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Item C22 BOARD OF COUNTY COMINIISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 100A. 2014 Division: Public Works and Engineering Bulk Item: Yes No Department:Project Management Staff Contact/Phone#:Wilson.X8797 AGENDA ITEM WORDING: Approval to enter into a contract with the sole responsive bidder for the Blimp Road Boat Ramp Repairs,Douglas N. Higgins,Inc. This project is funded through Boater Improvement Funds. ITEM BACKGROUND: The contract is for the construction of a 30 foot wide by 40 foot long extension of the existing ramp. The only responsive bidder was Douglas N. Higgins, Inc. for the Bid amount of$177,200.00. PREVIOUS RELEVANT BOCC ACTION: On September 17 2014 the Board of County Commissioners rejected the previous bid from Douglas N Higgins for construction of the Boat Ramp which came in at a higher cost than was originally anticipated. Efforts to lower the cost were rejected and the design was advertised for a second time in October of 2014. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Staff Recommends Approval. TOTAL COST: 177 200.00 INDIRECT COST: N/A BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $177,200.00 SOURCE OF FUNDS: Boater Improvement Fund REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Y APPROVED BY: County Atty O /Purcl�as ng Risk l anagemen ;�z DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM# FA.to Revised 7109 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Douglas N. Higgins, Inc. Contract# Effective Date: December 10 ,2014 Expiration Date: Contract Purpose/Description: Im roventent and extension fo a 30 foot wide by 40 foot long concrete slab to the existing Blim Road Boat Ram .The existingram is too short and the ublic often has to overcome difficulties launching small craft at the public boat Contract Manager: Ann Ri er 4439 En ineerin /Stop#1 (Name) (Ext.) (Department/Stop#) for BOCC meetin on Dec. 1&,2014 A ends Deadline:Nov.21st,2014 ------------- CONTRACT COSTS Total Dollar Value of Contract:$ 177,200.00 Current Year Portion: $ 177,200.00 Budgeted? Yes® No❑ Account Codes: 157-62520- � Grant: $ 0.00 _ - County Match: $ 177,200.00 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above (e .maintenance.utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed R fewer Division Director Yes[:] Noff t � Risk Management Yes❑No� O.M.B.�Purcl ing Yes No County Attorney /l "- i�/ YesO NoFX1 Comments: OMB Form Revised 2/2711 MCP#2 4- 4- cn F— 0 Z CL 0 V) 0 N of ui 0 0--q co LU LnLi 0 .0 0 < UA Lu Z ui 7.1 UJ C)of ce WLU. z C4 Z -0 0 LL LA L 0 -0 uj z 0 LO a 0 co Z LU 4- z Z Uj ui > Co 0 CO z w 1-4 AO Co - 0 ace 0) Z z N CL 0 42 r- .j S-0 >CA) ui czn CL cc Q -0 -o 0 U,i j .j Lij 0 o 4) CL 0 + LU 40 a_ E- ul) LU U) 4- �w Z) C> 0 0 CL _r_+- Q LU CL 4) r4) C- 15 +- 4- o- 4— l -2 0 u LL 0asCL Q 1-4 U) co _0 X Agreement Between Owner and contractor Where the basis of payment is a STIPULATED SUM THIS AGREEMENT, made as of the Tenth day of December Two Thousand and Fourteen. BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Douglas N. Higgins, Inc. 339 Travis Pointe Rd. Suite A AnnArbor, Mi 48108 For the following Project: Blimp Road Boat Ramp Repairs, Cudjoe Key Project Manager: Johnnie Yongue Monroe County Project Management 1100 Simonton Street Second Floor-Room 2-216 Key West, Florida, 33040 The Engineer is: Ty Lin International/H J Ross 201 Alhambra Circle, Suite 900 Coral Gables, FI 33134 The Owner and Contractor agree as set forth below: Scope of the Work for the Agreement: 1. The Scope of work includes construction of a 40 foot long, 30 foot wide, concrete extension to the existing boat launch ramp at the end of Blimp Road, Cudjoe key. Work includes the excavation and removal of debris to accommodate for extension of the ramp into the water. Excavation of entire footprint of the new slab will be to the capstone under the ramp, bottom of new slab will conform to the existing capstone. Construction of new extension of ramp will be of steel reinforced 4000psi concrete. Dewatering of site is allowed and shall be performed in accordance to the permit issued by the Florida Department of Environmental Protection. All site preparations and construction of new ramp shall be performed within the 2 foot impact zone surrounding the new proposed ramp slab. Additional impacts are not allowed. Prior to performing work, contractor will be required to prepare site for construction as required of the drawings including but not limited to posting of all signage and construction of and maintenance of the turbidity barrier as described in the construction AGREEMENT Page 1 of 47 drawings which will remain in place until contractor and owner agree all work is complete and barrier is no longer required. Contractor will be responsible to keep construction site clean and safe. It will be the contractors' responsibility to verify the onsite conditions and plan construction accordingly in consideration of any advantages or disadvantages due to tides and weather. 2. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Contractor shall be responsible for complying with permits obtained by the County from the US Army Corps of Engineers and Florida Department of Environmental Protection, which are a part of this bid package. Army Corps Permit #SAJ-2012- 02955(LP-IMT) Contractor shall provide written notification of Commencement of authorized to the Corps. Contractor shall complete the "Self Certification Statement of Compliance Form" and submit to the Corps within 60 days of completion of construction. Contractor will post the Permit and signs as required by the permit. Contractor and Subcontractors agree to the terms of the Army Corps permit (Attached as "Exhibit A") 3. The contractor will be responsible to obtain all additional necessary permits and approvals for the construction of the boat ramp repairs including Monroe County Growth Management, Monroe County Engineering Department, FDOT, and all other agencies, as applicable. 4. Contractor shall post weather resistant job site signage a minimum of 24 inches by 36 inches with 2 inch high red lettering on white background, clearly stating ramp closure, start and finish dates a minimum of 14 calendar days before commencement of work. SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Project Management prior to notice to proceed. AGREEMENT Page 2 of 47 2. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. 3. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 4, 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 roposed and constructed. Notify Project Management in any event, in order to not compromise the Owner's right to make appropriate decisions. 5. 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 inside the building with out written permission. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. 7. Coordination of each days works shall be done in advance with approval from County. All spaces interior and exterior shall be cleaned and returned to normal each work period. & The Contractor shall be responsible to verify locations of services and infastructure to be affected. ............ ............-.......... ARTICLE I The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 Date of Commencement and Substantial Completion AGREEMENT Page 3 of 47 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner_ TheContractor shall achieve Substantial Completion of the entire Work not later than Sixty(60) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $1 00.00/Day $250.00/Day $50,000.00-99,999.00 1 00.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recover y of damages, and sole remedy for any, delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Seventy Seven Thousand Two Hundred and 00i100 Dollars ($177,200.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate# 1: No Alternates Specified 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: AGREEMENT Page 4 of 47 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require, This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management, When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of 10%will be withheld in accordance with section 218.735 (8(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor AGREEMENT Page 5 of 47 except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management, Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadabie 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. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners, 7.5 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 a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. AGREEMENT Page 6 of 47 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect, The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duty authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of AGREEMENT Page 7 of 47 this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,,or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of AGREEMENT Page 8 of 47 public position, conflicting employment or contractual relationship; and disclosure or use of cadmininfnrmaUom. mn) No So|ioitetion/PmVrment. The County and Contractor warrant that, in respect to itaelf, it has neither employed nor retained any company or penamn, other than m bona fide employee mm'rhin0 solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, oornpany, uorpmrat|mn, indiv|dua|, or firm, other than a bona fide employee working solely for it. any #ye, omnnrnission, penoamtmge, gift, or other consideration contingent upon or resulting from the mxxand or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its d1screbon, to offset from nnmmieo oxxed, or otherwise necover, the full amount of such fee, commission, percentage. Qift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters mr other materials in its possession or under its control subject to the provisions of Chapter 119. Florida Statuhas, and made or received by the County and Contractor in conjunction with this Agreement; and the County eho|| have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency |n order t0perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and ata 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 ms authorized hylaw. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records io possession ofthe contractor upon termination ofthe contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public mQmncV in m format that is compatible with the information technology systems of the public agency, o\ Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28. Florida Statmtea, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance covara0e, self-insurance coverage, or local government liability insurance pool coverage ahmU not be deemed a waiver of immunity tmthe extent of liability cmvmna0e, nor shall any contract entered into by the County be required to contain any provision for waiver. p\ Privileges and |rnrnumiUes. All of the privileges and immunities from |iabi\ib/, exemptions from |aVVs, omdimamce8, and rules and pensions and mm|ief, disability, workers' � compensation, and aQonts. �r employees of � . any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and � extent to the performance of such functions and duties of such offioans, agentm, volunteers, or � employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional orStatutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any � participating entity from any obligation Or responsibility imposed upon the entity by law except tm � the extent of actual and Urne|y performance thereof by any participating en1ity, in which case the AGREEMENT Page 9 of 47 / performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any 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) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants AGREEMENT Page 14 of 47 that the Contractor shall hold We County harmless and shall indemnify it from ail losses occurring thereby and shall further defend any claim nr action on the Counb/mbehalf. The first ten dollars ($10,00) of remuneration paid to the Contractor in for the indemnification provided for the above. xx) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of na&ananum only, and it is oQnmed that such section headings are not a port of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise(O0E) Policy and Obligation. |tia the policy ofthe County tha1DBE's. as defined in C,F.R. Part2G, as ammnded, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE'a have the opportunity to participate in the performance of the Agreement, In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and mbaba |owo and regulations to ensure that DBE'e have the opportunity tocompete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of rooa, oolur, national origin or sex in mvverd and performance of contracts, entered pursuant tm this Agreement. y] Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party. the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY em additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings hu conform ho Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 Termination or Suspension 8.1 The Contract may bm terminated by the Owner as provided in Article 14mf the General Conditions. ARTICLE 9 Enumeration mfContract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are � enumerated in this Section 9.1 through 9.1.6 and include the Technical Specifications for this Project are contained in the Drawings: G-0. G-11, S-1' S-2,S-3. 9.11 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The Genera( Conditions are the General Conditions of the Contract for Construction, 91.3 The Supplementary and other Conditions of the Contract are those contained in the bid documents September 2O14. ! 9.1.4 The Addenda, if any, are mmfollows: Number Date Pages � # October 10. 2014 4 9.1.6 The A|hanmmtes, if any,are as follows: None � - - - _ AGREEMENT Page 11of47 9.1 6 Department of the Army permit and all regulations therein including General Conditions 33 CPR Part 320.330,including Standard Manatee Conditions,Sea Tuttle and Smailtooth Sawfth Conditions. (Attached Exhibit"A") W � This Agreement is entered into as of the day and year first written above and is executed in at least four 13C original copies of which one is to be delivered to the Contractor. O k two COE q ® � Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE >. r PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED 8Y ANOTHER Z y OFFICER OF THE ENTITY. U v M Lu ' (SEAL) BOARD OF COUNTY COMMISSIONERS w 0 to Attest; Amyx Heavilin,Clerk OF MONROE COUNTY,FLORIDA 5 � , z rra By, Deputy Clerk a. :�....... Y� .... Mayor/Chairman orlCttai p y k y rman Date (SEAL) CONTRACTOR DOUGLAS N.HIGGINS,INC. WITNESS, `ON ACTOR � _ e Print Name__, �_ �f �? � , Print name c��. � i�—iLI Title: �, _�....�.�.., ,�" �.... _. _� Title: Date: w _ .; Dante: .."' STATE OF itt: RIDA 6� COUNTY OF On this 'r' � ay of '''�1 " D ' before me,the undersigned notary public, personally appeared known to me to be the person whose name Is subscribed above who produced P ', (1 18 Identification,and acknowledged that he/she is the person who executed the above contract Oith.Monroe County for the Blimp Road Boat Ramp Repairs,Cudjoe Key, for he purpo s therein ntained Notary Public Print Name My commission expires:,_,J-- i),..t Seal SAND RA K OAARISON NOTARY PUBUG•STAVE OF MICHIGAN COUNTY OF WASHTENAW My Commission Expires January 10,2020 AGREEMENT Page 12 of 41 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY General Conditions of the Contract for Construction Where Project Management is Not a Constructor Table of Articles 1. General Provisions 8. Time 2. Owner 9. Payments and Completion 3. Contractor 10. Protection of Persons and Property 4. Administration of the Contract 11. Insurance and Bonds 5. Subcontractors 12. Uncovering and Correction of Work 6. Construction by Owner or By Other 13. Miscellaneous Provisions Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract GENERAL CONDITIONS Page 13 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Contractor's proposal and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by Project Management, 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 Architect and Contractor, (2) between Project Management and Contractor, (3) between the Architect and Project Management, (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 Project Management and Architect. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Project Management. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents, GENERAL CONDITIONS Page 14 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect'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 the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Project Management, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from Project Management at a fee of$5.00 per page for full size drawings (25 per page for written specifications or 11"x 17" drawings). 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 GENERAL CONDITIONS Page 15 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as"the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.© OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals, easements, assessments and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities except for permits and fees which are the responsibility of the Contractor under the Contract Documents. It is the Contractor's responsibility to secure and pay for the building permit(s)for the project. 2.2.4 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. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Project Management and may contemporaneously provide the same communications to the Architect. 2.2.7 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 l 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written GENERAL CONDITIONS Page 16 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 Project Management's and Architect'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 Project Management, notice will be given, and contractor is required to rectify deficiency immediately, 3.0 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.11.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Project Management, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 321 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 Project Management and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Project Management or Architect 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 Project Management and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Project Management and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Project Management and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3,3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the GENERAL CONDITIONS Page 17 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY Work under this Contract, subject to overall coordination of Project Management 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 Project Management in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Project Management, the Contractor will remove and/or replace the employee at the request of Project Management. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Project Management, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including GENERAL CONDITIONS Page 18 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 Project Management, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility 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. The Contractor will be responsible for all building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Project Management, Architect 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 Project Management, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.91 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The - superintendent shall be satisfactory to Project Management and shall not be changed except with the consent of Project Management, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and Project Management'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 GENERAL CONDITIONS Page 19 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, 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 Project Management's approval. 3.10.2 The Contractor shall cooperate with Project Management 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 Project Management will schedule and conduct a project meeting at a minimum of one meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data-, Samples and similar required submittals. These shall be available to Project Management and Architect and shall be delivered to Project Management for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12,2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12-4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Project Management is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance with the schedule and sequence approved by Project Management, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Project Management in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.1 Z 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 Project Management. Such Work shall be in accordance with approved submittals. GENERAL CONDITIONS Page 20 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 Project Management approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Project Management and Architect in writing of such deviation at the time of submittal and Project Management have 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 Project Management's approval thereof. 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 Project Management and Architect on previous submittals. 3.12.10 Informational submittals upon which Project Management 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, Project Management and Architect 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 Project Management for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Project Management before using any portion of the site, 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Project Management, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of Project Management shall also be required. The Contractor shall not unreasonably withhold from Project Management or any separate contractor his consent to cutting or otherwise altering the Work. GENERAL CONDITIONS Page 21 of 47 BLIMP ROAD BOAT RAMP REPAIRS, ICUDJOE KEY 3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 Thd Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Project Management. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project Management may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Project Management and Architect 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, Project Management and Architect 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 Architect and Project Management. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii)any 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) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (13) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. GENERAL CONDITIONS Page 22 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 4.1.1 The Architect and /or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 Project Management 4.2.1 Project Management is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Project Management" means Monroe County Project Management Department or Project Management's authorized representative. 4.3 Duties, responsibilities and limitations of authority of Project Management and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Project Management, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 Project Management and Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Project Management and Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 Project Management and 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. GENERAL CONDITIONS Page 23 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 4.6.3 Project Management will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them The Contractor shall participate with other Contractors and Project Management and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Project Management and the Owner until subsequently revised. 4.6.4 Not used, 4.6.5 Project Management 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. However, Project Management will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect, Project Management 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 Project Management 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 Project Management nor the Architect 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 Project Management, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Project Management and shall be contemporaneously provided to the Architect. 4.6.8 Project Management will review and certify all Applications for Payment by the Contractor, including final payment. Project Management 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 Project Management. 4.6.9 Based on Project Management's observations and evaluations of Contractors' Applications for Payment, Project Management will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 Project Management 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 Project Management. Subject to review, GENERAL CONDITIONS Page 24 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY Project Management will have the authority to reject Work which does not conform to the Contract Documents. Whenever Project Management considers it necessary or advisable for implementation of the intent of the Contract Documents, Project Management will 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 Project Management will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Project Management's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project Management to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Project Management 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. Project Management 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 Project Management 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. Project Management 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 Project Management, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. Project Management review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Project Management's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Project Management, of any construction means, methods, techniques, sequences or procedures. Project Management's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Project Management will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, Project Management will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist Project Management in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to Project Management written warranties and related documents required by the Contract and assembled by the Contractor. Project Management will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 Project Management will provide one or more project representatives to assist in carrying out his 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. GENERAL CONDITIONS Page 25 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 4.6.18 Project Management will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. Project Management'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 Project Management shalt be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Project Management to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of Project Management will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, Project Management 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 Project Management'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 shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Project Management shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16 th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7,5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: ,1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially GENERAL CONDITIONS Page 26 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. Project Management will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Project Management, (2) a written order for a minor change in the Work issued by Project Management, (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 other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work GENERAL CONDITIONS Page 27 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 Project Management for review by the Owner and Project Management the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Project Management will promptly reply to the Contractor in writing stating whether or not the Owner or Project Management, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Project Management has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Project Management has made reasonable objection. 5.23 If the Owner or Project Management 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 Project Management makes reasonable objection to such change, 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or Project Management. Each subcontract agreement shall preserve and protect the rights of the Owner or Project Management under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.41 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: A assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. i. If the work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. GENERAL CONDITIONS Page 28 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6,1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Project Management. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Project Management, 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 Project Management 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, Project Management 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, prior to proceeding with that portion of the Work, promptly report to Project Management any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6,2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations- 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause GENERAL CONDITIONS Page 29 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY of the delay, notify Project Management 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 Project Management within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor faits to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Project Management for an increase in the Contract price, nor a claim against the Owner or Project Management 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 Project Management determines to be just. 7.0 CHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work maybe 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, Project Management and Contractor; a Construction Change Directive require agreement by the Owner, Project Management and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by Project Management alone. 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 GENERAL CONDITIONS Page 30 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 7.2.1 A change Order is a written instrument prepared by Project Management and signed by the Owner, Project Management and Contractor stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and ,3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 723 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 Project Management 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 Project Management, 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 Project Management representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Project Management with all supporting documentation required by Project Management 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 Project Management. 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 Project Management. 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 GENERAL CONDITIONS Page 31 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); 2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent(10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Project Management, 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 Project Management such as certified quotations or invoices shall be provided by the Contractor to Project Management at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by Project Management, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project Management 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. .1 The written notice to Project Management for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.3 Authority 7.3.1 Project Management 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 Project Management and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. 8.0 TIME GENERAL CONDITIONS Page 32 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in thiB 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 Project Management 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/Project Management 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. 822 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. 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 8.31 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Project Management, or the Arch itect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Project Management, or by any other cause which Project Management determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Project Management may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Project Management 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. GENERAL CONDITIONS Page 33 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to Project Management, 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 Project Management may require. This schedule, unless objected to by Project Management, 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 Project Management an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Project Management may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work- If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. GENERAL CONDITIONS Page 34 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9A.1 Project Management 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 Project Management's receipt of the Project Application for Payment, Project Management will either approve the Application for Payment, with a copy to the Contractor, for such amount as Project Management determine is properly due, or notify the Contractor in writing of Project Management'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 Project Management 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 Project Management's knowledg-e, 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 Project Management. 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 Project Management has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or(4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.6 Decisions to Withhold Approval 9.5.1 Project Management may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported, If the Contractor and Project Management cannot agree on a revised amount, Project Management shall process the Application for the amount it deems appropriate. Project Management may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent GENERAL CONDITIONS Page 35 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 Project Management, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Project Management. 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 Project Management 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 Project Management. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by Project Management to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 Project Management 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 Project Management on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Project Management shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6A. GENERAL CONDITIONS Page 36 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9-6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Project Management to require the fulfillment of all the terms of the Contract. 9-6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Project Management shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor 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, Project Management 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 Project Management. The Contractor shall then submit a request for another inspection by Project Management, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Project Management will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9,8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Project Management, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. GENERAL CONDITIONS Page 37 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents, When the Contractor considers a portion substantially complete, the Contractor and Project Management 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 Project Management. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management 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. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Project Management a final Contractor's Application for Payment. Upon receipt, Project Management will promptly make such inspection. When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management 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. Project Management's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to Project Management (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of GENERAL CONDITIONS Page 38 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadaNe 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. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F.Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (inducles final release from all utilities and utility companies). 9.10.3 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. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project Management 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 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to Project Management for review, approval and coordination with the safety programs of other Contractors. GENERAL CONDITIONS Page 39 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 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 and Project Management in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to Project Management in writing. The Owner, Contractor and Project Management 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 and Project Management 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 and Project Management 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 or Project Management has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Project Management have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who 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 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, GENERAL CONDITIONS Page 40 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 10,2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Project Management or Architect 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 Project Management. 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. 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and GENERAL CONDITIONS Page 41 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Project Management as satisfactory evidence of the required insurance, either; Certificate of Insurance Or A certified copy of the actual insurance policy 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 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 A Public Construction Bond in the amount of the cost of construction is a requirement of this Contract. 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 Project Management's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by GENERAL CONDITIONS Page 42 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY Project Management, be uncovered for their observation and be replaced at the Contractor's expense with'out change in the Contract Time. 12.1.2 If a portion of the Work has been covered which Project Management has not specifically requested to observe prior to its being covered, Project Management may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by Project Management 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 Project Management'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 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from Project Management, 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 Project Management'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 GENERAL CONDITIONS Page 43 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13,2.1 The Owner or Project Management (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract 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 Project Management. 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: Douglas N. Higgins, Inc. 339 Travis Pointe Rd. Suite A Ann Arbor MI. 48108 For Owner: Director of Project Management County Administrator 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West Florida 33040 GENERAL CONDITIONS Page 44 of 47 BUMP ROAD BOAT RAMP REPAIRS, CILIDJOE KEY 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder 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, Project Management, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Project Management timely notice of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 115.2 If Project Management, 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, Project Management will, upon written authorization from the 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 Project Management of when and where tests and inspections are to be made so Project Management may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Project Management'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 Project Management. 13.5.5 If Project Management is to observe tests, inspections or approvals required by the Contract Documents, Project Management will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 137.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. GENERAL CONDITIONS Page 45 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with Project Management, and upon certification by Project Management that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination. GENERAL CONDITIONS Page 46 of 47 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY EXHIBIT "A" DEPARTMENT OF THE ARMY Enclosures (9) • General Conditions • Standard Manatee Conditions for In-Water Work—2011 • Sea Turtle and Smalltooth Sawfish Construction Conditions • Project Plans (p 1-5/5) • Notice of Permit • Self Certification Statement of Compliance • Preliminary Jurisdictional Determination Form • Request for Appeal form • Request Permit Transfer form 9 GENERAL CONDITIONS Page 47 of 47 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS MIAMI REGULATORY OFFICE 9900 SW 107TH AVENUE,SUITE 203 ,. MIAMI,FLORIDA33176 REPLY ATTENTION OF DEC 17 2013 Regulatory Division South Permits Branch Miami Section SAJ-2012-02955 (LP-IMT) Monroe County Board of County Commissioners c/o Jerry A. Barnett 1100 Simonton Street, Suite 2-216 Key West, FL 33040 Dear Mr. Barnett; This is in reference to your request for a Department of the Army(DA) permit to perform work in or affecting waters of the United States. If you determine the permit provided is acceptable in its entirety and you have chosen to proceed with the authorized activity, then upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344), you are authorized under a Letter of Permission to deploy 1,204 square feet (30.1' by 40') of concrete slab in order to repair and extend an existing boat ramp; and to temporarily deploy floating turbidity curtains for the duration of all in-water activities, in/over waters of the United States. The project is located at an existing public boat ramp at the end of Blimp Road, along the northern coast of Cudjoe Key; in Section 17, Township 66 south, Range 28 east; Cudjoe Key, Monroe County, Florida(RE# 00115270-000000). Geographic Position: 24,694947" North, 81.4996290 West The project must be completed in accordance with the five enclosed construction drawings date stamped by the U.S. Army Corps of Engineers on January 10, 2013, and the general and special conditions which are incorporated in, and made a part of, the permit. Special Conditions: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, 9900 SW 107 Avenue, Suite 203, Miami, FL 33176. The Permittee shall reference this permit number, SAJ-2012-02955 (LP-IMT), on all submittals. 2mm 2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit. 3. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey(and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer(SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non- federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. -3- 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Posting of Permit: The Permittee shall ensure that all contractors, sub- contractors, and entities associated with the implementation of the project review, understand, and comply with the approved plans and special conditions made part of this permit. The Permittee shall inform all parties associated with the activity of the construction area boundaries, and the location of adjacent mangrove vegetation and submerged aquatic resources to be avoided. Complete copies of the permit and approved plans shall be available at the construction site at all times. Failure to comply with the approved plans and permit special conditions may subject the Permittee to enforcement action. 6. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In-Water Work- 2011" (Attachment#2). 7. Sea Turtle and Smalltooth Sawfish Conditions: All work shall be conducted during daylight hours only, and The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006 (Attachment#3). 8. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 9. Turbidity Curtains: Prior to the initiation of any of the work authorized by this permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. -4- 10. Notice of Permit: The Permittee shall complete and record the Notice of DA Permit(Attachment #5) with the Clerk of the Circuit Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. Within 90 days from the effective date of this permit the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded and the date of recording. 11. Self-Certification: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall complete the "Self-Certification Statement of Compliance" form (Attachment #6) and submit to the Corps. In the event that the completed work deviates, in any manner, from the authorized work, the Permittee shall describe, on the Self-Certification Form, the deviations between the work authorized by the permit and the work as constructed. Please note that the description of any deviations on the Self Certification Form does not constitute approval of any deviations by the Corps. 12. Regulatory Agency Changes: Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a modification of this permit from the Miami Regulatory Office. If the work authorized is not completed on or before DEC 1 7 2018 authorization, if not previously revoked or specifically extended, shall cease and be null and void. Instructions for Objecting to Permit Terms and Conditions: This letter contains an initial proffered permit for your proposed project/permit application. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of Administrative Appeal Options and Process fact sheet and Request for Appeal (RFA)form. If you choose to object to certain terms and conditions of the permit, you must follow the directions provided in Section 1 , Part A and submit the completed RFA form to the letterhead address. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been received by the District office within 60 days of the date of the RFA. Should you decide to s it an RFA form, it must be received at the letterhead address by ft 14 2014 -5- Should you have any questions regarding this letter, please contact the project manager Isla Tumer in writing the letterhead address, by telephone at 305-779-6052, or by email at Nsla.M.Tuarner@usace,arm .mil. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit r2,nw . rr ,rnil/ ur-gy, t and complete our automated Customer Service Survey. Your input is appreciated-favorable or otherwise. Please be aware this web address is case sensitive and should be entered as it appears above. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Irt M1 A on Colonel, U.S. Army District Commander Enclosures (9) 1. General Conditions 2. Standard Manatee Conditions for In-Water Work-2011 3. Sea Turtle and Smalltooth Sawfish Construction Conditions 4. Project Plans (p 1-5/5) 5. Notice of Permit 6. Self Certification Statement of Compliance 7. Preliminary Jurisdictional Determination Form 8. Request for Appeal form 9. Request Permit Transfer form Copies Furnished (w/enclosures): Barnett-Jerr Monr -F v Y n -4o+ innie M n�o 4 ount - o Colin.Hen erson Otdincom CESAJ-RD-PE GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FR DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on the date noted in the permit letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at"Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach (1-772-562-3909)for south Florida, and to FWC at ImperiledSpecies(&myFWC.com f Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution:Boaters must be posted. A second sign measuring at least 8'/2"by 11"explaining the requirements for"Idle Speed/No Wake"and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. i yp � 44 Wildlife Alert: 1m888w404=FWCC(3922) cell *FWC or #FWC Report collisions, sick, dead or injured manatees and any wildlife or boating law violations. W Y 0 3 o ^ Z 0 N C) E LLJ M zC: _ - 4 o — � LL. EMSo W � � �' � ` ... SOME d W on Oo SOSO NEWS' co — 0�0 y c also J r �kv. fi y UNITED STATES DEPARTMENT OF COMMERCE ,r National Oceanic and Atmospheric Administration ,. NATIONAL MARINE FISHERIES SERVICE ol Southeast Regional Office 263 l3th Avenue South St.Petersburg,FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing sea turtles or smalltooth sawfish,which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled,be properly secured,and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division,St.Petersburg,Florida. d. All vessels associated with the construction project shall operate at"no wake/idle"speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes(e.g.,marked channels)whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement,all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division(727-824- 5312)and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions,required of your specific project,outside these general conditions,if applicable,will be addressed in the primary consultation. Revised:March 23,2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc `I � 4 mot O o Cn N m Z a --4 "- n D m m m p M D 'u U m r A Q R N� Z m 0 o p C D r _ Urn m y cn p »tiUIM4nHW.uNatl.uxe.Yw,4m.Y...:. ea..:l.nntn�N.0 A.o.iw.A,uY Ib �I tl".I H /S +1 x M �o �d h r 1W, W f yY flJ kF CA%Yo. 4 R R"6 A l f Y.�Kpprrl' 1 Y 1�M A I 1 kyky y a:Y M N v � I u 4 d BLWP ROAD " + � MSYINO BOAT RW N. 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Or, Oeom® �G7� p 6[Qfrr�l �fro81YW'rlm A255y C`1m 7'' GYO ®v O®z CbIG--s)C pczhi' mmA4'�omV�0aB aLra❑t p0'Amf _g°�r®n A°aa 0. Am- (bi �O nm MDCS r"Pm M®� m � 0'mj t@ 0r0 Wp MOm ® omyAN rO IDzn=, m rc gi cm� m g5xaz xm mm 2 m .�:,m zc o`" z cca�'m r �o�� 2s�n mn us Acoom D=mow is 1. o� m� � �ng� ®fig �A Z'$38 W �°� yen n �co m g �a -i C19 nI A y-q `A C1P fAlB � n IDie �i m ® �mm ' ®®i ryGi a gg D R yy A b OL --d -+ CADC® I'1 AAr C7 2 2:5 -1 (gg— Cn m�_Pl rmrA n n�Nz ve �Lkx m�0 m� 4 a Qm ' 'NO-Z [y} mmwpp c��m z�y �Ri nS fJd zZ Rim®� fl1®-�yy�°naCm CJ® C? C cnT ps jA�A 7Sma 9 1'B yA m $'W D2 (7bmmO y''O :A rAel®C SJ o �a On pn a MOO AT5) ®d9n ®m n'n F ��ma m �� o$n8 1 11ONO A r TrUff -Rap Y .�___..._..... BLRWP ROAD �1 u U � � �, 'i` d, Ef(ISTINOBOATRAMP 1 l� A REPAIRS E r. o Prepared by: Permittee: Address: --------------- .................. NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE that the United States Army Corps of Engineers has issued Department of t my Permit SAJ-2012-02955 to the Monroe County BOCC (Permittee) on V 1 7 2013 _, authorizing impacts to waters of the United States (including wetlands) in accordance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, on a parcel of land known as Folio/Parcel ID: 11 ........................I........... 111111-1 1".. encompassing acres located within a portion of Section Township—South, Range — East, County, Florida. Within thirty (30)days of any transfer of interest or control of that portion of the premises containing the area authorized to be filled (or any portion thereof), the Permittee must notify the U.S. Army Corps of Engineers in writing of the property transfer by submitting the completed permit transfer page of the permit. Notification of the transfer does not by itself constitute a permit transfer. Therefore, purchasers of that portion of the premises containing the area authorized to be filled (or any portion thereof) are notified that it is unlawful for any person to construct, alter, operate, maintain, remove or abandon any works, including dredging or filling, without first having obtained a permit from the Corps of Engineers in the purchaser's name. The subject Permit concerns only that portion of the property determined to fall within the jurisdiction of the U.S. Army Corps of Engineers and this notice is applicable only to those portions of the subject property containing areas authorized to be filled and wetland mitigation/conservation areas subject to the Permit. Conditions of the Permit: The Permit is subject to General Conditions and Special Conditions which may affect the use of the subject property. Accordingly, interested parties should closely examine the entire Permit, all associated applications, and any subsequent modifications. To obtain a copy of the permit in its entirety submit a written request to: U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019 Questions regarding compliance with these conditions should be directed to: U.S. Army Corps of Engineers Enforcement Section Post Office Box 4970 Jacksonville, Florida 32232-0019 Conflict Between Notice and Permit This Notice of Permit is not a complete summary of the Permit. Provisions in this Notice of Permit shall not be used in interpreting the Permit provisions. In the event of conflict between this Notice of Permit and the Permit, the Permit shall control. This Notice Is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the U.S. Army Corps of Engineers. This Notice of Permit is executed on this__day of ,. .._.....ITIT...........ITIT._ 20 . This document is being submitted for recordation in the Public Records of _.. .......... . ....County, Florida as part of the requirement imposed by Department of the Army Permit No SAJ- - issued by the United States Army Corps of Engineers. Permittee _... _ . . .............. �_._ Address: �,. ._ ._ __ .._._........ ...... Phone:- .... STATE OF FLORIDA COUNTY OF .— The foregoing instrument was acknowledged before me this day of _._... .._...._........._.-........ 20 , by..........................m_ ...�....._,.�.. .. a...._, who is personally known to me or has produced ............... . . ..,-_--__-as identification. Notary Public.....�...__�_�......._........._......... ......... . (seal) Print My Commission Expires SELF-CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ- Permittee's Name & Address (please print or type):.--.---—-,., .............. .......... ................. ........................... ........................... Telephone Number:— ...... .. ............. Location of the Work: ....................--- Date Work Started:,,,_,,,__.._,,,....,,-.Date Work Completed.. PROPERTY 19 INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES-NO......... PLEASE CONTACT AT TO SCHEDULE AN INSPECTION Description of the Work(e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): ............... Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): ...... ...... ................................................ .................................. Describe any Deviations from Permit(attach drawing(s) depicting the deviations): ................... ............... . .............................................. .... ........... I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ......... .......... Signature...,_ ignature---of Permittee Date ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): December 17, 2013 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Monroe County Board of County Commissioners, c/o Jerry A. Barnett, 1100 Simonton Street, Suite 2-216, Key West, FL 33040 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAJ-2012-02955, Monroe County BOCC/Blimp Road launch ramp repairs D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at an existing public boat ramp at the end of Blimp Road, along the northern coast of Cudjoe Key; in Section 17, Township 66 south, Range 28 east; Cudjoe Key, Monroe County, Florida (RE# 00115270-000000), (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:FL County/parish/borough: Monroe City: Cudjoe Key Center coordinates of site (lat/long in degree decimal format): Lat. 24.7° N, Long. 81.5°W. Universal Transverse Mercator: Name of nearest waterbody: Kemp Channel Identify (estimate) amount of waters in the review area: Non-wetland waters: linear feet: width (ft) and/or 0.03 acres. Cowardin Class: Marine/estuarine Stream Flow: -Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Florida Bay/Gulf of Mexico Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: December 17, 2013 ❑ Field Determination. Date(s): I 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant Is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: 2 SUPPORTING DATA. Data reviewed for preliminary JD(check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Colin Henderson, T.Y. Lin International. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s).Cite scale &quad name: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FI RM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum Of 1929) ® Photographs: ® Aerial (Name & Date): Google Earth (2006 - 2013). or ® Other(Name & Date): Benthic Survey(December 15, 2012). ❑ Previous determination(s). File no. and date of response letter: . ❑ Other information (please specify): IMPORTANT NOTE: The Information recorded on this form has not necess r l been verified tine Cor s a d should not be reliod urn for later furisdictional determinations. DEC 1...?...,2013 Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature Is impracticable) 3 AppltLant: Monroe County BOCC _ Fife Number: SAJ-2012-02955(LP-IMT) Date: Attached is: � � -See Section below - MIT(Standard.Per _..Lett.. p ��... ._____�_........_ on) A X ma. INITIAL PROFFERED PERMIT Permit or Letter of enmssm � _ � ... � ��..- of pagpissmon) B .._�...,, .-. w: �(DI'FERED PERMIT(Standard Permit or Letter.__...�.....� ....._......_��......� �...�._.__..��...�...� �,� .m... .__..... PERMIT DENIAL -- ___ _....�_. APPROVED JURISDICTIONAL DETERMINATION D _...__.._.._._..... _.. _ __.. _ . ..... � X PRELIMINARY JURISDICTIONAL DETERMINATION 1 iehIl6wi" fonta your tt eiit only i4wing,tin atimintitrativeappeW o.fih term Ad ilinnisI ihktmoa on rn� + is rnnd tdh' �+ ( I nr E re uiatinmts at I MtR p1m 3 1 A: INITIAL Pk0T-''FF.RF;D PF.RMiT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section fi of this form and return the form to the district engineer, Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the permit to address all of your concerns,(b)modify the pen-nit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. —_..,, .... _ ... ... ._,e. .�.....�...,..� ........................ ..-...... ....................... ..0 B: PROFFERED PERMIT:You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pernit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PE IT DENIAL. You may appeal the denial of a pennit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this farm and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAID'ETERMINATION: You ma y accc pt or appeal the approved JD or provide new information • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved ID,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section li of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. .TI(A II-.I E 'lAE' T RJR A-PP AL ter( , 11 't lfA l 'I4A INT11 I,PROFFERED]t"ER1,l"1,.1„ I?EASONS C"OR APPEAL CAR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIQNAL INFORMATION The appeal's limited to a review of the admfntstra i �c ..........m _...... du... w�............ r tive record,the Corps memorandum far the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you ntaprovide additional information to claril" the location of information that is alrcad in the administrative record. "i jm Of�lAl� �" . � 1 A1A ti 1 1 MOIN" A""'C 11'» If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: for process: Project Manager as noted in letter Stuart Santos 904-232-2018 ...... .. � w. RIGHT OP'ENTRY_ Your srg nature below grants ants the right of entryto Corps of Engineers eers personnel,and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day site _..,.,._ �..._ artici ate inall site inva sti 'atron;t. tree of any srte investigation,and will have the a,Pl?,°.�?'r!i 'to Date: Telephone number: Signature of appellant or agent. REQUEST PERMIT TRANSFER: PERMIT NUMBER: SAJ- (LP- When the structures or work verified by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, the present permittee and the transferee should sign and date below. This document must then be provided to the U.S. Army Corps of Engineers, Regulatory Division, Post Office Box 4970, Jacksonville, Florida 32232-0019. (TRANSFEREE SIGNATURE) (DATE) (Name - Printed) ....................................�._.... ....mm.................._....,.._...._......._.,.........nm,,. ... .. ..._...w Lot/Block of site (Street Address) (City, State, and.....Zip.Code)...............................w.............................. ............ ..._..... Flood Plain Information: This Department of the Army permit does not give absolute authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions. You should contact the local office in your area that issues building permits to determine if your site is located in a flood-prone or floodway area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If your local office cannot provide you the necessary information, you may request a flood hazard evaluation of the site by providing this office with a letter and a small scale map showing the location of the site. The request should be addressed to the Chief, Flood Control and Floodplain Management Branch, Jacksonville District, U.S. Army Corps of Engineers, P.O. Box 4970, Jacksonville, Florida 32232-0019. Phone inquiries may be made at 904-232-2515. BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY SECTION 00110 PROPOSALFORM PROPOSAL TO.: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SI O T N STRE ET ROOM 1-213 WEST,KEY FLORIDA 3300 PROPOSAII... FROM: 44TT ��::� The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: B111-111IMP ROAD BOAT III II`PREPAIRS, CUDand having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workiman-like manner, In conformance with said Drawings, 'Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and nuinnbers„ If there Is an inconsistency between the two the Proposal in words shall control. (Total (Base (Proposal- words) (Total Base Proposal—numbers) I acknowledge Alternates as follows: 1 '4.d ��..� '' M 6J 0.✓® l�'^""' Y.0 a�'^e.., p a .bra` 'N IV w r a}1 A ..... »:.......,o....,. ,,....m.. n .®.e. ....9 ................... ......... „ „„........_.... I acknowledge receipt of Addenda No.(s) No. Dated . ...... No. Dated PRC PCb AL FORM Ob110-Pa a 18 of 2 55 REPAIRS,BLIMP ROAD BOAT RAMP CUDJOE KEY fro. Dated Proposer, states by his check mark in the blank beside the form and by his signature that he has provided the following forms(located,in Section 00110); a. Proposal b orrnn v b, Proposal Security)Bird Borid) c. Non-Collusion Aff davil _. , d. Lobbying and Conll ict of Inter st Clause I e. rug-Free Workplace Form ' f. Subcontractor Lnstun�g Four � 9. Proposer's Insurance and Inr°iemnifica iorn tatenrnent h. Insurance Agents S tatement(signed by agent)-- .. , and i, Local Preference Frairni and reriuiretnent,s (if applicable), ;/A In addition, Proposer states that he has included a certified copy of Contractor's License, and Monroe County Occupational License. (Check mark lte s .bees as r i er t ant they a i r-,Iydgd.l ailing Address; .._. V n Rhone Number: � � � LF — Date; ' ., Signed. � � ��° .�... (Na n )14 °e 4( - .�_. (Title) Witness: Al) 'FF,OPC-SALF!°0E-1 .. .......... . .-_... .e-- 00110�Pag 1 off 2 2__ BLIMP ROAD BOAl" RAMP REPAIRS, CUDJOE KE`f BID(PROPOSAL)BOND KNOW ALL MEN BY THESE PRESENTS,that we Douglas N. Higgins,Inc. , 3390 Travis Pointe, Suite A, Ann Arbor, MI 48108(Here Insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Hartford Accident and Indemnity Company One Hartford Plaza, T-4, Hartford, CT 06155 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as S urety, hereinafter called the Surety,are held and firmly bound unto Monroe County, 1100 Simonton Street, Key West, FL (Here Insert full name and address or legal title of Owner) 5% of attached bid as Obliges,hereinafter called the Obliges,In the sum of Dollars($),for the payment of which sum well and truly to be m ads,the said Principal and the said Surety, in ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents, WHEREAS,the Principal has submitted a bid for Blimp Road Boat Ramp Repairs Cudjoe Key (Here insert full name,address and description of project) NOW, THEREFORE, If the Obliges all accept the bid of the Pr Incipal shall enter Into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficlent surety for the faithful performance of such Contract and for the prompt payment of labor and material furnI shed In the prosecution thereof,or In the event of the%Burs af the Pdnclpal to enter such Contract and give such bond or bonds,if the P rincipal shall pay to the 0 bfigee the difference not to exceed the penalty hereaf between tea ou ed In said bid and such larger amount for is the 0 bligee may In good faith contact with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remaln In full force and act® Any action Instituted by a claimant under this bond must be In accordance with the notice and time limitations provisions In Section 255.05(2), Florida Statutes. Douglas N,, Higgins, Inc, 71 I fartfbrd Accident and. Indemnity Company ......-—-----— (Surety) (Seal) Q" i act ........... ..................... ... .......... PROPOSALFORM 0011 O-Page 20 of 205 Direct Inquiries/Claims to: THE HARTFORD BOND ,T-4 POWER OF ATTORNEY One Hartford Plaza Hartford,Connecticut 06155 calk 888-266-3488 or fax 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT; A encY Code: 35-350851 Hartford Fire Insurance Company, a corporation duly organized under the laws oaf the State ofconncci:icul Hartford Casualty Insurance Company, a corporation duly organized under the paws orthe State ori Hartford Accident and Indemnity Company, a corporation duly organized under the Lvvs of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the Slate of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance C o m pa in y of the Southeast,a corpm afici c i duly organized under the laws of the Stale of Florio a having their home office in Hartford, Connecticut, (hereinafter collectively referred to as'the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: kleather M. Johnson, Joel E. Speckman, Terri Mahakian, David Hadock of Ann Arbor, Ml their true and lawful Atto mey(s)-i ri Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused those presents to be signed by M�IsVlca Pres0enj an(j as,corporate seals to be tiereto alhxed, duly attested by its Assistant Seat tart' f-urther, pufskjant to RescMion of the Board of Directors of line Coinpanies, the Cornpanies hereby that they are and wiill be bound by any mechanically applierj siigl iahjre,,;, applied to this Flovten of AAttorney, ,�19 19 7 I"Z .may 9 Wesley W Cowling,Assistant Secretary M.Ross li Vice President SFATE OF CONNECTICUT Hartford COUNTY OF HARTFORD On this 12th day of Jully, 2012, before me personally carne hA Ross Fisher, to me known, who being by me dully sworn, did depose and say� that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Coii the corporations described in and which executed the above instrument that he knows the seais of the said corporations; that the seals affixed to the said iiinstruirneirit are such corporate seals. that they were: so affixed by aL.ithodty of the 113oards of l'.)irectors of said corporations and that he signed his nairne thereto by like authority t,Ahlv�n T PO:o,iiaM i,,Public %,jy� I ,pij,,1,1y 1_10 16 CERTiFICA'I'lli 1, the undersigned, Vice President of the Companies, DO HEREBY CE'R-Dli'Y that the above and foregoing is a true and correct copy of the Power of Attorney exeUted by sand Corri which is still in full force effective as of November 5,2014 Signed and sealed at the City of Hartford, to 0 7 14:� 1;7 Gary VV Sturnper,Vice.President BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY SECTION 00110 NON-COLLUSION AFFIDAVIT to m oath and under rntltfofeerjury,depose ��r..�( uccordi ig 1, y penalty P and say that; of the erfirm or making the F a l for the e ,t described in tore... ......�__.. proposer 9 I p notice for, calling for proposals for: d ; t and that I executed the said pr zosal with full tuthodly to do s� o, 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knovvingly be disclosed by the proposer prior to proposal opening,directly or Indirectly,to any other proposer or to any competitor;and 4. No attempt has been made or will be made by the proposer to induce any other person,partnership or corpora ion to submit,or not to submit,a proposal for the purpose of restricting competition;and 6. The statements contained in this affidavit are true and correct,and made with full knowledge that said project. ictn, ture of P riser - LU STATE OF: ... h P COUNTY OF: PERSONALLY APPEARED BEFORE ME,the hd,undersigned authority, � .�.. .. Y I..�� g . who,after first being sworn by me,(name of individual signing)affixed his/het sig)LIure in the space provided above � L on this.. .._� � � ---------.day of i)V �i��l 20 ps f NOTARY PUBLIC y commission expires: SANDRA K GARRISON NOTARY FUBUC-STATE OF MICHIGAN COUNTY OF WASHTENAW My Commission Expires January 10, 2020 PROPOSAL FORM 001 10-Page 21 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 0110-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE .......... (C 0 A i 49JI,Y) warrants that II has not employed, retained or otherwise had act on hislits behalf any former County officer or employee in violation of Section 2 of Ordinance No,010-1990 or any County officer or employee in volation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract Wthout liability and may also, in its discretion. deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". a (Signature) STATE OF: COUNTY OF: 0. A Subscribed and sworn to(or affirmed)before me on (date) by 4� (iname of afflant). He/She is personally known to me oir has produced as identification. (Type of i d eiriff cation) NOTARY PUBLIC My commission expires: SAND RA K GARAWN NOTApy pUBUC.STATE OF MICHIGAN COUNTY OF WASHTENAW My Commission Expires January I(),2020, ——— __"——---- if-2-6-5 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: __.._.... .. � TimeWf° usiiness 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. . Informs employees about the dangers of drugabuse in the workplace, the business's policy of maintaininga drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). . In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five( )days after such conviction. . Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a goodfaith effort to continue to maintain a drug-free workplace through implementation of this section. s the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. -....:. �roposer's Signature Date PROPOSAL FORM �00110-Page 23 of 205 BLIMP ROAD �BOAT RAMP REPAIRS, C0DJOE KEY J k1 LOCAL PREFERENCE FORM N / [\ A- Vendors claiming a local preference according to Ordinance 02-349 must complete thlis form. Name nf'Prnposmr/Respmmder Ooha: 1, Does the vendor have o valid receipt for the business tax paid tothe Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? _....._______(Please furnish copy.) 2, �� aMhavendorhaveaphysicaUbusimeaeaddneon |noatedwhhink3onroeCownh/fromwhichthe vendor operates or performs business on a day to day basis that is a substantial component of the goods ,or services being offered to Monroe Cmunty7 List Address: Telephone Number: Post Office'Boxes are notverifiable and shall not be used forthe purpose of establishing a physical address. B, [)oosthevendor/primlecuninaotmrintendtoaubcontract501% ormonenfthegooda. sem/iceeor construction to local businesses meeting the criteria aboveastm licensing and location? ________ |f yes, please provide: 1. Copy ofReceipt of business tax paid to the Monroe County Tax Collector by the subcontractordated ed least one year prior to the notice or request for bid orproposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Te|. Number Print Name: Signature and Title of Authorized Signatory for STATE OF COUNTY OF On this __day of , 20___. before me, the undersigned notary public, personally appeared — - . known to me to be the person whose name is subscribed above or who produced--------' as identi5cmtion, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Pr|n� We me My ounnnuiss|on expires: Seal BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY SUBCONTRACTOR i-is-rING FORM Dviskrn S u.l b con C rac 40 Contact Person Ph # w1area Fax: Lefll, Address code Bella Construction of Key West, Inc Rache[Bashore Phone: 305-292-9888 111 U.S. Highway One Box 110 Fax: 305 292-9880 Key West, Florida 33040 FIRC)P(DSAL F ()RM 0-Fla�je 20 of 20 5 BLIMP ROAD BOAT RAMP REPAIRS, CUD.IGE KEY MONROE COUNTY, FLORIDA Insurance Checklist FOR Proposer Workers' Compensation Workers' Compensation Statutory Limits Bodily Injury by AccldentlBodilly Injury by Disease, policy limits/Bodily Injury by Disease each employee WC1 Employers Liability $100,000/$500,000/$1 00,000 WC2 Employers Liability $500,01001$500,000/$500,000 WC3 Employers Liability $1,000,00041,000,1000 /$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability INSURANCE REQUIREMENTS AN6—FO--Rim"'S 00120-Page 26 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CLIDJOE KEY General.Li1WI& As a minimum, the required general liability coverages will include: • Premises Operations ® Products and Completed Operations ® Blanket Contractual a Personal Injury ® Expanded Definition of Property Damage Required Limits: GI-1 $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit GI-2 X— $300,000 per Person; $500,000 per Occurrence ® Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GL4 $2,000,000 Combined Single Limit Required Endorsement: GLXCU X— Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy, INSURANCE REQUIREMENTS AND FORMS 00120-Page 27 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY Vehicle Liability As a minimum, coverage should extend to liability for: 0 Owned; Non-owned; and Hired Vehicles Required Limits-, VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that Involve other governmental entities or"Not for Profit" organizations. Risk Management must approve the use of this form). VL2 X $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $5,000,000 Combined Single Limit Miscellaneous Covers es BRI ..... Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PROI Professional $ 300,000 per Occurrence/$ 500,000Agg. PR02 Liability $ 500,000 per Occurrence/$1,000,000 PR Agg. $1,000,000 per Occurrence/$2,000,000 03 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg- POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg.3 $5,000,000 per Occurrence/$10,000,000 POL Agg EDI Employee $ 10,1000 INSURANCE REQUIREMENTS AND FORMS 00120-Page 28 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE ED2 Dishonesty $100,000 GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($20,000 per Veh) MD1 Medical 300,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. M3 $1,000,0001$ 3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installs VLP1 Hazardous $ 300,000 (Requires MCS-90) VILP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter 1,000,000 (Requires MCS-90) BLL Bailee Li be Maximum Value of County Property that ill be in the flee°s possession. HKL1 Hangarkeepers 300,000 HKL2 Liability 500,000 HKL3 s 1,000,000 AIR 1 Aircraft 1,000,000 AI2 Liability U00,000 AIRS AEO1 rc itecs Errors r ccurrence/ 0,00 AE02 _._... ...._._.. fissions 500,000 r Occurrence/$1,0 , 00 AE03 1,000,000 per Occurrence/$3,000,000 1 Engineers Errors 300,000 per Occurrence/$ 500,000 0 E2 -........m. , & Omissions $ 500,000 per Occurrence/$1,000,000 3 E0 $ 1,000,000 per Occurrence/$3,000,000 Agg INSURANCE REQUIREMENTS AND FORMS 00120-Page 29 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY WORKERS' COMPENSATION INSURANCE-REQUIREMENTS FOR CONTRACT: Blimp Road Boat Ramp Repairs, Cuidjoe Key, FL BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 IBodlily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authiorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. 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. WC2 INSURANCE REQUIREMENTS AND FORMS 00 120-Page 30 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Blimp Road Boat Ramp Repairs, Cudjoe Key, FL BETWEEN MONROE COUNTY, FLORIDA ND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: ,$500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $300,000 per Person $500,000 per Occurrence $ 200,000 Property Damage An Occurrence 'Form policy is preferred, If coverage is 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 should extend for a minimum of twelve (112) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL2 INSURANCE REQUIREMENTS AND FORMS 00 120-P290 31 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEG( GENERAL (LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Blimp Road Boat Ramp Repairs, Cudjo® Key, FL BETWEEN MONROE COUNTY, FLORIDA ANP Recognizing that the work governed by this contract involves either underground exposures, explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCLI (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance policy. GLXCU INSURANCE REQUIREMENTS AND FORMS 20-Page 32 of 205 BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT Blimp Road Boat Ramp Repairs, Cudjoe Key, FL BETWEEN MONROE COUNTY, FLORIDA AND g Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prier to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Rion-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300„000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $ 200,000 (Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL2 INSURANOE REd IREMENTS AND FORMS 00120-Page 33 of 205 BLIMP ROAD BOAT RAMP REPAURS. CUDJOE KEY PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $5OO.DOO Bodily Injury byAccident $50D.000 Bodily injury hy Disease Policy Limits $500.000 Bodily injury bv Disease,each employee General Liability, including $300.000 per Person $5OO.DDO per Occurrence $2OQ.000 Property Damage or $3.0OO.00O Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage XCU (exp|ooion, collapse, and underground) Vehicle Liability ([)wmed. mmn-ovvned. and hired vehicles) $30W.08; Combine6 Single Limit Uf split limits are preferred: S20O,OOO per Person $3QO,OUO per Occurrence $2[0,0O0 Property Damage Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this ogmaemerd. Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and � against i(i) any c|mims, actions or causes of action, (ii) any Utige1iom, administrative proceed|ngs, appellate prooamd|ngs, or other proceedings relating to any type of injury (induding death), |osa, damage, fine, penalty or business interruption, and ([U) any costs or expenses that may be � asserted againmt, initiated with respect to, or sustained by, any indemnified 0ody by reason of, or in connection with, (A) any activity of Contractor nrany of its emnp|oyeeo, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or w||Ku\ misconduct of Contractor orany of its employees, agants, auh-contractors or other invitees, mr(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the nna|ms, oct|ono, causes of action, |\0gation, procoedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any � of its employees, agents, contractors or invitees (other than Contractor), Insofar as the oiminno. � actions, causes of aotin, litigation, proceedings, coats or expenses relate to events or circumstances that occur during the term of this Agroement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. � In the evontthmt the oonnp|odon 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 de|ay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plains and specifications provided by the Contractor, the Contractor agrees and BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action an the County's behalf. The first ten dollars ($10,00) of remuneration paid to the Contractor is for the indemnification ,provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. I fully accept the indem nification and hold harmless as set out on page 00110-12 of this proposal. L'� kL ROPOS inr t6're 00120-Page 35 of 205 TN�GRANCE REQUIREMENTS AND FORMS BLIMP ROAD BOAT RAMP REPAIRS, CUDJOE KEY INSUMNCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES (Liability policies are � Occurrence Claims Made 16 a Insurance Agency Signature INSURANCE (REQUIREMENTS AND FORMS 00120-Page 36 of 205 CORPORATE OFFICE PRIFGRQIlIIALOF'IMCIE 3390 TRAVIS POINTE ROAD 4485 IENTIERPP3 E AVE SUITE A NAP'DQ..R S,R L 34 tl 04 ANN ARBOR,W 48108 Q23%774-31I30 (734}99F-9 00 FAX:(23"$774-4266 November 5, 2014 FAX:(734)996.8480 Monroe County Board of County Commissioners I 100 Simonntonn Street Key West, IFL, 33040 Re- Blirrip Road Boat Ramp repairs, C'uudjoe Key To Whorn. III May Concern: Douglas N. I-liggyins, Inca is Michigan Corporation suuburnitting,a bid for the above project, We are su pf)lying the inforrrnation requested in Section E(Prime Bidder's Qualifications) of the abnvu.- Bid Package. Douglas N. Higgins is l 00% Owner and stockholder of Douglas N. Higgins, Inc. Douglas N. Higgins is the President, Kelly A. Wilkie the Treasurer, Tamara Ludwig, Sandra Garr°ison, David Wilkie and Kelly Wilkie are Secretary and.Daniel N. Higgins, Brandy BarlLolone and Kelly A. Wilkie are the Vice-President of'Do u las N. Higgins, Inc. Douglas N. Higgins, Inc, has been in business for 48 years and has operated only under the name of-Douglas N. Higgins, Inc. We have performed work similar to this project for over 20 years. In response to(E)a., b., c. and e- all the answers are NO. In response to (E)d. ---Monroe County urnty was included in a suit filed with I°KAA. That has since been finalized with. no Judgment against Monroe County. I have attached a list of Customer References, Credit References,(:Detail by Entity Marne Print-out, C'ontractor's Annual Report and our General Contractors License. I have also attached a very confidential copy of our Financial. Statements. Should you need additional infiormation, Please contact me at (734) 996-9500, Sincerely, Douglas N. Ili g ins, Inc.. laciNy ',V Wilkie Vice-Presidlent w/attachme nts E.E.O. DOUGLAS N. HI 'GINS, INC. OWNER RE COM Nil ENDAT[ON LIST Collier County Government 3050 N. Horseshoe Drive, Suite 290 Naples, FL 33942 (239)434-5050 City of Fort Myers 2200 Second Street Fort Myers, F'L 33901 (941)332-6830 City of Key West 525 Angela Street P.O.Box 1409 Key West, FL 33040 Metropolitan Dade County,Florida 3575 S.LeJeune Road Miami, FL 33133 (305) 665-7471 Palm Beach Water Utilities Department 2065 Prairie Road West Palm Beach, FL 33416 Contact: Hassam.Hadjimiry(561) 641-3429 City of Ann Arbor,MI 301 E, Huron Street Ann Arbor, MI 48107 Contact: Nicholas Hutchinson(734)794-6410 Peters Building Company P.O. Box 577 Saline,MI 48176 Contact: Jim Haeussler (734)429-4200 City of Chelsea,MI 305 S. Main Street, Suite 100 Chelsea, MI 48118 Contact: Christine Linfield(734) 475-1771 Ypsilanti Community Utilities Authority 2777 State Street Ypsilanti, M1 48197 Contact: Larry Thomas(734)484-4600 Village of Dexter,MI 8140 Main Street Dexter, Ml 48 130 Contact: Donna Dettling(734) 426-8303 City of Saline, Ml �00 Hair6s S,.fl in(..,,, M l 4 8 u 76 Conu act: (-wary IRouubal (734) 429 4907 DOUGLAS N. HIGGINS, INC. CONSULTING ENGINEERS RECOMMENDATION LIST Stantec Midwestern Consulting,Into. 3754 Ranchero Drive 3815 Plaza Drive Ann Arbor, Ml 48108 Ann Arbor,MI 48108 (734) 761-1010 (734)995-0200 Berry& Calvin Orchard,Hiltz& McClim-ent,Inc. 3129 North 29th Avenue 34935 Schoolcraft Road Hollywood, FL 33020 Livonia,MI 48150 (305)923-6588 (734) 522-6711 CH2M Hill Pitman,Hartenstein &Asssociates,Inc. 800 Fairway Drive, Suite 350 4755 Sum-rnerlin Road, Suitt,-8 Deerfield Beach, FL 33441 Fort Myers,FL 33919 (954)426-4008 (941)936-6466 Hole,Montes&Associates Post,BucIdey,Schuh&Jernigan,Inc. 715 Tenth Street South 2131 Hollywood Blvd., Suite 400 Naples,FL 33940 Hollywood,FL 33020-6786 (941)262-4617 (305)921-7275 Johnson Engineering,Inc. Metro Consulting Associates 2158 Johnston Street 6001 Schooner 1,)rive Fort Myers,FL,33902 Belleville, M1 48111 (941)334-0046 (734)483-1427 Jones&Henry Engineers,Ltd. 2000 W.Central Avenue Toledo,OH 43606 (419)473-9611 Tetra Tech—MPS 710 Avis Drive Ann Arbor,MI 48108 (734)665-6000 Miami-Dade Water& Sewer Department 4200 Salzedo Coral Gables,FL 33146 (305)669-5751 DOUGLAS N . HIGGINS , INC . Officers: Douglas N. Higgiins—President Kelly A. Wilkie—Vice-President, Secretary,Treasurer Brandy L. Bartol one-Vice-President Sandra K.Garrison-Secretary Daniel N. Higgins—Vice-President Tamara J.Ludwig—Secretary David J. Wilkie—Secretary BankReference: Ann Arbor State!Bank Contact: Mr.Tim Berry 125 West Williann P-(734)761-1475 Ann Arbor,NU 418104 C -(734)418-0584 F-(734)213-2474 Bank of America- Contact:John Polack 500 Griswold Avenue, Suite 2600 P-(313)202-3052 Detroit, MI 48226 F-(3 13)202-3048 Bondjgg' Hartford Fire Insurance Company Agent:Hylant Group Hartford Plaza 24 Frank Lloyd Wright Dr. Hartford,'CT 061 15 P.O.Box 541, Suite J4 100 Ann Arbor,MI 48106 Trade References: Michigan Florida East Jordan Iron Works HD Supply P.O. Box#67000,Dept.#59601 501 W.Church Street Detroit MI 4826 7-0596 Orlando,FL 32805-2247 P-(800) Manhole (626-4653) P-(305)418-5 115 F -(248)546-4612 F-(305)577-1063 Account 9 39180 Account#10 1780000 Michigan CAT Ferguson Enterprises, Inc. 24800 Novi Road 2361 N.W.22nd Street P.O. Box 918 Pompano Beach, FL 33069 Novi,MI 48375-2414 P-(954)973-8 100 P-(800)642-4228 F-(954)917-3 t34 F-(249)348-3201 Account-# 584 Account#3 19072 Nietharnirner Transport,Inc, Triple I of Lee County 9750 W. Michigan Aveni..ie R.O. Box#7258 Saline, MI 48176 Fort Myers,FL 33911 -7258 P.-(734)429-7179 P -(239)337-2177 F-(734)429-70.70 F-(239)337-7093 A(;e,ount#DO(J0000 I Michigan Pipe&,Valve U S. Pipe& Foundry 3604 Page Ave aiie P.O. Box 10406 Jackson,Mil 49203 BiRningham, Al,35202 1), .(517)'764-975-10 P -(205)254-70 76 F -(517)764-9754 F-(205) 2.54-7042 DOUGLAS N.RIGGINS,WC. REFE RENCE fNFORMATION j!.i.1[aJ.RF...Addre9s. 3390'rravis Pointe Road, Suite A Business Started: April 1966 Ann Arbor, MI 48108 DUNS#0 1.-722-2183 P...(734)996-9500 Tax 1.1).° 938-1807765 F-(734)996-.8480 officeirs. ............................ Douglas N.Higgins-President Daniel N. Higgins-Vice-President 5662 Glen Oak Ct. 632 Ironwood Way Saline,MI 48176 Saline,Ml 48176 Kelly A.Wilkie ..Vice-President, Secretary,Treasurer Brandy L.Bartolone -V ice-President 2450 Highridge Circle 3690 11 Avenue SW Saline,MI 48176 Naples,FL 34147 Sandra K. Garrison-Secretary Tamara J. I..udwig-Secretary 618 Campbell Avenue 27541 Garrett Street Ypsilanti,Mil 48198 Bonita Springs,Ff.,34135 David J.Wilkie Secretary 2450 Highridge Circle Saline,MI 48176 Ban k.Reference- Ann Arbor State Bank Contaa Mr.Tim Berry 125 West Willimn P-(734)761.4475 Ann Arbor, MI 4 8!04 Cell-(734)418-0584 Bank.of America ContacC Mr.John Po Vac k 500 Griswold Avenue, Suite 2600 P.-(313)202-3052 Detroi MI 48226 pondin.g: Hartford F re lnsuran(..,.e Company I lartft..)rd P�aza Flartfiord,CT06� 11.5 Agent: llylantGroup 24 Frank I.,loyd Wii'-ight Dr, P.(). Box 954 1, Ste.J4 a 00 Ann Arbor, IN41 43106 TRADE REFERENCES FOR DOUGLAS N.HIGGI[NS,INC. M Lic Wi&a—r i Florida East Jordan Iron Works HD Supply P.O.Box#67000,Dept. 059601 501 W.Church Street Detroit, M]l 48267-0596 Orlando, FL 32805 P-(800)Manhole (626-4653) P-(305)418-5115 Account#39180, F—(239)334-6957 Account# 101780000 Michigan CAT Ferguson Enterprises, Inc. 24800 Novi Road 2361 N.W.22nd Street P.O.Box 918 Pompano each,FL 33069 Novi, MI 48375-2414 P-(954)973-8 100 P-(734)349-4800 F—954-917-3 1.34 F—(248)348-3201 Account#584 Account 43 19072 Nietharnmer Transport, Inc. Olsen Precast, Inc. 9750 W. MichigaLn Avenue 2140 Pondella Road Saline,MI 48176 North Fort Myers, FL,33903 P-(734)429-7179 P-(941)574-8896 Account# 130508 Michigan Pipe&Valve Triple J of Lee County 3604 Page Avenrie P. cox#7258 Jackson, MI 49203 Fort Myers,FL 33911-7258 P-(517) 764-9750 P-(941)337-2177 Account#DOUO 000 1 U& Pipe&Foundry P.O. Box 10406 Birmingham, AL 35202 P-(205)254-7042 Account#00093926 M Ci P ,E'N NF IBU. I AND G ES,Sl�Ok`!�AI'�.. 9d. u '1940 N ORTI-1 NII NR E S MEET TALI AHASSEE P.- 32399-.0783 HIGGINS, DANIEL NtDRMAN DOUGLAS N 'HIGGINS INC 3390 TRXAS POIIK- E ROAD SUITE A ANNN AT' B OP. MI 46103 (,',W 3raatuta1i0rW Wrthr this Ir+E r15e you be rams OrM of the nearly one fni lion Floridians licensed by the Department ral Rusiness and f)rofessrranal d egrulabon. TTurr prrofes5ron als and titmi resses range , STATE OF FLORIDA N'rorn aff lillects to yacht brokers from boxers to barbeque restaurants, DEPARTMENT OF BUSINESS AND and,they keep Florida's economy strong. PROFESSIONAL REGULATION Every day we work to improve tl°rra way we do business ill Order tua CGC060189 fSSUED: 0812712014 aae,rve you better. For inforrrialion about our services please k,)gi rant© www4rnyfloridalIcense=rn N here you i cram lurid more urufo� 1, 00n CERTIFIED GENERAL CONT'RAC-rOR about Our divisiions and the regWations that rrlap,act your subscribe HIGGINS„ RANI LNORMAN to departn�ient newsletters and learn rnore at OU1.the Depaitrr ent's D OUGLAC Nil HIC0N INC initiatives, Our rnissi n at tl�ar:r Department is.,T cen�e f fffi;v,'mtly I°tagulate Fairly, we r on;t�antly strIve to se�rvI aruu tr)etti r so aj at yuuu�::��ar'a serve your customers, flrtank you fcm dgAi N business m Florida, 13 G,IE,Rri rf IIEE) under ti)e I;)ravWung of Ch 481 Ir a_ r:xpirMUl dMa AIJiG 31,2016 IL140:82'(tb4A 3526 and congratulations,ora yr.auI P"l6i ficenset DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS A140 PROFESSIONAI PE( ULAT IO N' , , CONSTRUCTION CN Tl UCTItON NNIU3I LICENSING BbARD CGC060189 -• � mf � NII- A CC NTRACT NR Named below IS CERTIFIED 1n.a Linder the provisions of Chapter 489 FS. Expiration date: AUG:31, 2016 HIGGII S, t ANIEL NORMAN I:3t�UGLAS N N-NlGfr3'INS INCw 390 T1'rNAVIS POINT E.ROAD ,3t 1NTN"A ANaNNN Af?8OR MI 48108 r � t 10117P2014 Letail by!Entity Name nyoWsrU�f s , ,d0 ^''/ !`,,,1, 'i'grn ui i�.' s pil v^ad ��V1Jio�4j�siWa�'"�NvJ'W7iyli s Yr'stfltarK1� .... /fil`�J i �u n forDetail by Entity Name c,, �rr c^. s,� t e w� xrrr, f ,i . !IY i dew � ( y✓rK 'a T��, f r ei r i rats S N. HIGGINS INC. ili r t Document Number 830666 FE11EIN Number 381807765 FiledDate 08/0111973 State I Status ACTIVE i 3390 TRAVIST SUITE ARBOR,ANN Changed: 1/2 /2 0 Mail! Ss 13390 TRAVIS POINTE SUITE ANN ARBOR, MI 8 Changed: 01/25/2000 eg Add re CFRA, LLC 100 S. ASH'LIEY DR, SUITE 400 TAMPA, FL 33602 Name Changed„ 05/27/2003 Address Changed: 05119/2011 . eir/'l,', ire t r Detail Name & Address °'l"'itle Vl" Bartolone, Brandy L 4465 Enterprise Avenue Maples,FL 3410 � r_._,, n w tc„rra,^n nrfnr _5 inF a dga�7rl'i3-gdf1�-"G 2 Ib6��-a(,2ebdef3d271Df)ug1as% 11;3 Y r 11 ,I'v -s Title Asst, Secretary Ludwig, Tamara J 4465 Enterprise Avenue Naples, FL 34104 Title PD HIGGINS, DOUGLAS N 3390 TRAVIS POINTE RD., SUITE A ANN ARBOR, MI 48108 Title VP, Executive Secretary, Treasurer WILKIE, KELLY A 3390 TRAVIS POINTE RD SUITE #A ANN ARBOR, MI 48108 Title VP HIGGINS, DANIEL N 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title Asst. Secretary Garrison, Sandra K 3390 TRAVIS POINTE RD, SUITE A ANN ARBOR, MI 48108 Title Secretary Wilkie, David J 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Annual Reports Report Year Filed Date 2013 01/08/2013 2013 07/01/2013 2014 01/07/2014 c �rrQ� Ima es 01/07/2014 -- ANNUAL REPORT View iniage in PDF format ---AU—N-UAL RE P 0 -R-' r Mew olMage in PDF format Qj/0-1 Q113 —ANNUAL_REPO T "VflevvirnageMnF,Dl fourat i 0 1,117/20`t 2... ...a�i J,I�ll(J.A.1..:..��6�IF�C`}F��I i� "l�cl-aJ or(,,�ii�4 lil; fi �)t it 'i il'Jir,, airT .110 t d J l°/f I',I 'o r, !' r,;;, ,I.1 ?/ii a J'1111i , Do�A 1,,)y L nlJ y Narnn 02/10/2011 --—ANNUAL REPORT Vlow irnage inn PDF� fcmTlat- 01/04/2010 ANNUAL REPORT View image in PDF format 01120/2009 ANNUAL REPORT View image in PDF format 01/07/2008 ANNUAL REPORT View image in PDF,format 0 111 7/2007 =ANNUAL REPORT View image in PDF format 01�7/2005 -- ANNUAL REPORT View image in PDF format ........... 01/19/2005 ANNUAL REPORT View image in PDF format 02/02/2004 ANNUAL REPORT View image in PDF format... 05/27/2003 Rea. Agent Chan-ge View image in PDF format 01/17/2003 ANNUAL REPORT View image in PDF format 02104/2002 ANNUAL REPORT View image in PDF format 01/22/2001 ANNUAL REPORT View image in PDF format 01/25/2000 ANNUAL REPORT View image in PDF format 02/22/1999 ----ANNUAL REPORT View image in PDF format 01126/1998 ANNUAL REPORT View image in PDF format 02/03/1997 ANNUAL REPORT View image in PDF format Qjlj2ll 99. — ANNUAL REPQ.R.T View image in PDF format 0112511995---- ANNUAL REPORTView image in PDF format ........................ ............................... H 2014 FOREIGN PROFIT CORPORATION-ANNUAL REPORT FILED DOCUMENT#830666 Jan 07, 2014 Entity Name: DOUGLAS N. HIGGINS INC. Secretary of State CC3506726904 Current Principal Place of Business: 3390 TRAVIS POINTE RD. SUITE A , ANN ARBOR, MI 48108 Current Mailing Address: 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 US FEI Number: 38-1807765 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: CFRA,LLC 100 S.ASHLEY DR. SUITE 400 TAMPA FL 33602 US The above named snW submits this statement for the purpose of changing its registered office or registered agent,or both,in the state of nonda, SIGNATURE: Electronic Signature of Registered Agent Cato Office rID!rector Detail : Title VP Title ASST,SECRETARY Name BARTOLONE,BRANDY L Name LUDWIG,TAMARA J Address 4465 ENTERPRISE AVENUE Address 4465 ENTERPRISE AVENUE City-State-Zip: NAPLES FL 34104 City-State-Zip: NAPLES FL 34104 Title PD Title VP,EXECUTIVE SECRETARY, TREASURER Name HIGGINS,DOUGLAS N Name WILKIE,KELLY A Address 3390 TRAVIS POINTE RD.,SUITE A Address 3390 TRAVIS POINTE RD SUITE#A City-State-Zip: ANN ARBOR MI 48108 City-State-Zlp: ANN ARBOR MI 48108 Tilde VP Title ASST.SECRETARY Name HIGGINS,DANIEL N Name GARRISON,SAND RA K Address 3390 TRAVIS POINTE RD.SUITE A Address 3390 TRAVIS POINTE RD. City-State-Zip: ANN ARBOR MI 48108 SUITE A City-State-Zip: ANN ARBOR MI 48108 Title SECRETARY Name WILKIE,DAVID J Address 3390 TRAVIS POINTE RD SUITE A City-State-Zip: ANN ARBOR MI 48108 herpby rarfrt' MaG Mp Infonnaffan hdicalad an 04a nape or suoptamewat rapno[,a mia and arruntgarp's rh'.W my ORcImn"r at,,#hjvq Pha same r.1 as[f rnade undar . �&gaj eff�7 asOr 07@ 1 am an offirer or dirador of the wfporadon or Paw rmcahlw ar trrjs,Pes ampowered ki exr3cfAu ois report as nwukud by Chaphar,607,FPaoda SrMufer;and Mar(nV name appears above,of an an a0arbaranI wflhaff oMqr nke qrnpowamad. SIGNXRJRE: Kil:::I LY A,WiI KIE VICE:I-PRESiDENT 0110712()14 EI&cbonic Signakwe of Signing Officer/[)irector Detaii Date A Flor *da State of I Department of State DOUGLAS I cc tq lto a the records oft this office that N. IHGGINS INC, is 1iclii o an a o poratt'01l authorized to transact business in the State of Florida, qualified ohl AugList 1, 1973. The document number of this corporation is 830666° her certify ° co ratz o n as ai all fees e this o ice through s al that December 31,2014,that its most recent annual reportluniform business report was filed on January 7,2014, its status is active° ether certify a said corporation has not filed a Certificate of W ithdrawal. Giveaa aalge)°lily Ijand nx id jq,je&areaafla day q,f,F'aaaa ary,2014 k ek r m m Secretary o tat Authentication M t a ��aai6�/24�ead 1 To authenticate thi s cent ific ,ate visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html