'ATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION special rerms and Conditions AGREEMENTNO.SD005 ATTACHMENT2 These Special Tell and Conditions shall be read together with general terms outlined in tile Standard Terms and 0 Conditions, Attachment I. Where in conflict,these more specific terms shall apply. 06 I. Scope of Work. rm The Project funded tinder this Agreement is Moril County Marine Debris Removal-Plugged Canals.Tile Project is defined in more detail in Attachment 3,Grant Work Plan. as 2. Duration. a. Reimbursement Period.'File reimbursement period for this Agreement is the same as the term of the Agreement. IL b. f.',xtens ions.There are no extensions available for this Pro ect, L- J 0 c. .erv1 e Periods. Additional service periods are not authorized itnd r this Agree neitt. 3. Payment Provisions. a. Qo -risqtion,This is a cost reirribursement Agreement, The Grantee shall be compensated mider this rn�)L 0 Agreement as described in Attachment 3. b. Invoicing Invoicing Will OCCUr after approval of the final delivereable(s), c. Advance Pay, Advance Pay is not authorized under this Agreement. 0 E 0 4 Cost Eligible for Reirriborsement or Matching Requirements. IX RefinbUrsemerit for costs or,availability for costs to meet matching reqUirenletli[S shall be limited to the foVowling .0 budget categories,as defined in the Reference Guide for State ExpenditUres,as indicated: Reimbursement Match Cater CI El Salaries/Wages Ovet-licad/itidii•ect/Getici-,tI and Administrative Costs: Cl 0 a, Fringe Benefits,N/A. to 0 b, Indirect Costs,N/A. 0 Contractual(Subcontractors) n 'navel r-I EqUipment El E] Rental/Lease of Equipment IL 0 Ej Miscellaneous/Cither f xpenscs Ell 0 Land Acquisition 5. Til Additional compensation for travel is not authorized tinder-this Agreement, x 6. Equipment Purchase. No Equipment Purchases shall be founded under-this Agreement. as 7. Land Acquisition. There will be no[,and Acquisitions funded under this Agreement. 8. Match Requirements There is no match required on the part of the(3rantee under this Agreement, 9. Insurance Requirements Attachment 2 1 oft Rm 12/1112018 Packet Pg. 155 Re-q-ti-i-re-c-I—C—o-v—t,r,t,Lye. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and Fruits described below. The limits of coverage under each policy maintained by the Grantee shall riot be interpreted as limiting the Grantee's liability and obligations tinder the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of,Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Lia jLity 1jus Lrance. 0 The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability 06 insurance at all times during the Agreement. The Department,its employees,and officers shall be narned U) as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each C Occurrence and$500,000 policy aggregate, b. Commercial Amtomobile Insurance, If the Grantec's duties include the use ol:'a commercial vehicle, the Grantee shall maintain automobile liability,bodily in ury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall CL be named as an:additional insured on any autoinobile insurance policy. The mirrimuni limits shall be as I- 0 follows: 4- $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 1 fired and Non-owned Automobile Liability Coverage c. Workers' Compensation and EnIglo er's Liqbifity Coverave. C 0 The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S.,and employer's liability insurance with minfinum limits of$100,000 per accident,$100,000 per person,and$500,,000 policy aggregate. Such policies shall cover all employces engaged in any work under the Agreement. 0 d. Other Insurance,None. as 10. Quality Assurance Requirements. Mn ']'here are no special Quality Assurance requirements Under this Agreement, 11. Retainage. mm No retainage is required under this Agreement. 11 Subcontracting. era 'fire Grantee May subcontract work under this Agreement without the prior written consent of the.Department's Grant Manager except for certain Fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all Work to be C performed under this Agreernent, CL 13. State-owned Land. W a The work will riot be Performed on State-owned land, U_ 14. Office of Policy and Budget Reporting, ']'here are no special Office of Policy and Budget reporting requirements for this Agreement. X 15. Additional "rerms. W 4i C 0 E Attachment 2 2of2 Rev 112/11/2M Packet Pg. 156 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: SDO05 ATTACHMENT PROJECT TITLE: Monroe t CLoo 0 _inty Marine Debris Rgmoval-- PlUgged Canals 06 PROJECT LOCATION: The Project will be located in up to five plugged canals thrOUghOut r_ Unincorporated Monroe C01111ty in the Florida Keys: Canal Narne Latitude Longitude Estimated Cubic Yard of Debris to be Removed 19 Key 1_,argo Split 25 2100460 -803388620 100 CILL 20 Key 1,argo 25.19442411 -80.350015" 200 0 62 Rock Harbor 25.0901220 -80,4601190 100 0 309 Big Pine Key 24-6665570 -81364926�' 500 448 Big Coppitt Key 24.595305" -81,6479190 100 0 u PROJECT BACKGROUND: The Water Quality Protection Program(WQPP)Action Plan of the f1orida Keys National Marine Sanctuary identified impaired water quality in residential canals as a priority for 0 E corrective action, T On September 10, 2017 the Florida Keys was Stl-Lick by Hurricane Irma, as Category 4 storm which caused extensive damage to homes and properties. A significant arnoLint of debris was deposited in the canals adjacent to the daniaged homes and properties as a result of the hurricane force winds, Monroe COLInty requested funding assistance front the United States Department of Agriculture(USDA) 2 National Resources Conservation Set-vice(NRCS) Emergency Watershed Program (f"WP). ']'his program LO provides public assistance funds for disaster, response related unatine, debt-is removal and disposal operations. USDA MACS approved Monroe COL111ty'S$45 million application to assist with the removal of marine debris from the 171 eligible canals thrOl.lghOtit the Florida Keys, The prograrn didn't approve the removal of debris fi-orn most plugged canals based on program eligibility IL guidelines looking at flooding potential impacts and not water quality concerns. The hurricalle generated W marine debris is made Lip of vegetation,construction and demolition,and hazardous materials that is causing, a a significant water quality and human health concern 1 within these 110114LIShing PlUgged calla[systems. It u I- a is anticipated that with the removal ofthe hurricane generated marine debris the water duality and hurnan health concerns will be improved. x Therefore, Monroe County is seeking qualified firtris for marine debris removal services for the W aforementioned plugged canals as a result Of Hurricane 1runa. Services will inCILldC, but not be limited to- debris removal fi-0111 plugged canals in unincorporated Monroe COLinty; separation, temporary storage, E m redLiCti011,processing and disposal at the County's designated Disaster Debi-is Management Sites(DDMS) provided by Monroe C01,111ty; managernent, of the DDMSs; hazardous waste handling; haLlI OLlt to final disposal sites-,and assistance with State reporting and reinibursernent efforts. These FIVe plugged catials within Lill i ncorporated Monroe County were selected because they were not approved by the USDA NRCS EWP, These canals were identified as heavily impacted by hurricane marine Attachment 3,DE11 Agreement#�SD005 I of 6 Rev.5/3/2017 Packet Pg. 157 debris utilizing theNOAA ERMA(Environmental RespoiiseMatiageiiient Application)database,side scan surveys,and homeowner outreach dOCUmenting the debris within tile canals, In the event the funding doesn't cover all of tile r1VC PlUgged canals Within Lill incorporated Monroe County, the County will prioritize tile selection of the canals based on the following criteria: 1) Level of impact based on NOAA ERMA database and side scan surveys 0 2) Pre Irma Water(;finality Surnmary from the Canal Management Master Plan Database 06 3) The number of lionles adjacent to canal U) PROJECT DESCRIPTION: The Contractor will be responsible ror the removal of marine debris from up to 5 of the plugged canals. 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(Big Pine Prison and Rowell's Park DDMS), inClUding oversight of operations for the pro ect, IL J L_ 0 4- Tile County will be responsible fir renewing tile reqUired FDEP authorizations 10 C011tillLIC to operate the approved DDMSs in compliance with all applicable Department regulations. Alternatively, the debt-is niay be taken to a DEP-permitted solid waste transfer station for disposal, 0 The definition of triarine debris includes but is not limited to: > 0 • Vegetation, hazardous waste,construction and demolition debris, propane tanks, white E 0 goods,e-waste, docks, non-marine vehicles, motorhornes, seawalls,and houses or portions of W houses, .0 • Identification, removal, transportation,and disposal of, traps and other nian-made materials, and floating structures. Detailed Responsibilities. LO 0 'File Contractor will assess total potential volume or area(linear feet or area of canal or shoreline, tons, cubic yards, etc.) for the arnount 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 laying.along the bottom —potentially under kiyer(s)of'silt, sediment or sand. IL W The Contractor shall use all necessary measures to ensure that all rnarine debris is removed a frorn the canal. Such niarine debris ShOUld not be debris attached to personal property unless permission is provided to remove SUch debris. Ali effi)rt should be made to contact a property a 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. X W Contractor shall be responsible fear obtaining access to the plugged canals E • The Contractor will perform pre-ret-noval assessment and mapping of canal debris using cost- 0 effective technology, including side scan sonar or other methodology, to provide 2 identification and assessment of debt-is locations—,if reqUested by the County. • The Contractor shall also be responsible for and make good all damage to fionleowner 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. Tile Contractor Attachment 3,DEP Agreenient 4:SDO()5 2of6 Rev,4/30/2018 Packet Pg. 158 shall produce a pre-construction video to document tile current conditions, in the event ally damage to private property occurs the pre-construction video will be used to document tile conditions prior to damage. The documentation shall utilize a high-resolution digital video camera with extended still 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 tile orientation, 0 location, and description of features. The documentation shall accompany a written log which 06 docurnents the aforementioned items and shall contain bright, sharp pictures with aCCUratC .0 colors and shall be free from distortion or any other significant picture imperfection. I I lie C audio portion of tile recording shall reproduce the commentary of the camera operator with proper volurne, clarity, and be fi`ee of distortion. The construction shall not proceed until the County have reviewed tile documentation and notified the Contractor of its acceptability. IL I- • The Contractor shall be cognizant of the various working conditions to be:encountered under 0 this contract for tile plugged canals, ie. no direct boating access, shallow depths surrounding the canals and deep canals. C 0 • The Contractor shall be responsible tbr returning all DDMS's to their pre-debris storage condition and shall provide such environmental tests OrStUdies as may be required by the County in order to prove cleanup. 0 E The County will be responsible for locating and providing DDMSs,sites at County expense and U) obtaining and paying for necessary permits and authorizations for appropriate DIMS sites. The Contractor will be responsible for the management and oversight of the County designated DDN4Ss for storage of marine debris prior to appropriate final disposal. The Contnactor will be responsible for preparing each DDMS site to accept debris, to include LO clearing, grading, erosion control, construction and maintenance;establishing site layout; providing all management, Supervision, Jabot-, machines, tools and equipment for the acceptance, processing, reducing and sorting of debris, C IL • Vegetative debris reduction shall be performing by chipping/grinding only. W a U_ • The Contractor is responsible for compliance with all Florida Department of Environmental Protection (DfP)authorizations and permits at the site. x • The Contractor is required to ensure that the DDMS site is secure and not accessible by the W public during operation and after working hours, 4j C 0 E • After the debris has been reduced and hauled to final disposal sites,,the contractors will be responsible I'm 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. • Debris will be sorted into clean vegetative, C&D, seaweed/seagrass, sediment,white goods and household hazardous waste. Vehicles and vessels shall be store([separately on site. Attachment 3,DEP Agreement#:SD005 3 of 6 Rev.4/30/2018 Packet Pg. 159 • All debris sliall be mechanically loaded all([ reasonably compacted ill 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 E • Provide daily reports oil all debris recovery operations to includeall equipment a 0nd personnel m used to the monitoring firm. 0 06 The Contractor will be responsible For providing all necessary equipment and personnel to load a .0nd m C haul eligible marine debris, white goods, vegetation,C&D and seaweed/scagrass fi-om the DDMS, site to final disposal sites, TASKS and DELIVERABLES: IL Task#1: Marine Debi-is Removal 0 Task Description: The Grantee will subcontract the work to a qualified and licensed contractor, C selected through the Grantee's procurement process, The subcontractor will remove the debris from 0 the canals, The subcontractor will keep records of the amount of debris removed and any records associated with disposal of the rernoved material, 0 E Deliverables: 'File Grantee will remove marine debris from canals(tip to five plugged) in accordance with the debris renioval contract document and provide reports with metrics showing the quantities Mn (i.e. cubic yards) of debris that were removed from each canal and documentation of the proper .0 management and disposal of all wastes (including hazardous wastes ot, materials) to establish compliance with applicable regulations. Performance Standard: The Department's Grant Manager will review the dclivcrables to verify that they mect the specifications in the Grant Work Plan and this task description. LJpon review and written LO acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with Payment request SUbill ittal. (n C 11'ayment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more fr-equently than nionthly , IL U_ Task Budget: $90,000.00 Task Start and End Dates: Start execution date; End —06/21/19 x Deliverable Due Date: All task related work must be completed by, and all deliverables Must be III 4j received by, the task end date. C 0 E Task,#2: Project Management and Disaster Related Services Task Description: The Grantee will Subcontract the work to a qualified and licensed consultant, selected through the Grantee's procurement process. 111C Consultant will monitor the debris removal contractor's removal of the debris From the canals. The consultant will keep records of the aniount of debris removed and any records associated with disposal of the removed material and ensure tile Attachment 3,DE11 Agreement#:SDO05 4 ot`6 Rev,4/30/2018 Packet Pg. 160 management of the project and disaster related services are in compliance with all state statutes and local ordinances. Deliverables: Completed project that is in compliance with all state statutes and local ordinances and provide copies of the records of the amount of debris removed and any records associated with disposal of the removed material, 0 Performance Standard: The Department's Grant Manager will review the deliverable to verify that 06 it meets the specifications in the Grant Work Plan and this task description. Upon review and written .0 acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. IL I.. 0 Task Budget: $10,000.00 Task Start and End Dates: StartexeCLItion date; End—06/21/19 0 U Deliverable Due Date: All task related work 111LIst be completed by, and all deliverables IIILIst be received by, the task end date. 0 E 0 PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all W 0) deliverables must be receive(] by the designated (lyre date, Task/ as Deliverable Task Title Task Start Date Task End Deliverable No Da te Due Date . Marine Debt-is Removal Execution date 06/21/19 LO 06/21/2019 2 Prc�jcct Management/Oversight EXCCU6011 6/21/20 191 (n BIJD(;FIT DETAIL BY TASK: . IL W Task NO....... 'Budget Category Budget Amount! a U_ Contractual Services $90,000 Total for Task: $90,0100 2 Contractual Services $10,000 Total for Tai=kt:_:::� X W PROJECT BUDGET SUMMARY: Cost reimbursable grant funding niust not exceed the category totals 0 for the prqject as indicated below, E [g rr M Contractual Services Total $100,000 Total: $100,000 Attachment 3,,DFIT Agrcement 9:St O05 5 of6 Rev.4/30/2018 Packet Pg. 161 RFMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 06 IL I.. 0 0 0 E T LO CD IL w a U- x w 4i E Attachment 3,DEII Agreement 0:SDO05 6 of 6 Rev.4/301-7018 Packet Pg. 162 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 I. Public Records. a. Ifthe Agreement exceeds$35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all docurnents,papers, letters, or other material, regardless 0 of the physical form,characteristics, or means of transmission, rnacle or received by Grantee in C011jUnCtiOn with tile 0 Agreement (Public Records), unless the Public Records are exempt from section 24(a)of Atlicle I of the Florida 06 Constitution or section 11 9-07(l), F.S. U) K The Department may unilaterally terminate the Agreement if Grantee refuses to allow pUblic access to Public Records as required by law, 2. Additional Public Records Duties of Section 119.0701,F.S., If Applicable. For tile, purposes of this paragraph, the term"contract" nicans the"Agreenient." If Grantee is a"contractor"as defined in section 11 9.0701(l)(a),I".S., tile following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. (L b. Upon request, provide Department with a copy of'requested Public Records or callow tile Public Records to be 0 inspected or copied within a reasonable tirne at as cost that does not exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law. C, A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to 0 penalties under section 119,10, FS. U d. Ensure that Public Records that are exempt or confidential and exempt froin Public Records disclosure reqUirelnents are not disclosed except as authorized by law for tile duration of tile contract terIT) and FOHOWing COMPICtiOn Of tile 0 E contract if the contractor does not transfer the Public Records to Department. as e. Upon completion of tile contract,transfer,at no cost,to Department all Public Records in possession of the contractor U) or keep and maintain Public Records required by Department to perform the service. if tile contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt frorn Public Records disc I0SU1'e reciturenients. Ifthe contractor keeps and maintains Public Records upon completion of the contract, the contractor shall illeet all applicable requirements for retaining Public Records, All Public Records stored electronically must be provided to Department, upon request 1rom Department's custodian of Public Records, in a format specified by Department as compatible with LO the information technology,systems of Department, These formatting NqUirernents are satisfied by using the data CD forrnats as authorized in the contract or Microsoft Word, Outlook, Adobe, or ("xcel,and any soilware formats the contractor is authorized to access, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC 3S W RECORDS RELATING TO THE CONTRACT,, CONTACT THE DEPARTMENT a CUSTODIAN U- OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: vubfic.servitLes (i'j1otjL1ade ,()v L X Mailing Address: Department of Environmental Protection W ATTN: Office of Ombudsman and Public Services E Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachinent 4 1 of I Rev.4/27/2018 Packet Pg. 163 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be refieri-edio as the"Dej�arlmenl", "DEP", "b'DE'l)"or "Grantor", or other name in the qv,-eemem)to the recipient(avhich may be 0 rcj&t,r(;d10 as the 'Wecil*171", "Grantee"or other naive in the qgix?einent)may be sub?ject to audits and/or monitoring 06 by the Department of 1EInvironniental Protection,as described in this attachment. .0 C MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F,and Section 215.97, I:`.S,as revised (see"AUDITS"below), monitoring procedures may include, but not be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-]33,as revised, 1L and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to 0 comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of EInvironincrital Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional histructions provided by the C Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any 0 inspections,reviews, investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General, AUDITS 0 as PARTI: FEDERALIA FUNDED .0 This part is applicable if the recipient is as State or local government or a non-profit organization as defined in OMB as Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014),or as defined in 2 CT11 §200,330 (for fiscal year start dates after December 26,2014). I. In the event that the recipient expends $500,000 ($75!0,000 for fiscal year start dates after December 20, 2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit LO conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal Funds awarded through the Departillent of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, C the recipient shall consider all sources of Federal awards, including I"ederal resources received frorn the Department of Environmental Protection. The determination ofarnounts of Federal awards expended should be in accordance with the guidelines established by OMB Cil-CUlar A-133, as revised,and 2 CFIZ Pall 200, 1L W Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of a OMB Circular A-]33,as revised,and 2 Cflt Part 200,Subpart V,will meet the requirements orthis part. U I- a 2. In connection with the audit requirLirients addressed in Part 1, paragraph 1, the recipient shall fulfill the :2 requirements relative to auditee responsibilities as provided in Subpart C of 0MB Circular A-133,as revised, and 2 CFR Part 200,Subpart F. X W 4j C 3, 1 f1he recipient expends less than $500,000(or$750,000,as applicable) in Federal awards in its fiscal year, 0 an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,and 2 CFR Part E 200, Subpart F, is not required. In the event that the recipient expends less than $500,000(or$750,000, as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-]33,as revised,and 2 CFR Part 200,Subpart F the cost of the audit must be < paid f1rom non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Attachment 5 1 of 5 Rev.'P18/2018 Packet Pg. 164 4. The recipient may access information regarding the Catalog of ederal Domestic Assistance(CFDA)via the internet at www 2nLnAWL92i PART 1111: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, L ]it the event that the recipient expends a total amount of state financial assistance equal to or in excess of 0 $750,,000 in any fiscal year,of such recipient,(lie recipient must have a State single or project-specific audit 06 for such fiscal year in accordance with Section 215,97,Florida Statutes;applicable rules of the Department .0 offinancial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmentat Protection, other state agencies, and other nonstate entities. State financial assistance does not include IL Federal direct or pass-through awards and resources received by a nonstate entity for Federal program L_ matching requirements, 0 2. In connection with the audit requirements addressed in Part 11,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a 0 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10,650(nonprofit and lbr-profit organizations),Rules of the Auditor General, 0 E 3, If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required, In the event that the recipient expends less than$750,000 in state financial assistance in its liscal year,and elects to have an audit IT conducted in accordance with the provisions of Section 2 15-97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources(i.e,,the cost of such an audit must be paid firorn,the recipient's resources obtained from other-than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access 2 the Florida Single Audit Act website located at IqVKHaLtp Qdj,,5. (,r)n/fsaa for assistance, In addition to the in above websites, the following; websites may be accessed foi- information.- Legislature's Website at CD lilt):/Av bra la, �s n I chub?, CD c ex,cl i, State of Florida's website at Department of Financial Set-vices' Web�site at w�,,Qdfi,cqm/arld the Auditor General's Website at llttP,,,// wml Coi 1/au g m.-LIO—ri ctj.--. i PART I H:O'n I E R A 0 DIT R EQ1 J I R EM ENTS IL W (NOYT: This part would be used 10 vec�lj)any acklilional audil requirement,5 imposeel b))the Stene auwrc,1inA!eniitY LL that mv,solelY a miller ql'111411,901e few arching;enlil�'spolivj,(i.e., the emelitis noo-equiredbj,fecterol or State lms�s and i.y no/in confliel i 01h other 1,ecle,-ell ol°Slate mulil i-equ h vmenl.y). Sicife qgencie y inqj,conclucl or arraqgefir tiudiis qlWlalefilmineial assistance Wit are in acklition to auctitV conchocled in accorchmce with Section 2'15.97, blorielciStatille.v, In such an event, the State aw(n-clingagencil musl(irrangefir X fiimthig the ill cost c?fsuch ti&litionol W PART IV:REPOR]"SUBMISSION E m I Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted,when required by < Section .320 (d),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or oil behalf of tile recipient directly to each of the following; Attachment 5 2 of 5 P,Lv 71181201:8 Packet Pg. 165 A. The Department of EnvironmentalProtection at one of the following,addresses: By Mail: Audit Director- Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,I'lorida 32399-3000 0 Electronically: 06 t.'.RH—'Simq LeAOJ-t .0 -swtc.ll ms M C 13. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections.320(d)(J)and(2),OM13 Circular A-133), as revised,and 2 CFR§200.50 1(a)should be submitted to the rederaf Audit Clearinghouse),at the following address: CL I.. Federal Audit Clearinghouse 0 Bureau of the Census 1201 East 10th Street C Jeffersonville,IN 47132 0 U Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, '@ 2008,must be submitted USiug the Federal Clearinghouse's Internet Data Entry System which can 0 be found at lit(11:011ary E C Other Federal agencies,and pass-through entities in accordance with Sections.320(e)and(f), .0 OMB Circular A-133,as revised,and 2 CFR§200,512, as 1 Pursuant to Section .320(f),OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c),OMB Circular A-133,as revised, and 2 (TR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection C Office of the Inspector General,MS 40 3900 Coninionwealth Boulevard CL Tallahassee,Florida 32399-3000 W a U- Electronically: 3, Copies of financial reporting packages required by PART 11 ofthis Attachment shall be submitted by or oil x behalf ofthe recipient AiLqqtly to each of tile following: W 4j C A. The Department of Environmental Protection at one of the following addresses, 0 E By Mail: Audit Directoi- Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Attachment 5 3 of'5 Rev 718/2018 Packet Pg. 166 C.3.b Electronically: ll)l l', rem l A_udrtirr7cicla,�t<atc,_Pl__us Bi l'he Auditor General's Office at the following address: State of Florida Auditor General � Room 4t11,Claude Pepper E3uildin I I 'tti,"est Madison Street 06 Tallahassee,Florida 32399-1450 r) 4. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or � on behalf of the recipient directly to the Department of'Environnmental protection at one of the. following � addresses. By Mail.- Audit Director IL Florida Department of Environmental protection L. Office of the Inspector General,MS 40 4- 3900 Coin mon ealth Boulevard � Tallahassee,Florida 32399-3000 0 Electronically: „Ifl,l�`irre lr aiclrtfcarcicpl t etc..{.).0 0 5. Any reports, management letters, or other information required to be submitted to the Department of E Environmental protection pursuant to this Agreement shall be submitted timely in accordance with OM13 Circular A-133, as revised, and 2 C:FR part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local Mn governmental entities)or 10.650 (nonprofit and for-profit organizations), Mules of the Auditor General, as � applicable. 6, Recipients,when submitting financial reporting packages to the Department ofI ravironinental protection for � audits done in accordance with OMB Circular A-'133,as revised and 2 C FR fart 200,Subpart F",or Chapters 10.550,(local governmental entities)or Itb 650(nonprofit and for-profit organizations), Rules ofthe Auditor- LO General,should indicate the date that the reporting package was delivered to the recipient in correspondence CD accompanying the reporting..package.PARTV: RECORD RETENTION � ras The recipient shall retain sufficient records demonstrating.its compliance with the terms of this Agreement fora period IL of five(5)years frorn the elate the audit report is issued,and shall allow the Depar-tinent of Environmental protection,, W or its designee, Chief financial O licer, or Auditor General access to such records upon request, The recipient shall U- ensure that audit working papers are made available to the Department of Environmental protections,or its designee, Chief Financial Officer,or Auditor General upon request For a period ofthree(3)years from time date the audit report is issued, useless extended in writing by the Department of Environmental protection. Attachment 5 4of5 r'ak 71Cd20B Packet Pg. 167 0 C EXHIBIT I FUNDS AWAR1::EDT011,11" "F`(J'f"FF'IS AGRE"EMENTCONSIST OF THEFOLIAMN& Fedvi-M Resources Awanled to(fie Rerimend Pus-suant to ibis grcellient Consist Pill'the 11ollosving,,A CL P'eduaf L- Suite 0 Progr-ani CFDA Appropriation 4— Number ---jLderal Aj�Pncy CMATifle mum ................. ................ 0 -State es ources Awama to flle Recipient 11firsunilt to this, LomVillem Consist of the f"ollowing NhitchillL Resouno for I-Pedcral Progs ins: Stmata > m Appropriation E Number ........... C['DA CFDATitic Catemory Mn Slate ResourcesAwarded to(lie Red tent ursumit to flik A'reelt Co Isist of tile Followin Resotil, to Section:215.97, State CSFAI"ite Slaw C Nagram Stale 7 CSFA or Appropriation Number Fiscal YQ.r Number FIIIIL21LS=DeSvP i1mil", Category Gencru�Appropriations, 37150700 Line Min 1552,Witter Florida Keys NairPorral Manne tCe QuAhly AssuraPiceTrust 2018-20V9 37,088 Sanctuary Support 1 $100,0010 030000 1 Fund C m I q)000,00 Tol'- I= mfified above,tire recipierit shall comp I y with 1 1110 pgogram described in Ili e�CaW I og of Federat Dorm,,0ic Ass Pma nce(Cl'I)A)�at w For each piogram We CL wNk c I d�I and/or,I tic Fl or ithi Calalog of Stale Fin a Pic W Assistance(CS I-'A) hAlj&�"�Ippsfltq:b_CaarrpIs N4-1�'gE h(AtktkT,;sp nw:�[ The sees1purposes for wfuch the funds arQ to be used are included in the Agrcewtnt's Grant Work Man Any match required by Phe kocipicnit is clearly indicated in the Agreement. Atutdiumiat 5,Exidbil 1 5 of'5 x w 4j C 0 E Packet Pg. 168 DEPARTMENT OF ENVIRONMENTAL PROTEurION Progress Report Form Exhibit A DEP Agreement No.: SDO05 Grantee Name: Monroe County Board of County Cornmissionei-, 0 Grantee Address: 102060 Ovcrseas,.Hw , Suite 246, Key Largo, FL 33037 06 U) Grantee's Grant Manager: Rhonda Haag Telephone No.: 1305-453-8774 Reporting Period: Project Number and Title: 5DO05---Monroe County Marine Debds Removal-Plugged Canals (L I- Provide the following information for all tasks and deliverables identified in the Grant Work 0 Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for 0 any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. 0 E The following format should be followed: U) Task 1: Progress for this reporting period: Identify any delays or problems encountered: LO CD (L W a u- ........ ........... This report is submitted in accordance with the reporting i-equirenients of Dl,.P Agreement No, X 5DO05 and accurately reflects the activities associated with the project. W E Signaftffe of Grantee's Grant Manager Date Exhibit A,DI'll Agreement#:SD005 I of I Rev,5/30/2017 Packet Pg. 169 Exbib,it C PAYMENT REQUEST SUMMARY FORM D Ell Agreement No.: SD005--Agreement Effective Dates: Grantee: -Monroe County Boarf C m Grantee d OOUnty Cora 's Grant Manager: --Rhonda 1,,iaag,,,,, Mailing Address: 102060 Overseas Hwy, SUite 246, Key Largo, FI, 33037 0 Payment Request No. ..... Date of payment ReqUeSt: Performance Period (Slart dene-End date): 'a 0 as cm Task/Deliverable No(s). Task/Deliverable ArriOLInt ReqUested: 2 IL I.. GR ANT EXPENDITUR,ES SUMMARY SECTION 0 AMOUNTOF TOTAJ, MATC'11ING TOTAL 0 CATEGORY OF EXPENDITL)RE THIS11EQUEST CUMULATIVE FUNDS FOR CUMU1,ATIVE (As authorized) PAYMENT TIIIS REQUE91" MATCHING RE21JEsTs FUNDS 0 Salaries/Wages $N/A E $N/A $N/A Fringe Benefits S N/A $ $N/A $N/A U) Indirect Cost $ N/A $ $N/A $N/A Contractual(Subcontractors) $ $ $N/A $N/A Travel $N/A $ $N/A $N/A Equipment(Direct Purchases) S N/A $N/A $N/A Rental/Lease of Equipment $N/A $ $N/A $N/A LO Miscellaneous/Other Expenses $N/A $ $N/A SNTA Land Acquisition $ N/A $N/A $N/A TOTAL AMOUNT $ $ $N/A $N/A .. .... IL $ "N/A JIN/A TOTAL TASKIDELIVERABLE $ $N/'A BUDGETAMOUNT sN/A N/A -111-7 Less T�'ial Cumulative Payment $ Re tiests of.- TOTA-,-.-REMAININC. IN TASK $ N�/A x GRANTEE CERTIFICATION E m Complete Grantee's Certification of Payment ReqL[CS( Oil Page 2 to certify that the aITIOLInt being reqUested for reinibUrsernent above was for items that were charged to and Utilized only for tyre above cited grant activities. Exhibit C,DkP Agreement#:SD005 I of3 Rev.2/23/18 Packet Pg. 170 Grantee's Certification of Payment Request Oil behalf of (Print none of Grantee's(Ji-ant Manager designated in the Agreenient) do hereby certify for (11rint narne of Grantee/Recipient) 0 06 .0 DEP Agreenient No, and payment Request No, that: 0 The disbUrsernent aITIOUnt requested is for allowable costs for the project described in Attachnient A of the Agreenient. IL 2 All Costs included in the amount requested have been satisfactorily purchased, performed, received, and I.. applied toward cornpleting the project; SUCII costs are dOCUrnented by invoices or other appropriate 0 documentation as required in the Agreernent, 2 The Grantee has paid SLICII costs under the terms and provisions of contracts relating directly to the project; 0 and the Grantee is not in default of any ternis or provisions of the contracts. Oieck all that app v below: 0 E 0 AH pernlits and approvals reqUiredfor the construction,which is underway, have been 0 obtained. W Mn 0 Construction up to the point of this disbursernent is in compliance with the COnStI'LICtiOn plans and pernlits. 0 The Grantee's Grant Manager relied on certifications froin the Following professionals that provided services for this project during the tirne period covered by this Certification otTaynient Request,and SLICII certifications are inClUded: LO Professional Servi,ee provider(Narne l License No) eri odALetyi cc 7l,!4d/yy—rnnnlcjd/yy CD —-—-------- ------- ........... ..... ... IL W U- ............... ................... x W 4i ...... ......... Grantee's Grant Manager Signature �ITITGrantee's.Fiscal Agent Signature E ..................... Print Narne Print Nairie ............ ........... ............ Telephone NUniber Telephone Number Exhibit C,DEP Agreement#:SD005 2 of'3 Rev.2/23/18 Packet Pg. 171 INSTRUCTIONS FOR COMPI,ETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the nUrnberon your grant agreement. AGREEMENT EFFECTIVE DATES: F."'liter agreement execution date thrOLIgh end date. GRANTEE: Enter the name ofthe grantee's agency. GRANTEE'S GRANT"MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS. Inter the address that you want the state warrant sent, m PAYMENT REQUEST NO.: This is the nUnIber Of Your payment request,not the quarter number, 0 DATE OF PAYMENT"REQUEST: '['his is the(late you are SUbillitting the request, 06 PERFORMANCE PERIOD: This is the beginning and ending date of tile performance period for tile task/deliverable .0 that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or clairning match for(j-nLISt agree with the CUrrent Grant Work Plan). TASK/DELIVERABIX AMOUNT REQUESTED: This should match the amount on tile "TOTAL TASKIDEL 111ERA BLE BUDGETAMOUNT"Line for the"A MOUNT OF THIS REQ(.IES7"col u nin. (L L GRANT EXPENDITURES SUMMARY SECTION: 0 "AMOUNTOFTHIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement ffir this task. This must agree with the currently approved budget in the 0 current Grant Work ]"[an of your grant Agi-cenient. Do not claim expenses in a budget category that does not have all approved budget. Do not Claim items that are not specifically identified in the current Grant Work Plan. Enter tile colLiniii total on the"To DILAA4O(/N7"Brae, Eli(er the arnou nt of the task on the"707A L 7ASK BUDGETA MOUNT' 0 line. Enter the total cumulative amount of this request and all previous payments oil the"LESS 7`07AL(.'UAfULA7'7VE' E 1l,,I)"A41'IV7'REQ(,IE,,S7'.S OF" line. Deduct the "LIESS TOTAL C(AVIULATBIE 11AYA1EN7"RE()UE4ST8 OF, from the "TOYAL 7ASK BUDGETAHOUNT' for the amount to enter on the'707AL REMAINING IN TASK"line. .0 "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the Cumulative amounts that have been requested to date for reimbursement by budget category. 1"he final request should show the total of all requests; first through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Inter the COIL111111 total oil the"TOIALS"line. Do not enter anything in the shaded areas. LO CD "°MA,rCHING FUNDS" C0I,UMN: Enter the arnOUnt to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the'707AL AA1OUY7" line for this column. Enter the match budget aniount on the "TOTAL TASK BUDGETAHOUNT" line for this COIL111111. F.:nter the total CURRIlative amount of"this and any prev iOLIS match claimed on the"LENS 701A L CUj11fUJA TIVE PA IMEN7S OP'line for this column. DedUCt the"LK5S (L 7'()7;4LC(JA4111,.A7'YVb,'PA)"A,11!"N7S(.)I--'fi°otii the"7'(77AL7A,S',k'Bt.IDGE7'AMOIJNI"' foi-tlieaiiiOLlllttOelItCI'011rite W TO 7A L 1?1-;'MA INING IN TAW'line. a U- "TOTAL,CUMULATIVE MATCHING FUNDSS"COLUMN: Enter the currinlative amount YOU have claillied to date for match by budget category for the task. Put the total of all on the line titled"TOIALS." Tile final,report should show the total of all claims, first claim through the final claim,etc. Do not enter anything in the shaded areas. X W 4j GRANTEE'S CERTIFICATION: Check all boxes that apply. identify any licensed professional service providers r- 0 that certified vA 1'k or services completed during tile period included in the request for payment. Must be signed by E both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel,you intist include copies of receipts and a copy of the travel reimbursement forma approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit C,DEP Agree nient ff.SD005 3of3 Rev.2/23/18 Packet Pg. 172 AMENDMENT NO. I TO AGREEMENT N .LP44073 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROECOUNTY 0 This Amendment to Agreement No.LP44073(Agreement)is made by and between the Department of Environmental 06 A Protection (Department), an agency of the State of Florida, and Monroe County (Grantee), on the date last signed iu below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Canal #75 Backfill Restoration and Canal Skimming Demonstration Program Projects,effective April 14,2017;and, cm 2 IL WHEREAS, the Grantee has requested a revision in the scope of work and an extension of the Agreement to allow L time to complete an additional task;and, 0 WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. 0 NOW THEREFORE,the parties agree as follows: 0 1. The Agreement is effective until December 31,2020. The reimbursement period for this Agreement begins E on July 1,2016 and ends at the expiration of the Agreement, The Department and the Grantee shall continue 0W to perform their respective duties during this extension period pursuant to the same terms and conditions U) provided in the Agreement. 2. Section 3.of the Agreement is hereby deleted in its entirety and replaced with the following: as ea FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of S1,500,000 for completion of the work described in Attachment A-2. The parties hereto understand and agree that this Agreement does not require a match an the part of the Grantee. Q Iq Iq IL B. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following:(1)an increase or decrease in the Agreement funding amount;(2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; IL and/or (4) changes to the cumulative amount of funding transfers between approved budget W categories,as defined in Attachment A-2,Revised Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department.A change order W to this Agreement may he used when: (1) task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment A-2, Revised Grant Work Plan, are less than twenty percent (20%)of the total X W budget as last approved by Department;and/or(3)fund transfers between budget categories for the purposes of meeting match requirements.This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. E C. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds DEP Agreement No.LP44073,Amendment No. 1,Page I of 5 1 Packet Pg. 173 C.3.d between approved budget categories,as defined in Attachment -2,are less than twenty percent(20%)of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget 06 categories,as defined in Attachment -2,exceeds or is expected to exceed twenty percent uy (20%)of the total budget as last approved by the Department.All Amendments are subject to the mutual agreement of both parties as evidenced in writing. et DI. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon cm the completion, submittal and approval of each deliverable identified in Attachment - , in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment - IL 2,Revised Payment Request Summary Form,To be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: UIQtp„` ,,, I,y am„u,.; ( ,,,ir�sni/aadi,r,ireferencu g. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, A final payment request should be submitted to the Department no later than U sixty(60)calendar days following the completion date of the Agreement,to assure the availability of funds for payment. All work performed pursuant to Attachment A-2 must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. W 2 E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C,Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: iii. Contractual (Subcontractors) Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall M clearly identify the personnel involved,salary rate per hour,and hours spent on the project. Q All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and IL administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated IL based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer(CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with Chapter 69I-72, Florida Administrative Code(F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement,in writing,on its subcontractors. For fixed-price(vendor)subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A- . Invoices submitted to the Department for fixed-price subcontracted activities shall DEP Agreement No.L44073,Amendment No. I,Page 2 of 5 Packet Pg. 174 C.3.d e supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(i.e.,Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the as paragraph above. In this instance, the Grantee shall request the advance written approval from theDepartment's Grant Manager of the fixed price negotiated by 06 the Grantee. The letter of request shall be supported by a detailed budget and U) Scope of Services to be performed by the subcontractor. Upon receipt of the @ Department GrantManager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. CL F. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction(invoice,payroll register,etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when 0 requested,must be provided within thirty(30)calendar days of such request. The Grantee U may also be required to submit a cost allocation plan to the Department in support of its � multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at as hl:l!p r.F: !:: :::.l ny',E);t 1,;liar.ai9::::t;;tu;u n rrt::`.rr; ,(,H;t�mi;t;;e �u'odel, Us G. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. as Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted an for received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled,the Department shall have the right to demand a refund,either in whole or in part,of the funds provided to the Grantee CL under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall C forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State CL Board of Administration. Interest shall be calculated from the date(s) the original payment(s)are received from the Department by the Grantee to the date repayment is made y the Grantee to the Department. in. In the event that the Grantee recovers costs,incurred under this Agreement and reimbursed y the Department,from another source(s),the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. 0 Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 1 Section 26. is hereby deleted and replaced with RESERVED. Attachment H, Public Records Requirements as attached to this Amendment,is hereby added to the Agreement. P Agreement No.LP4473,Amendment No. 1,Page 3 of 5 Packet Pg. 175 C.3.d 4. Section 27 of the Agreement is deleted and replaced as follows: SCRUTINIZED COMPANIES: A. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this 0 Agreement at its sole option if the Grantee or its subcontractors are found to have submitted a false certification; or if the Grantee, or its subcontractors are placed on the Scrutinized Companies that 06 Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. U) B. If this Agreement is for more than one million dollars, the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized U Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business 0 operations in Cuba or Syria as identified in Section 287.135,F.S.Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee, its affiliates,or its subcontractors are found to have submitted a false certification;or if the L Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. 0 U C. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. > 0 D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting as prohibitions then they shall become inoperative. U) a� 5- Section 31.is added to the Agreement as follows; REFUND OF PAYMENTS TO THE DEPARTMENT a Any balance ofunobliigated funds that have been advanced or paid must be refunded to the Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to the Department. 6 Attachment A-1, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2, Revised Grant Work Phan,as altached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment A-1 shall hereinafter refer to Attachment A-2,Revised Grant Work Plan. 7, Attachment B, Payment Request Summary Form, is hereby deleted in its entirety and replaced with Attachment B-1, Revised Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B,shall hereinafter refer to Attncliment B-1, Payment Request Summary Form. 8 Attachment D, Progress Report Form, is hereby deleted in its entirety and replaced with Attachment D-1, Revised Progress Report Form,attached hereto and made a part of the Agreement.All references in the Agreement to Attachment D,shall hereinafter refer to Attachment D-1,Revised Progress Report Form. 9. All other terms and conditions of the Agreement remain in effect.If and to the extent that any inconsistency ca may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. DEP Agreement No.LP44073,Amendment No. 1,Page 4 of 5 Packet Pg. 176 IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.LP44073 to be duly executed, the day and year last written below. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 BY: .............. By: ............... 06 A Sylvia I. Murphy,Mayor Trina L.Vielhauer,Division Director M Date: Date; IL ATTEST: Kevin Madok,Clerk L 0 By: Deputy Clerk Michael Isaacson,DEP Grant Manager 0 ATTORNEY Sandra Waters,DEP QC Reviewer Coj A > RM 0 E ERC FqMADO ea ASSISTANT List of attachments/exhibits included as part or this Amendment: Letter/ Specify Type Number Description(include number of pages) IL Attachment A-2 Revised Grant Work Plan EaLejs Attach ant B-1 Revised Payment Request Summarx I I Page) Attachment D-1 R v s d Pr Rep .. ............... Attachment H Public Records IL W W X W E DEP Agreement No, LP44073,Amendment No. 1,Page 5 of 5 Packet Pg. 177 C.3.d REVISED ATTACHMENT A-2 GRANT WORK PLAN PROJECT TITLE: Monroe County Canal #75 Backfill Restoration and Canal Skimming Demonstration Program Projects PROJECT LOCATION: The Canal#75 Project will be located in the Rock Harbor neighborhood within the unincorporated area of Key Largo,Monroe County,Florida. Project coordinates are Latitude/Longitude 06 (25.0704.1'-80.4622). See Figure 1 for a location map. PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal Management Master Plan(CMMP)in order to provide a framework to identify,prioritize and correct water quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific canal attributes to provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Canal#75 in Key Largo was identified as a Poor canal that is too deep, lacks oxygen,and is in need of a backfilling restoration. In 2015, the Grantee completed an EPA-sponsored alternative technology evaluation to address accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to E the use of the canal. The Grantee wants to test alternative methods that,if successful,may be less expensive for the muck removal process. The projects are designed to evaluate the cost,and effectiveness,of utilizing a an augmented aeration technology which introduces oxygen and potentially,microbiological organisms,to stimulate bacteria and other organisms to degrade the accumulated muck. On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties. A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects prior to this project.The restoration of Canal #75 in Rock Harbor involves backfilling,to raise(lie canal bottom, to 6 feet below the Mean Sea Level,which is the optimum depth to allow for tidal flow in and out of the canal. Additionally,The Grantee's contractor will remove marine debris from canals. Work includes identifying the location of sigmificant marine debris and removing and transporting the marine debris to debris Q. disposal sites. TASKS Task I: Canal#75 Design and Permitting Task Description: The Grantee has procured Wood Environmental and Infrastructure (Wood) prior to execution of this Agreement. Wood will complete the design of the Canal #75 backfilling project and obtain all necessary permits for construction of the project. The Grantee will submit documentation of preconstruction activities,as described below. DEP Agreement No. LP44073,Attachment A-2 Page 1 of 5 Packet Pg. 178 C.3.d The Canal#75 project will consist of(1)collection and processing of environmental and engineering data; (2)completion of 30,60 and 100 percent design plans;(3)preparation of permit packages for state,federal, and local permit applications; and(4)resident notification and staging area access coordination. Deliverables: Design completed to date as described in this task, as evidenced by these deliverables: 1) Signed acceptance of the completed work by the Grantee,2)Summary of design activities to date,indicating percentage of design completion representing time period covered in the payment request. 3) The final payment request for this task must be accompanied by an electronic copy of the final design and a list of 06 all required permits identifying issue dates and issuing authorities. Upon request,the Grantee will provide paper copies of obtained permits or permit related correspondence or documentation and the final design document. Performance Standard: The Department's Grant Manager will review all deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. IL L Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. 0 Task 2: Canal#75 Biddinz and Contractor Selection Task Description: The Grantee will subcontract the construction of the backfilling of canal #75 with a o qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this U) Agreement. Included in this task are pre-proposal meeting(s)in response to proposal questions. Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the bid;2)electronic access to all inquiries,questions,and comments regarding the bid documents, if applicable; 3) electronic copy of bid package; and 4) written notice of selected .� contractor(s)provided prior to submitting any invoices for the subcontracted work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. IL Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 3: Canal#75 Proieet Management IL Task Description: The Grantee's engineering consultant Wood will perform project management, to include field engineering services,construction observation,site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services,the Grantee will procure such services in accordance with state law. Deliverables: Completed project management activities to date as evidenced by: Interim progress status summaries including summary of inspection(s),representative photos,meeting minutes and field notes,as applicable,prior to submitting any invoices. Upon request by the Department's Grant Manager,the Grantee will provide additional supporting documentation relating to project management. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. DEP Agreement No. LP44073,Attachment A-2 Page 2 of 5 Packet Pg. 179 C.3.d Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 4: Construction of Canal#75 Proiect Task Description: The Grantee will construct the backfilling of canal #75 in Key Largo in accordance 06 with the final design(s) and required permits. Construction under this Agreement is the final phase of A construction leading up to the completed project. Wood. is providing the engineering oversight. Deliverable 4: Construction completed to date as described in this task,as evidenced by these deliverables: 1)Dated color photographs of on-going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). 0 U Performance Standard: The Department's Grant Manager will review the deliverables to verify that cu they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. U) a� Task 5: Canal Skimminp Demonstration Program a Task Description: The Grantee will implement a demonstration program for the removal and hauling of floating vegetation and debris from canals in Key Largo - to avoid having the material sink in the canals and contribute to the load of decomposing organic muck, which depletes the canal waters of dissolved oxygen. Deliverables: Construction completed to date as described in this task,as evidenced by these deliverables: 1)Dated color photographs of on-going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. DEP Agreement No. LP44073,Attachment A-2 Page 3 of 5 Packet Pg. 180 C.3.d Task 6: Marine Debris Removal Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal contract document and provide reports with metrics showing the quantities(i.e. cubic yards)of debris that were removed from each canal and documentation of the proper management and disposal of all wastes (including hazardous wastes or materials)to demonstrate compliance with applicable regulations. Documentation:The Grantee will submit with each payment request a signed acceptance of the completed 06 work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. 0 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE &BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all documentation must be received by the task end date. 0 Task Budget ; , udgefAm6unt Task�Start Task;End Task Title NoCato Date "date:. .., Canal#75 Design and Contractual t Permittin Services $34,973.08 09121/2016 06/301`201$ Canal #75 Bidding and Contractual 2 Contractor Selection Services $5,227 0921 '2016 06302018 as ° Canal#75 Project Contractual 3 Management Services $55,234.48 03/01/2017 12/31/2018 Construction of Canal Contractual 4 #75 Project Services $1,216,000 03/01/2017 10/30/2018 Canal Skimming Contractual 5 $146,300 0301/2017 1030/2018 Demonstration Pro am Services 6 Marine Debris Removal CServices 1 $`12,265.44 03/30/2019 06130/2020 Total: $1,500,000 Note that,per paragraph 4 of the agreement,authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future.This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No. LP44073,Attachment A-2 Page 4 of 5 Packet Pg. 181 � Figure 1.Location Map Oa . > . � � „�� % ` � ■ ^�� .f■ / � * DEP Agreement . LP44073,Attachment . of 5 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment B-1 The Revised Payment Request Summary Form for this grant can be found on our website at this link: 0 06 A Please use the most current form found on the website, linked above, for each payment request. cm cm 2 (L L 0 0 0 E (L -j (L w w :2 x w E Packet Pg. 183 C.3.d DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Progress Report Form Attachment D-1 DEP Agreement No.: LP44073 Grantee Name: Monroe County 06 Grantee Address: 102050 Overseas Hirj2waX,Ste.246,Key Largo,FL 33040 A Grantee's Grant Manager: Rhonda Haag Reporting Period: Project Number and Title: Monroe County Canal#75 Backfill Restoration and Canal Skimming Demonstration Program Projects Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period,and comparison to goals for the period. if goals were not met, provide reasons why. Provide an update on the estimated time for completion of the task and an explanation for any anticipated delays. Identify by task. 0 U Use as many pages as necessary to coverall Masks in the Grant Work Plan.The followin format should be followed. > 0 Task#: Description: Progress for this reporting period: Identify any delays or problems encountered: Task#: Description:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP44073 and accurately reflects the activities associated with the project. x Signature of Grantee's Grant Manager Date Attachment D-1,DEP Agreement No.LP44073 loft cv„+'5�2018 Packet Pg. 184 C.3.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment H 1. Public Records. a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics,or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida 6 Constitution or section l 19.07(1),F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records M as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. cm For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section l 19.0701(1)(a),F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to U penalties under section 119.10, F.S. d. 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 E contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer,at no cost, to Department all Public Records in possession of the contractor ° or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, .� upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data fonnats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the V.- contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: p0lic.s ices a Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No. LP44073,Attachment H,Page I of I Rev.4/27/2 1 Packet Pg. 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Marine Debris Removal LP44074 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type:County 06 Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30,2021 4. Project Number: Project Location(s): Gnat,in nninmrpuntcd Monroe Cuunt3,City of Alarathon, (If different from Agreement Number) and village or islamorada Project Description: The grantee will remove marine debris from up to 103 canals. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : $5,550,000.00 W] State ❑Federal FY17-18 GAA Line Item 1593A $4,000,000.00 V State ❑Federal FY18-19 GAA Line Item 1580A $1,500,000.00 ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $5,500,000.00 0 6. Department's Grant Manager Grantee's Grant Manager W Name: Lisa Mecca Name: Rhonda Haag or successor or successor Address: Florida Dept.of Environmental Protection Address: Sustainability Director 3900 Commonwealth Blvd. 102050 Overseas Highway,Ste.246 Tallahassee,FL 32399-3000 Key Largo,FL 33037 .d Phone: (850)245-2920 Phone: (305)453-8774 CD Email: Lisa.Mecca @dep.state.Mus Email: Haag-rhonda@monroecounty-fl.gov Iq 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: © Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements © Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at https://facts.fldfs.eom,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): V Exhibit A:Progress Report Form ❑ Exhibit B:Property Reporting Form 2 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg. 186 C.3.e 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers FAIN Federal Award Date.to Department: Total Federal Funds Obli ated by this Agreement- Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is;lat .- Monroe County Board of Conn =1siongrs i' 06 GRANTEE Grantee Name ev' Madok,Clerk By (Authorized Sigdl'ature) : ``-j�' Date Si#ied David Rice,Mayor ela Hancock,Deputy Clerk Print Name and Title of Person Signing State of Florida D artment of Environmental Protection DEPARTMENT By 9 1 S Secretary or Designee Date Signed Trina L.Vielhauer,Division Director Print Name and Title of Person Signing A 2 Additional signatures attached on separate page. a MO* OE COUN ATTO .NEYC" c4- _~� P VED M r r r- -a ..o r rt A UN ATTORNEY Date ....- �.---. t,.,=`. DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg. 187 C.3.e DWRA Additional Signatures &Mecc�a,,DEP Grant Manager 06 A m C San y Waters,D P QC Reviewer ILL C 0 0 IL a a C IL LL 4i C 0 Packet Pg. 188 C.3.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), 06 constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior A agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement FL ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties, including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected y by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name ° and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. Attachment 1 1 of 11 Rev.4/27/18 Packet Pg. 189 C.3.e The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided by Department, for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 06 6. Acceptance of Deliverables. A a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an y event of default. 7. Financial Consequences for Nonperformance. 0 a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. �- i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails ®_ to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. Attachment 1 2of11 Rev.4/27/18 Packet Pg. 190 C.3.e a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with l) Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. 06 c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an A amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of r_ this Project are the responsibility of Grantee. g, d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State IL funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address:www.myfloridaefo.com/aadir/reference ug ide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of y deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridaefo.com/Division/AA/Vendors/default.htm. IL j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. IL If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match LL requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty(30) days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment 1 3of11 Rev.4/27/18 Packet Pg. 191 C.3.e charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may 06 award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the A work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall IL request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. y d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. 0 e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific ° approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses,reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department IL - shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or M equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property IL (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal _ Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. Attachment 1 4ofII Rev.4/27118 Packet Pg. 192 C.3.e The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform 06 that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the A timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. g, d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to M make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the y Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other LL obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5of11 Rev.4/27/18 Packet Pg. 193 C.3.e e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under 06 the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting A the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: EL a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, y incomplete,or insufficient information; d. Failure to honor any term of the Agreement; 0 e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 6of11 Rev.4/27/18 Packet Pg. 194 C.3.e foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, 06 consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or A inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after U the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to FL and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall full indemnify, defend, and hold harmless Department and its officers agents, and employees, from suits U Y � f5'� P g � > actions,damages,and costs of every name and description arising from or relating to: y i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ° ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. ®_ 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. Attachment 1 7ofII Rev.4/27/18 Packet Pg. 195 C.3.e The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall because for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the 06 convicted vendor list or the discriminatory vendor list: A i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid proposal, or reply on a contract with a public entity for the P Y� Y , P P � P Y P n' construction or repair of a public building or public work;may not submit bids,proposals,or replies y on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or ° consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this ®_ Agreement. 24. Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification;or if Grantee,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if Attachment 1 8of11 Rev.4/27/18 Packet Pg. 196 C.3.e Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying 06 the Legislature or a State agency pursuant to Section 216.347,F.S.;except that pursuant to the requirements of Section A 287.058(6),F.S., during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such y records for the longer of.(1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myflorida.com/I ibrary-archives/records-manaeement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. M b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; IL ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, M iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal IL requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department Attachment 1 9of11 Rev.4/27/18 Packet Pg. 197 C.3.e may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)days of such request. e. No Comminglina of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to 06 demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement A for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. EL ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as M calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. y 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. ° The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. M b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may,for cause, deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the LL Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev.4/27/18 Packet Pg. 198 C.3.e is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This 06 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If A Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. EL All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. U The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under y any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. ° 37. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have M the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. x Attachment 1 11 of 11 Rev.4/27/18 Packet Pg. 199 C.3.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LP44074 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 06 1. Scope of Work. U) The Project funded under this Agreement is Monroe County Marine Debris Removal.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2017 and ends at the expiration of the Agreement. IL b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this U Agreement as described in Attachment 3. b. Invoicine.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. E 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following ° budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages o� Overhead/Indirect/General and Administrative Costs: _ ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) IL ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses IL ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. x 6. Equipment Purchase. .. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Attachment 2,Agreement No.LP44074 1 of 2 Rev.5/3/2018 Packet Pg. 200 C.3.e Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described.below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named 06 as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each U) occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile U liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 U policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. d. Other Insurance.None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 2 a 11. Retainage. No retainage is required under this Agreement. a 12. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. I- The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 13. State-owned Land. The work will not be performed on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. None. Attachment 2,Agreement No.LP44074 2 of 2 Rev.5/3/2018 Packet Pg. 201 C.3.e ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located withiin canals in unincorporated Monroe County, City of Marathon, and Village of Islamorada,Monroe County. 06 PROJECT BACKGROUND: On September 10,2017 the Florida Keys was struck by Hurricane Irma,a A Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture(USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal 42 operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal 0 of marine debris from the 103 eligible canals throughout the Florida Keys. Of this$45 million allocation, unincorporated Monroe County's portion is$34 million which requires a$7.9 million(25 percent match) 0 for the marine debris removal activities.The additional $2.4 milion not covered in this project,will derive from other county sources. > 0 PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, U) removing,and transporting of the marine debris to debris sites. The definition of marine debris includes: • 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; • Traps and other man-made materials, and floating structures. IL The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. TASKS: IL All documentation should be submitted electronically unless otherwise indicated. Task 1: Marine Debris Removal x Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal contract document. Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. DEP Agreement No.LP44074,Attachment 3, Page 1 of 2 Packet Pg. 202 C.3.e Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by,and all documentation received by,the corresponding task end date. 0 Task Budget Budget :Task Start" Task End 06 Task Title No; 7 Category, Amount Date.'. Date,_ U) Contractual 1 Marine Debris Removal Services $5,500,000 07/01/2017 12/31/2020 Total: $5,500,000 0 0 0 a a DEP Agreement No.LP44074,Attachment 3,Page 2 of 2 Packet Pg. 203 C.3.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a.. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services 7 under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless 0 of the physical form,characteristics, or means of transmission,made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida 06 Constitution or section 119.07(1),F.S. A b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a),F.S.;the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to 0 penalties under section 110.10,F.S. d. 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 o contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor U) or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, 2 upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.servicesgfioridadep.gov X Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No.LP44074,Attachment 4,Page 1 of 1 Rev.4/27/2018 Packet Pg. 204 C.3.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring 06 by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not IL be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised, L and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any t3 inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. 0 AUDITS PART I:FEDERALLY FUNDED U) a This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). a 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Q Iq Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Iq IL Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F.An audit of the recipient conducted by the Auditor General in accordance with thIL e provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised, and 2 CFR Part 200,Subpart F. 4i 3. If the recipient expends less than$500,000(or$150,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEP Agreement No.LP44074 Attachment 5,Page 1 of 5 Rev.4/27/2018 Packet Pg. 205 C.3.e 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit 06 for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department A of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial g, assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part H,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. y 0 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit ° conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). a 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfml State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.myfl orida.com/audgeii/. PART III:OTHER AUDIT REQUIREMENTS IL (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for finding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.LP44074 Attachment 5,Page 2 of 5 Rev.4127/2018 -- Packet Pg. 206 C.3.e A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 06 Electronically: A FDEPSingleAudit n,dep.state.fl.u-s B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections .320 (d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, y 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvcster.census.gov/facweb/ E C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f) A OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section .320(f),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: LL FDEPSingleAudit(ci)dep.state.fl.us 3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 DEP Agreement No.LP44074 Attachment 5,Page 3 of 5 Rev.4/27/2018 Packet Pg. 207 C.3.e Electronically: FDEPSingleAudit a,dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 06 A 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection IL Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSing1eAudit@dep.state.f1.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as ° applicable. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION IL The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General access to such records upon request. The recipient shall IL ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. x DEP Agreement No.LP44074 Attachment 5,Page 4 of 5 Rev.4/27/2018 Packet Pg. 208 C.3.e 06 EXHIBIT—I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: L Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category $ 0 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: � Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category a t88 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State _ Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Appropriations Statewide Surface Water Restoration 2017-2018 37.039 $4,000,000 141115 Agreement Line Item 1593A and Wastewater Projects � Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1580A 2018-2019 37.039 and Wastewater Projects $1,500,000 141115 Total Award $5,500,000 t� For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)lhttps://apes.fldfs.comlfsaa/searchCataloe.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. DEP Agreement No.LP44074,Attachment 5,Exhibit 1,Page 5 of 5 Rev.4/27ro 18 Packet Pg. 209 C.3.e DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: LP44074 Grantee Name: Monroe County 06 Grantee Address: 102050 Overseas Highway, Ste.246,Key Largo,FL 33040 A Grantee's Grant Manager: Rhonda Haag Reporting Period: Project Number and Title: LP44074-Monroe County Marine Debris Removal Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period,and comparison to goals for the period.If goals were not met, provide reasons why. Provide an update on the estimated time for completion of the task and an explanation for any anticipated delays. Identify by task. 0 Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be _ followed. > 0 Task#: Description: Progress for this reporting period: a Identify any delays or problems encountered: a Task#: Description: �- Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No.LP44074 ®_ and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement No.LP44074 1 of 1 Rev.4/5/2018 Packet Pg. 210 C.3.e EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. LP44074 Payment Request No. Request Date: Grantee: (Name&Mailing Address) 06 U) Grantee's Grant Manager 4tj I.3 Task No(s). Task Amount(s)Requested: S GRANT EXPENDITURES SUMMARY SECTION PREVIOUS TOTAL MATCHING TOTAL O AMOUNT OF THIS CUMULATIVE AUTHORIZED TASKS REQUEST PAYMENT PAYMENT FUNDS FOR THIS CUMULATIVE REQUESTS REQUESTS REQUEST MATCHING FUNDS tm O Task 1: S S S - $ S - Task 2: $ S $ - $ - $ _ O Task 3: S - S - $ - $ - S - 2 � Task 4: S - S - " S $ - S a tm Task 5: S - S S $ - SCD - Task 6: $ $ S $ _ S .q Iq Task 7: $ - S S $ - S Task 8: S S S $ - S Task 9: S _ S _ S $ _ $ TOTAL AMOUNT S S S $ S 4i TOTAL BUDGET (ALL TASKS) $ S E CY LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF: S S TOTAL REMAINING (ALL TASKS) $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Exhibit C,DEP Agreement No.LP44074,Page 1 of 6 Packet Pg. 211 C.3.e Grantee's Certification of Payment Request on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name of Grantee) 06 DEP Agreement No. and Payment Request No. that: 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily purchased,performed,received, and applied toward completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. 0 A a Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C,DEP Agreement No.LP44074,Page 2 of 6 Packet Pg. 212 C.3.e Engineer's Certification of Payment Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT I, being the Professional Engineer retained by (name of Professional Engineer) am responsible for overseeing construction of the project 06 (name of Grantee) A described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. 1. All permits and approvals required for the construction,which is underway,have been obtained. ILL 2. Payment is in accordance with construction contract provisions. 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 0 4. Equipment,materials,labor,and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. a U) a Signature of Professional Engineer IL Firm or Affiliation (Date) (P.E.Number) IL X ca Exhibit C,DEP Agreement No.LP44074,Page 3 of 6 Packet Pg. 213 C.3.e INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER:Number of payment request REQUEST DATE:Date reqeust is submitted GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). U) TASK AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK BUDGET AMOUNT" line for the`AMOUNT OF THIS REQUEST"column. GRANT EXPENDITURES SUMMARY SECTION: 06 U) "AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must @ agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT"line. Enter the amount of all () Tasks on the"TOTAL BUDGET(ALL TASKS)"line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. "PREVIOUS PAYMENT REQUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in ILL this total.Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. O "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under y specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount O on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE E PAYMENTS OF"line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the "TOTAL REMAINING(ALL TASKS)"line. 2 a� "TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. a� GRANTEE'S CERTIFICATION:Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION:Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. IL IL 4j Exhibit C,DEP Agreement No.LP44074,Page 4 of 6 Packet Pg. 214 C.3.e FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT-PART II REIMBURSEMENT DETAIL Grantee Name: LP44074 Payment Request No.: DEP Agreement No.: Monroe County Marine Debris Removal Local Share or Other Invoice Invoice Amount Task/Deliverable Vendor Name Number Invoice Date (t) Funding or Amount Requested Amount (3) Check Number Number(4) Not Requested(2) $ $ - $ $ $ $ - $ $ - $ $ - $ $ - $ $ $ $ - $ $ - L- $ $ - $ $ - $ $ - $ $ - Totals: $ - $ - U O a t� a x Exhibit C,DEP Agreement No.1,44074,Page 5 of 6 Packet Pg. 215 C.3.e Instructions for Completing Request for Payment - Part H Include the Grantee Name,Payment Request No.,and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested(2)from Invoice 06 3 Amount(1). U) Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). Submittal Instructions CIL Instructions for E-mailing: 0 The program now accepts reimbursement requests electronically, please E-mail to Water and Springs Restoration Program. When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch). When > reimbursement requests are sent electronically,please do not also send a hard copy by postal mail. o 2 Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: WSRP(aD_dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant Manager IL Subject: Project Number Disbursement Number: example—LP14025 Disb 1 Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Proof of payment(copies of canceled checks, front and back or EFT verification) _ 5) Other supporting documentation, as needed x For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Lisa Mecca,850-245-2924 Lisa.MeccaCoMep.state.fl.us Exhibit C,DEP Agreement No.LP44074,Page 6 of 6 Packet Pg. 216 C.3.f AMENDMENT NO.1 TO AGREEMENT NO.LP44074 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. LP44074 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Monroe County, (Grantee), on the date last signed below. 06 WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Marine Debris Removal,effective September 5,2018;and, WHEREAS, the Grantee has requested a revision in the scope of work and a reallocation of the budget for the project. IL NOW THEREFORE,the parties agree as follows: 4- 1. Attachment 3, Grant Work Plan, is hereby,deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. 2. All other terms and conditions of the Agreement'remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No. LP44074 to be duly executed, the day and year last written below. as MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: S via J. urp y, M4or . Trina L.Vielhauer,Division Director IL Monroe County Attorney Approved as to form:. &. a cca,DEP Grant Manager •£unyBac,oµemail=hall- _cynlMa@ 1031112111.gov,1 Oate:301610.31 II]3:33 Lf'W' San ra Waters,DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Letter/ r*1 C7 eci " Number Description include number of pages) Aftacc nen 3-1 Revised Grant Work Plan(2 Pages) rn . MA CLERK on�op`r _N�`;r DEPUTY CLERK DEP Agreement No.LP44074,Amendment No. 1,Page 1 of 1 Packet Pg. 217 C.3.f ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located within canals (connected and plugged) in unincorporated Monroe County,City of Marathon,and Village of Islamorada,Monroe County. 06 PROJECT BACKGROUND: On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture (USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys.Of this$45 million allocation,unincorporated Monroe County's portion is $34 million which requires a $7.9 million (25 percent match) for the marine debris removal activities. The additional $2.4 million not covered in this project, will derive from other county sources. > 0 PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, 0 removing, and transporting of the marine debris to debris sites. The definition of marine debris includes: • 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; • Traps and other man-made materials,and floating structures. The grantee will also utilize a contractor to provide project management to confirm compliance with NRCS requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project IL management and disaster related services in canals and temporary debris management area(TDMA)sites. The consultant will oversee the contractor activity and manage the marine debris site and address daily safety reports and corrective action recommendations. In addition, the Grantee will monitor the activities IL conducted under local,state and federal permit requirements for applicable marine debris removal work. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Marine Debris Removal Deliverables: The Grantee will remove marine debris from canals (connected and up to five plugged) in accordance with the debris removal contract document. DEP Agreement No.LP44074,Attachment 3-1,Page 1 of 2 Packet Pg. 218 Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. 06 Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more 0 frequently than monthly. Task 2:Proiect Management and Disaster Related Services Deliverables: The Grantee will utilize a contractor to provide project management and other disaster related services to confirm compliance with NRCS requirements and all state statutes and local ordinances. 4- Documentation: The Grantee will submit interim progress status surmnaries including summary of inspections,meeting minutes and field notes, as applicable. 0 U Performance Standard: The Department's Grant Manager will review the documentation to verify that cu the deliverables are completed as described above. Upon review and written acceptance by the > Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more U) frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL:The tasks must be completed by,and all documentation received by,the corresponding task end date. Task Budget Budget Task Start Task End LL Task Title No. Category Amount Date Date- - la Marine Debris Removal Contractual $4 800 000 07/01/2017 12/31/2020 within connected canals Services lb Marine Debris Removal Contractual $100,000 07/01/2017 12/31/2020 within plugged canals Services Contractual 2 Project Management Services $600,000 07/01/2017 12/31/2020 Total: $5,500,000 DEP Agreement No.LP44074,Attachment 3-1,Page 2 of 2 Packet Pg. 219 C.3.g I- 0 ATTACHMENT D — GENERAL REQUIREMENTS, SPECIAL PROVISIONS AND GENERAL CONDITIONS 0 �s 1.02 GENERAL REQUIREMENTS 0 A. Contractor will supply all labor, supervision, materials, equipment, facilities, a� power, communications, provisions, and other services and supplies necessary U) for, or incidental to, the performance of debris removal and disposal services as described in this contract, in accordance with all laws, regulations and DEP 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. �s 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 W 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 z FDEP-compliant and that all documentation that the County requires in order 0 �s to document the work properly for submission of requests for reimbursement to > FDEP 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. W a. 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 2 requirements, to track and document debris. 2) Contractor's vehicles and vessels must be identified with certification placards meeting FDEP requirements. The placards must include the wording "Monroe County Marine Debris Contractor" and the contractor name. w 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 X data provided meets the requirements of the reimbursement agency FDEP. W Contractor shall assist the County in preparing applications for reimbursement. E c� 1 Packet Pg. 220 C.3.g I- 0 5) Contractor shall reconcile any discrepancies between the Monitor Firm's daily report and the corresponding load tickets within forty-eight (48) hours. c SPECIAL PROVISIONS 0 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 U) Proposal Package. 1. All licenses required in order to perform the scope of work in the specified a� location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Debris Monitoring Company prior to notice to proceed. Contractor's license shall accompany z 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 W 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. (n z 4. Contractor shall maintain As-Built Drawings of his work progression. 0 5. Contractor will be responsible for following the permit conditions in the Florida Keys National Marine Sanctuary. a. 6. Contractor shall provide suitable storage containers, and be responsible for (n disposal off-site of all debris and trash. z 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- W_ Saturday. Contractor will need to schedule work shifts typically from 8AM-6PM a weekly. Any change to the agreed upon schedule must be obtained in writing W 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 W items beyond normal wear and tear. No additional cost to the County shall be allowed. E 2 Packet Pg. 221 C.3.g I- 0 The Engineer is: To be provided by written letter from the County. 0 a. a �s �s �s �s 3 Packet Pg. 222 C.3.g I- 0 GENERAL CONDITIONS 0 General Conditions of the Contract for Construction 0 a Table of Articles 1. General Provisions z 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 z 12.Uncovering and Correction of Work 13.Miscellaneous Provisions > 14.Termination or Suspension of the Contract �s �s �s x 4 Packet Pg. 223 C.3.g I- 0 SECTION 00750 - GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions > 0 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 (n 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 a. 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. a. (n 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract cis 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 5 of 128 Packet Pg. 224 C.3.g I- 0 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- (n 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 a. 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 U Engineer. Submittal or distribution to meet official regulatory requirements or for other purposes a. 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 �s 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 6 of 128 Packet Pg. 225 C.3.g I- 0 2.0 OWNER 2.1 Definition U 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 a. 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 a. 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. x PROJECT SAFETY AND HEALTH PLAN 00970-Page 7 of 128 Packet Pg. 226 C.3.g I- 0 3.0 CONTRACTOR 3.1 Definition U 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. E 3.1.2 The plural term "Contractors" refers to persons or entities who 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 (n 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. a. 3.3 Supervision and Construction Procedures a. 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. �s 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 8 of 128 Packet Pg. 227 C.3.g I- 0 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 U) 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 Z 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 0) accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. a. 3.5 Warranty a. �s 3.5.1 The Contractor warrants to the Owner, Sustainability/Projects Director and (n WOOD/Engineer that materials and equipment furnished under the Contract will be of good (s 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 �s 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 9 of 128 Packet Pg. 228 C.3.g I- 0 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. E 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in a 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 (n 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. a. 3.10 Contractor's Construction Schedule a. 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 0 can discuss jointly such matters as progress, scheduling, and problems. PROJECT SAFETY AND HEALTH PLAN 00970-Page 10 of 128 Packet Pg. 229 C.3.g I- 0 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 �s 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 E 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 U 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. a. 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. 0 PROJECT SAFETY AND HEALTH PLAN 00970-Page 11 of 128 Packet Pg. 230 C.3.g I- 0 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. �s 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 (n 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of 0 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 a. 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, a. WOOD/Engineer may do so with the Owner's approval and the cost thereof shall be charged to (n the Contractor. (s 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 12 of 128 Packet Pg. 231 C.3.g I- 0 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 A 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 U 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 (n 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. U a. (n 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 13 of 128 Packet Pg. 232 C.3.g I- 0 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 cis 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. 0 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. cas 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 0 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. W a. 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 14 of 128 Packet Pg. 233 C.3.g I- 0 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 0 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 a. 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, U Subcontractors, material and equipment suppliers, their agents or employees, or other persons aa. s performing any of the Work. c`s 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 0 responsibility of the Contractor as Contractor as required by the Contract Documents. PROJECT SAFETY AND HEALTH PLAN 00970-Page 15 of 128 Packet Pg. 234 C.3.g I- 0 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 �s 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, cis 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 �s the form of drawings. When making such interpretations and decisions, Sustainability/Projects a. 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, 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 �s 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 0 the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. PROJECT SAFETY AND HEALTH PLAN 00970-Page 16 of 128 Packet Pg. 235 C.3.g I- 0 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 U .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 b the observing art shall be given to the other art promptly before Z Y gp Y g� party p Y conditions are disturbed and in no event later than 21 days after first observance of the 0 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 a. 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 17 of 128 Packet Pg. 236 C.3.g I- 0 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 a 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 (n 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 0 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 a. objection to any such proposed person or entity. Failure of Sustainability/Projects Director to reply promptly shall constitute notice of no reasonable objection. U a. 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 :2 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 0 the Owner or Sustainability/Projects Director. Each subcontract agreement shall preserve and PROJECT SAFETY AND HEALTH PLAN 00970-Page 18 of 128 Packet Pg. 237 C.3.g I- 0 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 U) 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 cis 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 (n Contracts (n 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 a. 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 U including those portions related to insurance and waiver or subrogation. a. 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 19 of 128 Packet Pg. 238 C.3.g I- 0 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. 0 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall E 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 �s 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 a. 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 a. 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 �s determines to be just. x 7.0 CHANGES IN THE WORK 7.1 Changes PROJECT SAFETY AND HEALTH PLAN 00970-Page 20 of 128 Packet Pg. 239 C.3.g I- 0 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 E 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 cis .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 a. in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient W a. 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 21 of 128 Packet Pg. 240 C.3.g I- 0 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 2 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 (s (5%); > .2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark a. - 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 U (5%); a. (n 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 22 of 128 Packet Pg. 241 C.3.g I- 0 .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. E 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain a 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 (n 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 a. 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 23 of 128 Packet Pg. 242 C.3.g I- 0 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 U) 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 (n 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. a. 9.0 PAYMENTS AND COMPLETION a. 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 24 of 128 Packet Pg. 243 C.3.g I- 0 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 E included in Change Orders. a .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. a� 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 (n 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 0 the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that a. 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 a. seek payment from the Contractor or his public construction bond surety only. c`s 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 25 of 128 Packet Pg. 244 C.3.g I- 0 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 U) 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, U 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 a. Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of a. 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 �s 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 26 of 128 Packet Pg. 245 C.3.g I- 0 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 T a 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 �s 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. Z 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 0 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. a. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable cas reason for delay, the Contractor shall pay for all transportation and utility services not later than �s 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. x 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 27 of 128 Packet Pg. 246 C.3.g I- 0 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 2 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. U 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 (n 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 a. 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 �s for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and a. 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 28 of 128 Packet Pg. 247 C.3.g I- 0 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 U) 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 z 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 0 (4) Contractor's Affidavit of Debts and Claims a. (5) Contractor's Affidavit of Release of Liens _ (6) Final Release of Lien a. (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) cis 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 29 of 128 Packet Pg. 248 C.3.g I- 0 9.10 Payment of Subcontractors 0 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 U) subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY a� 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. 0 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 Z 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 a. 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 30 of 128 Packet Pg. 249 C.3.g I- 0 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: �s .1 employees on the Work and other persons who maybe 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 U) 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. U 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 0) 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 a. 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 �s of the Owner, Sustainability/Projects Director or WOOD/Engineer or anyone directly or indirectly a. 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 31 of 128 Packet Pg. 250 C.3.g I- 0 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 0 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 U 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 z Agreement and any penalties and failure to perform assessments shall be imposed as if the 0 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 a. 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. E PROJECT SAFETY AND HEALTH PLAN 00970-Page 32 of 128 Packet Pg. 251 C.3.g I- 0 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 0 Documents, costs of uncovering and replacement shall, by appropriate Change Order, be a. 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. a. 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 33 of 128 Packet Pg. 252 C.3.g I- 0 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 a 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 0 relationship to the time within which the obligation to comply with the Contract Documents may a. 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. a. 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 x 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 0 party in respect to all covenants, agreements, and obligations contained in the Contract PROJECT SAFETY AND HEALTH PLAN 00970-Page 34 of 128 Packet Pg. 253 C.3.g I- 0 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. 0 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: Adventure Environmental Inc. Attn: Gregory Tolpin 12895 Southwest 87"' Avenue (n Miami, Florida 33176 For Owner: Sustainability/Projects Director County Administrator Rhonda Haag Roman Gastesi U 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 0 the contract, nor shall such action or failure to act constitute approval of or acquiescence in a a. breach there under, except as may be specifically agreed in writing. 13.5 Tests and Inspections a. 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 35 of 128 Packet Pg. 254 C.3.g I- 0 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 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 �s 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 z promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period U 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: cis .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; a. .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 x .3 finish the Work by whatever reasonable method the Owner may deem expedient. PROJECT SAFETY AND HEALTH PLAN 00970-Page 36 of 128 Packet Pg. 255 C.3.g I- 0 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 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. U) a 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination a 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; a. (2) An explanation as to why the waiver is considered justified; and a. (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. x Washington, DC http://www.gpo.gov/about/bookstore.htm PROJECT SAFETY AND HEALTH PLAN 00970-Page 37 of 128 Packet Pg. 256 C.3.g I- 0 GENERAL CONTRACTOR REQUIREMENTS 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. �s 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 0 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 a. 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 W a. coordinate safety activities for upcoming work. c`s 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 �s 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 38 of 128 Packet Pg. 257 C.3.g I- 0 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. �s Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.6 SAFETY INSPECTION a 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 Z 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 (n adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be back charged. a. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard W a. 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 :2 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 39 of 128 Packet Pg. 258 C.3.g I- 0 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. 0 1.7 FIRST AID TRAINING E a 2 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. a 1.8 REPORTS Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or Z 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 a. 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 a. 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 40 of 128 Packet Pg. 259 C.3.g I- 0 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. U) a� 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 0 departments is to be provided at all first aid locations. a. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES: a. 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. x 3.3 HEAVY EQUIPMENT OPERATORS PROJECT SAFETY AND HEALTH PLAN 00970-Page 41 of 128 Packet Pg. 260 C.3.g I- 0 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 > 0 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: a. CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT W a. 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 x 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 42 of 128 Packet Pg. 261 C.3.g I- 0 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 > 0 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. a 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE Z 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 W 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 W a. Haul road design criteria and drawings, if requested by the Contracting Officer, are to be cis 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 43 of 128 Packet Pg. 262 C.3.g I- 0 Getting on or off equipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION. U 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 U) 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 3600 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. cis 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. W a. 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 �s A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be x posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment. PROJECT SAFETY AND HEALTH PLAN 00970-Page 44 of 128 Packet Pg. 263 C.3.g I- 0 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 830 or less, until completely stopping the boom at not over 870 above horizontal. 5.4.8 SAFETY HOOKS a 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. a 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 (s requirements shall also apply to agricultural and industrial tractors and similar equipment. 0 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized W a. 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 45 of 128 Packet Pg. 264 C.3.g I- 0 Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization — 5 days for critical and helicopter lifts. 0 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 a required Attachments. All rigging devices MUST bear the name of the manufacturer and be certified as to their Z 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 cis information pertaining to the site, which is maintained by Monroe County. The contractor is responsible (determining adequacy, supplying and installing) for all supporting 0 material (as defined within 29 CFR 1926.1402) necessary for the crane lift. a. The contractor is responsible to obtain all information that is necessary to develop a power line safety plan. a. (n 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 :2 • 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 E PROJECT SAFETY AND HEALTH PLAN 00970-Page 46 of 128 Packet Pg. 265 C.3.g I- 0 • 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 a The contractor shall comply with the Site Specific Safety Plan. a 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 cis materials or substantial exertion shall be done from ladders. 0 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 W a. done safely from the ground or similar footing. c`s 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 47 of 128 Packet Pg. 266 C.3.g I- 0 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. E 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 �s 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. 0 9.0 BARRICADES, WARNING DEVICES AND LIGHTING A. The Contractor shall be solely responsible for providing temporary ladders, guard rails, a. 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. �s 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 48 of 128 Packet Pg. 267 C.3.g I- 0 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 �s 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 E 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 (n 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 0 and Sustainability/Projects Director will promptly reply to the Owner in writing stating whether or a. 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, a. WOOD/Engineer and Sustainability/Projects Director have no reasonable objection. c`s 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, �s 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 49 of 128 Packet Pg. 268 C.3.g I- 0 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. U 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 E owners and users of adjacent sites and utilities. a 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. a 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. (s 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded (s 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 a. 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 x PROJECT SAFETY AND HEALTH PLAN 00970-Page 50 of 128 Packet Pg. 269 C.3.g I- 0 SECTION 00980 - CONTRACTOR QUALITY CONTROL PLAN 1.1 WOOD/Engineer DUTIES AND RESPONSIBILITIES 0 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 0 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 a. inspections by the designated material-testing laboratory, in a timely fashion, to prevent needless cancellations and delays of work activities. Any costs caused W by untimely notification shall be borne by the Contractor. a. c`s 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 51 of 128 Packet Pg. 270 C.3.g I- 0 1.3 INSPECTION AND TESTING 0 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 U) 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) cis 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 U meet with Sustainability/Projects Director's representative a. 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 52 of 128 Packet Pg. 271 C.3.g I- 0 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 U) 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 1.4.13 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 U 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. cis 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, U ceiling and drywall installations, the Contractor shall schedule and aa. s 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. �s B. OPERATION AND CHECK OUT TESTING x 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 53 of 128 Packet Pg. 272 C.3.g I- 0 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. �s C. FINAL INSPECTION 0 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 U) 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 U 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 a. used. Reference Contractor's Daily Report, and as needed Contractor Daily _ Quality Control Report, Section 01385. U a. 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 54 of 128 Packet Pg. 273 C.3.g I- 0 corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. 0 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 U) 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. U 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 (s interruption to surrounding property owners. > 2. Contractor shall take all means necessary to contain dust and debris as an a. integral part of the work. 3. Weather intrusion and unauthorized access to the Project Site due toa. 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 55 of 128 Packet Pg. 274 C.3.g I- 0 SECTION 01010 - SUMMARY OF THE WORK 1 Project Overview 0 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 E provide work in the following work categories: a l) Debris removal from canals and nearshore waters; including mangrove trimming a� 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. z 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 (n 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 U subcontractors. Contractor shall submit copies to Sustainability/Projects Director aa. s 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 56 of 128 Packet Pg. 275 C.3.g I- 0 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. 0 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. U a. (s 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 x 5. Housekeeping required on a daily basis END SECTION 01010 SUMMARY OF THE WORK 01010-Page 57 of 128 Packet Pg. 276 C.3.g I- 0 SECTION 01015 - CONTRACTOR'S USE OF PREMISES PART 1 —GENERAL 1.1 DESCRIPTION > 0 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. a Related work: Documents affecting work of this Section include, but are not limited to, General Conditions, (n 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 (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 equipmenta. 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 58 of 128 Packet Pg. 277 C.3.g SECTION 01027 - APPLICATION FOR PAYMENT I- 0 4- 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 0 0 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. a 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. U 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 a. monthly approval to ensure as-builts are current. cis c`s 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 59 of 128 Packet Pg. 278 C.3.g I- 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. a. c`s APPLICATION FOR PAYMENT 01027-Page 60 of 128 Packet Pg. 279 aP co Cej N U � o T d d m 0 CL 0 v N a UCc: CL 'Qj O C O N CC 0 U T o N 0 C N p 7 'Q ,f O(6 O Q N C N O O E 2i to (6 0 d O O 0 -O 00 E c — E L N T Q U o ma QE 0 -�5 0 m o c c O cc) .N M.--. LDS--. E U N Z) OQ U E O 0 OO w N O.0 C O- O �, O U -O (U�6 a) o N -N.L O (T6 -2:, Fn N U C 0 �U Q E m -6 C H -Q N U U 5 � p 0-U O O (6 Z to a,)'a N 7 N 0 Q _0 U O C o) E m- o� U �� > o c O O '.� Q O O 2 O to O (6 Q E W N-o � v N �.�� Q C 2 d U N � N L (6 O N O O N O Q O O m 0- N U C N o U Q - N Q 0 0 .O O 7 O O O E N Y U a)6 O Q E C Q o Q oQ 0 cL 0 � oo U U Q. N _ m'0 0 t m m 0 E ri o m �4 0 Co:LL O N C ,� O O E W CO r a O N U u)i O C -oa O>O N u) W N U 3 0 E .0 0 0 m a)-, c,0 > 0 on w Q c 0 m 0 0 g ms 0m m.S x Lm 0oU m N w �' o° �� U m w �'° a o E o U o N O T p o pQ. EQUE 0 m o Z p 0 7 C L (6 C E Q Z T (6 t p W U s N H O m Q W m 0 H._ U— Q m (n (n Z O U N 0 C � N U N > O T O N � O ( N Q 7 (6 Z Q U W 5 a a O Y LL T O 0 N O N O N Z 0 U p O U E U 0 0 E U U p 0 0 ° a) o vi Q U E o o o u ai °) " O Q m in E > o U 0 U Q 0 -p ) d T a, O a o ,° o cn °' a ° a W-a m a a cn Q L a 0 a 0 6 z 0 o -j 0 m Of U) o SNOwaNODlVM3N39aNV SNOISIAOMd ]V1 Q | ]v ' Dgmgx :Waugoq Ci k d a. )\2 \ - �Ee ■ /\) a o +E _ }o$° w eƒ\ $ � a. C aLU /2 � § \\z 5/ ° #Ez \ /\9 z 9 °£)c \ \ \ \/ So y = S M \ \ LU /c\ 6 _ ±LU / moz LU 2C L 0 \ z / / E _ [ c2 LU § � / E o & } \ j(2 3 ( 2CL \ \ E$ < d - / 0 / } / LU -J\ W � / / / ° (\ < co: U) LL In \ n > z C) —0 ) \ LU -0 \ 6 F- z a 2 / ee ° = o Q -2 0 § 0 2 / / 0 \ / k �_ O 0 [ \ F- e � k \ f= @ U � = O a w Q C) C) ~ �� \ C.3.g MONROE COUNTY I- 0 CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: INITIATION DATE: TO CONTRACTOR: CONTRACT DATE: a a The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Z 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. 9 (n Not valid until signed by Owner, Engineer(if applicable), and Contractor (s ENGINEER: Date CONTRACTOR: Date SUSTAINABILITY/PROJECTS DIRECTOR: Date COUNTY/DEPUTY ADMINISTRATOR Date APPLICATION FOR PAYMENT 01027-Page 63 of Packet Pg. 282 C.3.g Change Order Attachment per Ordinance No. 004-1999 0 0 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ 0 If Yes, explanation: a • Change Order was included in the original specifications. Yes ❑ No ❑ a If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑ �s If Yes, explanation as to why it is not subject for a calling for bids: • Project engineer approves the change order. Yes ❑ No ❑ cis If no, explanation of why: > • Change Order is correcting an error or omission in design document. Yes ❑No ❑ W a. (n Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: x APPLICATION FOR PAYMENT 01027-Page 64 of Packet Pg. 283 C.3.g CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: 0 TO OWNER: TO CONTRACTOR: c (Name and address) (Name and address) a uJ DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: a The Work performed under this Contract has been reviewed and found,to the Project Managers best knowledge, information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work z 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. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as Z 0 U which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: W A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Z 0 INSPECTOR BY DATE (if used) W The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time),on 2 W (date). _ M OWNER BY DATE The responsibilities of the Owner and the Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be z W as follows: Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. W APPLICATION FOR PAYMENT 01027-Page 65 o Packet Pg. 284 C.3.g I- CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: 0 0 a PROJECT: (Name and address) tig a f!5 State of: County of: 0 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 U with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. Lid EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). Lid C9 SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: Z 1. Consent of Surety to Final Payment. Whenever (n Surety is involved, Consent of Surety is required. > AIA DOCUMENT G707, CONSENT OF SURETY,may be used for this purpose. Indicate attachment: yes( ) no ( ) Address: Lid The following supporting documents should be attached hereto: By: 1. Contractor's Release or Waiver of Liens, Lid conditional upon receipt of final payment. 2 Subscribed and sworn to before me this W 2. Separate Releases or Waivers of Liens from day of 120 M Subcontractors and material and equipment a suppliers,to the extent required by the Owner, accompanied by a list thereof. Notary Public: Lid 3. Contractor's Affidavit or Release of Liens. w My Commission Expires: x Lid APPLICATION FOR PAYMENT 01027-Page 66 o Packet Pg. 285 C.3.g CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) 0 CONTRACT DATED: E a PROJECT: (Name and address) a State of �s County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, U 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) (n 1. Contractor's Release or Waiver of Liens, a. conditional upon receipt of final payment. By: 2. Separate Releases or Waivers of Liens from (Signature of authorized representative) Subcontractors and material and equipment c`s 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 Packet Pg. 286 APPLICATION FOR PAYMENT 01027-Page 67 o C.3.g I- 0 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that 0 for and consideration of the sum of Dollars ($ ) a� 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 120 Witness Name of Company aa. s c`s Witness Signature, Title Notary Public My commission expires: �s x MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: APPLICATION FOR PAYMENT 01027-Page 68 of 128 Packet Pg. 287 C.3.g I- 0 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: U) 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 U 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. cis 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 U as reflected above. aa. s c`s 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 x APPLICATION FOR PAYMENT 01027-Page 69 of 128 Packet Pg. 288 C.3.g I- 0 SECTION 01040 - PROJECT COORDINATION PART I — GENERAL 0 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to a this Section. 1.2 SUMMARY a 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 U 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". cis D. Requirements for the Contractor's Construction Schedule are included in Section > 01301 "Submittals". 1.3 COORDINATION a. 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 70 of 128 Packet Pg. 289 C.3.g I- 0 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: E 1. Preparation of schedules U) a 2. Installation and removal of temporary facilities 3. Delivery and processing of submittals a 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 Z fabricated off-site by separate entities, and where limited space availability (s necessitates maximum utilization of space for efficient installation of different > components. 1. Show the interrelationship of components shown on separate Shop Drawings. �s 2. Indicate required installation sequences. a. (n 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 71 of 128 Packet Pg. 290 C.3.g I- 0 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. E Provide attachment and connection devices and methods necessary for security Work. U) 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 a 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. cas 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 a. protection from damage or deterioration at Substantial Completion. _ B. Clean and maintain completed construction as frequently as necessary through W a. the remainder of the construction period. Adjust and lubricate operable cis components to ensure operability without damaging effects. cis 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: x PROJECT COORDINATION 01040-Page 72 of 128 Packet Pg. 291 C.3.g I- 0 LIMITING EXPOSURES 0 0 a a c`s PROJECT COORDINATION 01040-Page 73 of 128 Packet Pg. 292 C.3.g I- 0 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 0 3. Excessively high or low temperatures 4. Thermal shock 0 5. Excessively high or low humidity 6. Air contamination or pollution 2 a 7. Water 8. Solvents a 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 x FIELD ENGINEERING 01050-Page 74 of 128 Packet Pg. 293 C.3.g I- 0 SECTION 01050 - FIELD ENGINEERING PART 1- GENERAL 1.1 RELATED DOCUMENTS > 0 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to U) this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of (n 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. (s 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 a. deviations from indicated lines and levels. 1.3 SUBMITTALSa. c`s 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 75 of 128 Packet Pg. 294 C.3.g I- 0 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION 0 A. Identification: The Owner will identify existing control points and property line corner stakes. U) ° 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. U 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. cis 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 a. underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of aa. s 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. x 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 76 of 128 Packet Pg. 295 C.3.g I- 0 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. U) a C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. a 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 U or affected by construction. Coordinate with local authorities having jurisdiction. END SECTION 01050 a. c`s x FIELD ENGINEERING 01050-Page 77 of 128 Packet Pg. 296 C.3.g I- 0 SECTION 01200 - PROJECT MEETINGS 0 PART 1 - GENERAL 1. SUMMARY A. Section includes: a� 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. U 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. �s B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each a. represents. a. �s 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. x C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. PROJECT MEETINGS 01200-Page 78 of 128 Packet Pg. 297 C.3.g I- 0 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. U) 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. cis 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. aa. s 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 79 of 128 Packet Pg. 298 C.3.g I- 0 b. Effect on other contracts of the Project. 15. Other business. 0 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 c`s x PROJECT MEETINGS 01200-Page 80 of 128 Packet Pg. 299 C.3.g I- 0 SECTION 01301 - SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY > 0 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: cas 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 0 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 a. requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, W a. etc.). �s 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 81 of128 Packet Pg. 300 C.3.g I- 0 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. a 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 U 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. cis 1.6 CERTIFICATIONS > A. Provide certifications as required by various technical sections on the a. Contractor's letterhead stationery. Certifications shall be identified to this Project, _ dated and bear Contractor's signature in the same format used for the U Owner/Contractor agreement. aa. s �s 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 82 of128 Packet Pg. 301 C.3.g I- 0 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. 0 D. Clearly identify on the submittal and transmittal to WOOD/Engineer in writing of deviations in submittals from the requirements of the Contract Documents. U) 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. U 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 (s with information given in the Contract Documents. > B. WOOD/Engineer will make changes or notations directly on the submittal, identify a. 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. U a. (n 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 83 of128 Packet Pg. 302 C.3.g I- 0 SECTION 01310 - PROGRESS SCHEDULES PART 1 - GENERAL 0 1.1 SUMMARY A. Section includes: 1. Contractor submission of Progress schedules U) 2. Contractor submission of Revisions to schedules B. Related sections: a 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 0 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 cis A. Prepare Progress Schedules, Contractor to submit format of schedule for > approval by Sustainability/Projects Director and WOOD/Engineer. 1.3 CONTENT a. 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 84 of 128 Packet Pg. 303 C.3.g I- 0 C. Provide a narrative report as needed to define: 0 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 U) a A. Submit initial schedules within five (5) days after receipt of the Contract Notice to Proceed. a 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. cis 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 a. the Contractor of responsibility or of any consequence of neglect or _ carelessness. U a. c`s END SECTION 01310 PROGRESS SCHEDULES 01310-Page 85 of 128 Packet Pg. 304 C.3.g I- 0 SECTION 01370 - SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY > 0 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 cis 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 0 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 (s 3. Name and Address of the Contractor > 4. Contract designation 5. Date of submission a. B. List the installed value of the component parts of the Work in sufficient detail to W a. serve as a basis for computing values for progress payments during construction. �s 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. x 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 86 of 128 Packet Pg. 305 C.3.g I- 0 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. a 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 c`s x SCHEDULE OF VALUES 01370-Page 87 of 128 Packet Pg. 306 C.3.g I- 0 SECTION 01385 - DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY > 0 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 (n 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: 0 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. (s 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, a. pipe fitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that W a. 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 88 of 128 Packet Pg. 307 C.3.g I- 0 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. 0 DAILY CONSTRUCTION REPORT a 2 PROJECT: REPORT NO: CONTRACTOR: a DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS a. c`s ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: DAILY CONSTRUCTION REPORTS 01385-Page 89 of 128 Packet Pg. 308 C.3.g I- 0 SECTION 01395 - REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY > 0 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: cas 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 0 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 (s 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 a. Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions), when formal correspondence is required for formal notification of time W a. extensions, and for cost change notifications. c`s 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. x REQUEST FOR INFORMATION 01395-Page 90 of 128 Packet Pg. 309 C.3.g I- 0 REQUEST FOR INFORMATION (RFI) 0 DATE RFI# PROJECT FROM a� CONTRACTOR a ADDRESS PHONE FAX CELL z TO ARCHITECT ADDRESS PHONE FAX CELL DESCRIPTION CONTRACTOR RECOMMENDATION c`s COSTIMPACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION 01395-Page 91 of 128 Packet Pg. 310 C.3.g I- 0 SECTION 01400 - QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS > 0 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to U) this Section. 1.2 SUMMARY a A. This Section includes administrative and procedural requirements for quality control services. (s 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 0 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. cis 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. a. 2. Specified inspections, tests, and related actions do not limit Contractor's quality control procedures that facilitate compliance with Contract W a. Document requirements. (s 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 92 of 128 Packet Pg. 311 C.3.g I- 0 Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 0 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. U) ° 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 U 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 (s 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: a. 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections aa. s 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 93 of 128 Packet Pg. 312 C.3.g I- 0 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. 0 1.4 SUBMITTALS 2 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. (s I. 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 a. Work complies with Contract Document requirements. _ I. Name and signature of laboratory inspector. M. Recommendation on re-testing. aa. s c`s 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 94 of 128 Packet Pg. 313 C.3.g I- 0 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. 2 C. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. a END SECTION 01400 c`s x QUALITY CONTROL 01400-Page 95 of 128 Packet Pg. 314 C.3.g I- 0 SECTION 01421 - REFERENCE STANDARDS AND DEFINITIONS PART 1 — GENERAL 1.1 RELATED DOCUMENTS > 0 E. F. A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 U) Specifications Sections, apply to this Section. 1.2 DEFINITIONS G. H. A. General: Basic Contract definitions are included in the conditions of this Contract. cis 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 0 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 a. the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and W lawful orders issued by authorities having jurisdiction, as well as rules, aa. s 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." �s 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 DEFINITIONS 0 1421-Page 96 of 128 Packet Pg. 315 C.3.g I- 0 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 E 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 t� 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. 0 K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to 0 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 W a. 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 DEFINITIONS 0 1421-Page 97 of 128 Packet Pg. 316 C.3.g I- 0 a. The words "shall be" shall be included by inference wherever a colon (:) is used within a sentence or phrase. 0 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 a 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. U 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. a. 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the a. publications source. cas 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 DEFINITIONS 0 1421-Page 98 of 128 Packet Pg. 317 C.3.g I- 0 AA Aluminum Association AABC Associated Air Balance Council > 0 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 U Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction cis ALA American Laminators Association > ALSC American Lumber Standards Committee a. AMCA Air Movement and Control Association International, Inc. W a. (n 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 DEFINITIONS 0 1421-Page 99 of 128 Packet Pg. 318 C.3.g I- 0 ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials 0 AWI Architectural Woodwork Institute AWPA American Wood Preservers'Association AWS American Welding Society a BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA EIFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) cis HMA Hardwood Manufacturers Association > (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association MFMA Maple Flooring Manufacturers Association aa. s c`s 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 x NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association REFERENCE STANDARDS AND DEFINITIONS 0 1421-Page 100 of 128 Packet Pg. 319 C.3.g I- 0 (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute 0 RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council a SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau U SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America UL Underwriters Laboratories, Inc. cis WCLIB West Coast Lumber Inspection > WIC Woodwork Institute of California a. WWPA Western Wood Products Association a. c`s 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 DEFINITIONS 0 1421-Page 101 of 128 Packet Pg. 320 C.3.g I- 0 SECTION 01500 - TEMPORARY FACILITIES PART 1 — GENERAL 1.1 DESCRIPTION > 0 A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: U) a� 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 cis employee safety. 6. Project sign. B. Related Work: 0 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 (s progress of the Work. > PART 2 - PRODUCTS a. 2.1 FIELD OFFICES AND SHEDS W a. 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 :2 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 102 of 128 Packet Pg. 321 C.3.g I- 0 2.3 TEMPORARY FENCING 0 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 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 c`s x TEMPORARY FACILITIES 01500-Page 103 of 128 Packet Pg. 322 C.3.g I- 0 SECTION 01520 - CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY > 0 A. Section includes: 1. Construction aids U) 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES a 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 a. and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the W a. progress of construction, by storage or work requirements, and to (s accommodate the legitimate requirements of the Owner or (s 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. x CONSTRUCTION AIDS 01520-Page 104 of 128 Packet Pg. 323 C.3.g I- 0 2.3 TEMPORARY ENCLOSURES U 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 U) 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. cis The foregoing obligations of the Contractor are in addition to his obligations under Article > 10 of the General Conditions. END SECTION 01520 a. c`s x CONSTRUCTION AIDS 01520-Page 105 of 128 Packet Pg. 324 C.3.g I- 0 SECTION 01550 - ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the 0 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. U) a� B. Any Contractor excavating across an access road or parking area shall back-fill a 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. LU IL LU IL c`s LU LU LU LU END SECTION 01550 x LU ACCESS ROADS AND PARKING AREAS 01550-Page 106 of 128 Packet Pg. 325 C.3.g I- 0 SECTION 01560 - TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONTRACTOR > 0 A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: cas 1. SCOPES OF WORK 1.2 WATER CONTROL 0 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 cis 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. W a. 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 107 of 128 Packet Pg. 326 C.3.g I- 0 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. 0 END SECTION 01560 a c`s x TEMPORARY CONTROLS 01560-Page 108 of 128 Packet Pg. 327 C.3.g I- 0 SECTION 01590 - FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office if 0 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. a 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 cis 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 (s and orderly condition. > END SECTION 01590 W a. c`s FIELD OFFICES AND SHEDS 01590-Page 109 of 128 Packet Pg. 328 C.3.g I- 0 SECTION 01595 - CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR > 0 A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS a A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. (n 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. 0 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. cis 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. W a. (n 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 �s rubbish. x C. Dispose of waste materials, debris and rubbish off site at a state permitted disposal site. CONSTRUCTION CLEANING 01595-Page 110 of 128 Packet Pg. 329 C.3.g I- 0 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 A 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. a END SECTION 01595 c`s x CONSTRUCTION CLEANING 01595-Page 111 of 128 Packet Pg. 330 C.3.g I- 0 SECTION 01600 - MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR > 0 A. Section includes: 1. Products 2. Transportation and handling 3. Storage and protection 4. Security 1.2 PRODUCTS cas 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. 0 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 a. 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 W Contractor or the Owner. The Contractor shall be responsible for coordinatinga. 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 112 of 128 Packet Pg. 331 C.3.g I- 0 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, A equipment, supplies, tools, machinery, and construction equipment. END SECTION 01600 a c`s MATERIAL AND EQUIPMENT 01600-Page 113 of 128 Packet Pg. 332 C.3.g I- 0 SECTION 01630 - POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY > 0 A. Section includes: 1. Post-proposal substitutions 1.2 SUBSTITUTIONS a 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. (s b. Manufacturer's literature, identifying: > 1) Product description. 2) Reference standards. a. 3) Performance and test data. C. Samples, as applicable. W d. Name and address of similar projects on which product has beena. 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 114 of 128 Packet Pg. 333 C.3.g I- 0 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. U) 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. U 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 (s Contract Documents. > 1.4 POST-PROPOSAL SUBSTITUTION FORM a. A. The form is attached to this section. a. (n 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 115 of 128 Packet Pg. 334 C.3.g I- 0 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: U) a SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM a� 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 a. Address c`s 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 116 of 128 Packet Pg. 335 C.3.g I- 0 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: 0 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: a. a. (n 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 ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) END SECTION 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 117 of 128 Packet Pg. 336 C.3.g I- 0 SECTION 01640 - PRODUCT HANDLING PART I--GENERAL 1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR > 0 A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. U) a� 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 cas 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 (s handling, storage, and protection. > 1.4 PACKAGING a. A. Deliver products to the job site in their manufacturer's original container, W with labels intact and legible. a. 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. x 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 118 of 128 Packet Pg. 337 C.3.g I- 0 C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 0 1.6 REPAIRS AND REPLACEMENTS 0 A. In event of damage, promptly make replacements and repairs to the approval of WOOD/Engineer and at no additional cost to the Owner. U) 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 c`s x PRODUCT HANDLING 01640-Page 119 of 128 Packet Pg. 338 C.3.g I- 0 SECTION 01700 - CONTRACT CLOSEOUT PART 1 — GENERAL 1.1 PROJECT TERMINATION > 0 A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: U) 1. Substantial Completion 2. Final Completion 3. Final Payment 1.2 NOTICE OF SUBSTANTIAL COMPLETION cas A. Contractor shall submit to WOOD/Engineer when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is 0 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 a. completion. a. �s 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 120 of 128 Packet Pg. 339 C.3.g I- 0 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. 2 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 (s 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. aa. s 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 121 of 128 Packet Pg. 340 C.3.g I- 0 A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. 0 D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals a 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. U 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 (s f. Other Adjustments > C. The Owner will prepare a final Change Order, reflecting adjustments to a. the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT aa. s c`s 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 122 of 128 Packet Pg. 341 C.3.g I- 0 SECTION 01710 - FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY > 0 A. Section includes: 1. Contractor's cleaning at completion of Work U) a� 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 cis 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. a. PART 3 - EXECUTION W a. 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. �s C. Polish glossy surfaces to a clear shine. x D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 123 of 128 Packet Pg. 342 C.3.g I- 0 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 U) 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 c`s x FINAL CLEANING 01710-Page 124 of 128 Packet Pg. 343 C.3.g I- 0 SECTION 01720 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY > 0 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 (n 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. cis D. Make documents available for inspection by WOOD/Engineer. > E. Failure to maintain documents up-to-date will be cause for withholding a. payments. a. �s 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 125 of 128 Packet Pg. 344 C.3.g I- 0 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 A 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: (s 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. a. Dimensions accurate to within 1" on the centerline of items _ shown schematically. U b. Identify each item, for example, "cast iron drain" aa. s "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. x PROJECT RECORD DOCUMENTS 01720-Page 126 of 128 Packet Pg. 345 C.3.g I- 0 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. U) a� END SECTION 0172 a c`s PROJECT RECORD DOCUMENTS 01720-Page 127 of 128 Packet Pg. 346 C.3.g L- 0 0 0 a a c`s 1 Packet Pg. 347 C.3.h AGREEMENT FOR 06 MARINE DEBRIS REMOVAL U) AS A RESULT OF HURRICANE IRMA BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ADVENTURE ENVIRONMENTAL INC. 0 This Agreement ("Agreement") made and entered into this 8t' day of May, 2019 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton c U Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," M through the Monroe County Board of County Commissioners ("BOCC"), Adventure Environmental, Inc. , a corporation of the State of Florida, whose address is 160 Georgia Avenue, E Tavernier, Florida 33070, its successors and assigns, hereinafter referred to as "CONTRACTOR", W a WITNESSETH: as WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane Irma; and WHEREAS, the County applied to FDEP for funding of marine debris removal and related services; and - WHEREAS, the FDEP has approved $242,265.44 for the clearing and monitoring of marine debris from plugged and non-plugged canals; and WHEREAS, the County may apply to FDEP for additional funding for clearing of additional canals in the event USDA NRCS EWP does not approve the remaining most impacted canals; and WHEREAS, the COUNTY issued a solicitation for Marine Debris removal work for - plugged and non-plugged canals for work funded by FDEP; and WHEREAS, the CONTRACTOR responded and was the top ranked proposer; and a WHEREAS, the COUNTY desires to employ the services of the CONTRACTOR for marine debris removal work related to Hurricane Irma; and a WHEREAS, CONTRACTOR has agreed to provide marine debris removal for plugged and E non-plugged canals, and marine debris removal and related services, dredging and trucking services, 0 which services shall collectively be referred to as the "Project"; and WHEREAS, the CONTRACT at this time shall be limited to marine debris clearing services 0 up to the amount of FDEP funding available for debris clearing and monitoring from Grants LP44073 ($42,265.44 total), SDO05 ($100,000) and LP44074 ($100,000 total). 1 Packet Pg. 348 C.3.h NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements 06 stated herein, and for other good and valuable consideration, the sufficiency of which is hereby A acknowledged, COUNTY and CONTRACTOR agree as follows: �s ARTICLE 1 FORM OF AGREEMENT 1.1 REPRESENTATIONS AND WARRANTIES 0 By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 0 �s 1.1.1 The effective date of this AGREEMENT shall be May 8, 2019. The term of the AGREEMENT shall be for a one-year period until May 7, 2020, unless otherwise terminated as provided herein. Work performed for Grant SDO05 must be completed by June 15, 2019, which includes but is not limited to plugged canals 19, 20, 62, 309 and 448. Any extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. 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; FU 1.1.3 The CONTRACTOR has become familiar with the Project site and the local conditions A 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 2 0. 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 c� eliminating any additional cost due to missing or incorrect information. a� 1.1.5 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regard to a� 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 0 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. 2 Packet Pg. 349 C.3.h 1.1.7 At all times and for all purposes under this agreement the CONTRACTOR is an 06 independent contractor and not an employee of the Board of County Commissioners for Monroe U) County. No statement contained in this agreement shall be construed so as to find the 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 0 (proposal). This Agreement includes the following exhibits and attachments: Attachment A Scope of Services 0 Attachment B Pricing Schedule Attachment C General Requirements, Special Provisions And General Conditions Attachment D FDEP Grant SDO05 E Attachment E FDEP Grant LP 44073 Attachment F FDEP Grant LP 44074 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. 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 A another 30 days of work. Time is of the essence and the CONTRACTOR must begin performance immediately upon the execution of each Task Order. At all times, the Contractor shall comply with and is bound by the terms and conditions set forth in DEP Grant SD005, FDEP Grant LP 44073, and FDEP Grant LP 44074, copies of which are attached hereto as Attachments C, D, and E and their 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 0 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 0 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: E c� 3 Packet Pg. 350 C.3.h Mr. Robert Shillinger 06 County Attorney 1111 12 ' Street, Suite 408 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator a 1100 Simonton Street, Room 2-205 0 Key West, Florida 33040 For the CONTRACTOR: 0 Mr. Gregory Tolpin 12895 Southwest 87 'Avenue Miami, Florida 33176 E 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. A 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 2 0. approval by COUNTY. - 0 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 c� 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 E COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work. 0 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 Packet Pg. 351 C.3.h 06 4.3 Prompt written notice shall be given by the COUNTY and its representative to the U) 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 0 CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its 0 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. a 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 5.1 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 A 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 2 negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. 5.2 In the event that the completion of the project (to include the work of others) is delayed or c� 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 E indemnify it from all losses occurring thereby and shall further defend any claim or action on the I- COUNTY's behalf The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the 0 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. 5 Packet Pg. 352 C.3.h This indemnification shall survive the expiration or earlier termination of the Agreement. 06 A ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the 0 project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 0 NAME FUNCTION Greg Tolpin Project Manager Chris Calarusso Superintendent E 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 4- 7.1 CONTRACT SUM FU The Contract Sum shall not exceed Two Hundred Thousand Dollars ($200,000.00) unless amended by formal approval of the Monroe County BOCC. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on the lump sum rates for the plugged canals clearing and the 2 0. rates negotiated and agreed upon for any non-plugged clearing and shown in the Pricing Schedule in Attachment B. 7.2 PAYMENTS For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet FDEP standards and requirements. Payment will be made upon the completion of individual Task Orders. 0 (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 0 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 6 Packet Pg. 353 C.3.h CONTRACTOR'S invoices shall describe with reasonable particularity the service 06 rendered. The CONTRACTOR'S invoices shall be accompanied by such U) documentation or data in support of expenses for which payment is sought and which the COUNTY may require, and which comply with FDEP requirements. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. 0 7.3 REIMBURSABLE EXPENSES There shall be no reimbursable expenses or items, other than those enumerated in the 0 Agreement. 0 7.4 BUDGET 7.4.1 The CONTRACTOR is not entitled to receive, and the COUNTY is not obligated to pay, r 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 receipt of funds by FDEP. 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. 4- 8.3 CONTRACTOR shall obtain and maintain the following policies: 0 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statutes Chapter 440. E B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease,policy limits, $1,000,000 Disease each employee. 7 Packet Pg. 354 C.3.h 06 C. Comprehensive business automobile and vehicle liability insurance covering claims U) for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including ofsite 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. a D. Commercial general liability, including Personal Injury Liability, covering claims for 0 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 0 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. E 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 made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover FU claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. A F. Watercraft Liability insurance of One Million Dollars ($1,000,000.00). as G. Jones Act Coverage: Recognizing that the work governed by this contract involves 2 0. 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 c� coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. H. COUNTY and FDEP shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder for all insurance coverages except Workers Compensation and Employers Liability. 0 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 0 COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. E 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 8 Packet Pg. 355 C.3.h COUNTY reserves the right to require a certified copy of such policies upon request. 06 The CONTRACTOR shall provide these certificates within ten (10) days following U) execution of this Agreement. Thereafter, the CONTRACTOR shall provide updated certificates as necessary,prior to expiration of the current policy period. 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. 0 ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS E 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. 4- 9.3 SUCCESSORS AND ASSIGNS FU 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. c� a 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. 0 9.5 TERMINATION A. Termination for Convenience: The COUNTY may terminate this Agreement for 0 convenience, at any time, upon sixty (60) days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the 9 Packet Pg. 356 C.3.h spending cap in this Agreement. In addition, the COUNTY reserves all rights available 06 to recoup monies paid under this Agreement, including the right to sue for breach of U) contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to do so to the other party; however, this provision may not be exercised during hurricane season (June 1 to November 30) unless both parties mutually agree to terminate. In the event of termination, the County shall owe for all goods and services 0 delivered prior to the date of termination. B. Termination for Cause and Remedies: In the event of breach of any contract terms, the 0 COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In E the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup W monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims A Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 (5) days written notification to the CONTRACTOR. 2 0. 4- 0 9.6 CONTRACT DOCUMENTS a This contract consists of the Request for Proposal including any addenda, this Agreement c� (Articles I-IX), the CONTRACTOR'S Proposal in response to the RFP including any exhibits 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 0 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 0 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 to Packet Pg. 357 C.3.h Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months 06 from the date of being placed on the convicted vendor list. U) 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. 0 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 0 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. E 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 A 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 2 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. a� 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 a� of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16'h 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 0 accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. E 9.10 SEVERABILITY ll Packet Pg. 358 C.3.h If any term, covenant, condition or provision of this Agreement (or the application thereof to 06 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 0 Agreement to replace any stricken provision with a valid provision that comes as close as 0 possible to the intent of the stricken provision. 0 9.11 ATTORNEY'S FEES AND COSTS 0 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. a 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, 4- 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. 4- 0 9.14 CLAIMS FOR FEDERAL OR STATE AID a CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, c� 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. a 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS E I- 0 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 0 any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. E c� 9.16 COOPERATION 12 Packet Pg. 359 C.3.h 06 In the event any administrative or legal proceeding is instituted against either party relating U) 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. 0 9.17 COVENANT OF NO INTEREST 0 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 E recited in this Agreement. a 9.18 CODE OF ETHICS as 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 2 0. 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 c� 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 E such fee, commission,percentage, gift, or consideration. I- 4- 9.20 PUBLIC RECORDS 0 Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of 13 Packet Pg. 360 C.3.h Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR 06 in conjunction with this contract and related to contract performance. The COUNTY shall U) have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 0 The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR 0 is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. E (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY 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 this chapter or as otherwise provided by law. (3) 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 COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall A 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 the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. as (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, c� the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. a IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO I- PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470 0 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 14 Packet Pg. 361 C.3.h liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of 06 liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. �s 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 0 Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit 0 cu 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 0 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 E or for the purposes contemplated in this Agreement. a 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 A costs. All such adjustments must be made within one year following the end of the Agreement. 9.24 NO PERSONAL LIABILITY 4- 0 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 c� 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 I- 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. 0 �s ARTICLE X PROVISIONS REQUIRED BY 2 CFR PART 200 (SUPER CIRCULAR) 10.1. AUDIT OF RECORDS 15 Packet Pg. 362 C.3.h 06 CONTRACTOR shall grant to the County, FDEM, FDEP , the State of Florida, and any other duly U) 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 FDEP or DEM, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. 0 In the event that FDEP, 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 0 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 E payments declared to be ineligible or non-allowable. a 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. 4- 10.2. PAYMENT AND PERFORMANCE BONDS: U) 10.2.1 The Proposer shall be required to furnish a payment bond equal to $1,000,000 or the Task Order cost, whichever is higher, prior to issuance of 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 0 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 Payment Bond Amount. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein 10.2.3 On projects where the bid exceeds $100,000, unless such requirement has been waived in accordance with Rule 60D-5.0041, Florida Administrative Code, the Bidder must provide with the bid, evidence of ability to provide the necessary performance and payment bonds for the project for E a 30-day Task Order by providing a letter of intent to provide a 100% performance bond and a 0 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance, and meeting the financial and performance rating required by the bidding documents. For contract amounts not exceeding $500,000 the provisions of c �s Section 287.0935 F.S. shall govern. as 10.3. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: 16 Packet Pg. 363 C.3.h 06 (1) The contractor will not discriminate against any employee or applicant for employment U) because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The C 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 0 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. 0 (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 E without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. a (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. C (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, c� 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. a� (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 0 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 further a Government contracts in accordance with procedures authorized in Executive Order 11246 of E September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in 17 Packet Pg. 364 C.3.h Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of 06 Labor, or as otherwise provided by law. U) 10.4. OTHER FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix H to Part 200, as amended, including but not limited to: 0 A. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). 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 0 Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in excess of$150,000. a B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the A acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in 2 Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or sub recipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the c� Federal awarding agency. a� C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, as 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 0 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. 18 Packet Pg. 365 C.3.h 06 D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the U) 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 0 implementing regulations issued by the awarding agency. F. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 0 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 E 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. G. 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 FU 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. A I. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 0 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. OTHER FEDERAL REQUIREMENTS: I- 0 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 19 Packet Pg. 366 C.3.h this Agreement. The DBE requirements of applicable federal and state laws and regulations apply 06 to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the U) 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 of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 0 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 0 a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and E labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of A Commerce. (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this sub-section. 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- c� 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 E E any other party pertaining to any matter resulting from the contract. I- 4- 10.6. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and 0 Statements) applies to the Contractor's actions pertaining to this contract. 20 Packet Pg. 367 C.3.h 06 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA 0 By: By: Deputy Clerk Mayor/Chairman Date: 0 ADVENTURE ENVIRONMENTAL, INC. a By: By: WITNESS Print name: Print name and title: By: WITNESS I Print name: � STATE OF COUNTY OF On this day of 201 , before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public E Print Name 0 My commission expires: Seal 0 �s 21 Packet Pg. 368 C.3.h ATTACHMENT A 06 A SCOPE OF WORK 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". a The contractor must be available and mobilize within five calendar days of the Notice To Proceed 0 for the plugged canal work and within fifteen (15) calendar days for all other work from the date of issuance of a Task Order by Monroe County. When issued, the Task Order will describe the response and recovery operations to be performed. c �s 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. E U) 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 six work categories include: 1) Debris removal from 5 plugged canals 4- 2) Debris removal from non-plugged canals 3) Organic sediment, silt and sand removal 4) Operation and management of TDMAs, including sorting and reduction of debris; 5) Transportation and disposal of the material from the County's TDMA sites to final disposal sites; and 6) Derelict vessel recovery. The minimum 5 plugged canals are as follows: - PROJECT LOCATION: The Project will be located in a minimum of five plugged canals, and others as may be directed by the COUNTY, throughout the Florida Keys: a Canal Name Latitude Longitude Estimated Cubic Yard of Debris to be Removed E E 19 Key Largo Split 25.2100460 -80.3388620 100 0 20 Key Largo 25.1944240 -80.3500150 200 62 Rock Harbor 25.0901220 -80.4601190 100 309 Big Pine Key 24.6665570 -81.3649260 500 c 448 Big Coppitt Key 24.5953050 -81.6479190 100 22 Packet Pg. 369 C.3.h CATEGORY 1. REMOVAL OF MARINE DEBRIS FROM PLUGGED CANALS AND 06 TRANSPORT TO TDMA'S. U) Description: The Contractor will remove all marine debris from plugged canals 19 and 20 in Key gj Largo, 62 in Rock Harbor, 309 and 448 in Big Pine Key. 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 (Big Pine Prison and Rowell's Park Disaster Debris Management Sites .2 (DDMS)),including oversight of operations for the project. 0 The County will be responsible for renewing the required FDEP authorizations to continue to operate the approved DDMSs in compliance with all applicable Department regulations. Alternatively, the 0 debris may be taken directly to a DEP-permitted solid waste transfer station for disposal. The definition of marine debris includes but is not limited to: c • 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, • Identification, removal, transportation, and disposal of, traps and other man-made materials, and floating structures. Detailed Responsibilities: • 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 W that is laying 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 a 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. 2 0. 4- Contractor shall be responsible for obtaining access to the plugged canals c a • 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 I- produce a pre-construction video to document the existing conditions. The documentation shall 4- utilize a high-resolution digital video camera with extended still 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 E 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 23 Packet Pg. 370 C.3.h commentary of the camera operator with proper volume, clarity, and be free of distortion. The 06 construction shall not proceed until the County have reviewed the documentation and notified A the Contractor of its acceptability. • The Contractor shall be cognizant of the various working conditions to be encountered under this contract for the plugged canals,i.e. no direct boating access, shallow depths surrounding the canals and deep canals. IL • The Contractor shall be responsible for returning all Disaster Debris Management Sites (DDMS) 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. U The County will be responsible for locating and providing DDMSs sites at County expense and obtaining and paying for necessary permits and authorizations for appropriate DDMS sites. c E The Contractor will be responsible for the management and oversight of the County designated DDMSs U) for storage of marine debris prior to appropriate final disposal. • The Contractor will be responsible for preparing each DDMS 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. w • 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 DDMS site is secure and not accessible by the public during operation and after working hours. • After the debris has been reduced and hauled to final disposal sites, the contractors will be 0 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. a • 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 0 • 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 0 • Provide daily reports on all debris recovery operations to include all equipment and personnel U used to the monitoring firm. 24 Packet Pg. 371 C.3.h 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 DDMS site to final A disposal sites. Optional Task—to be implemented at the option of the County: CATEGORY 2. REMOVAL OF MARINE DEBRIS FROM NON-PLUGGED CANALS AND TRANSPORT TO TDMAS; MAY INCLUDE MANGROVE TRIMMING. 0 CONTRACTOR will be responsible for the removal of marine debris from other plugged and non- plugged canals at the direction of the County. Efforts are to include the identification of locations in the water where significant marine debris exists, locating, removing, and transporting of the marine 0 debris to debris sites (TDMAs), including oversight of operations for the project. The definition of marine debris includes but is not limited to: c a� • 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, a • 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. ; w Detailed Responsibilities: A • The Contractor will determine locations of marine debris in any manmade canals within an area of unincorporated Monroe County as directed by the County. • 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 laying 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 0 cost-effective technology, including side scan sonar or other methodology, to provide identification and assessment of debris locations —if requested by the County. 0 U • 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 frame 25 Packet Pg. 372 C.3.h capability. The documentation shall record surface features located within the construction 06 zone including, but not limited to, staging area, canal seawalls, boat lifts, boats, and any U) 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 0 free of distortion. The construction shall not proceed until the County have reviewed the documentation and notified the Contractor of its acceptability. 0 • The Contractor shall be cognizant of the various working conditions to be encountered under �s 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. as • 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. A • 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 0 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 FDEP, the State of Florida, and the County. • The Contractor shall be responsible for returning all TDMA's to their pre-debris storage a� condition and shall provide such environmental tests or studies as may be required by the County in order to prove cleanup. I- 0 The County, at its option, may include mangrove trimming, as follows: 0 • The trimming shall be limited to those portions of branches or trunks of mangroves which extend into the navigation channel beyond a vertical plane of the most waterward prop root or root system. 26 Packet Pg. 373 C.3.h • Professional mangrove trimmer(s) is responsible for strict application of ANSI 4300 (Part 1) 06 Pruning Standards and the corresponding Best Management Practices (BMP) companion A publication. • Contractor is responsible for removal and safe disposal of all pruned material from navigable waters and mangrove canopies. • No herbicide or other chemical will be used for the purpose of removing leaves of a mangrove. • Trimming activities shall not defoliate, remove or destroy mangroves; • Contractor is responsible for maintenance and safe operation of all necessary equipment at all times. • Contractor is responsible for avoiding adverse impacts to benthic resources, including but not limited to seagrass and mangrove root systems. E Optional Task—to be implemented at the option of the County: CATEGORY 3: SILT, SEDIMENT AND SAND REMOVAL: 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. Vendors may propose one or more dredging methods on the FU pricing sheet. The County shall have the final selection option. A Note that all applicable State and Federal permits for this category of work must be obtained in advance before work can begin, as must FDEP approval. Due to this process, it is anticipated that this category of work will not begin for several weeks or months after RFP opening, if at all. The County will submit and obtain all permits for any organic silt, sediment and sand removal activities. The United States Army Corps of Engineers (USAGE) and Florida Keys National Marine Sanctuary 0 (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. as 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 E Sulfide gas shall be completed during the completion of work, and necessary mitigation measures 0 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. 27 Packet Pg. 374 C.3.h The Contractor shall specify and utilize the dredge equipment to remove the organic muck and 06 sediment. The Contractor shall be aware that the pumping rate may be constrained by the sediment U) 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 pipelines. Immediately remove dredged material discharged in wetlands or other areas outside of the identified project area due to leaks and breaks. 0 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. 0 Polymers E 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. FU C. The Contractor is responsible for installing and operating polymer mixing and dosing A 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 a residual polymer concentration does not exceed the permitted toxicity concentration Dewatering Of Excavated Material a� The Contractor shall utilize either a mechanical or passive system for sediment dewatering purposes a� 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. 0 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 0 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. E Disposal Of Excavated Material 28 Packet Pg. 375 C.3.h The Contractor shall provide for safe and legal transportation and disposal of dredged materials to 06 the TDMA site. The deposit of dredged materials in unauthorized places is forbidden. Spoil U) 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 0 County approved Class 1 disposal facility. Optional Task—to be implemented at the option of the County: 0 CATEGORY 4: 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 a� 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 4- public during operation and after working hours. c a • 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. 0 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. 0 U 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 E handling Freon removal from white goods, which shall be on a separate,per unit cost. 29 Packet Pg. 376 C.3.h • Debris will be sorted into clean vegetative, C&D, seaweed/seagrass, sediment, white goods 06 and household hazardous waste. Vehicles and vessels shall be stored separately on site. U) • All debris shall be mechanically loaded and reasonably compacted in the truck �s • 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 0 • Provide daily reports on all debris recovery operations to include all equipment and personnel used to the monitoring firm. 0 U • 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 E recovered a CATEGORY 5 TRANSPORTATION OF MATERIALS FROM PLUGGED CANAL SITES OR TDMA TO FINAL APPROVED DISPOSAL LOCATION a 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 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, 0 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. a 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. Optional Task—to be implemented at the option of the County: CATEGORY 6: REMAINING ABANDONED AND DERELICT VESSEL RECOVERY ,0 AND DISPOSAL The Coast Guard and Fish and Wildlife Commission "FWC" have completed their derelict vessel c �s 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 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 30 Packet Pg. 377 C.3.h for the removal of larger vessels which are located in shallow waters and are hard aground. Work 06 will also include obtaining necessary salvage approvals through applicable state and federal A 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 0 least costly approach for salvage or disposal as appropriate. • Transportation to the County's designated temporary debris sites for storage of vessels c U (including floating structures) and associated debris prior to appropriate final disposal. 0 • Assess total potential value of the removal operation whether by means leading to disposal E or by means appropriate for salvage and sale for cost. a • Work with local, state, and federal agencies to approve salvage plans for vessels that are located on sensitive marine or wetland resources, including shallow water seagrass areas and mangrove communities. • Prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on which abandoned vessels will be "eligible" under FEMA's eligibility guidelines. 4- w • Prior to ultimate removal from the marine environment, reach agreement on which vessels �, will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction. • Contractor will provide supervision for project oversight efforts as may be required by FDEP and the County in conjunction with County staff and/or a monitoring firm employed by the County. 0 • Monroe County will maintain an independent Monitor Firm representing the County. • Contractor will be responsible for all project oversight where salvage plans have been applied for and approved and necessary salvage criteria or constraints are imposed by approving agencies. • Contractor will be responsible for the management of all project expenses and billing I- documentation as will be required by FDEP and the County and submission of the same to 4- the County or its agent. 0 �s 31 Packet Pg. 378 C.3.h ATTACHMENT B 06 A PRICING SHEET �s 0 0 �s 0 a a A 4- 0 a A a I- 0 0 u 32 Packet Pg. 379 C.3.h 06 ATTACHMENT C GENERAL CONDITIONS a a cv A 4- 0 a A a I- 0 0 u 33 Packet Pg. 380 C.3.h 06 ATTACHMENT D—FDEP Grant SDO05 U) IL 0 0 Fu a cv A 4- a a a 4i 34 Packet Pg. 381 C.3.h ATTACHMENT E -- FDEP Grant LP 44073 06 A �s �s a a A 4- 0 a A a I- 0 0 u 35 Packet Pg. 382 C.3.h 06 ATTACHMENT F FDEP Grant LP 44074 A �s �s a a A 4- 0 a A a I- 0 0 u 36 Packet Pg. 383