Item D7 County of BOARD OF COUNTS CONINIISS1ONERS
11 Monroe } ,r-*- Mayor Michelle Coldvon District 2
Mayor Pro Tem David Rice District 4
The Florida Keys ' g Cates District I
Eddie Martinez,District 3
Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number: D.7
Agenda Item Summary #7611
REVISED AGENDA ITEM WORDING: Removed requirement of FDEM/FEMA
approval prior to being processed by the County Clerk's office.
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio(305) 453-9687
No
AGENDA ITEM WORDING: Approval of a contract to replace the turf on the baseball fields at
Harry Harris Park and approval for the Mayor to sign the contract after it is reviewed and approved
by FDCM/FEsMA-.,AJ the County Attorney's office.
ITEM BACKGROUND: Harry Harris Park Baseball fields were damaged during Hurricane Irma
and by the subsequent debris staging area use. Sod replacement should be completed before the year
end to allow time for the new sod to grow in before baseball season starts in late January. In order to
have the field back in service by the start of the 2021 baseball season, staff is requesting this
accelerated approval process. Staff will still ensure all steps of the process comply with County
policies except the accelerated approval process being requested.
Staff published a Request for Proposals (RFP) which are scheduled to be opened on December 7,
2020. Staff will recommend the lowest responsible and responsive bidder for approval. The draft
contract contained in the RFP is appended to this agenda item as backup. Staff requests BOCC
approval to award a contract to the lowest responsible and responsive bidder. The contract will
require FDEM review. After FDEM approval of the contract, staff will submit to the County
Attomey's office to vet any terms that FDEM revises (the proposed contract has been used on most,
if not all FDEM repair projects done to date). Tabulation of the proposals will be provided before
the BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION: At its 17 November 2020 meeting the BOCC
approved waiving the purchasing policy requirement to reduce the adverting time for the RFP from
30 days to 10 days to expedite the turf replacement.
CONTRACT/AGREEMENT CHANGES:
New contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Draft Contract for HHP turf
RFP for HHP turf
FINANCIAL IMPACT:
Effective Date: December 9,2020
Expiration Date: Upon completion
Total Dollar Value of Contract: estimated by FDEM / FEMA at $237,410.09
Total Cost to County: $ 23,741.01
Current Year Portion: $ $23,741.01
Budgeted:
Source of Funds:
CPI:
Indirect Costs: Staff time and ongoing maintenance
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes,amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: None
Adds cost of contract to FY21 budget expenditures
10/21/20 001-04537 • HURRICANE $148,350.00
REVIEWED BY:
Kevin Wilson Completed 11/24/2020 2:08 PM
Cary Knight Completed 11/24/2020 2:09 PM
Purchasing Completed 11/24/2020 2:12 PM
Budget and Finance Completed 11/24/2020 3:18 PM
Maria Slavik Completed 11/24/2020 4:16 PM
Liz Yongue - Completed 11/24/2020 4:23 PM
Board of County Commissioners Pending 12/09/2020 9:00 AM
County of Monroe BOARD OF C NT11 CONINDSsIOSERS
r, CM M 5 r br chelle Coldir n District 2
The Florida Keys May r Pro I em Da id Rice.District 4
Craig C tes,Dist t I
'4Ja/f Eddie Martinez.District 3
Mike Forster.District5
County Commission Meeting
December 9, 2020
Agenda Item Number: D.7
Agenda Item Summary #7611
REVISED AGENDA ITEM WORDING AND ADDED BACKUP: Revised wording to include
Blue Native Landscape & Irrigation as contractor and to include cost.
Added bid tabulation sheet(attached).
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305)453-9687
No
AGENDA ITEM WORDING: Approval of a contract with Blue Native Landscape & Irrigation to
replace the turf on the baseball fields at Harry Harris Park at a cost of$175.307 and approval for the
Mayor to sign the contract after it is reviewed and approved by the County Attorneys office.
ITEM BACKGROUND: Harry Harris Park Baseball fields were damaged during Hurricane Irma
and by the subsequent debris staging area use. Sod replacement should be completed before the year
end to allow time for the new sod to grow in before baseball season starts in late January. In order to
have the field back in service by the start of the 2021 baseball season, staff is requesting this
accelerated approval process. Staff will still ensure all steps of the process comply with County
policies except the accelerated approval process being requested.
Staff published a Request for Proposals (RFP) which were ur., scheduled to be opened on December
7, 2020. Staff will—recommends the lowest responsible and responsive bidder Blue Native
Landscape & Irrigation for approval. The draft contract contained in the RFP is appended to this
agenda item as backup. Staff requests BOCC approval to award a contract to Blue Native
Landscape & Irrigation the lowest responsible and responsive bidder. The contract will require
FDEM review. After a required three day FDEM review approval of the contract, staff will submit
to the County Attorney's office to vet any terms that FDEM revises (the proposed contract has been
used on most, if not all FDEM repair projects done to date). Tabulation of the proposals is attached
will be-provid A Kfore the BOCC
PREVIOUS RELEVANT BOCC ACTION: At its 17 November 2020 meeting the BOCC
approved waiving the purchasing policy requirement to reduce the adverting time for the RFP from
30 days to 10 days to expedite the turf replacement.
CONTRACT/AGREEMENT CHANGES:
New contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Blue Native Landscape Irrigation (12-07-20) JXD Stamped Signed
HHP sod Bid Tabulation Sheet(NEW)
RFP for HHP turf
FINANCIAL IMPACT:
Effective Date: December 9,2020 Expiration Date: Upon completion
Total Dollar Value of Contract: estimated by FDEM / FEMA at$173,307
Total Cost to County: $ 17,530.70
Current Year Portion: $ $ 17,530.70
Budgeted:
Source of Funds:
CPI:
Indirect Costs: Staff time and ongoing maintenance
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes,amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: None
Adds cost of contract to FY21 budget expenditures
10/21/20 001-04537 • HURRICANE $148,350.00
REVIEWED BY:
Kevin Wilson Completed 11/24/20202:08 PM
Cary Knight Completed 11/24/2020 2:09 PM
Purchasing Completed 11/24/2020 2:12 PM
Budget and Finance Completed 11/24/20203:18 PM
Maria Slavik Completed 11/24/2020 4:16 PM
Liz Yongue Completed 11/24/2020 4:23 PM
Board of County Commissioners Pending 12/09/2020 9:00 AM
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number: D.7
Agenda Item Summary #7611
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687
No
AGENDA ITEM WORDING: Approval of a contract to replace the turf on the baseball fields at
Harry Harris Park and approval for the Mayor to sign the contract after it is reviewed and approved
by FDEM/FEMA and the County Attorney's office.
ITEM BACKGROUND: Harry Harris Park Baseball fields were damaged during Hurricane Irma
and by the subsequent debris staging area use. Sod replacement should be completed before the year
end to allow time for the new sod to grow in before baseball season starts in late January. In order to
have the field back in service by the start of the 2021 baseball season, staff is requesting this
accelerated approval process. Staff will still ensure all steps of the process comply with County
policies except the accelerated approval process being requested.
Staff published a Request for Proposals (RFP) which are scheduled to be opened on December 7,
2020. Staff will recommend the lowest responsible and responsive bidder for approval. The draft
contract contained in the RFP is appended to this agenda item as backup. Staff requests BOCC
approval to award a contract to the lowest responsible and responsive bidder. The contract will
require FDEM review. After FDEM approval of the contract, staff will submit to the County
Attorney's office to vet any terms that FDEM revises (the proposed contract has been used on most,
if not all FDEM repair projects done to date). Tabulation of the proposals will be provided before
the BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION: At its 17 November 2020 meeting the BOCC
approved waiving the purchasing policy requirement to reduce the adverting time for the RFP from
30 days to 10 days to expedite the turf replacement.
CONTRACT/AGREEMENT CHANGES:
New contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Packet Pg. 1477
D.7
Draft Contract for HHP turf
RFP for HHP turf
FINANCIAL IMPACT:
Effective Date: December 9, 2020
Expiration Date: Upon completion
Total Dollar Value of Contract: estimated by FDEM/FEMA at$237,410.09
Total Cost to County: $ 23,741.01
Current Year Portion: $ $ 23,741.01
Budgeted:
Source of Funds:
CPI:
Indirect Costs: Staff time and ongoing maintenance
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: None
Adds cost of contract to FY21 budget expenditures
10/21/20 001-04537 - HURRICANE $148,350.00
REVIEWED BY:
Kevin Wilson Completed 11/24/2020 2:08 PM
Cary Knight Completed 11/24/2020 2:09 PM
Purchasing Completed 11/24/2020 2:12 PM
Budget and Finance Completed 11/24/2020 3:18 PM
Maria Slavik Completed 11/24/2020 4:16 PM
Liz Yongue Completed 11/24/2020 4:23 PM
Board of County Commissioners Pending 12/09/2020 9:00 AM
Packet Pg. 1478
D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 00500
AGREEMENT
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the (write out the date)
0
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street CL
T
Key West, Florida 33040
And the Contractor: CONTRACTOR
ADDRESS
ADDRESSCL
,
For the following Project: HARRY HARRIS PARK BASEBALL FIELD SOD
REPLACEMENT
0
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Documents and Specifications. The Contractor is required to provide a complete
job as contemplated by the documents and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power, tools,
equipment, supplies, permits, and any other means of construction necessary or proper
for performing and completing the repairs listed.
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1. Baseball Fields Renovation Scope of Work (Approximate area of 112,000 SF)
2. The Contractor must conduct a field visit and coordinate with Monroe County to confirm
the limits of work. During this field visit, the Contractor shall confirm that the existing
irrigation system is fully operational and that all irrigation heads are providing head to
head coverage. The Contractor must document all irrigation system components that
are damaged and must be repaired or replaced.
AGREEMENT 00500- Page 54 of 305
Packet Pg. 1479
D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
3. The Contractor shall strip 3" inches of existing turfgrass and organic material from all
playing field grass areas and remove all unsuitable materials off-site in a legal manner.
4. The Contractor shall incorporate 2.5" inches of approved USGA rootzone sand and mix
into existing soil using reverse tine rototiller such as a Rotadairon. The rototiller
process must create a uniform blended mix subsurface profile upon completion of this
scope of work.
5. The Contractor shall utilize laser grading equipment to remove undulations and low
areas.
6. The Contractor shall field adjust all existing irrigation heads as necessary to insure they
are at proper elevation of the re-graded soil and functioning properly prior to new
turfgrass installation. The current estimate assumes that the current irrigation system
has been properly maintained. The current estimate excludes any repairs or replacing
of any existing irrigation materials. Should some parts need to be replaced these would
be at an agreed upon additional cost.
7. The Contractor shall apply a single uniform pre-sod fertilizer application to the
re-graded soil material prior to the installation of the new turfgrass.
8. The Contractor shall furnish all qualified labor, tools, equipment, and materials to grow,
harvest, and install sod "Big Roll" Celebration Bermuda turfgrass. The Bermuda
turfgrass shall be installed within 24 hours of time of harvest. All turfgrass joints shall be T)
filled with approved USGA rootzone material. The Contractor shall apply irrigation water
and surface roll the new stand of turfgrass to create a uniform surface grade absent of
low and high spot elevations. The County reserves the right to reject any Bermuda
turfgrass roll that appears to be unhealthy prior;to placement on the playing field.
9. The Celebration Bermuda turfgrass shall be warranted in writing by the sod grower
(farm) to be free of weeds, insects, disease, and toxins prior to harvesting. Said
warranty shall include nematode testing of the soil material from which the turf is being
harvested. All sod supplied to the project site shall have a Florida Nursery Horticulture
Inspection Certification along with nematode testing results. Copies of certifications
shall be delivered to the Monroe County Project Representative or Project Manager
seven (7) days prior to delivery of the sod to the project site. Failure to provide this
information as stated above may result in rejection of sod installation.
10. Initial Substantial Compliance: Upon completion of the turfgrass installation the
Contractor and Monroe County Project Representative or Project Manager will
conduct an initial walkthrough inspection to identify any workmanship items that
need to be corrected by the Contractor. The Monroe County Project
Representative or Project Manager shall provide a written punch list of items to the
Contractor that needs to be corrected prior to scheduling the final substantial
compliance. No final substantial compliance can occur during the 30-Day Grow-in
Program.
11. The Contractor shall laser grade and re-compact existing baseball infield clay.
12. 30-Day Grow-in Maintenance Program: Includes mowing, fertilization, aeration,
topdressing, and application of any required fertilizers, herbicides, or pesticides until
sod is firmly rooted. The 30-Day Grow-in Program commencement date is established
by the completion of the initial sod installation requirements as stated above.
AGREEMENT 00500- Page 55 of 305
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D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
13. The Contractor is fully responsible for providing all the necessary all layout and
supervision required for completion of this work.
Final Substantial Compliance: Upon completion of the 30-Day Grow-in Maintenance
Program the Contractor shall coordinate with the Monroe County Project Representative
or Project Manager to conduct a final walkthrough inspection to demonstrate that all the
outstanding punch list items have been addressed or corrected. The Contractor must
provide all the required warranties as outlined in the project contract documents.
Acquire all necessary permits, including any fees as apart of the bid. Contractor shall
supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, L
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda E
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. In the
event of a discrepancy between the documents, precedence shall be determined by the order of CL
the documents as just listed.
0
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, or
as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor 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.
AGREEMENT 00500- Page 56 of 305
Packet Pg. 1481
D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/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 recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was o
caused directly by an event beyond such Party's control, without such Party's fault or negligence
and that by its nature could not have been foreseen by such Party or, if it could have been CL
foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion,`tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion,
hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in
the geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f)
action by any governmental authority prohibiting work in the geographic area of the Project;
(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in
cost or availability of materials, components, or services, market conditions, or supplier actions CL
or contract disputes will not excuse performance by Contractor under this Section. Contractor
shall give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of
such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance
are minimized and resume full performance under this Agreement. The County will not pay U
additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek
additional time at no cost to the County as the Owner's Representative may determine. The
Contractor may only seek a no cost Change Order for such reasonable time as the Owner's
Representative may determine.
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
100
Dollars ($ ), 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: N/A
AGREEMENT 00500- Page 57 of 305
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D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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 (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the
Contractor, in accordance with the Florida Local Government Prompt Payment Act,
Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit
to the Owner invoices with supporting documentation that are acceptable to the Monroe
County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may o
govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use
taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request. T
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.
E
0
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.
0
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 five percent (5%). 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.
AGREEMENT 00500- Page 58 of 305
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D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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 five percent (5%) will be withheld in accordance with Section 218.735
(8)(a), Florida Statutes.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the o
Owner to the Contractor when (1) the Contract has-been fully;performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct CL
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to T
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 twenty (20) days after the issuance of the
final approval for payment. The following documents (samples in section 01027, Application for
Payment) are required for Final Payment:
CL
(1) Application and Certificate for Payment
(2) Continuation Sheet
E
(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 common form (i.e. flash drive) 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.
AGREEMENT 00500- Page 59 of 305
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D.7.a
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
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 Section 01500, Temporary Facilities,
of the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to, pay under this
contract is contingent upon an annual appropriation by the Board of County T)
Commissioners. In the event that the County funds on which this Agreement is
dependent are withdrawn, this Agreement is terminated and the County has no further
obligation under the terms of this Agreement to the Contractor beyond that already
incurred by the termination date.
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, proposal, or reply 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 bids, proposals, or replies 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 thirty-six (36) months from the date of being placed on the convicted vendor
list.
7.6 The following items are included in this contract:
a) a) Maintenance of 'Records. Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be
retained for a period of ten (10) years from the termination of this Agreement or five
(5) years from the submission of the final expenditure report as per 2 CFR §200.33,
if applicable, whichever is greater. 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 (4) 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
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Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay
the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,
running from the date the monies were paid by the Owner.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any
other supporting evidence deemed necessary by Owner or by the Monroe County
Office of the Clerk of Court and Comptroller (hereinafter referred to as "County
Clerk") to substantiate charges related to this Agreement, and all other agreements,
sources of information and matters that may in Owner's or the County Clerk's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or o
obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by Owner's representative and/or agents of Owner or the County Clerk. T)
Owner or County Clerk may also conduct verifications such as, but not limited to,
counting employees at the job site, witnessing the distribution of payroll, verifying
payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractors' representatives. All records shall be kept
for ten (10) years after Final Completion of the Project. The County Clerk possesses
the independent authority to conduct an audit of records, assets, and activities
relating to this Project. If an auditor employed by the County or Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the Contractor, the
Contractor shall repay the monies together with interest calculated pursuant to Sec.
55.03, Florida Statutes, running from the date the monies were paid to Contractor.
The Right to Audit provisions survive the termination or expiration of this Agreement.
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.
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
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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 °3
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 o
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 duly 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 advice 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 this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
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. This provision does not negate or
waive the provisions of Paragraph j, Article 7.4 or Article 8 concerning termination or
cancellation.
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.
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j) Nondiscrimination/Equal Employment Opportunity. The parties 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. The parties 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 VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527,(42 USC §§ 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol'and drug abuse patent records;
8) Title VIII of the Civil Rights Act of 1968 ',(42 USC §§ 3601 et seq.), as amended, T
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended
from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex,, religion, national origin, ancestry,
sexual orientation, gender identity or expression,'familial status or age; and 11) Any
other nondiscrimination provisions in any federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
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During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order o
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F_R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶C, agrees as follows: 03
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
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2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's E
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
T)
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
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5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish`all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, E
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
7. In the event of the Contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
247 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
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8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States. E
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 T)
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 public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that E
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other' than a bona fide employee working solely for it, any fee, commission,
percentage,` gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the o
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without 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.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
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permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
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(1) Keep and maintain public records that would be required by the County to
perform the service.
T
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public o
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
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If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING CD
U
i2
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 y
BRADLEY-BRIAN(kMONROECOUNTY-FL.GOV,
MONROE COUNTY;ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and CL
the acquisition of any 'commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver. 2
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q) Privileges and Immunities. All of the privileges and immunities from liability, ca
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or 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 officers, agents, volunteers, or employees outside the
territorial limits of the County.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
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 to the extent of actual and timely performance thereof by any participating
entity, in which case the 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.
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s) 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.
t) 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.
u) 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 o
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.
v) 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.
w) Hold Harmless, Indemnification, and Defense. 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, ( i) 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
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission 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). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to Fla. Stat., Sec. 725.06. Insofar as the claims, actions, causes
of action, litigation, proceedings, costs or expenses relate to events or circumstances
that occur during the term of this Agreement, this section will survive the expiration of
the term of this Agreement or any earlier termination of this Agreement.
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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 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
FDEM Indemnification
To the fullest extent permitted by ,law, the Contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Emergency Management, o
le
and its officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency's sovereign immunity.
x) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Contractor agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as
set forth below),`'applicable federal and state laws and regulations to ensure that
DBE's have the opportunity to compete and perform contracts. The County and
Contractor and subcontractors shall not discriminate on the basis of race, color,
national origin, or sex in award and performance of contracts, entered pursuant to
this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
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CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement
permits, which encourage participation by small and minority businesses, and
women's business enterprises;
(5) Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of 'Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to 0
take the affirmative steps listed in paragraph (1) through (5) of this section.
CL
z) 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 as
additional insured. CL
aa) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall
be construed so as to find Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of
Monroe County.
bb) E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the
Contractor and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. The Contractor shall comply with
and be subject to the provisions of F.S. 448.095.
cc) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
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oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with E
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
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For Contractor:
T
For Owner: Director of Proiect Management Assistant_County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida;33040 Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS E
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The Contractor and its subcontractors must follow the provisions, as applicable, as set 2
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the
County must place a current prevailing wage determination issued by the Department of
Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
part hereof. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes Emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program), the contractors must also comply with the
Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States").
As required by the Act, each contractor or subrecipient is prohibited from inducing, by
any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise entitled.
The County must report all suspected or reported violations to the Federal awarding
agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA
may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
of these contract clauses.
(3) Breach. A breach of the contract clauses above may be
grounds for termination of the contract, and for debarment as a
contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2
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7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs,
all contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) E
and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and
will report violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and o
subgrants of amounts in excess of$150,000.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government-wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and _12689 (3 CFR part 1989 Comp.,, p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
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7.8.6 Byrd Anti-Lobbyinq Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000' must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any o
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal and FEMA Requirements (as applicable)
7.8.8 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONTRACTOR
pursuant thereto.
7.8.9 Access to Records. Contractor/Consultant and their >successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal E
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors/Consultants must: (1)
Cooperate with any compliance review;; or complaint investigation conducted by
DHS; (2) Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may
be necessary, as required by DHS regulations and other applicable laws or
program guidance; and (3) Submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
7.8.10 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction'of flags or likeness of DHS agency
officials without specific FEMA approval.'
7.8.11 Changes to Contract. The Contractor understands and agrees that any cost
resulting from a change or modification, change order, or constructive change of 2
the agreement must be within the scope of any Federal grant or cooperative
agreement that may fund this Project and be reasonable for the completion of the
Project. Any contract change or modification, change order or constructive change
must be approved in writing by both the County and Contractor.
7.8.12 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of all new employees hired by the
Contractor during the 'term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
7.8.13 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
County web page: http ://www.mcnrceccunt ®fi.gov/Edam rantaoreement
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service,
the County shall have the right to terminate this Agreement after five (5) calendar days'
written notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other E
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate
this Agreement for cause with Contractor should Contractor fail to perform the covenants o
le
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two
(72) hours' written notice and provide the Contractor with an opportunity to cure the
breach that has occurred. If the breach is not cured, the Agreement will be terminated
for cause. If the County terminates this Agreement with the Contractor, County shall pay
Contractor the sum due the Contractor under this Agreement prior to termination, unless
the cost of completion to the County exceeds the funds remaining in the contract;
however, the County reserves the right to assert and seek an offset for damages caused
by the breach. The maximum amount due to Contractor shall not in any event exceed
the spending cap in this Agreement. In addition, the County reserves all rights available
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to recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the County's False
Claims Ordinance, located at Section 2-721:et al. of the Monroe County Code.
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8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days' written notice to Contractor. If the
County terminates this Agreement with the Contractor, County shall pay Contractor the
sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract. The maximum
amount due to Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement after
it has given the Contractor/Consultant written notice and an opportunity to demonstrate
the agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),
Florida Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents E
U
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) None
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9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and T
Contractor.
9.1.2 The General Conditions are the General'Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the It
Request for Proposals.
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9.1.4 The Addenda, if any, are as follows: E
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Number Date Page
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This Agreement is entered into as of the day and year first written above and is executed in at
least one (1)original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
Contractor must provide two witnesses
signatures Signature:
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Signature: Print Name:
Print Name: Title:
Date: Date:
and
Signature:
Print Name:
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Date:
STATE OF COUNTY OF
On this day of 20_, before me, the undersigned notary public,
by means of❑ physical presence or ❑ online, personally appeared
known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for Harry Harris Park Baseball Field Sod Replacement
for the purposes therein contained.
Notary Public
Print Name
My commission expires: (Seal)
End of Section 00500
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MON ROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSALS
FOR
HARRY HARRIS PARK BASEBALL FIELD SOD
REPLACEMENT
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§ �
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BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron, District 2
Mayor Pro Tern David Rice, District 4
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Craig Cates, District 1
Edward Martinez, District 3
Michael Forster, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Assistant County Administrator
Kevin Madok Kevin G. Wilson, P. E.
December 7, 2020
PREPARED BY:
Monroe County Project Management and Facilities Maintenance
NOTICE OF CALLING FOR PROPOSALS 00030- Page 1 of 305
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Contents
SECTION00030.............................................................................................................................................5
NOTICE OF CALLING FOR PROPOSALS......................................................................................................5
SECTION00100.............................................................................................................................................7
SUMMARY OF THE WORK.........................................................................................................................7
SECTION00110...........................................................................................................................................12
INSTRUCTIONS TO PROPOSERS...............................................................................................................12
SECTION00120...........................................................................................................................................23
PROPOSALFORM....................................................................................................................................23
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SECTION00130...........................................................................................................................................36
INSURANCE REQUIREMENTS AND FORMS.............................................................................................36
SECTION00140...........................................................................................................................................46
PRE—PROPOSAL SUBSTITUTIONS.............................................................................................................46
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SECTION00200...........................................................................................................................................51
SITESURVEY............................................................................................................................................51
SECTION00350...........................................................................................................................................52
MILESTONE SCHEDULE/LIQUIDATED DAMAGES....................................................................................52
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SECTION00500...........................................................................................................................................54
AGREEMENT............................................................................................................................................54
12
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SECTION 00750...........................................................................................................................................80
GENERAL CONDITIONS OF THE CONTRACT............................................................................................80
SECTION00970.........................................................................................................................................118
PROJECT SAFETY AND HEALTH PLAN.................................................................................................... 118
SECTION00980.........................................................................................................................................132
CONTRACTOR QUALITY CONTROL PLAN...............................................................................................132
SECTION01015 .........................................................................................................................................140
CONTRACTOR'S USE OF PREMISES.......................................................................................................140
SECTION01027 .........................................................................................................................................142
APPLICATION FOR PAYMENT................................................................................................................ 142
SECTION01030.........................................................................................................................................153
ALTERNATES..........................................................................................................................................153
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SECTION01040.........................................................................................................................................154
PROJECT COORDINATION .....................................................................................................................154
SECTION01045 .........................................................................................................................................158
CUTTING AND PATCHING...................................................................................................................... 158
SECTION01050.........................................................................................................................................162
FIELD ENGINEERING.............................................................................................................................. 162
SECTION01200.........................................................................................................................................165
PROJECT MEETINGS.............................................................................................................................. 165
SECTION01301 .........................................................................................................................................173
SUBMITTALS..........................................................................................................................................173
SECTION01310.........................................................................................................................................177 u
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PROGRESS SCHEDULES.......................................................................................................................... 177
SECTION01370.........................................................................................................................................179
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SCHEDULE OF VALUES........................................................................................................................... 179
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SECTION01385 .........................................................................................................................................181 cL
DAILY CONSTRUCTION REPORTS .......................................................................................................... 181
SECTION01395 .........................................................................................................................................183
REQUEST FOR INFORMATION (RFI).......................................................................................................183
SECTION01410.........................................................................................................................................185
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TESTING LABORATORY SERVICES.......................................................................................................... 185
SECTION01421 .........................................................................................................................................188
12
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REFERENCE STANDARDS AND DEFINITIONS.........................................................................................188
SECTION01500.........................................................................................................................................195
TEMPORARY FACILITIES........................................................................................................................195
SECTION01520.........................................................................................................................................197
CONSTRUCTION AIDS............................................................................................................................197
SECTION01550.........................................................................................................................................199
ACCESS ROADS AND PARKING AREAS...................................................................................................199
SECTION01560.........................................................................................................................................200
TEMPORARY CONTROLS.......................................................................................................................200
SECTION01590.........................................................................................................................................202
FIELD OFFICES AND SHEDS....................................................................................................................202
SECTION01595 .........................................................................................................................................203
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CONSTRUCTION CLEANING...................................................................................................................203
SECTION01600.........................................................................................................................................205
MATERIAL AND EQUIPMENT................................................................................................................205
SECTION01630.........................................................................................................................................207
POST-CONTRACT SUBSTITUTIONS........................................................................................................207
SECTION01640.........................................................................................................................................211
PRODUCT HANDLING............................................................................................................................211
SECTION01700.........................................................................................................................................213
CONTRACT CLOSEOUT..........................................................................................................................213
SECTION01710.........................................................................................................................................216
FINAL CLEANING ...................................................................................................................................216 u
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SECTION01720.........................................................................................................................................218
PROJECT RECORD DOCUMENTS............................................................................................................218
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SECTION01730.........................................................................................................................................221
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OPERATION AND MAINTENANCE DATA ...............................................................................................221 cL
SECTION01740.........................................................................................................................................224
WARRANTIES.........................................................................................................................................224
ExhibitA....................................................................................................................................................227
ExhibitB....................................................................................................................................................235
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SECTION 00030
NOTICE OF CALLING FOR PROPOSALS
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Monday, December 7, 2020, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
MONROE COUNTY,FLORIDA
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: F
www.floridapLibhcnotices.corn, a searchable Statewide repository for all published legal notices. Requirements for ai
submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR W
www.monroecounti,bids.com. The Public Record is available upon request.
In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic
process for reviewing and opening sealed bids. Monroe County is committed to continuing to receive and
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process competitive solicitations while maintaining the health and safety of our employees and those who
attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically
delivered bids/proposal/responses WILL NOT be accepted.
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The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-
no later than 3:00 P.M. on December 7, 2020. Please submit your confidential s
financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on
both emails must read as follows:
Harry Harris Park Baseball Field Sod Replacement 12/07/2020
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Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum
file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is =
not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be rejected
a.
or undeliverable to B-BIDS(c� onroecountv®fl. ov, in advance of the bid opening, please email:
o b- iirchasin (d onroecounty®fl. ov so accommodations for delivery of your bid can be made
prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure
delivery of their bid and waiting until the bid opening to address or confirm your bid submission
delivery will result in your bid being rejected.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
December 7,2020. You may call in by phone or internet using the following:
Join Zoom Meeting
https:// cbocc.zoo .us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
NOTICE OF CALLING FOR PROPOSALS 00030- Page 5 of 305
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D.7.b
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates:
Key West Citizen:Sat.,11/21/2020
Keys Weekly: Thur.,11/26/2020
News Barometer: Fri.,11/27/2020
End of Section 00030
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SECTION 00100
SUMMARY OF THE WORK
A Site Visit can be scheduled by contacting Suzi Rubio at Rubio-Suzanne@monroecounty-fl.gov,
305-393-6277 or Robert Glassmer at 305-797-1466.
1. General Project Intent
The intent of the Drawings and Specifications is to describe the materials and methods
of construction required for the performance of the work. In general, it is intended that
the drawings shall delineate the detailed extent of the work. Drawings, Specifications,
and Contract documents are complimentary, and what is required by one shall be as
binding as if required by all.
2. Scope of Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Documents and Specifications. The Contractor is required to provide a complete
job as contemplated by the documents and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power, tools,
equipment, supplies, permits, and any other means of construction necessary or proper
for performing and completing the repairs listed.
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1 Baseball Fields Renovation Scope of Work (Approximate area of 112,000 SF)
2 The Contractor must conduct a field visit and coordinate with Monroe County to
confirm the limits of work. During this field visit, the Contractor shall confirm that
the existing irrigation system is fully operational and that all irrigation heads are
providing head to head coverage. The Contractor must document all irrigation
system components that are damaged and must be repaired or replaced.
3 The Contractor shall strip 3" inches of existing turfgrass and organic material
from all playing field grass areas and remove all unsuitable materials off-site in a
legal manner.
4 The Contractor shall incorporate 2.5" inches of approved USGA rootzone sand
and mix into existing soil using reverse tine rototiller such as a Rotadairon. The E
rototiller process must create a uniform blended mix subsurface profile upon
completion of this scope of work.
5 The Contractor shall utilize laser grading equipment to remove undulations and
low areas.
6 The Contractor shall field adjust all existing irrigation heads as necessary to
insure they are at proper elevation of the re-graded soil and functioning properly
prior to new turfgrass installation. The current estimate assumes that the current
irrigation system has been properly maintained. The current estimate excludes
any repairs or replacing of any existing irrigation materials. Should some parts
need to be replaced these would be at an agreed upon additional cost.
7 The Contractor shall apply a single uniform pre-sod fertilizer application to
the re-graded soil material prior to the installation of the new turfgrass.
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8 The Contractor shall furnish all qualified labor, tools, equipment, and materials to
grow, harvest, and install sod "Big Roll" Celebration Bermuda turfgrass. The
Bermuda turfgrass shall be installed within 24 hours of time of harvest. All
turfgrass joints shall be filled with approved USGA rootzone material. The
Contractor shall apply irrigation water and surface roll the new stand of turfgrass
to create a uniform surface grade absent of low and high spot elevations. The
County reserves the right to reject any Bermuda turfgrass roll that appears to be
unhealthy prior to placement on the playing field.
9 The Celebration Bermuda turfgrass shall be warranted in writing by the sod
grower (farm) to be free of weeds, insects, disease, and toxins prior to harvesting.
Said warranty shall include nematode testing of the soil material from which the
turf is being harvested. All sod supplied to the project site shall have a Florida
Nursery Horticulture Inspection Certification along with nematode testing results.
Copies of certifications shall be delivered to the Monroe County Project
Representative or Project Manager seven (7) days prior to delivery of the sod to
the project site. Failure to provide this information as stated above may result in
rejection of sod installation.
10 Initial Substantial Compliance: Upon completion of the turfgrass installation
the Contractor and Monroe County Project Representative or Project o
Manager will conduct an initial walkthrough inspection to identify any
workmanship items that need to be corrected by the Contractor. The Monroe CL
County Project Representative or Project Manager shall provide a written
punch list of items to the Contractor that needs to be corrected prior to
scheduling the final substantial compliance. No final substantial compliance
can occur during the 30-Day Grow-in Program.
11 The Contractor shall laser grade and re-compact existing baseball infield clay.
12 30-Day Grow-in Maintenance Program: Includes mowing, fertilization, aeration,
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topdressing, and application of any required fertilizers, herbicides, or pesticides
until sod is firmly rooted. The 30-Day Grow-in Program commencement date is
established by the completion of the initial sod installation requirements as stated
above.
13 The Contractor is fully responsible for providing all the necessary layout and
supervision required for completion of this work.
Final Substantial Compliance: Upon completion of the 30-Day Grow-in Maintenance
Program the Contractor shall coordinate with the Monroe County Project Representative
or Project Manager to conduct a final walkthrough inspection to demonstrate that all the
outstanding punch list items have been addressed or corrected. The Contractor must
provide all the required warranties as outlined in the project contract documents.
3. Milestone Dates
The Contractor is to note the following special milestone dates.
1. Proposal Documents Available 11/20/2020
2. Last Day to Submit RFI's 11/25/2020
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3. Proposal Due Date 12/7/2020
4. BOCC Award Date (Anticipated) 12/9/2020
5. Notice to Proceed & Pre-Construction Meeting (Anticipated) 12/14/2020
6. Substantial Completion (Anticipated) 2/14/2021
4. Permits
The Contractor will be responsible to obtain all necessary permits and approvals for the
work including: Monroe County Building Department, and any other permitting or
regulatory agencies as applicable.
5. 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. Contractor is to review scope for the Harry Harris Park Baseball Field Sod o
Replacement.
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2. 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/her
subcontractors. Contractor shall submit copies to Project Management prior to
notice to proceed. Contractor's license shall accompany proposal.
3. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
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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 proposed and constructed. Notify Project Management CL
Department, in any event, in order to not compromise the Owner's right to make
appropriate decisions.
5. The Contractor shall not store materials, tools or debris on site without written
permission. The Contractor shall take all means necessary to contain dust and
debris as an integral part of the work. The Contractor shall provide suitable
storage container if necessary, and be responsible for disposal off-site of all
debris and trash.
6. Construction shall be conducted in such a manner as to cause the least possible
interruption to normal County business. Necessary access to and from adjacent
buildings and the parking area shall be provided at all times.
7. Contractor needs to be aware of the facility, its vendors and staff with unusual
schedules and plan accordingly. Coordination of each day's work shall be done
in advance with approval from County. All spaces interior and exterior shall be
cleaned and returned to normal work period/day.
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8. The Contractor shall coordinate with Owner's representative on available hours
for Job Site access. Job site will have limited Monday-Friday 8:OOAM-5:OOPM
work hours. Any change to the agreed upon schedule must be obtained in
writing by County Project Manager with a minimum of seventy-two (72) hours
advanced notice.
9. Weather intrusion and unauthorized access to the Project Site due to
construction activities shall be prevented by the Contractor's careful scheduling
of work, or other means satisfactory to the Owner.
10. Special Project Signs; Notice of Work on Facility: N/A
11. Monroe County Project Management Temporary Facilities: N/A
12. Additional special provisions such as Alternates, Unit prices: N/A
13. Information shown in the Scope is assembled from numerous record information
sources and may be inaccurate or incomplete. Contractor shall make such field
visits or investigations as are necessary to prepare an accurate and complete
bid. Claims for extra work or expense after bid closing, which are due to 0
reasonably foreseeable circumstances, shall be denied and shall remain
the sole risk and expense of the Contractor. Field measured dimensions shall
be obtained by the Contractor prior to placing orders for fabrications or
prefabricated materials. Adjustments, delays, re-fabrications, or replacement
materials due to inaccurate information are the sole responsibility of the
Contractor.
14. The contract shall require a Public Construction bond equal to the contract cost.
The bond must be issued by an A rated surety company doing business in the
State of Florida. The Contractor shall provide a certified copy of the recorded CL
payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec.
255.05.
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6. Protection
1. The Contractor shall use every available precaution to provide for the safety of 0
property owner, visitors to the site, and all connected with the work under the 0
Contract.
2. All existing facilities, both above and below ground, shall be protected and
maintained free of damage. Existing facilities shall remain operating during the
period of construction unless otherwise permitted. All access roadways must
remain open to traffic unless otherwise permitted.
3. Barricades shall be erected to fence off all construction areas from operations,
personnel and the general public. Fence posts shall have bases that eliminate
the need to penetrate the ground for support.
7. Safety Requirements
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1. All application, material handling, and associated equipment shall conform to and
be operated in conformance with OSHA safety requirements.
2. The Contractor shall:
a. Comply with all Federal, State, Local, and Owner Fire and Life Safety
requirements.
b. Advise Owner whenever work is expected to be hazardous to owner employees
and/or operations.
c. Maintain a crewman as a floor area guard whenever roof and or decking is being
repaired or replaced.
d. Maintain proper fire extinguisher within easy access whenever power tools,
roofing kettles, and torches are being used.
8. Housekeeping
1. Keep materials neat and orderly. o
2. Remove scrap, waste, and debris from project area daily.
3. Maintenance of clean conditions while work is in progress and cleanup when
work is completed shall be in strict accordance with the "General Conditions" of
this contract.
4. Maintain Fire protection during construction.
5. Housekeeping required on a daily basis.
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End of Section 00100
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SECTION 00110
INSTRUCTIONS TO PROPOSERS
To be considered, Proposals must be made in accordance with these Instructions to Proposers.
ARTICLE 1
DEFINITIONS
1.1 Terms used in these Instructions to Proposers, which are defined in the General
Conditions, shall have the same meanings or definitions as assigned to them in the
General Conditions.
1.2 A Proposal, Bid, or Response is a complete and properly signed proposal to do the
Work for the sums stated therein, including any Owner Options or Alternates stipulated
therein, and submitted in accordance with the Proposal Documents. In this Request for E
Proposals the word "Bid" is used interchangeably for "Proposal" or "Response".
1.3 Addenda are written or graphic instruments issued by the Owner, its agents, employees
or consultants prior to the receipt of Proposals, which modify or interpret the Proposal
Documents by additions, deletions, clarifications, or corrections.
1.4 Allowance is a given amount to be included in the Proposer's proposal. From this L
Allowance, payments will be made to the vendor for the specified service or project. If
the Contractor is responsible for making payments, he/she will be reimbursed for the
payments to the vendor via presentation of invoices in his/her monthly payment LN
application. Allowance includes labor, materials, installations, permits, etc.
1.5 Alternate Proposal (or Alternate) is an amount stated in the Proposal to be added to or
deducted from the amount of the Base Proposal if the corresponding change in the CL
Work, as described in the Proposal Documents, is accepted by Owner.
0
1.6 Architect/Engineer is the Architect or Engineer hired by the County to design the
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project.
1.7 Base Proposal is the sum stated in the Proposal for which the Proposer offers to
perform the Work described in the Proposal Documents as the base, to which may be
added or from which Work may be deleted for sums stated in an Alternate Proposal or
Owner Option Proposals.
1.8 Proposer is a person or entity who submits a Proposal to the solicitation.
1.9 Proposal Documents include the Notice of Calling for Proposal, Instructions to
Proposers, Proposal, Pre-Proposal Substitutions, Scope of Work, Milestone Schedule
and other sample Proposal and contract forms and the proposed Contract Documents
including any addenda issued prior to receipt of Proposals. 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 and license and certification documentation, and Modifications issued after
execution of this Agreement. The Contract represents the entire and integrated
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agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral.
1.10 Not Used.
1.11 "Owner" is synonymous with "Monroe County".
1.12 "Perform" means to comply fully with the specified or implied requirements of the
Contract.
1.13 "Provide" means "furnish and install". Wherever "provide" or "furnish and install" are
used, this shall mean the purchase and complete installation, and all purchasing
requirements and procedures, as per the specified or implied requirements of the
Contract.
1.14 Sub-bidder is a person or entity who submits a bid to a Proposer for materials or labor
for a portion of the Work.
1.15 "Unit Price" means an amount stated in the Proposal as a price per unit of
measurement for materials or services as described in the Proposal Documents or in the o
proposed contract documents. Unit prices shall apply to change orders.
ARTICLE 2
COPIES OF PROPOSAL DOCUMENTS
2.1 Proposers may obtain complete sets of the Proposal Documents from DemandStar at
www.demandstar.com or www.monroecountybids.com.
2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals.
Neither the Owner nor Project Management, nor their agents, nor the Architect/Engineer
assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Proposal Documents.
2.3 Submitted Proposals MUST include an Insurance Agent Statement and a completed
Insurance Checklist, and all forms and requirements as called for in the Request for
Proposals. Failure to include all necessary forms and licenses will result in a non-
responsive proposal.
ARTICLE 3
EXAMINATION OF PROPOSAL DOCUMENTS AND SITE
3.1 Before Submitting a Proposal:
3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents.
3.1.2 Each Proposer shall visit the site to familiarize himself/herself with local conditions that
may in any manner affect the cost, progress, or performance of the Work.
3.1.3 Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations
and responsibilities assumed under this Proposal.
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3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the Proposal
Documents, or should he/she be in doubt as to their meaning, he/she shall at once
notify the Owner, in writing by e-mail to Cary Knight at Knight-Cary@monroecounty-
fl.gov and Suzi Rubio at Rubio-Suzanne@monroecounty-fl.gov.
3.2 The lands upon which the Work is to be performed, right-of-ways for access thereto and
other lands designated for use by the Contractors in performing the Work are identified
in the General Requirements or Drawings.
3.3 Each Proposer shall study and carefully correlate his/her observations with the Proposal
Documents.
3.4 The submission of a Proposal will constitute a representation by the Proposer that
he/she has complied with every requirement of Article 3 and that the Proposal
Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance of the Work.
ARTICLE 4
INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS
0
4.1 Proposers and Sub-proposers shall promptly notify the Director of Project Management
in writing of any ambiguity, inconsistency or error that they may discover upon
examination of the Proposal Documents or of the site and local conditions.
4.2 Proposers and Sub-proposers requiring clarification or interpretation of the Proposal
Documents shall submit their questions in writing to the Director of Project Management
no later than 11/25/2020 (see 3.1.4). Any answer, interpretation, correction, or change W
of the Proposal Documents will be accomplished by Addenda. Copies of Addenda will be
made available for inspection at DemandStar at http://www.demandstar.com or
http://www.monroecountybids.com. Interpretations, corrections, or changes of the
Proposal Documents made in any other manner will not be binding, and Proposers shall
not rely upon such interpretations, corrections, and changes. Oral and other
interpretations or clarifications will be without legal effect.
ARTICLE 5
PROPOSALPROCEDURE
5.1 FORM AND STYLE OF PROPOSAL
5.1.1 The Proposal shall be submitted on the forms included in Section 00110 of these
Proposal Documents with the exception of the Proposal Bond, which may be submitted
in alternate forms as described in Section 5.3.1 of these Instructions to Proposers. Each
of the forms in Section 00110 must be properly filled out, executed, and submitted as the
Proposal.
5.1.2 All blanks on the Proposal Form shall be filled in with ink or by typewriter or word
processor.
5.1.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and
figures, and in case of discrepancy between the two, the amount written in words shall
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govern. Failure to comply with this requirement shall constitute a non-responsive
proposal.
5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Proposal.
5.1.5 All requested Alternates shall be proposed. If no change in the Base Proposal is
required, enter "No Change". Failure to comply with this requirement shall constitute a
non-responsive proposal.
5.1.6 All requested Allowances shall be proposed. Failure to comply with this requirement
shall constitute a non-responsive proposal.
5.1.7 The Proposer is required to submit a copy of the appropriate and current Contractor's
license (Monroe County or State) as part of the Proposal.
5.2 ADDENDA a,
5.2.1 Each Proposer shall ascertain prior to submitting his/her Proposal that he/she has
received all Addenda issued, and he/she shall acknowledge their receipt in his/her
Proposal. However, in case any Proposer fails to acknowledge receipt of such addenda, o
his/her Proposal will nevertheless be construed as if it had been received and
acknowledged, and the submission of the Proposal will constitute acknowledgement of
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receipt of the addenda. It is the responsibility of each Proposer to verify that he/she has
received all addenda issued before Proposals are opened.
5.2.2 No Addenda will be issued later than five (5) business days prior to the date for
receipt of Proposals except for an Addendum withdrawing the request for W
Proposals or one which includes postponement of the date for receipt of
Proposals.
5.2.3 Copies of Addenda will be made available for inspection where Proposal Documents are
on file for that purpose. See Article 4.2 above.
5.3 PROPOSAL SECURITY
5.3.1 Each proposal shall be accompanied by a Proposal Security in the amount equal to five
percent (5%) of the Proposer's maximum bid price by way of a bid bond from a surety
insurer authorized to do business in Florida as a surety or any method permitted in
§255.051, Florida Statutes, as amended (certified check, cashier's check, treasurer's
check or bank draft of any national or state bank). If the security is in the form of a
check or draft, it shall be made payable to Monroe County BOCC.
Proposals submitted pursuant to the electronic bidding process set forth in Section
00030 (Notice of Calling for Proposals) shall include electronic copies of the Proposed
Security identified above. Original documents, including the bid bond and/or certified
check, cashier's check, treasurer's check or bank draft of any national or state bank shall
be submitted contemporaneously through the United States Postal Service or by means
of a commercial delivery service to: Monroe County Board of County Commissioners,
c/o Purchasing Department; 1100 Simonton Street, Room 2-213; Key West, Florida
33040.
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5.3.2 The Proposal surety constitutes a pledge and guarantee by the Proposer that the
Proposer will enter into a Contract with the Owner on the terms stated in his Proposal
and the solicitation documents and will furnish a certified copy of the recorded
performance bond, as described in the General and Supplementary Conditions of this
contract if the Proposer is the successful bidder. Bid securities may remain in the
custody of the County OMB for up to ninety (90) days from the bid opening date or until
forfeited or released. The bid security of the successful bidder shall be returned to the
bidder after (a) the bidder executes the contract, (b) furnishes a certified copy of a good
and sufficient performance bond, payment bond, and required proof of insurance as may
be required in the contract documents, and (c) commences performance of the contract.
If after the Board of County Commissioners accepts the bid to a competitive solicitation
the successful bidder refuses or is unable to execute the contract to provide the required
contract bonds or proof of insurance, or commence performance, the County may annul
the Notice of Award, and the bid security will be forfeited to, and become the property of,
the County as liquidated damages for the County's loss of bargain.
5.3.3 The proposal security of any Proposer may be retained by the County set forth in section
5.3.2 above, or for up to ninety (90) days from the date when all Proposals have been
rejected. o
5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS
5.4.1 The overall schedule for construction is shown in the Proposal Documents "Milestone
Schedule" at Section 00350.
5.4.2 The Contractor will be required to provide adequate manpower and equipment in order W
to meet the requirements of the schedule.
5.4.3 Proposer shall determine all permits, impact fees, inspections, testing and survey (and
fees required by same) required by Federal, State, Municipal or Utility bodies having
jurisdiction over the project. Proposer shall include in his proposal the cost of all such
permits, impact fees, inspections, testing, and surveys for the project site/building. The 0.
Contractor shall be required to secure all such permits, impact fees, inspections, testing,
surveys, and to provide all installation and permitting, required for the execution of this
Contract. The County will assess County building permit and County impact fees. The
Contractor shall be responsible for any and all building permit costs or impact fees
required for the substantial completion of this project.
5.4.4 The Contractor shall be responsible to secure and pay for all testing services of an
independent testing laboratory to perform specified inspections and testing as indicated
in Technical Specification Sections and as required by the contract or governing
authorities. Contractor shall include the cost of all inspection and testing fees in his bid
proposal.
5.5 SUBMISSION OF PROPOSALS
5.5.1 Proposals shall be submitted to Monroe County at the designated location not later than
the time and date for receipt of Proposals indicated in the Notice of Calling for
Proposals, or any extension thereof made by Addendum. Monroe County's
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representative authorized to open the Proposals will decide when the specified time has
arrived and no Proposals received thereafter will be considered. Proposals received
after the time and date for receipt of Proposals will be returned unopened.
5.5.2 In response to COVID-19, the Monroe County Purchasing Department has implemented
a new electronic process for receiving and opening sealed bids. Monroe County is
committed to continuing to receive and process competitive solicitations while
maintaining the health and safety of our employees and those who attend the bid
opening.
Please DO NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered
bids/proposals/ responses will not be considered.
Monroe County Purchasing requests that bids be submitted via email to
OMB®BIDS cC�mcnrceccunty®fi. ov a,
no later than 3 pm on 12/7/2020. Please submit your confidential financials in a
separate email from your bid and required documents.
0
Your subject line on both emails must read as follows:
HARRY HARRIS BASEBALL FIELD SOD REPLACEMENT 12/07/2020
Files that do not contain this subject line will be rejected.
Please note that the maximum file size that will be accepted by email is 25MB. Should W
your bid documents exceed 25MB or are otherwise rejected or undeliverable to OMB-
BIDS@monroecounty-fl.gov in advance of the bid opening, please email: cmb-
urchasing( mcnrceccunty®fi.gov so accommodations for delivery of your bid can be
made prior to the bid opening. Please be advised that it is the bidder's sole responsibility
to ensure delivery of their bid and waiting until bid opening to address or confirm your bid
submission delivery will result in your bid being rejected.
The bid opening for this solicitation will be held virtually via the internet at 3 pm
12/07/2020. You may call in via phone or internet using the following:
Join Zoom Meeting
hits://mcbccc.zccm.us/i/4509326156
Meeting ID: 450 932 6156
One tap mobile
+16465189805„4509326156# US (New York)
+16699006833„4509326156# US (San Jose)
Dial by your location
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
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5.5.3 The Proposer shall assume full responsibility for timely delivery at the location
designated for receipt of Proposals.
5.5.4 Not Used.
5.6 MODIFICATION AND WITHDRAWAL OF PROPOSALS
5.6.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the
stipulated time period following the time and date designated for the receipt of
Proposals, except as provided in paragraph 5.7 Right to Claim Error in PROPOSAL, and
each Proposer so agrees in submitting his/her Proposal.
5.6.2 Prior to the time and date designated for receipt of Proposals, any Proposal submitted
may be modified by delivery to Monroe County Purchasing Department of a complete
Proposal as modified. All envelopes shall be marked "Modified Proposal". Delivery shall
comply with requirements for the original proposal.
5.6.3 Proposals may be withdrawn prior to the time and date designated for the receipt of
Proposals. Withdrawn Proposals may be resubmitted up to the time designated for the
receipt of Proposals provided that they are then fully in conformance with these o
Instructions to Proposers.
5.6.4 If required, the Proposal Security shall be in an amount equal to five percent (5%) of the
of the modified proposal price. See Article 5.3.1 for description of the form of the
proposal security.
5.6.5 Conditional, modified, or qualified proposals will be rejected. Proposers are to comply W
with the instructions on the proposal forms, and not make any changes thereto.
5.7 RIGHT TO CLAIM ERROR IN PROPOSAL
5.7.1 Each Proposer's original work papers, documents, and materials used in preparation of
the proposal shall be enclosed in an envelope and marked clearly as to contents, must 0.
be received by Monroe County Purchasing Department no later than twenty-four (24)
hours after the time and date for receipt of Proposals, or any extension thereof made by
Addendum. Additionally, Proposers shall submit by email copies of their original work
papers, documents, and materials used in preparation of the proposal to Monroe County
Purchasing Department no later than twenty-four (24) hours after the time and date for
receipt of Proposals, or any extension thereof made by Addendum. The contents of the
email shall be clearly marked in the subject line of the email. Proposers who fail to
submit their original work papers, documents, and materials used in the preparation of
the proposal, as provided herein, waive all rights to claim error in the Proposal.
5.7.2 Owner will review documents submitted within the designated time frame for the purpose
of determining the validity of the Proposer's claim.
5.7.3 Following review of the Proposer's claim at the election of the Owner, the Owner may:
a. Allow the Proposer to withdraw the Proposal and the Owner retains the
Proposal Security.
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b. Allow the Proposer to withdraw the Proposal and the Owner returns the
Proposal Security.
C. Allow the Proposer to enter into contract for the proposed Work at the
original Proposal price.
ARTICLE 6
CONSIDERATION OF PROPOSALS
6.1 OPENING OF PROPOSALS
6.1.1 The properly identified Proposals received on time will be opened at the Monroe County
Purchasing Department. The public is permitted to be present via a virtually held bid
opening as specified in Article 5.5.2.
6.1.2 Any Proposal not received by the Purchasing Department on or before the deadline for
receipt of proposals designated in the Notice of Calling for Proposals will not be opened.
6.2 PROPOSALS TO REMAIN OPEN
6.2.1 All Proposals shall remain open and valid for ninety (90) days after the date designated o
for receipt of Proposals.
6.2.2 The Owner may, at its sole discretion, release any Proposal and return the Proposal
Security before the ninety (90) days period has elapsed.
6.3 AWARD OF CONTRACT
6.3.1 The Owner reserves the right to reject any and all proposals, or any part of a proposal.
The Owner reserves the right to waive variations from the specifications that do not
render the proposal non-conforming. The Owner retains the right to disregard non-
conformities, non-responsive proposals or conditional proposals in the best interest of
the County.
6.3.2 In evaluating Proposals, the Owner shall consider the qualifications of the proposers and
whether or not the Proposals comply with the prescribed requirements in the Proposal
Documents.
6.3.3 The Owner shall have the right to accept alternates in any order or combination and to
determine the low proposer on the basis of the sum of the Base Proposal plus Alternates
selected by the Owner. The Owner reserves the right to reject any or all Alternates in
the selection process as is deemed necessary to keep the project within budget.
6.3.4 The Owner may consider the qualifications and experience of subcontractors and/or
other entities (including those who are to furnish materials, or equipment fabricated to a
special design) proposed for each of the principal portions of the Work as identified in
the Proposal Documents. Proposers shall submit their listing of subcontractors. A
Proposed Subcontractor Listing Form supplied by the Owner is to be completed for this
purpose.
6.3.5 Not Used.
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6.3.6 Not Used.
6.3.7 Not Used.
6.3.8 Not Used.
6.3.9 The Owner may conduct such investigations, as deemed necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications, and
financial ability of the Proposers, proposed subcontractors, and other persons or
organizations to do the Work in accordance with the Contract Documents to the Owner's
satisfaction within the prescribed time.
6.3.10 The Owner reserves the right to request any additional information related to the
financial qualifications, technical competence, the ability to satisfactorily perform within
the contract time constraints, or other information the department deems necessary to
enable the department and Board of County Commissioners to determine if the person
responding is responsible.
6.3.11 The Owner reserves the right to reject the Proposal of any Proposer who does not pass o
any such evaluation to its satisfaction.
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6.3.12 If the Contract is awarded, it will be awarded to the lowest, conforming responsible,
responsive Proposer at the discretion of the Board of County Commissioners.
6.3.13 If the Contract is to be awarded, the Owner will issue the Notice of Award to the
successful Proposer within ninety (90) days after the date of receipt of proposals. The W
Owner reserves the right to return all Proposals, not make any awards, and cancel the
Project. The Owner reserves the right to not accept any proposals and advertise another
RFP for the job.
6.3.14 The Owner is tax exempt and reserves the right to purchase directly various construction
materials and equipment that may be a part of the Contract. If the Owner elects to make
a particular purchase, the Owner will, via a Purchase Contract, purchase the materials
and equipment, and the Contractor shall assist the Owner in the preparation of these
Purchase Contracts, including providing to the Owner appropriate tax credits. The
Contractor agrees that the amount of the purchase and the appropriate tax credit will be
the subject of a deductive change order in recognition of the fact that the purchase and
taxes were computed into the contractor's costs.
6.3.15 Tie Breaker Procedure: In the event the same competitive solicitation amounts are
received from two (2) or more responders who are considered by the BOCC to be
equally qualified and responsive or when two (2) or more responders are equal in rank
and score, and only one (1) of the responders has a principal place of business in
Monroe County, FL, the award shall be to the responder who has a principal place of
business located in Monroe County, FL, except where prohibited by federally funded
contracts. Otherwise, the tie will be resolved by draw from an opaque container.
6.3.16 Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely
affected by the decision or intended decision to award a contract shall submit in writing a
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notice of protest which must be received by the County within seventy-two (72) hours or
three (3) business days, whichever is less, after the posting of the notice of decision or
intended decision on DemandStar or posting of the Notice of Decision or Intended
Decision on the Monroe County Board of County Commissioners' agenda, whichever
occurs first. Additionally, a formal written protest must be submitted in writing and must
be received by the County Attorney's Office seventy-two (72) hours or three (3) business
days prior to the Board of County Commissioner's meeting date in which the award of
contract by the Board of County Commissioners will be heard. The only opportunity to
address protest claims is before the BOCC at the designated public meeting in which the
agenda item awarding the contract is heard. In accordance with the Rules of Debate as
set forth in the Monroe County Board of County Commissioners Administrative
Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for
providing the Clerk with his/her name and residence prior to the agenda item to award
the contract being called in order to preserve their opportunity to be heard on this matter.
An individual has three (3) minutes to address the Commission and a person
representing an organization has five (5) minutes to address the Commission. The
BOCC decision to award the contract is final and at their sole discretion. Failure to
timely protest within the times prescribed herein shall constitute a waiver of the ability to
protest the award of contract, unless it is determined that it is in the best interest of the
County to do so. o
6.4 EXECUTION OF CONTRACT
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6.4.1 The contract shall be put in final form by Project Management and given to the
Contractor for signature. The Contractor shall sign and deliver one (1) original of the
Contract Agreement to Project Management within ten (10) days after receipt of a
contract from Project Management. All other Contract Documents such as Insurance W
Certificates and a certified copy of a good and sufficient performance bond and payment
bond are to be provided to Project Management within fourteen (14) days after approval
of the contract by the Board of County Commissioners. A Notice to Proceed will be
issued to the Contractor after approval of the contract by the BOCC and upon
satisfactory compliance with these provisions. In no event shall the failure of the
Contractor to provide satisfactory Insurance Certificates within the stipulated time be CL
cause for an extension of the contract time. Project Management will return one (1) fully
executed copy of the Contract Agreement to the Contractor with all other Contract
Documents attached upon receipt from the Owner.
6.5 OWNER'S RIGHT TO RETAIN PROPOSAL BOND AND AWARD TO NEXT LOWEST
CONFORMING RESPONSIBLE PROPOSER
In the event the Contractor is given Notice of Award in 6.3 above and fails to execute
and deliver all contract documents required in 6.4 above, the Owner may exercise its
right to retain the proposal bond and award the contract to the next best ranked
conforming responsible, responsive proposer.
ARTICLE 7
SPECIAL LEGAL REQUIREMENTS
INSTRUCTIONS TO PROPOSERS 00110- Page 21 of 305
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D.7.b
7.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal,
State, and local laws, ordinances, permit fees, impact fees, rules and regulations that
may apply to the Work or that may in any manner affect the cost, progress, or
performance of the Work. Monroe County requires its buildings to conform to Florida
Green Building Coalition standards.
7.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal 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 a 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, Florida Statutes for CATEGORY TWO
for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list. a,
End of Section 00110
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INSTRUCTIONS TO PROPOSERS 00110- Page 22 of 305
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D.7.b
SECTION 00120
PROPOSALFORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description Pages
1. Proposal Form 23-27
2. Bid Bond (Proposal Security) 29
3. Non-Collusion Affidavit 30
4. Lobbying and Conflict of Interest Clause 31
5. Drug-Free Workplace Form 32
6. Public Entity Crime Statement 33
7. Vendor Certification Regarding Scrutinized Companies Lists 34
8. Subcontractor Listing Form 35 0
9. Insurance Requirements and Policy and Procedures 36-37
10. Workers Compensation and Employers' Liability 38
11. General Liability 39
12. Vehicle Liability 40
13. Proposer's Insurance and Indemnification Statement 41-42
14. Insurance Agent's Statement 43
15. Minority Owned Business Declaration 44
16. Certification Regarding Debarment, Suspension, Ineligibility, 45
And Voluntary Exclusion
17. Contractor License:
A Current Copy to be submitted with Proposal.
Subcontractor Licenses to be Submitted Prior to
Award of Notice to Proceed.
INFORMATION REQUIRED TO BE PROVIDED
1. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; if a solely owned proprietorship, names(s) of
PROPOSAL FORM 00120- Page 23 of 305
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D.7.b
owner(s). A copy of documentation demonstrating that the entity is a legally
viable entity shall be attached.
B. A list of the officers and directors of the entity.
C. Relevant Experience: The number of years the person or entity has been
operating and, if different, the number of years it has been providing the service,
goods, or construction services called for in the proposal specifications (include a
list of similar projects).
D. The number of years the person or entity has operated under its present name
and any prior names.
E. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the
goods for which it has contracted? (If yes, provide details of the job,
including where the job was located and the name of the owner.)
YES NO o
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b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, or its
officers, directors, or general partners (this specifically includes any
present or prior entities in which the person, principal, entity, officer,
director or general partner of the proposing entity has been involved as a
person, principal, entity, officer, director or general partner in the last five
(5) years)? (If yes, provide details, include enough information about the
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judgment, claim, arbitration or suit so that the Owner will able to obtain a
copy of the judgment or claim or locate the suit by location and case
number.)
YES NO
C. Has the person, principal of the entity, entity, or its officers, major
shareholders or directors within the last five (5) years, been a party to any
law suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal,
entity, officer, director or general partner in the last five (5) years. (If yes,
provide details, include enough information about the judgment, claim,
arbitration or suit so that the Owner will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES NO
PROPOSAL FORM 00120- Page 24 of 305
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D.7.b
d. Has the person, principal of the entity, or its officers, owners, partners,
major shareholders or directors, ever initiated litigation against Monroe
County or been sued by Monroe County in connection with a contract to
provide services, goods or construction services? This specifically
includes any present or prior entities in which the person, principal, entity,
officer, director or general partner of the proposing entity has been
involved as a person, principal, entity, officer, director or general partner.
(If yes, provide details, include enough information about the judgment,
claim, arbitration or suit so that the Owner will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES NO
e. Whether, within the last five (5) years, the Owner, an officer, general
partner, controlling shareholder or major creditor of the person or entity
was an officer, general partner, controlling shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar
to those sought in the request for bids. (If yes, provide details and o
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information about the failure to perform services or furnish goods that will
enable the Owner to thoroughly consider the matter.)
YES NO
f. Customer references (minimum of three), including name, current --
address and current telephone number. Credit References (minimum of
three), including name, current address and current telephone number. CL
g. Financial statements for the prior three (3) years. Please provide in a
separate email for the Contractor's confidentiality, and clearly label the
email as "CONFIDENTIAL" one (1) original copy.
("Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works project is exempt from F.S. 119.07(1) and
s.24(a), Art. 1 of the State Constitution.") However, any financial
information the Contractor includes in the proposal packet, which is not
marked as "Confidential", may be disclosed in any public records request
and will not be treated as "Confidential."
SECTION 00120
PROPOSAL FORM 00120- Page 25 of 305
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D.7.b
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM:
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
HARRY HARRIS PARK BASEBALL FIELD SOD
REPLACEMENT
and having carefully examined the site where the Work is to be performed, having become CL
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself/herself 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 W
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he/she
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 numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Dollars.
(Total Base Proposal-words)
$ Dollars.
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 26 of 305
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D.7.b
I acknowledge Alternates as follows: N/A
Unit prices, if any, are as follows: N/A
I acknowledge receipt of Addenda No.(s)
No. Dated
No. Dated
No. Dated
No. Dated
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PROPOSAL FORM 00120- Page 27 of 305
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Proposer, states by his/her check mark in the blank beside the form and by his/her signature
that he/she has provided the following requirements (located in Section 00120):
1. Proposal Form
2. Proposal Security (Bid Bond)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Public Entity Crime Statement
7. Vender Certification Regarding Scrutinized Companies Lists
8. Subcontractor List Form
9. Proposer's Insurance and Indemnification Statement
10. Insurance Agents Statement (signed by agent)
11. Answered Required Questions
12. Provided three (3) Customer References and three (3) Credit References
Provided three (3) years of Financial Statements in separate email marked
13. "CONFIDENTIAL"
14. Certified copy of Valid Florida Contractor's License
15. Current Monroe County Occupational License
16. Minority Owned Business Declaration
17. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Business
Name: DBA:
Business
EIN #
Business Mailing
Address: Address:
City,
State, Zip City,State,Zip
Phone: Local Phone:
The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1)year prior to the notice of request for bid or proposal.
Date: Signed:
Printed:
Title:
Witness:
PROPOSAL FORM 00120- Page 28 of 305
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D.7.b
BID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of as Surety, hereinafter called
the Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Dollars
($ ), for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
0
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal 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 sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect. 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.
(Principal) (Seal)
(Witness)
(Title)
(Surety) (Seal)
(Witness)
(Title)
PROPOSAL FORM 00120- Page 29 of 305
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D.7.b
SECTION 00120
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion, E
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; and
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 knowingly 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 corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge of said project.
(Signature of Proposer) (Date)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date)
by (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
PROPOSAL FORM 00120- Page 30 of 305
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D.7.b
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without 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".
(Signature)
Date:
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STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online E
notarization, on (date)
by (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
PROPOSAL FORM 00120- Page 31 of 305
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D.7.b
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
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.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a 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).
4. 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
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law of the United States or any state, for a violation occurring in the workplace no later than five
(5)days after such conviction. CL
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5. 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 good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
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As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
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Proposer's Signature
Date
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online
notarization, on (date) by (name of affiant).
He/She is personally known to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
(SEAL) My commission expires:
PROPOSAL FORM 00120- Page 32 of 305
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D.7.b
PUBLIC ENTITY CRIME STATEMENT
"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 bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the above and state that neither
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last E
thirty-six (36) months.
0
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date)
by (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
PROPOSAL FORM 00120- Page 33 of 305
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D.7.b
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or E
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing
a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with c
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in CL
Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
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I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or CL
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria. E
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myfiorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
PROPOSAL FORM 00120- Page 34 of 305
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SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
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D.7.b
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance E
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (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 contract and any penalties and failure to CL
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.
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
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Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may
be contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified complete copy of any or all
insurance policies with all endorsements, amendments, exclusions and notice of changes to the
policy as required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 305
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D.7.b
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.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
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 Monroe County Risk Management.
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D.7.b
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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 E
statutes and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
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$500,000 Bodily 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 LN
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
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.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 305
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D.7.b
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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 o
• Personal Injury Liability
The minimum limits acceptable shall be:
$500,000 Combined Single Limit
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
(12) 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.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 305
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D.7.b
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum, E
liability coverage for:
Owned, Non-Owned, and Hired Vehicles
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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.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 305
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PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Business Automobile Liability $300,000 Combined Single Limit
(Owned, non-owned, and hired vehicles)
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Fla. Stat. Sec. 255.05.
Hold Harmless, Indemnification, and Defense. 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 recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission 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). The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence pursuant
INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 305
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to Fla. Stat. Sec. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event 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 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
FDEM Indemnification o
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Agency, the State of Florida, Department of Emergency Management, and its officers andCL
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity. CL
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PROPOSER'S STATEMENT CL
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
PROPOSER Signature
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INSURANCE 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 o
Insurance Agency Signature
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Minority Owned Business Declaration
a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least W
5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or a
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification U)
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and
whose management and daily operations are controlled by such persons.A minority business enterprise may CL
primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this .
subsection,the term"related immediate family group"means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit. _
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 c-
million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
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Contractor may refer to F.S. 288.703 for more information.
Contractor Sub-Recipient: Monroe County
E
Signature Signature
Print Name: Printed Name:
Title: Title/OMB Department:
Verified via:
h1t2s.Losd.dms.m1f1orida.comJdirectories
Address: DEM Contract: Z0002
City/State/Zip
Date: FEMA Project Number:
INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 305
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Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, certifies, by submission
of this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(21 Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
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Signature Recipient's Name
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Name and Title Division Contract Number
Street Address FEMA Project Number
City, State, Zip CL
Date
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End of Section 00130
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SECTION 00140
PRE-PROPOSAL SUBSTITUTIONS
PART 1 - GENERAL
1.1 Document includes
A. Pre-Proposal Substitutions
1.2 PROPOSER'S OPTIONS
A. For products specified only by reference standard, select product meeting that
standard, by any manufacturer.
B. For products specified by naming several products or manufacturers, select one
(1) of the products and manufacturers named which complies with the Technical
Specifications.
C. For Products specified by naming several products or manufacturers and stating
if equivalent", "or equal", or "Project Management approved equivalent", or le
similar wording, submit a request for substitutions, for any product or
manufacturer which is not specifically named for review and approval by Owner 0.
and Architect.
D. For products specified by naming only one (1) product/manufacturer, there is no
option and no substitution will be allowed.
1.3 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
1. Substitutions for products may be made during the proposal process by
submitting completed substitution request form and substantiating product
data/literature a minimum of ten (10) calendar days prior to the Proposal
Date to Project Management.
2. Project Management will consider requests utilizing this section from the
Proposer for substitution of products in place of those specified.
3. Those submitted fifteen (15) calendar days prior to Proposal Due Date
will be included in an addendum if acceptable.
4. Substitution requests may be submitted utilizing a facsimile machine
(FAX) if substitution request forms and substantiating data are submitted.
B. Submit separate request for each substitution. Support each request with:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
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b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
C. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
listing significant variations.
3. Data relating to changes in construction schedule.
4. All effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Designation of required license fees or royalties.
7. Designation of availability of maintenance services, sources of
replacement materials.
C. Substitutions will not be considered for acceptance when:
1. Acceptance will require substantial revision of Contract Documents. o
2. In the judgment of the Owner, the substitution does not include adequate
information necessary for a complete evaluation.
D. The Owner will determine the acceptability of any proposed substitution.
1.4 PROPOSER'S REPRESENTATION
A. In making formal request for substitution, the Proposer represents that:
1. He/She has investigated the proposed product and has determined that it
is equivalent to, or superior in all respects to that specified.
2. He/She will provide same warranties or bonds for substitution as for
product specified.
3. He/She will coordinate installation of accepted substitution into the Work,
and will make such changes as may be required for the Work to be
complete in all respects.
4. He/She waives claims for additional costs caused by substitution which
may subsequently become apparent.
5. Cost data is complete and includes related costs under his/her Contract,
but not:
a. Costs under separate contracts.
b. Architect/Engineer's costs for redesign or revision of Contract
Documents.
6. Cost data need not be submitted, if request is for inclusion in an
addendum.
1.5 PROJECT MANAGEMENT'S DUTIES
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A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identify accepted substitutions.
C. Substitution requests that are not approved will be returned to the party
submitting the request.
1.6 SUBSTITUTION REQUEST FORM
A. The form is attached to this Section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with all required back-up data.
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SUBSTITUTION FORM
TO: Project Management
PH: FAX:
We hereby submit for your consideration the following product instead of the specified item for the above project:
Drawing No. Drawing Name Spec Sec. Spec Name Paragraph Specified Item m
Proposed Substitution:
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Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require
M
for its proper installation. CL
c�
Submit with request necessary samples and substantiating data to prove equal quality and performance to that which
is specified. Clearly mark manufacturer's literature to indicate equality in performance.
LN
The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for
equal performance,equal design and compatibility with adjacent materials. W
Submitted By:
Signature TitleCL
Firm
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Address CL
City/State/Zip Code
Telephone Date
Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure to provide legally
binding signature will result in retraction of approval.
For use by Project Management: Approved Approved as noted Not Approved
Received too late Insufficient data received
By Date
Fill in Blanks Below:
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A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and
detailing costs, caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
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E. Manufacturer's warranties of the proposed and specified items are: CL
Same Different. Explain:
F. Reason for Request:
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G. Itemized comparison of specified item(s) with the proposed substitution; list significant CL
variations:
H. Designation of maintenance services and sources: (Attach additional sheets if
required.)
End of Section 00140
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SECTION 00200
SITE SURVEY
A. The Plat of Survey and other survey data, are available in the Office of Project
Management for review, and are for the general information of the proposer. The data
contained was prepared by the Owner for the Architect's use for the design of the
project, and neither the Owner nor the Architect, nor Project Management make any
representation, guarantee of warranty as to the accuracy or completeness of data
indicated, expressed or implied.
B. Proposers shall visit the site; make their own investigations, assumptions and
conclusions as to the nature and extent of existing surface and overhead conditions
affecting the work. Neither the Owner nor the Architect, nor Project Management will be
responsible for additional type or extent of work required to be performed under the E
Contract due to any assumptions or conclusions by the successful proposer based upon
the survey information provided.
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End of Section 00200
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SECTION 00350
MILESTONE SCHEDULE/LIQUIDATED DAMAGES
This section contains the project milestone schedule. The Contractor is required to determine
his/her proposed schedule to meet these milestone dates.
The Contractor is to note the following special milestone dates.
1. Proposal Documents Available 11/20/2020
2. Last Day to Submit RFI's 11/25/2020
3. Proposal Due Date 12/7/2020
4. BOCC Award Date (Anticipated) 12/9/2020
5. Notice to Proceed & Pre-Construction Meeting (Anticipated) 12/14/2020
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6. Substantial Completion (Anticipated) 2/14/2021
The Contractor shall commence performance of this Contract within ten (10) calendar days after
the date of issuance to the Contractor by Owner of the Notice to Proceed. Once commenced,
Contractor shall diligently continue performance until completion of the Project.
The Contractor shall accomplish Substantial Completion of the Project within Sixty (60)
calendar days.
The Contractor shall accomplish Final Completion of the Project within Thirty (30) calendar
days thereafter.
The term "Substantial Completion" as used herein shall mean that point at which, as certified in
writing by Project Management, the Project is at a level of completion in strict compliance with
this Contract such that the Owner or its designee can enjoy beneficial use or occupancy and
can use or operate it in all respects for its intended purpose. Partial use or occupancy of the
Project shall not result in the Project being deemed substantially complete and such partial use
or occupancy shall not be evidence of Substantial Completion. The term "Final Completion" as
used herein shall mean that point at which, as certified in writing by Project Management, that
the Project is one hundred percent (100%) complete and in conformance with the Contract.
LIQUIDATED DAMAGES
Conditions Under Which Liquidated Damages Are Imposed—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
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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 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/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 recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
End of Section 00350
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 00500
AGREEMENT
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the (write out the date)
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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And the Contractor: CONTRACTOR
ADDRESS
ADDRESS
For the following Project: HARRY HARRIS PARK BASEBALL FIELD SOD
REPLACEMENT
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Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Documents and Specifications. The Contractor is required to provide a complete
job as contemplated by the documents and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power, tools,
equipment, supplies, permits, and any other means of construction necessary or proper
for performing and completing the repairs listed.
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1. Baseball Fields Renovation Scope of Work (Approximate area of 112,000 SF)
2. The Contractor must conduct a field visit and coordinate with Monroe County to confirm
the limits of work. During this field visit, the Contractor shall confirm that the existing
irrigation system is fully operational and that all irrigation heads are providing head to
head coverage. The Contractor must document all irrigation system components that
are damaged and must be repaired or replaced.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
3. The Contractor shall strip 3" inches of existing turfgrass and organic material from all
playing field grass areas and remove all unsuitable materials off-site in a legal manner.
4. The Contractor shall incorporate 2.5" inches of approved USGA rootzone sand and mix
into existing soil using reverse tine rototiller such as a Rotadairon. The rototiller
process must create a uniform blended mix subsurface profile upon completion of this
scope of work.
5. The Contractor shall utilize laser grading equipment to remove undulations and low
areas.
6. The Contractor shall field adjust all existing irrigation heads as necessary to insure they
are at proper elevation of the re-graded soil and functioning properly prior to new
turfgrass installation. The current estimate assumes that the current irrigation system
has been properly maintained. The current estimate excludes any repairs or replacing
of any existing irrigation materials. Should some parts need to be replaced these would
be at an agreed upon additional cost. E
7. The Contractor shall apply a single uniform pre-sod fertilizer application to the
re-graded soil material prior to the installation of the new turfgrass.
8. The Contractor shall furnish all qualified labor, tools, equipment, and materials to grow,
harvest, and install sod "Big Roll" Celebration Bermuda turfgrass. The Bermuda o
turfgrass shall be installed within 24 hours of time of harvest. All turfgrass joints shall be
filled with approved USGA rootzone material. The Contractor shall apply irrigation water
and surface roll the new stand of turfgrass to create a uniform surface grade absent of
low and high spot elevations. The County reserves the right to reject any Bermuda
turfgrass roll that appears to be unhealthy prior to placement on the playing field.
9. The Celebration Bermuda turfgrass shall be warranted in writing by the sod grower
(farm) to be free of weeds, insects, disease, and toxins prior to harvesting. Said
warranty shall include nematode testing of the soil material from which the turf is being
harvested. All sod supplied to the project site shall have a Florida Nursery Horticulture
Inspection Certification along with nematode testing results. Copies of certifications
shall be delivered to the Monroe County Project Representative or Project Manager
seven (7) days'prior to delivery of the sod to the project site. Failure to provide this
information as stated above may result in rejection of sod installation.
10. Initial Substantial Compliance: Upon completion of the turfgrass installation the
Contractor and Monroe County Project Representative or Project Manager will
conduct an initial walkthrough inspection to identify any workmanship items that
need to be corrected by the Contractor. The Monroe County Project
Representative or Project Manager shall provide a written punch list of items to the
Contractor that needs'to'be corrected prior to scheduling the final substantial
compliance. No final substantial compliance can occur during the 30-Day Grow-in
Program.
11. The Contractor shall laser grade and re-compact existing baseball infield clay.
12. 30-Day Grow-in Maintenance Program: Includes mowing, fertilization, aeration,
topdressing, and application of any required fertilizers, herbicides, or pesticides until
sod is firmly rooted. The 30-Day Grow-in Program commencement date is established
by the completion of the initial sod installation requirements as stated above.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
13. The Contractor is fully responsible for providing all the necessary all layout and
supervision required for completion of this work.
Final Substantial Compliance: Upon completion of the 30-Day Grow-in Maintenance
Program the Contractor shall coordinate with the Monroe County Project Representative
or Project Manager to conduct a final walkthrough inspection to demonstrate that all the
outstanding punch list items have been addressed or corrected. The Contractor must
provide all the required warranties as outlined in the project contract documents.
Acquire all necessary permits, including any fees as apart of the bid. Contractor shall
supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
ARTICLE 1
The Contract Documents
0
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
CL
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. In the
event of a discrepancy;between the documents,';precedence shall be determined by the order of
the documents as just listed.
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ARTICLE 2
The Work of this Contract CL
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, or
as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor 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.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/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 recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control, without such Party's fault or negligence
and that by its nature could not have been foreseen by such Party or, if it could have been o
foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion,`tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, CL
hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in
the geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f)
action by any governmental authority prohibiting work in the geographic area of the Project;
(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in W
cost or availability of materials, components, or services, market conditions, or supplier actions
or contract disputes will not excuse performance by Contractor under this Section. Contractor
shall give County written notice within seven (7) days of any event or circumstance that is CL
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of
such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance CL
are minimized and resume full performance under this Agreement. The County will not pay
additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek
additional time at no cost to the County as the Owner's Representative may determine. The
Contractor may only seek a no cost Change Order for such reasonable time as the Owner's
Representative may determine.
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
100
Dollars ($ ), 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: N/A
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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 (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the
Contractor, in accordance with the Florida Local Government Prompt Payment Act,
Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit
to the Owner invoices with supporting documentation that are acceptable to the Monroe
County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may
govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use
taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request.
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 five percent (5%). 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.
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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 five percent (5%) will be withheld in accordance with Section 218.735
(8)(a), Florida Statutes.
ARTICLE 6 E
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 and
the work has been accepted by the Owner except for the Contractor's responsibility to correct o
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 CL
approval for payment has been issued by the Director of Project Management. Such final
payment shall be made by the Owner not more than twenty`(20) days after the issuance of the
final approval for payment. The following documents (samples in section 01027, Application for
Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
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(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 common form (i.e. flash drive) 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.
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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).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
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. E
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities,
of the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to, pay under this o
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is
dependent are withdrawn, this Agreement is terminated and the County has no further
obligation under the terms of this Agreement to the Contractor beyond that already
incurred by the termination date.
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, proposal, or reply 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 bids, proposals, or replies 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 thirty-six (36) months from the date of being placed on the convicted vendor
list.
7.6 The following items are included in this contract:
a) a) Maintenance of Records. Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be
retained for a period of ten (10) years from the termination of this Agreement or five
(5) years from the submission of the final expenditure report as per 2 CFR §200.33,
if applicable, whichever is greater. 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 (4) 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
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Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay
the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,
running from the date the monies were paid by the Owner.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any
other supporting evidence deemed necessary by Owner or by the Monroe County
Office of the Clerk of Court and Comptroller (hereinafter referred to as "County E
Clerk") to substantiate charges related to this Agreement, and all other agreements,
sources of information and matters that may in Owner's or the County Clerk's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or o
reproduction by Owner's representative and/or agents of Owner or the County Clerk.
Owner or County Clerk may also conduct verifications such as, but not limited to,
counting employees at the job site, witnessing the distribution of payroll, verifying
payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractors' representatives. All records shall be kept
for ten (10) years after Final Completion of the Project. The County Clerk possesses
the independent authority to conduct an audit of records, assets, and activities
relating to this Project. If an auditor employed by the County or Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes
not authorized,by this Agreement, or were wrongfully retained by the Contractor, the
Contractor shall repay the monies together with interest calculated pursuant to Sec.
55.03, Florida Statutes, running from the date the monies were paid to Contractor.
The Right to Audit provisions survive the termination or expiration of this Agreement.
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.
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
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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
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 duly 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 advice 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 this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
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. This provision does not negate or
waive the provisions of Paragraph j, Article 7.4 or Article 8 concerning termination or
cancellation.
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.
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j) Nondiscrimination/Equal Employment Opportunity. The parties 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. The parties 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 VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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 E
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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patent records;
8) Title VIII of the Civil Rights Act of 1968 ',(42 USC §§ 3601 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 § 1,2101 Note), as may be amended
from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex,, religion, national origin, ancestry,
sexual orientation, gender identity or expression,'familial status or age; and 11) Any
other nondiscrimination provisions in any federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal o
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶C, agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
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2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, E
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish`all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
7. In the event of the Contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
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8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has E
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.
0
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 public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to --
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage,` gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, ,at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without 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.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
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permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
0
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
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If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA E
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(kMONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any 'commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed CL
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
12
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q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, ,or 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 officers, agents, volunteers, or employees outside the
territorial limits of the County.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
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 to the extent of actual and timely performance thereof by any participating
entity, in which case the 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.
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s) 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.
t) 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.
u) 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.
v) 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.
w) Hold Harmless, Indemnification, and Defense. 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, (i) 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
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission 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). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to Fla. Stat., Sec. 725.06. Insofar as the claims, actions, causes
of action, litigation, proceedings, costs or expenses relate to events or circumstances
that occur during the term of this Agreement, this section will survive the expiration of
the term of this Agreement or any earlier termination of this Agreement.
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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 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Emergency Management,
and its officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract. L
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency's sovereign immunity.
x) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
CL
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
CL
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Contractor agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as
set forth below), 'applicable federal and state laws and regulations to ensure that
DBE's have the opportunity to compete and perform contracts. The County and
Contractor and subcontractors shall not discriminate on the basis of race, color,
national origin, or sex in award and performance of contracts, entered pursuant to
this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
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CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement
permits, which encourage participation by small and minority businesses, and
women's business enterprises;
(5) Using the services and assistance, as appropriate, of such E
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to
take the affirmative steps listed in paragraph (1) through (5) of this section.
CL
z) 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 as _
additional insured.
aa) Independent Contractor. At all times and for all purposes under this Agreement, CL
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall 12
be construed so as to find Contractor or any of its employees, subcontractors, CL
servants, or agents to be employees of the Board of County Commissioners of
Monroe County.
bb) E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the
Contractor and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. The Contractor shall comply with
and be subject to the provisions of F.S. 448.095.
cc) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
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oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
For Contractor:
0
For Owner: Director of Proiect Management Assistant_County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida;33040 Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant'Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the
County must place a current prevailing wage determination issued by the Department of
Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a
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part hereof. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes Emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program), the contractors must also comply with the
Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States").
As required by the Act, each contractor or subrecipient is prohibited from inducing, by
any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise entitled. E
The County must report all suspected or reported violations to the Federal awarding
agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA v,
may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
of these contract clauses.
(3) Breach. A breach of the contract clauses above may be
grounds for termination of the contract, and for debarment as a
contractor and subcontractor as provided in 29 C.F.R. § 5.12.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs,
all contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
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7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and
will report violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q..) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and
subgrants of amounts in excess of$150,000.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government-wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive' Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive'Order 12549.
7.8.6 Byrd Anti-Lobbyinq Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000' must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any
other award;covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
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and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal and FEMA Requirements (as applicable)
7.8.8 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONTRACTOR
pursuant thereto.
7.8.9 Access to Records. Contractor/Consultant and their >successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by
DHS; (2) Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may
be necessary, as required by DHS regulations and other applicable laws or
program guidance; and (3) Submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
7.8.10 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction'of flags or likeness of DHS agency
officials without specific FEMA approval.
7.8.11 Changes to Contract. The Contractor understands and agrees that any cost
resulting from a change or modification, change order, or constructive change of
the agreement must be within the scope of any Federal grant or cooperative
agreement that may fund this Project and be reasonable for the completion of the
Project. Any contract change or modification, change order or constructive change
must be approved in writing by both the County and Contractor. °3
7.8.12 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
7.8.13 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe
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County web page: http ://www.mcnrceccunt ®fi.gov/Edam rantaoreement
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service,
the County shall have the right to terminate this Agreement after five (5) calendar days'
written notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate
this Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two
(72) hours' written notice and provide the Contractor with an opportunity to cure the
breach that has occurred. If the breach is not cured, the Agreement will be terminated
for cause. If the County terminates this Agreement with the Contractor, County shall pay
Contractor the sum due the Contractor under this Agreement prior to termination, unless
the cost of completion to the County exceeds the funds remaining in the contract;
however, the County reserves the right to assert and seek an offset for damages caused
by the breach. The maximum amount due to Contractor shall not in any event exceed
the spending cap in this Agreement. In addition, the County reserves all rights available
to recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the County's False
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days' written notice to Contractor. If the
County terminates this Agreement with the Contractor, County shall pay Contractor the E
sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract. The maximum
amount due to Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement after
it has given the Contractor/Consultant written notice and an opportunity to demonstrate
the agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
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8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),
Florida Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
CD
Agreement, are enumerated as follows:
a) None
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals. --
9.1.4 The Addenda, if any, are as follows:
CL
Number Date Page
12
CL
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1)original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
_SIGNATURE PAGE TO FOLLOW
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name:
0
Print Name: Title:
Date: Date:
and
Signature: W
Print Name:
Date:
0
STATE OF COUNTY OF
On this day of 20_, before me, the undersigned notary public,
by means of❑ physical presence or ❑ online, personally appeared
known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for Harry Harris Park Baseball Field Sod Replacement
for the purposes therein contained.
Notary Public
Print Name
My commission expires: (Seal)
End of Section 00500
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GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information -(RF1)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment''
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning °3
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
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Section 00750
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1. General Provisions
2. Owner
0
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
CL
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the Contract
CL
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SECTION 00750
GENERAL CONDITIONS OF THE CONTRACT
1.0 GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, addenda issued prior to execution of
the Contract, Owners proposal documents, other documents listed in the Agreement and
Modifications issued after execution of the Contract, and the Contractor's proposal and
supporting documentation. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a
written order for a minor change in the Work issued by Project Management. E
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.
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1.2 Execution, Correlation and Intent
1.2.1 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.
1.2.2 The intent of the Contract Documents 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.
1.2.3 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.
1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known o
technical or construction industry meanings are used in the Contract Documents in
accordance with such recognized meanings.
1.2.5 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 CL
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 CL
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
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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
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.
2.0 OWNER
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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 0.
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.
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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
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 o
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
CL
Contractor a second written notice to correct such deficiencies within a three-day period.
If the Contractor within such second three-day period after receipt of such second notice
fails to commence and continue to correct any deficiencies, the Owner may, without
prejudice to other remedies the Owner may have, correct such deficiencies. In such
case an appropriate Change Order shall be issued deducting from payments then or W
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 CL
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 CL
minimum of twenty-four (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 any 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.
3.1.2 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
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3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to 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.
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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 W
construction means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Contract, subject to overall coordination
of Project Management as provided in Subparagraphs 4.6.3 and 4.6.5. CL
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 CL
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
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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 a,
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. o
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 0.
from defects not inherent in the quality required or permitted, and that the Work will
conform with the requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved and authorized, may
be considered defective. The Contractor's warranty excludes remedy for damage or
defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear under normal
usage. If required by 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
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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.
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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
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The superintendent shall be satisfactory to
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 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.
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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.
3.10.3 The Contractor shall conform to the most recent schedules.
3.10.4 Project Management will schedule and conduct a project meeting at a minimum of one
(1) 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 (1) 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. o
3.12 Shop Drawings, Product Data and SamplesCL
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. CL
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged. CL
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.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective
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submittal has been approved by Project Management. Such Work shall be in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified
materials, field measurements and field construction criteria related thereto, or will do so,
and has checked and coordinated the information contained within such submittals with
the requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by 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 o
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 W
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.
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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/her
consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his/her materials and equipment and the execution of his/her 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 o
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of
the Work, the Contractor shall remove from and about the project waste materials
rubbish, the Contractor's tools, construction equipment, machinery and surplus
materials. Clean up shall be performed to the satisfaction of the Owner or Project
Management. W
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.
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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
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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, (B) the negligence or recklessness, intentional wrongful misconduct, errors
or other wrongful act or omission 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). The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence
pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this o
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 W
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.
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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 o
provision of the Contract.
CL
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.
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 CL
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 0.
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
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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 Contractors
into a Project Application for Payment. After reviewing and certifying the amounts due o
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, 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 4.6.17 through 4.6.19 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.
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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.
0
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 7.3.
4.6.15 The Contractor will assist Project Management in conducting inspections to determine W
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.
4.6.16 Project Management will provide one (1) or more project representatives to assist in
carrying out his/her responsibilities at the site. The duties, responsibilities and limitations
of authority of such project representatives shall be as set forth in an exhibit to be
incorporated in the Contract Documents.
4.6.17 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 shall
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 fifteen
(15) days after written request is made for them.
4.6.18 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
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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.
4.6.19 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 fifteen (15) days
of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. o
4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21)
CL
days after occurrence of the event giving rise to such Claim or within twenty-one (21)
days after the claimant first recognizes the condition giving rise to the Claim, whichever
is later. Claims must be made by written notice submitted to the designated
representative. An additional Claim made after the initial Claim has been implemented
by Change Order will not be considered unless submitted in writing to the Owner's W
representative in a timely manner.
4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the CL
preceding provisions shall be deemed conclusively to have been waived and shall be
dismissed at the option of the Owner. The claim shall set forth in detail all known facts
and circumstances supporting the claim; final costs associated with any claim upon CL
which notice has been filed must be submitted in writing to the Owner with thirty (30)
calendar days after notice has been received. In the event the Contractor seeks to
make a claim for an increase in the contract price, as a condition precedent to any
liability of the Owner therefore, unless emergency conditions exist, the Contractor shall
strictly comply with the requirements of this Section and such claim shall be made by the
Contractor before proceeding to execute any work for which a claim is made. Failure to
comply with this condition precedent shall constitute a waiver by the Contractor of any
claim for additional compensation.
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:
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1 liens, Claims, security interests or encumbrances arising out of the Contract
and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract Documents or (2) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then notice by the observing party shall be
given to the other party promptly before conditions are disturbed and in no event later
than ten (10) 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.
4.7.6.1 As a condition precedent to the Owner having any liability to the Contractor due to 0
concealed and unknown conditions, the Contractor must give the Owner and Owner
Engineer written notice of, and an opportunity to observe, such condition prior to
disturbing it. The failure by the Contractor to give the written notice and make the claim
as provided by the provisions herein shall constitute a waiver by the Contractor of any
rights arising out of or relating to such concealed and unknown condition.
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 CL
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) CL
termination of the Contract by the Owner, (5) Owner's suspension or (6) other
reasonable grounds, a Claim shall be filed in accordance with the procedure established
herein. In a claim by the Contractor against the Owner for compensation in excess of the 0
Contract Sum, any liability of the Owner to the Contractor shall be strictly limited and 0
computed in accordance with the contract documents and shall in no event include
indirect costs or consequential damages of the Contractor or any estimated costs or
damages.
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.
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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 twenty-one (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 AND SUB-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.
0
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if singular in number and means a
Sub-subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Project Management for review by the Owner and Project Management the names of CL
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 CL
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.
5.2.3 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.
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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
0
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
CL
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the
Owner accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
CL
I. If the work has been suspended for more than thirty (30) days, the
Subcontractor's compensation shall be equitably adjusted.
CL
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.
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6.1.3 It shall be the responsibility of the Contractor to coordinate his/her work with the work of
other contractors on the site. The Owner and Project Management shall be held
harmless for any and all costs and time increases 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 0
receive the Contractor's Work, except as to defects not then reasonably discoverable.
CL
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. CL
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 CL
contractors have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and 0
patching as are described for the Contractor in Paragraph 3.14. 0
6.2.7 Should the Contractor contend that he/she is entitled to an extension of time for
completion of any portion or portions of the work, he/she shall, within seventy-two (72)
hours of the occurrence of the cause of the delay, notify Project Management in writing,
of his/her 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 seventy-two
(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
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each instance and, if the Contractor fails to comply, he/she 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/she 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/her 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. o
7.0 CHANGES IN THE WORK
CL
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a W
minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere
in the Contract Documents.
CL
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 CL
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
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:
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.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;
0
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be LN
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
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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 a net cost to Owner
as defined in section 5.6.1 of the Contract. Items considered as overhead shall include
insurance other than that mentioned above, bond or bonds, superintendent, timekeeper,
clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs,
warranties, and all general home/field office expenses. The actual cost of Changes in
the Work (other than those covered by unit prices set forth in the Contract Documents)
shall be computed as follows:
.1 If the Contractor performs the actual Work, the maximum percentage mark-
up for overhead shall be five percent (5%) and the maximum percentage for
profit shall be five percent (5%);
.2 If the Subcontractor performs the actual Work, the subcontractor's
percentage mark-up for overhead and profit shall be a maximum addition of
ten percent (10%). If the Contractor does not perform the Work, the maximum
mark-up for managing the Work will be five percent (5%);
.3 If the Subcontractor performs part of the actual Work, his/her percentage
mark-up for overhead and profit shall be a maximum addition of ten percent o
(10%) on his/her direct Work only. If the Contractor performs part of the
actual Work, his/her 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 W
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/her by Project Management,
by drawings or otherwise, involve extra Work not covered by the Contract, he/she 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
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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.
7.2.8 One or more changes to the Work within the general scope of this Contract, may be
ordered by Change Order. The Owner may also issue written directions for changes in
the Work and may issue Construction Change Directives, as set forth below. The
Contractor shall proceed with any such changes or Construction Change Directives
without delay and in a diligent manner, and same shall be accomplished in strict
accordance with the terms and conditions otherwise provided for in the Contract.
7.2.9 The execution of a Change Order by the Contractor shall constitute conclusive evidence
of the Contractor's agreement to the ordered changes in the work, this Contract as thus
amended, the Contract Price and the time for performance by the Contractor. The
Contractor, by executing the Change Order, waives and forever releases any claim
against the Owner for additional time or compensation for matters relating to, arising out
of or resulting from the Work included within or affected by the executed Change Order
of which the Contractor knew or should have known.
7.3 Authority o
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
8.1 Definitions CL
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
CL
8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed
per this 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
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8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement, the Contractor confirms that the Contract Time is a
reasonable period for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective
date of insurance required by Article 11 to be furnished by the Contractor. The date of
commencement of the Work shall not be changed by the effective date of such
insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Architect/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 o
beyond the Contractor's control, or by delay authorized by the Owner, Project
Management, or by any other cause which Project Management determines may justifyCL
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 W
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 CL
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 CL
time based upon that cause shall be waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his/her 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
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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 (15) 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 o
Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere
in the Contract Documents.
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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. CL
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 CL
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. Each
application for payment of materials stored onsite shall not exceed the amount of the
certified vendor invoice(s) for said materials, less retainage per Sec. 00500, 5.6.1-5.8
and F.S. 218.735 (8)(a).
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,
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material suppliers, or other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work. All Subcontractors and
Sub-subcontractors shall execute an agreement stating that title will so pass, upon their
receipt of payment from the Contractor. The warranties are for the administrative
convenience of the Owner only and do not create an obligation on the part of the Owner
to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 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.
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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
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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 knowledge, 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, W
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 CL
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 CL
inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 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 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
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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 o
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 W
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.
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9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments
have been made or the restoration for any damaged material, or as a waiver of the right
of the Owner or 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 o
Subcontractor. The Contractor shall, by an appropriate agreement with each
Subcontractor, also require each Subcontractor to make payments to his/her 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 W
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
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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.
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 o
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 W
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.
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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
thirty ( 30) days' prior written notice has been given to the Owner, (3) a written statement
that the Contractor knows of no substantial reason that the insurance will not be
renewable to cover the period required by the Contract Documents, (4) consent of
surety, if any, to final payment and (5), if required by the Owner, other data establishing
payment or satisfaction of obligations, such as receipts, releases and waivers of liens,
claims, security interests or encumbrances arising out of the Contract. The following
documents (samples included in Section 01027, Application for Payment) 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. o
(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 common electronic form (i.e. flash drive) 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.
0
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).
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
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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.
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 0
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
CL
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).
CL
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 CL
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. 0
0
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.
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10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site, under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or o
property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified
personnel.
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10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in 0.
Clauses 10.2.1.2, 10.2.1.3, and 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.
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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, Project Safety and Health Plan, 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 00130, Insurance Requirements and Forms
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 o
alternative, the Contractor may require all subcontractors to obtain insurance consistent
with the attached schedules.
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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 W
satisfactory evidence of the required insurance shall not extend deadlines specified in
this Agreement and any penalties and failure to perform assessments shall be imposed
as if the Work commenced on the specified date and time, except for the Contractor's CL
failure to provide satisfactory evidence of insurance.
0
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this CL
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 complete copy of the actual insurance policy with all endorsements,
amendments, exclusions and notices of changes to the policy, at the County's discretion.
11.1.5 The County, at its sole option, has the right at any time to request and obtain a certified
complete copy of any or all insurance policies required by this Contract.
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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 Monroe County Board of County Commissioners 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 a,
Requirements" and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance: See Section 00130, Insurance Requirements and Forms, for
the minimum requirements. o
11.3 Public Construction Bond
11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing
business in the State of Florida. The Owner shall require the Contractor to furnish a
certified copy of the recorded Public Construction Bond in the form provided by the
Owner in this section as a guarantee for the faithful performance of the Contract W
(including guarantee and maintenance provisions) and the payment of all obligations
arising thereunder. The Public Construction Bond shall be in an amount at least equal to
the contract price. This contract is subject to the provisions of Section 255.05, Florida
Statutes, which are incorporated herein. If change orders render the contract more than
ten (10%) percent higher than the bond amount, the Contractor shall increase the bond
amount to cover the entire difference.
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 Project Management, be uncovered for their observation and be replaced at
the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which 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
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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 (1) 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 (1) year shall
be extended with respect to portions of Work first performed after Substantial o
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 W
by the Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the CL
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 CL
salvageable materials or equipment at the Contractor's expense. If the Contractor does
not pay costs of such removal and storage within ten (10) days after written notice, the
Owner may upon ten (10) 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 Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
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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 (1) 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
0
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 W
himself/herself, his/her 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.
0
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 Not used.
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
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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.
13.5.2 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. o
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
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
14.0 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled
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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, seventy-two (72)
hours written notice, terminate employment of the Contractor and may, subject to any
prior rights of the surety: o
.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 W
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.
CL
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.
End of Section 00750
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SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
A. REGULATIONS AND POLICIES
Every Contractor and Subcontractor employed on the Project shall comply with all applicable
local, State, and Federal safety and health regulations and with Monroe County safety and
health policies as described herein.
The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts
1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.
Requests for variances or waiver from this supplement are to be made to the Contracting Officer
in writing supported by evidence that every reasonable effort has been made to comply with the
contractual requirements. A written request for a waiver or a variance shall include-- E
(1) Specific reference to the provision or standard in question;
(2) An explanation as to why the waiver is considered justified; and
(3) The Contractor's proposed alternative, including technical drawings, materials, or
equipment specifications needed to enable the Contracting Officer to render a
decision.
No waiver or variance will be approved if it endangers any person. The Contractor shall not
proceed under any requested revision of provision until the Contracting Officer has given written
approval. The Contractor is to hold and save harmless Monroe county Florida free from any ~�
claims or causes of action whatsoever resulting from the Contractor or subcontractors
proceeding under a waiver or approved variance.
Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations,
may be obtained from:
U.S. Government Printing Office Bookstore
710 North Capitol Street N.W.
Washington, DC 20401
htt ://www. o.gov/about/bookstore.htm
B. GENERAL CONTRACTOR REQUIREMENTS
1.0 SAFETY PROGRAM
Each Contractor and sub-contractor is to demonstrate that he or she has facilities for
conducting a safety program commensurate with the work under contract. The
Contractor is to submit in writing a proposed comprehensive site specific safety
program for approval to the Contracting Officer for Monroe County before the start of
construction operations. The program is to specifically state what provisions the
Contractor proposes to take for the health and safety of all employees, including
subcontractors and rental equipment operators. The program shall be site specific
and provide details relevant to the work to be done, the hazards associated with the
work, and the actions that will be necessary to minimize the identified hazards.
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The Safety Program will also be required to provide emergency contact person,
emergency planning and a personnel evacuation plan for any hurricane evacuation
event.
1.1 PRECONSTRUCTION SAFETY MEETING
Representatives for the Contractor are to meet with the Contracting Officer (CO) or the
CO's representative before the start of construction to discuss the safety program and
the implementation of all health and safety standards pertinent to the work under this
contract.
1.2 JOINT SAFETY POLICY COMMITTEE
The Contractor or designated on-site representative is to participate in monthly meetings
of a joint Safety Policy Committee with Monroe County Project Management and a,
Contractor supervisory personnel. At these meetings the Contractor's project manager
and the Contracting Officer will review the effectiveness of the Contractor's safety effort,
resolve current health and safety problems, and coordinate safety activities for upcoming
work. o
1.3 SAFETY PERSONNEL
Each Contractor is to designate a competent supervisory employee satisfactory to the
Contracting Officer to administer the safety program. The Mandatory Safety and Health
Rules shall be posted in a conspicuous location along with the OSHA and Emergency
Phone Number posters. W
1.4 SAFETY MEETINGS
A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted each
week by all field supervisors or foremen and attended by mechanics and all construction
personnel at the jobsite.
The Contractor is to also conduct regularly scheduled supervisory safety meetings at
least monthly for all levels of job supervision.
Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees
as to the safety and health requirements of this project and to enforce adherence to safe
work procedures.
Each Contractor and Subcontractor shall cooperate fully with all other contractors in their
respective safety and health programs.
1.5 SAFETY INSPECTION
The Contractor shall perform frequent and regular safety inspections of the jobsite,
materials, and equipment, and shall correct deficiencies.
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Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be
removed daily or placed in appropriate waste containers. All materials, tools, and
equipment shall be stored in a safe and orderly fashion. Each contractor shall donate
(10%) ten percent of their staff to a crew that will convene every Friday at 1:00 pm for a
joint site clean-up effort not to exceed duration of three (3) hours.
In summary, there will be a three-part clean-up plan.
1. The first part consists of the Contractor cleaning up on a daily basis, his
workstations, and his/her trade work.
2. The second part consists of the general clean-up, the concerted effort by all trade
contractors working on the project. A minimum of one (1) crew is to be utilized
by each contractor, or ten (10%) percent, whichever is more.
3. The third part consists of the Owner cleaning up for a particular trade contractor
should adequate notice not compel him to clean up his/her work. In this case,
the appropriate contractors will be back charged.
Shortly after the award of the contract and prior to the beginning of work, an Activity o
Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to
Monroe County for approval. The analysis will address the hazards for each activity to
be performed in that phase and will present the procedures and safeguards necessary to
eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an
operation involving a type of work presenting hazards not experienced in previous
operations or where a new subcontractor or work crew is to perform work. The analysis
will be discussed by the Contractor and Monroe County on-site representatives at the W
Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity
Hazard Analysis (phase plan) has been accepted by Monroe County.
If Monroe County notifies any Contractor of any noncompliance with the provisions of
this program, the Contractor shall make all reasonable efforts to immediately correct the
unsafe conditions or acts. Satisfactory corrective action shall be taken within the 0.
specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy
conditions or acts, Monroe County shall take one or more of the following steps:
a. Cease the operation or a portion thereof.
b. Stop payment for the work being performed.
C. Correct the situation using other forces and back charge the Contractor
expenses incurred.
d. Increase withholding in proportional increments for that given pay period.
1.6 FIRST AID TRAINING
Every Contractor foreman's work crew must include an employee who has a current first
aid certificate from the, American Red Cross, or other Monroe County approved
organization.
1.7 REPORTS
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Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or
disabling injuries. The records shall be maintained in a manner approved by the
Contracting Officer. A copy of all reports is to be provided to the Contracting Officer.
All fatal or serious injuries are to be reported immediately to the Contracting Officer, and
every assistance is to be given in the investigation of the incident, including submission
of a comprehensive narrative report to the Contracting Officer. Other occurrences with
serious accident potential, such as equipment failures, slides, and cave-ins, must also
be reported immediately.
The Contractor is to assist and cooperate fully with the Contracting Officer in conducting
accident investigations. The Contracting Officer is to be furnished all information and
data pertinent to investigation of an accident.
1.8 CERTIFICATION OF INSURANCE
Contractors are to provide the Contracting Officer or his or her authorized representative
p 9 p
with certificates of insurance before the start of operations indicating full compliance with
State Worker's Compensation statutes, as well as other certificates of insurance required
under the contract.
0
2.0 FIRST AID AND MEDICAL FACILITIES
2.1 FIRST AID KITS
A 16-unit first aid kit approved by the American Red Cross is to be provided at
accessible, well-identified, locations at the ratio of at least one (1) kit for each twenty-five
(25) employees. The first aid kits are to be moisture proof and dust tight, and the ~�
contents of the kits are to be replenished as used or as they become ineffective or
outdated.
2.2 EMERGENCY FIRST AID
At least one (1) employee certified to administer emergency first aid must be available
on each shift and duly designated by the Contractor to care for injured employees. The
names of the certified employees shall be posted at the jobsite.
2.3 COMMUNICATION AND TRANSPORTATION
Prior to the start of work, the Contractor is to make necessary arrangements for prompt
and dependable communications, transportation, and medical care for injured
employees.
2.4 FIRST AID AND MEDICAL REPORTS
The Contractor is to maintain a record system for first aid and medical treatment on the
jobsite. Such records are to be readily available to the Contracting Officer and are to
include:
(a) A daily treatment log listing chronologically all persons treated for
occupational injuries and illnesses;
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(b) Cumulative record of injury for each individual;
(c) Monthly statistical records of occupational injuries, classified by type and
nature of injury; and
(d) Required records for worker's compensation.
2.5 SIGNS AND DIRECTIONAL MARKINGS
Adequate identification and directional markers are to be provided to readily denote the
location of all first aid stations.
2.6 EMERGENCY LISTING
A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police,
and fire departments is to be provided at all first aid locations.
3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES
3.1 GENERAL REQUIREMENTS
0
Persons employed throughout the contract are to be physically qualified to perform their
assigned duties. Employees must not knowingly be permitted or required to work while
their ability or alertness is impaired by fatigue, illness, or any other reason that may
jeopardize themselves or others.
No personal radios or stereos will be allowed on the job-site.
3.2 HOIST OPERATORS
Operators of cranes, cableways, and other hoisting equipment shall be examined CL
annually by a physician and provided with a certification stating that they are physically
qualified to safely operate hoisting equipment. The Contractor is to submit a copy of
each certification to the Contracting Officer.
3.3 HEAVY EQUIPMENT OPERATORS
It is recommended that operators of trucks and heavy construction equipment be given
physical examinations to determine if they are physically qualified to perform their
assigned work without endangering themselves or others.
3.4 MOTOR VEHICLE OPERATORS
Operators of motor vehicles engaged primarily in the transportation of personnel are to
be (18) eighteen years of age or older and have a valid state operator's permit or license
for the equipment being operated. The operators must have passed a physical
examination administered by a licensed physician within the past year showing that they
are physically qualified to operate vehicles safely.
4.0 PERSONAL PROTECTIVE EQUIPMENT
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4.1 HARDHAT AREAS
The entire jobsite, with the exception of offices, shall be considered a hardhat area. All
persons entering the area are, without exception, required to wear hardhats. The
Contractor shall provide hardhats for visitors entering hardhat areas.
4.1.1 LABELS
Hardhats shall bear a manufacturer's label indicating design compliance with the
appropriate ANSI (American National Standards Institute) standard.
4.2 POSTING
Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and
white background shall be erected at access points to designated hardhat areas:
CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT
These signs are to be furnished and installed by the Contractor at entries to shops,
construction yards, and job access points. o
4.3 SAFETY GOGGLES (DRILLERS)
4.3.1 DRILLERS AND HELPERS
Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective
safety goggles. W
5.0 MACHINERY AND MECHANIZED EQUIPMENT
5.1 SAFE CONDITION
0
Before any machinery or mechanized equipment is initially used on the job, it must be 0.
inspected and tested by qualified personnel and determined to be in safe operating
condition and appropriate for the intended use. Operators shall inspect their equipment
prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to
using the equipment. Safety equipment, such as seatbelts, installed on machinery is to
be used by equipment operators.
5.2 TAGGING AND LOCKING
The controls of power-driven equipment under repair are to be locked. An effective
lockout and tagging procedure is to be established, prescribing specific responsibilities
and safety procedures to be followed by the person or persons performing repair work.
Mixer barrels are to be securely locked out before permitting employees to enter them
for cleaning or repair.
5.3 HAUL ROADS FOR EQUIPMENT
5.3.1 ROAD MAINTENANCE
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The Contractor shall maintain all roadways, including haul roads and access roads, in a
safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a
hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to
control the dust.
5.3.2 SINGLE-LANE HAUL ROADS
Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts
are not practical, a traffic control system shall be provided to prevent accidents.
5.3.3 TWO-WAY HAUL ROADS
On two-way haul roads, arrangements are to be such that vehicles travel on the right
side wherever possible. Signs and traffic control devices are to be employed to indicate
clearly any variations from a right-hand traffic pattern. The road shall be wide enough to
permit safe passage of opposing traffic, considering the type of hauling equipment used.
5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS
Haul road design criteria and drawings, if requested by the Contracting Officer, are to be o
submitted for approval prior to road construction. Sustained grades shall not exceed
twelve percent (12%) and all curves shall have open-sight line with as great a radius as
practical. All roads shall be posted with curve signs and maximum speed limits that will
permit the equipment to be stopped within one-half the minimum sight distance.
5.3.5 OPERATORS
Machinery and mechanized equipment shall be operated only by authorized qualified
persons.
5.3.6 RIDING ON EQUIPMENT
0
Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts
shall be provided for the operator and all passengers.
5.3.7 GETTING ON OR OFF EQUIPMENT
Getting on or off equipment while the equipment is in motion is prohibited.
5.3.8 HOURS OF OPERATION
Except in emergencies, an equipment operator shall not operate any mobile or hoisting
equipment for more than (12) twelve hours without an 8-hour rest interval away from the
job.
5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER
CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS,
AND HOISTS)
5.4.1 PERFORMANCE TEST
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Before initial onsite operation, at 12-month intervals, and after major repairs or
modification, power cranes, derricks, cableways, and hoists must satisfactorily complete
a performance test to demonstrate the equipment's ability to safely handle and
maneuver the rated loads. The tests shall be conducted in the presence of a
representative of the Contracting Officer. Test data shall be recorded and a copy
furnished to the Contracting Officer.
5.4.2 PERFORMANCE TEST—POWER CRANES (Crawler mounted, truck mounted and
wheel mounted)
The performance test is to be carried out as per ANSI requirements. The test is to
consist of raising, lowering, and braking the load and rotating the test load through 3600
degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip
extensions are to be tested using both the main boom and the jib, with an appropriate
test load in each case. a,
5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES,
CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES
0
This equipment is to be performance tested as per ANSI requirements.
5.4.4 BOOM ANGLE INDICATOR
Power cranes (includes draglines) with booms capable of moving in the vertical plane
shall be provided with a boom angle indicator in good working order.
5.4.5 CRANE TEST CERTIFICATION ,
The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the
Contracting Officer a copy of a certificate of inspection made within the past (12) twelve
months by a qualified person or by a government or private agency satisfactory to the
Contracting Officer.
5.4.6 POSTING FOR HIGH VOLTAGE LINES
A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N,
shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps,
backhoes, and related equipment.
5.4.7 BOOM STOPS
Cranes or derricks with cable-supported booms, except draglines, shall have a device
attached between the gantry of the A-frame and the boom chords to limit the elevation of
the boom. The device shall control the vertical motions of the boom with increasing
resistance from 830 or less, until completely stopping the boom at not over 870 above
horizontal.
5.4.8 SAFETY HOOKS
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Hooks used in hoisting personnel or hoisting loads over construction personnel or in the
immediate vicinity of construction personnel shall be forged steel equipped with safety
keepers. When shackles are used under these conditions, they shall be of the locking
type or have the pin secured to prohibit turning.
5.5.1 ROLLOVER PROTECTIVE STRUCTURES
OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable
regardless of the year in which the equipment was manufactured and regardless of the
struck capacity of the equipment.
5.5.2 EQUIPMENT REQUIRING ROPS
The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired
tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes,
and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including
scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding
trucks with cabs). These requirements shall also apply to agricultural and industrial
tractors and similar equipment.
0
5.5.3 EQUIPMENT REQUIRING SEATBELTS
The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles,
Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to
self-propelled compactors and rollers, and rubber-tired skid-steer equipment.
5.6 LIFT PLAN
A Crane Lift or Concrete Boom Truck Plan is required for any crane lift on a Monroe
County project.
Lifts exceeding (75%) seventy-five percent of the cranes stability / structural capacity
chart, requiring movement of a crane carriage with the load, personnel platforms,
sensitive loads (long lead time, cost), loads requiring two (or more) hooks, work over
occupied facilities, or work involving encroachment on public rights of way are
considered critical. These lifts must be authorized in advance.
Critical crane lift plans, if authorized, may have to be reviewed by a professional
engineer (PE) (the contractor shall budget the PE review within project budget).
Additionally, a critical lift JHA shall be submitted with the Crane Lift Plan.
Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to
mobilization —five (5) days for critical and helicopter lifts.
Crane Lift Plans must be based on "worst case" combination of load weight with chart
deductions and lift radius for a specific crane configuration in a specific location. The
Crane Lift Plan may be valid for more than one (1) day, as long as the configuration,
location, maximum expected load, and maximum expected radius does not change. Use
multiple lift plans for multiple locations.
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The Crane Lift Plan must be COMPLETE along with attachments — see Section 5 for the
required Attachments.
All rigging devices MUST bear the name of the manufacturer and be certified as to their
capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.), may be
acceptable with proper PE stamp or proof testing as required by applicable standards.
Capacities shall be marked and legible on all such devices.
Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions
(moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe
County prior to hoisting. Changes affecting crane configuration and / or location may
require the Crane Lift Plan to be amended.
The Contractor is responsible to visit the site prior to the lift date to review documentary
information pertaining to the site, which is maintained by Monroe County.
The Contractor is responsible (determining adequacy, supplying and installing) for all
supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift.
The Contractor is responsible to obtain all information that is necessary to develop a o
power line safety plan.
The Contractor is responsible to train all personnel involved in the Assembly /
Disassembly and or Crane Lift.
The Contractor must provide the following information along with the Crane Lift Plan:
• Competent / Qualified Person Designation Forms for A/D Director, Operator,
Rigger, and Signal Person
• Load Chart (complete with notes)
• Range Chart
• Dimension Illustration and Specifications for Crane
• Lightning and Wind Restrictions (from operator's manual)
• Area (Quadrant) of Operation Diagram
• Operators License, Operators Training Information, USDOT Medical Certification,
OSHA 10/30 Hour Course Completion Cards, as may be required by the project
• Jurisdictional Registration, if required
• JHA for Assembly / Disassembly of Crane, Severe Weather, Truck Load /
Unload, Etc.
• JHA for Power Line Encroachment
• Third Party Inspection Certification and Report — see Crane Lift Plan for
requirements (Note: The inspector shall be certified with the CCAA)
• Weights of Materials
• Rigging Plan
• Logistics Plan
The Contractor shall comply with the Site Specific Safety Plan.
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The Contractor / Crane Company / Rigging Company is responsible for the accuracy of
plan and inspections. This planning process has been established to help ensure proper
coordination between Contractor, subcontractors, and Monroe County.
No warranty or certification of the suitability of this plan is accepted by Monroe County. It
is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure
that they and their employees are qualified, competent, properly equipped and properly
trained to perform the activities outlined in this plan.
6.0 LADDERS AND SCAFFOLDING
6.1 LADDERS
OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only
when use of small hand tools or handling of light material is involved. No work requiring
lifting of heavy materials or substantial exertion shall be done from ladders.
6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451
Scaffolds, platforms, or temporary floors shall be provided for all work except that which
can be done safely from the ground or similar footing. o
6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104
Lifelines, safety belts and lanyards independently attached or attended, shall be used
when performing such work as the following when the requirements of 6.1 or 6.2 above
cannot be met.
(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.
(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety
nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or
other unguarded locations at elevations greater than (6) six feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage
1. does not block the opening to within one (1) foot of the sides of
the shaft, unless cages are provided.
7.0 FIRE PROTECTION
7.1 Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices to prevent fire. It shall be the responsibility of the Contractor to
insure that general fire protection facilities are adequate for his work and to provide
additional fire protection facilities and devices, including fire extinguishers as required by
their scope of work.
8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
8.1 It shall be the Contractor's sole and exclusive responsibility:
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(a) To provide personnel capable of working adjacent to energized electrical
lines
or other utilities.
(b) To provide adequate, safe, and properly maintained equipment.
(c) To conduct all of his work in accordance with the safety rules and regulations
prescribed by the National Electric Code, National Electric Safety Code, H30,
and Safety Rules for Installation and Maintenance of Electrical Supply and
Communication Lines Hand Book 81, Occupational Safety and Health Act of
1970, as well as other safety codes in effect at the site of construction and as
specified elsewhere herein, or as are generally applicable to the type of work
being performed.
(d) To continuously supervise and inspect the work being performed, to assure
that the requirements of(a), (b), and (c) above are complied with, and nothing
in these Contract Documents shall be held to mean that any such
responsibility is the obligation of the Owner or the Architect or Project
Management.
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9.0 BARRICADES, WARNING DEVICES AND LIGHTING
9.1 The Contractor shall be solely responsible for providing temporary ladders, guard rails,
warning signs, barricades, night guard lights, and deck or floor closures required in
connection with his/her work to comply with Federal, State, and local safety
requirements. The Contractor shall be solely and exclusively responsible for the design,
construction, inspection, and maintenance of such facilities at all times. W
9.2 It shall be the responsibility of the Contractor to provide additional temporary lighting, if
needed to maintain safe conditions.
9.3 It shall be the sole and exclusive responsibility of the Contractor to provide a safe place
to work for all laborers and mechanics and other persons employed on or in connection
with the project, and nothing in these Contract Documents shall be construed to give any
of such responsibility to the Owner, the Architect, or Project Management.
9.4 The Contractor shall provide a security fence around the area of the Work so as to
prevent entry into the Work area by unauthorized personnel and the general public. The
fence shall have fence post bases that eliminate the need to penetrate the ground for
support.
10.0 HAZARDOUS MATERIALS
10.1 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to
the Owner 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
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asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by
written agreement of the Owner and Contractor.
10.2 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.3 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
10.4 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 o
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.
11.0 SAFETY OF PERSONS AND PROPERTY ,
11.1 The Contractor shall take reasonable precautions for safety of, and shall provide CL
reasonable protection to prevent damage, injury or loss to:
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.1 Employees on the Work and other persons who maybe affected thereby; CL
.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.
11.2 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.
11.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
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posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
11.4 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.
11.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses11.1.1-11.1.4 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 11.1.1-11.1.4, 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.
11.6 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 0
the Owner or Project Management.
11.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
12.0 EMERGENCIES
12.1 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.
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End of Section 00970
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SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
1.0 RELATED DOCUMENTS
A. Drawings and General Requirements of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply to
this Section.
1.1 SUMMARY
A. This Section includes administrative and procedural requirements for quality
control services. E
B. Quality control services include inspections, tests, and related actions, including
reports performed by Contractor, by independent agencies, and by governing
authorities. They do not include contract enforcement activities performed by
Architect.
C. Inspection and testing services are required to verify compliance with
requirements specified or indicated. These services do not relieve Contractor of
responsibility for compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products. .�
1. Specific quality control requirements for individual construction activities
are specified in the Sections that specify those activities. Requirements
in those Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide quality control services required
by Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E. Related Sections: The following Sections contain requirements that are related
to this Section:
1. Division 1 Section "Cutting and Patching" specifies requirements for
repair and restoration of construction disturbed by inspection and testing
activities.
2. Division 1 Section "Submittals: specifies requirements for development of
a schedule of required tests and inspections.
F. The intention of this plan is to create a system of checks and balances that will
minimize delays caused by rework and a lack of planning and maximize
production and insure that the finished product is one that the entire construction
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team can pride themselves in. These goals can be achieved by giving the Owner
exactly what he has bought. The Owner will expect no more and through Quality
Assurance, the construction team will provide no less.
1.2 PROJECT MANAGEMENT'S DUTIES AND RESPONSIBILITIES
A. The Project Management Representative will monitor all work performed by the
Contractor and assist the Contractor with his/her conformance of the work to the
Contract Drawings and Specifications.
1.3 CONTRACTOR'S DUTIES AND RESPONSIBILITIES
A. The Contractor is responsible for the quality of the work performed by his/her
work force on this project as well as the quality of the material, equipment, and
supplies furnished by him/her to be incorporated into the work.
B. The Contractor will provide a Quality Control Plan for approval and designate a
Quality Control Representative who will be on site at all times while the
respective Contractor's work is in progress and will have the authority and o
responsibility to accept or reject items of work. The Contractor's Quality Control
Representative may delegate his/her duties but the primary responsibility and
authority will rest on him/her.
C. The Contractor's Quality Control Representative will coordinate the submittal of
all shop drawings, product data and samples to Project Management. Any
submittal that is at variance to the contract requirements must be identified as W
such and transmitted to Project Management for submittal and approval by the
Owner. No work requiring submittal of a shop drawing, product data or sample
shall commence until the submittal has been reviewed and approved by Project
Management.
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D. The Contractor will bear the responsibility of scheduling all required testing and 0.
inspections by the designated material-testing laboratory, in a timely fashion, to
prevent needless cancellations and delays of work activities. Any costs caused
by untimely notification shall be borne by the Contractor.
E. The Contractor's Quality Control Representative will review his/her drawings,
procurement documents and contracts to insure that the technical information
provided and all work performed is in accordance with the latest revisions of the
Contract Drawings and Specifications.
F. The Contractor's Quality Control Representative will perform an inspection upon
receipt at the site of the work of all materials, equipment and supplies including
those furnished to him/her by the Owner. Notes from this inspection will be filled
out on the appropriate form and included with the Contractor Daily Quality
Control Report. Items which are damaged or not in conformance with the
respective submittals, quality standards, contract drawings, and specifications
shall be brought to the attention of Monroe County representative on site and
then will be identified and segregated from accepted items. Items thus identified
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will not be incorporated into the work until corrective action acceptable to Project
Management is completed. Items determined unsalvageable will be removed
from the job site. These items shall be noted as deficient in the applicable
section of the Contractor Daily Quality Control Report.
G. The Contractor's Quality Control Representative shall be required to attend
periodic scheduled Quality Control meetings at the discretion of Monroe County
Project Management
1.4 INSPECTION AND TESTING
A. The Contractor shall be responsible to secure, provide, and pay for all
inspections, test, and other quality-control services specified and required by the
contract or governing authorities. Costs for these services are included in the
Contract Sum. Any reference in the Contract Documents, Drawings, Front End
Documents or Technical Specifications indicating the Owner is responsible to
secure and pay for testing shall be disregarded and rendered null and void.
1. Where individual Sections specifically indicate that certain inspections,
tests, and other quality-control services are the Contractor's responsibility, o
the Contractor shall employ and pay a qualified independent testing
agency to perform quality-control services. Costs for these services are
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included in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of the Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor W
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re-testing: The Contractor is responsible for re-testing where results of
inspections, tests, or other quality-control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
1. The cost of re-testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provide reasonable auxiliary services as
requested. Notify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limited
to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections
and tests.
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3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the
Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Architect and the Contractor in
performance of the agency's duties. The testing agency shall provide qualified
personnel to perform required inspections and tests.
1. The agency shall notify the Project Management and the Contractor
promptly of irregularities or deficiencies observed in the Work during
performance of its services.
2. The agency is not authorized to release, revoke, alter, or enlarge
requirements of the Contract Documents or approve or accept any portion o
of the Work.
3. The agency shall not perform any duties of the Contractor.
E. The Contractor will provide personnel and equipment to perform the operational
tests and check-out of the equipment, facilities or equipment constructed,
fabricated or installed under this Contract. The Project Management
Superintendent will coordinate and witness all such tests. Notification should be
given at least ten (10) days in advance of the scheduled tests.
F. Project Management will coordinate and attend all final inspections of the work.
Prior to requesting a final inspection, all tests for the equipment and systems
must be completed.
See Section 01700 (Contract Closeout) for contract closeout.
G. Unless the Contractor is responsible for this service, the independent testing
agency shall submit a certified written report, in duplicate, of each inspection,
test, or similar service to Project Management. If the Contractor is responsible
for the service, submit a certified written report, in duplicate, of each inspection,
test, or similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing
authority, when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service
include, but are not limited to, the following:
a. Date of issue.
b. Project title and number.
C. Name, address, and telephone number of testing agency.
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d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
I. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested
Work complies with Contract Document requirements.
I. Name and signature of laboratory inspector.
M. Recommendation on re-testing.
F. Qualifications for Service Agencies: Engage inspection and testing service
agencies, including independent testing laboratories, that are pre-qualified as
complying with the American Council of Independent Laboratories"
Recommended Requirements for Independent Laboratory Qualification" and that
specialize in the types of inspections and tests to be performed.
1. Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the o
state where the Project is located.
G. General: Upon completion of inspection, testing, sample taking and similar
services, the Contractor is to:
1. Repair damaged construction and restore substrates and finishes. W
Comply with Contract Document requirements for Division 1 Section
"Cutting and Patching".
2. Protect construction exposed by or for quality-control service activities,
and protect repaired construction.
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3. Repair and protection is Contractor's responsibility, regardless of the
assignment of responsibility for inspection, testing, or similar services.
1.5 INSPECTION PLAN
The contractor will utilize a multi-point inspection plan for each separate feature
of work to be performed under this Contract, i.e., work described by each division
of the technical provision section of the contract specifications. This plan will
consist of, but not be limited to the following:
1. Preparatory Inspection—Prior to commencing the work, the Contractor's
Quality Control Representative will meet with Project Management's
representative and check the following items at a minimum for
conformance:
(a) Approval of shop drawings and submittals.
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(b) Approval of inspection and test reports of materials and equipment
to be utilized.
(c) Completion of previous operations of preliminary work.
(d) Availability of materials and equipment required.
(e) Potential utility outages.
(f) Any other preparatory steps dependent upon the particular
operation.
(g) Quality standards.
(h) Safety or environmental precautions to be observed. (Phase
Hazard)
Note: Project Management will record the minutes to this inspection meeting and
distribute accordingly.
2. Initial Inspection—Upon completion of a representative sample of a given
feature of the work, the Contractor's Quality Control Representative will a,
meet with Project Management's representative and check the following
items at a minimum for conformance:
(a) Workmanship to established quality standards. o
(b) Conformance to contract drawings and specifications.
(c) Construction methods, equipment, and tools utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
(f) Adequacy of shop drawings.
(g) Adequacy of safety or environmental precautions.
Note: Project Management will record the minutes to this inspection meeting and
distribute accordingly.
3. Follow-up Inspections—The Contractor's Quality Control Representative
will inspect the work daily to assure the continuing conformance of the
work to the workmanship standards established during the preparatory
and initial inspections.
Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized
as often as possible. The intent of these sheets is to achieve concurrence from
other trade contractors and responsible parties that ensuing work can indeed
commence over underlying work. This will prevent oversights and omissions
which could elevate costs. Sign-off sheets shall be used for, but not be limited
to, concrete, drywall, ceilings, painting, roofing substrates, and flooring. These
reports are to be generated by the Contractor and submitted to Project
Management Superintendent for approval prior to the start-up of work.
Failure to generate a sign-off sheet or to attain proper signatures prior to
covering up underlying work may affect payment for that piece of work if ensuing
problems are detected or not. This disciplinary action shall be carried out via the
Nonconformance Report. (See Section 1.6.13 of this plan.)
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Note: The Contractor shall be responsible to record these inspections and all other
project related activities encountered throughout the day on the Contractor Daily
Quality Control Report.
4. Completion Inspections—Upon completion of a given feature of the work,
the Contractor's Quality Control Representative will meet with the Project
Management Superintendent, if he/she so desires to attend, to perform
an inspection of the completed work. Nonconforming items will be
identified and corrected prior to commencement of the next operation.
Note: The Contractor shall conduct and report corrections of this inspection which shall
be a required submittal.
5. Follow-On Inspections—Upon execution of the Contractor's completion
inspection in elements of the work which result in concealment; such as,
ceiling and drywall installations, the Contractor shall schedule and
conduct multi-trade or singular inspections prior to covering installation.
Note: Project Management will record the minutes to this inspection meeting.
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6. Pre-Final Inspection—Upon substantial completion of the project work
Project Management shall coordinate and conduct a universal inspection
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of all areas and elements of the work. The Architect/Engineer may be
represented if he/she so desires. This inspection shall be completed at
least (15) fifteen days prior to the final substantial completion inspection
which shall be conducted by Project Management. All deficiencies and
incomplete work should be completed prior to the final substantial W
completion inspection.
1.6 REPORTING CL
Maintaining accurate and retrievable records is extremely important in the Quality Assurance
Program. These records will act as a main source of information in the present and in the future CL
for the entire Project Management team. The main report that will be utilized to provide this
information is the Daily Quality Control Report. Nonconformance Reports may also be issued.
A. DAILY QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to document the summary of daily
inspection activities performed by the Contractor's designated Quality Control
Representative. It shall include any of the steps of inspection that are performed
that day, all test monitoring, and any rework of nonconforming items. The daily
Quality Control Report section of the Daily Superintendent's Report will be
routinely used for daily reporting requirements. When the magnitude or
complexity necessitates such, a more separate and comprehensive form will be
used. Reference Contractor's Daily Report, and as needed Contractor Daily
Quality Control Report, Section 01385.
B. NONCONFORMANCE REPORT
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Nonconformance Reports will be issued for work that is found to be in
nonconformance with the contract documents or the referenced quality
standards. The report will be issued by Project Management.
It is not the intent to routinely and repeatedly issue nonconformance reports, but
to issue them only after normal enforcement standards have been exhausted, or
if the work performed is a detriment to the project.
A copy of the Nonconformance Report will be forwarded to the Site Project
Manager for his/her information and/or action. It should also be included in the
Contractor's Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the deficient item or items have
adequately been corrected. This will be done by the issuing Superintendent and
Project Manager. These sign-offs will be included with a corresponding corrective
action taken. Significant nonconformance needs to be addressed to prevent
recurrence. The signed-off report will also be submitted for review.
Work activities affected by a Nonconformance Report will proportionally counter-
affect payments. Whether that be partial or full retainage will be left up to the o
discretion of Project Management.
1.6 AUDITS
A. Project Management may choose at its option to perform Contractor audits of
their Contractor Quality Control Plan at any time. Reports of these audit results
will be forwarded to the Project Manager for his/her action. Any action items W
noted during an audit for the Contractor will be followed up and documented to
insure compliance and avoid recurrence.
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End of Section 00980
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SECTION 01015
CONTRACTOR'S USE OF PREMISES
PART 1 —GENERAL
1.1 DESCRIPTION
A. Work included:
This Section applies to situations in which the Contractor or his representatives
including, but not necessarily limited to, suppliers, subcontractors, employees, and field
engineers, enter upon Owner's property.
Related work:
Documents affecting work of this Section include, but are not limited to, General
Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
1.2 QUALITY ASSURANCE o
A. Promptly upon award of the Contract, notify all pertinent personnel regarding
requirements of this Section.
Require all personnel who will enter upon the Owner's property certify their awareness of
and familiarity with requirements of this Section.
1.3 SUBMITTALS
Maintain an accurate record of names and identification of all persons entering upon
Owner's property in connection with Work of this Contract, including times of entering
and times of leaving, and submit a copy of the record to Owner daily.
1.4 TRANSPORTATION FACILITIES
A. Provide adequate protection for curbs and sidewalks over which trucks and E
equipment pass to reach job site.
Contractor's vehicles:
1. Require Contractor's vehicles, vehicles belonging to employees of
Contractor, and all other vehicles entering upon Owner's property in
performance of Work of Contract, to use only the Access Route approved
in advance by Owner.
Do not permit such vehicles to park on any street or other area of Owner's property
except in the area approved by Owner as "Contractor's Parking Area."
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1.5 SECURITY
A. Restrict access of all persons entering upon the Owner's property in connection
with work to the Access Route and to actual site of the work.
End of Section 01015
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SECTION 01027
APPLICATION FOR PAYMENT
1. SUMMARY
This section provides procedures for preparation and submittal of Applications for
Payment.
2. FORMAT
The Application for Payment including the Continuation Sheet is the required format for
submitting invoices. A copy of these forms is included in this section. The Owner
reserves the right to modify the format to better suit his internal accounting system.
3. SUBMITTAL PROCEDURES
A. The initial Application for Payment will not be processed until the Contractor's
Construction Schedule, Schedule of Values, and the initial Submittal
Schedule have been received, reviewed, and approved by Project
Management.
B. Submit an updated Construction Schedule and Submittal Schedule and a Partial
Release of Lien with each Application for Payment.
C. Payment shall be made according to the Local Government Prompt Payment
Act, Sec. 218.70 et seq., Florida Statutes.
D. Monroe County makes every effort to meet the payment schedule. It is requested
that the contractor not make any calls to any County office inquiring about
payment until the twentieth (20th) day after submission of the pay request.
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4. MONTHLY PAY REQUEST PROCEDURE
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A. Project Management to review as-builts as to current additions, corrections, etc.,
prior to monthly approval to ensure as-builts are current.
5. FINAL PAY PROCEDURE
A. To help expedite the final payment, it is necessary for Project Management to
have a correct and complete package of documents twenty (20) days in advance
of requested pay date.
B. A minimum of ten (10) working days is required from receipt of correct
documents for Project Management to obtain necessary signatures and submit
project for Final Payment. Contractor shall submit all required forms and
releases to Project Management. The following documents (samples attached)
are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
APPLICATION FOR PAYMENT 01027-Page 142 of 305
Packet Pg. 1644
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
(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
Also, all warranties and guarantees required by Contract, "As-Built" drawings, including
red-lined site plan, submittal documents, certification that all utility bills (i.e., electric,
local water) have been paid, and a complete list of subcontractors with addresses and
phone numbers must be submitted prior to final payment in both bound paper and
electronic PDF form.
C. It is the Contractor's responsibility to ensure the completeness of the Final Pay
Package. Incompleteness will result in delay of Final Pay. Final Pay Requests
will not be processed until all the required documents are received by Monroe
County Project Management. Final Pay Request must be submitted no later than
thirty (30) days after final project completion and acceptance.
6. SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit o
data justifying dollar amounts in question.
B. Provide one (1) copy of data with cover letter for each copy of submittal. Indicate
Application number, date, line item by number and description.
0
APPLICATION FOR PAYMENT 01027-Page 143 of 305
Packet Pg. 1645
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D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT
CONTRACT CHANGE ORDER
PROJECT TITLE:
INITIATION DATE: (change order date)
CHANGE ORDER NO:
TO CONTRACTOR:
(name &address) CONTRACT DATE:
The Contract is changed as follows: E
The original (Contract Sum) (Guaranteed Maximum Price)............................................$
Net change by previously authorized Change Orders...................................................$
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$
The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) o
(unchanged) by this Change Order.......$
The new (Contract Sum)
_(Guaranteed Maximum Price) including this Change Order is.......$
The Contract Time will be (increased) (decreased) (unchanged) by.................................. 0.
The date of Substantial Completion as of the date of this Change Order is........................
Detailed description of change order and justification:
This change order is % of the original contract price.
Not valid until signed by Owner,Architect(if applicable), and Contractor CL
CL
ARCHITECT:
Date
CONTRACTOR: E
Date
DIRECTOR PROJECT MANAGEMENT
Date
COUNTY/ASSISTANT ADMINISTRATOR:
Roman Gastesi Date
Kevin Wilson
Christine Hurley
APPLICATION FOR PAYMENT 01027-Page 146 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
Change Order Attachment per Ordinance No. 024-2015
• Change Order was not included in the original contract specifications. Yes ❑ No ❑
If yes, explanation:
• Change Order was included in the original specifications. Yes ❑ No ❑
If yes, explanation of increase in price:
0
• Change Order exceeds $50,000 or 5% of contract price (whichever is greater) Yes ❑ No ❑ CL
If Yes, explanation as to why it is not subject for a calling for bids:
CL
• Project architect approves the change order. Yes ❑ No ❑
0
If no, explanation of why:
CL
• Change Order is correcting an error or omission in design document. Yes ❑ No ❑
Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑
Explain:
APPLICATION FOR PAYMENT 01027-Page 147 of 305
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D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CONTRACT FOR:
(Name and address) CONTRACT DATE:
TO OWNER: TO CONTRACTOR:
(Name and address) (Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Project Manager's best
knowledge, information and belief, to be substantially complete. 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. The date of Substantial Completion of the Project or portion thereof designated above is hereby c
established as:
CL
c�
which is also the date of commencement of applicable warranties required by the Contract Documents,
except as stated below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such
list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract CL
Documents.
c
INSPECTOR BY DATE CL
(if used)
The Contractor will complete or correct the Work on the list of items attached hereto within the above date
of Substantial Completion.
CONTRACTOR BY DATE �-
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full
possession thereof at (time), on
(date).
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to
the Work and insurance shall be as follows:
Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements
and coverage.
APPLICATION FOR PAYMENT 01027-Page 148 of 305
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D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER: CONTRACT FOR:
(Name and address)
CONTRACT DATE:
PROJECT:
(Name and address)
State of
County of
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies m
that, except as listed below, he/she has paid in full or has otherwise satisfied all obligations for all materials and
equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against
the Contractor for damages arising in any manner in connection with the performance of the Contract referenced
above for which the Owner or his property might in any way be held responsible.
0
EXCEPTIONS: (If none,write"None". If required by the Owner, the Contractor shall furnish bond satisfactory to the
Owner for each exception).
CL
SUPPORTING DOCUMENTS ATTACHED CONTRACTOR:
HERETO:
1. Consent of Surety to Final Payment. Address
Whenever Surety is involved, Consent
of Surety is required. AIA DOCUMENT
G707, CONSENT OF SURETY, may be
used for this purpose. Indicate (Signature of authorized representative)
CL
attachment: yes ( ) no ( )
The following supporting documents should be (Printed Name and Title)
attached hereto: CL
STATE OF:
1. Contractor's Release or Waiver of Liens,
conditional upon receipt of final COUNTY OF:
payment. Subscribed and sworn to (or affirmed) before me
2. Separate Releases or Waivers of Liens by means of ❑ physical presence or ❑ online
from Subcontractors and material and notarization, on (date)
equipment suppliers, to the extent by (name
required by the Owner, accompanied by of affiant). He/She is personally known to me or
a list thereof. has produced
(type of identification) as identification.
3. Contractor's Affidavit or Release of
Liens.
NOTARY PUBLIC
(SEAL)
My commission expires:
APPLICATION FOR PAYMENT 01027-Page 149 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS
TO OWNER: CONTRACT FOR:
(Name and address)
CONTRACT DATED:
PROJECT:
(Name and address)
State of
Q
U
County of
The undersigned hereby certifies that to the best of the undersigned's knowledge, information
and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the
Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of
Work, labor or services who have or may have liens or encumbrances or the right to assert liens
or encumbrances against any property of the Owner arising in any manner out of the
performance of the Contract referenced above.
EXCEPTIONS: STATE OF:
COUNTY OF:
SUPPORTING DOCUMENTS ATTACHED
HERETO: Subscribed and sworn to (or affirmed) before me CL
by means of ❑ physical presence or ❑ online
1. Contractors Release or Waiver of Liens,
notarization, on (date) 12
CL
conditional upon receipt of final payment. by
(name of affiant). He/She is personally known to
me or has produced
2. Separate Releases or Waivers of Liens from (type
Subcontractors and material and equipment of identification)as identification.
suppliers, to the extent required by the
Owner, accompanied by a list thereof.
NOTARY PUBLIC
CONTRACTOR:
(SEAL)
Address
My commission expires:
(Signature of authorized representative)
(Printed name and Title)
APPLICATION FOR PAYMENT 01027-Page 150 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($ )
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and
quitclaim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights,
claims or demands of any kind whatsoever which
0
has (have) or might have against the property, building, and/or improvements, on account of
labor performed, material furnished, and/or for any incidental expense for the construction of
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS day of 120
STATE OF:
(Name of Company)
COUNTY OF:
c
(Signature of authorized representative) Subscribed and sworn to (or affirmed) before me CL
by means of ❑ physical presence or ❑ online
notarization, on (date)
(Printed name and Title) by
(name of affiant). He/She is personally known to
me or has produced
Witness (type of identification) as identification.
Witness NOTARY PUBLIC
(SEAL)
My commission expires:
APPLICATION FOR PAYMENT 01027-Page 151 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the
sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever
discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens,
lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the
furnishing of labor, material or services for the improvement of the following described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of
$ , as of the date of the Partial Release and the undersigned has received
$ as payment on the adjusted contract amount as of the date of this Partial Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for
improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services
for improvement to the subject property, who have not been paid in full are listed below with the amount owing
each, claimed by each and the reason for non payment: (If none,write "NONE")
CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT c
CL
THAT all taxes imposed by all government agencies have been paid and discharged. A
THAT all funds have been collected for FICA and withholding taxes have been properly deposited with
appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected
above. CL
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in
connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not
release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. CL
WITNESS MY HAND THIS day of 20_
Witness Name of Company
Witness Signature, Title
STATE OF: COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization, on
(date) by (name of affiant). He/She is
personally known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
APPLICATION FOR PAYMENT 01027-Page 152 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01030
ALTERNATES
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division-1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for Alternates.
B. Definition: An alternate is an amount proposed by Proposer and stated on the
Proposal Form for certain construction activities defined in the Proposal
Requirements that may be added to or deducted from Base Proposal amount if
the Owner decides to accept a corresponding change in either the installation or
methods described in Contract Documents.
C. Coordination: Coordinate related Work and modify or adjust adjacent Work as
necessary to ensure that Work affected by each accepted Alternate is complete
and fully integrated into the project.
D. Notification: Immediately following the award of the Contract, prepare and
distribute to each party involved, notification of the status of each Alternate. ~�
Indicate whether Alternates have been accepted, rejected or deferred for
consideration at a later date. Include a complete description of negotiated
modifications to Alternates.
0
1. Include as part of each Alternate, miscellaneous devices, accessory
objects and similar items incidental to or required for a complete
installation whether or not mentioned as part of the Alternate.
End of Section 01030
ALTERNATES 01030-Page 153 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01040
PROJECT COORDINATION
PART I — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section specifies administrative and supervisory requirements of the
Contractor necessary for Project coordination including, but not necessarily
limited to:
1. Coordination.
2. Administrative and supervisory personnel. o
3. General installation provisions.
4. Cleaning and protection.
B. Field engineering is included in Section 01050 "Field Engineering".
C. Progress meetings, coordination meetings, and pre-installation conferences are
included in Section 01200 "Project Meetings". .�
D. Requirements for the Contractor's Construction Schedule are included in Section
01301 "Submittals".
1.3 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections
of these Specifications to assure efficient and orderly installation of each part of
the Work. Coordinate construction operations included under different Sections
of the Specifications that are dependent upon each other for proper installation,
connection, and operation.
1. Where installation of one part of the Work is dependent on installation of
other components, either before or after its own installation, schedule
construction activities in the sequence required to obtain the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance,
service and repair.
3. Make adequate provisions to accommodate items scheduled for later
installation.
PROJECT COORDINATION 01040-Page 154 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
B. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include items as required
notices, reports, and attendance at meetings.
1. Prepare similar memoranda for the Owner and separate Contractors
where coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but
are not limited to, the following:
1. Preparation of schedules.
2. Installation and removal of temporary facilities.
3. Delivery and processing of submittals.
4. Progress meetings.
5. Project Close-out activities.
D. Conservation: Coordinate construction activities to ensure that operations are o
carried out with consideration given to conservation of energy, water, and
materials.
1. Salvage materials and equipment involved in performance of, but not actually
incorporated in, the Work. Refer to other sections for disposition of salvaged
materials that are designated as Owner's property.
1.4 SUBMITTALS
A. Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off-site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1. Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3. Comply with requirements contained in Section 01301 "Submittals".
B. Staff Names: Within fifteen (15) days of Notice to Proceed, submit a list of the
Contractor's principal staff assignments, including the Superintendent and other
personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers.
1. Post copies of the list in the Project meeting room, the temporary field
office, and at each temporary telephone.
PART 2 — PRODUCTS (Not Applicable)
PROJECT COORDINATION 01040-Page 155 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
PART 3— EXECUTION
3.1 GENERAL INSTALLATION PROVISIONS
Inspection of Conditions: Require the Installer of each major component to inspect both the
substrate and conditions under which Work is to be performed. Do not proceed until
unsatisfactory conditions have been corrected in an acceptable manner.
Manufacturer's Instructions: Comply with manufacturer's installation instructions and
recommendations, to the extent that those instructions and recommendations are more explicit
or stringent than requirements contained in Contract Documents.
Inspect materials or equipment immediately upon delivery and again prior to installation. Reject
damaged and defective items.
Provide attachment and connection devices and methods necessary for security Work. Secure
Work true to line and level. Allow for expansion and building movement.
Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work
to obtain the best visual effect. Refer questionable choices to Project Management for final o
decision.
Recheck measurements and dimensions, before starting each installation.
Install each component during weather conditions and Project status that will ensure the best
possible results. Isolate each part of the completed construction from incompatible material as
necessary to prevent deterioration. W
Coordinate temporary enclosures with required inspections and tests, to minimize the necessity
of uncovering completed construction for that purpose.
Mounting Heights: Where mounting heights are not indicated, install individual components at
standard mounting heights recognized within the industry for the particular application indicated.
Refer questionable mounting height decisions to Project Management for final decision.
3.2 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of
the construction completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure during the construction period.
Where applicable, such exposures include, but are not limited to, the following:
PROJECT COORDINATION 01040-Page 156 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
LIMITING EXPOSURES
1. Excessive static or dynamic loading
2. Excessive internal or external pressures
3. Excessively high or low temperatures
4. Thermal shock
5. Excessively high or low humidity
6. Air contamination or pollution
7. Water
8. Solvents
9. Chemicals
10. Light
11. Radiation
12. Puncture
13. Abrasion
14. Heavy traffic
15. Soiling, staining and corrosion
16. Bacteria
17. Rodent and insect infestation
18. Combustion o
19. Electrical current
20. High speed operation
21. Improper lubrication
22. Unusual wear or other misuse
23. Contract between incompatible materials
24. Destructive testing
25. Misalignment W
26. Excessive weathering
27. Unprotected storage
28. Improper shipping or handling
29. Theft
30. Vandalism
End of Section 01040 E
PROJECT COORDINATION 01040-Page 157 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01045
CUTTING AND PATCHING
PART 1 - GENERAL
1.1. RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements of the
Contractor for cutting and patching.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
0
1. Division 1 Section: "Coordination" for procedures for coordination cutting
and patching with other construction activities.
2. Division 2 Section: "Selective Demolition" for demolition of selected
portions of the building for alterations.
3. Refer to other Sections for specific requirements and limitations
applicable to cutting and patching individual parts of the Work.
a. Requirements of this Section apply to mechanical and electrical ~�
installations.
4. Describe anticipated results in terms of changes to existing construction.
Include changes to structural elements and operating components as well
as changes in the building's appearance and other significant visual
elements.
5. List products to be used and firms or entities that will perform Work.
6. Indicate dates when cutting and patching will be performed.
7. Utilities: List utilities that cutting and patching procedures will disturb or
affect. List utilities that will be relocated and those that will be temporarily
out-of-service. Indicate how long service will be disrupted.
8. Where cutting and patching involves adding reinforcement to structural
elements, submit details and engineering calculations showing integration
of reinforcement with the original structure.
9. Approval by Project Management to proceed with cutting and patching
does not waive Project Management's right to later require complete
removal and replacement of unsatisfactory work.
1.3 NOT USED
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1.4 QUALITY ASSURANCE
A. Requirements for Structural Work: Do not cut and patch structural elements in a
manner that would change their load-carrying capacity or load-deflection ratio.
1. Obtain approval of the cutting and patching bid before cutting and
patching the following structural elements:
a. Foundation construction.
b. Bearing and retaining walls.
C. Structural concrete.
d. Structural steel.
e. Lintels.
f. Timber and primary wood framing.
g. Structural decking.
h. Stair systems.
i. Miscellaneous structural metals.
B. Operational Limitations: Do not cut and patch operating elements or related
components in a manner that would result in reducing their capacity to perform o
as intended. Do not cut and patch operating elements or related components in
a manner that would result in increased maintenance or decreased operational
life or safety.
1. Obtain approval of the cutting and patching bid before cutting and
patching the following operating elements or safety related systems.
a. Fire protection systems.
b. Control systems.
C. Communication systems.
d. Electrical wiring systems.
0
C. Visual Requirements: Do not cut and patch construction exposed on the exterior
or in occupied spaces in a manner that would, in Project Management's opinion,
reduce the building's aesthetic qualities. Do not cut and patch construction in a
manner that would result in visual evidence of cutting and patching. Remove and
replace construction cut and patched in a visually unsatisfactory manner.
1. If possible retain the original Installer or fabricator to cut and patch the
exposed Work listed below. If it is impossible to engage the original
Installer or fabricator, engage another recognized experienced and
specialized firm.
a. Stonework and stone masonry.
b. Ornamental metal.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1.5 WARRANTY
A. Existing Warranties: Replace, patch, and repair material and surfaces cut or
damaged by methods and with materials in such a manner as not to void any
warranties required or existing.
PART 2 - PRODUCTS
2.1 MATERIALS, GENERAL
PART 3 - EXECUTION
3.1 INSPECTION
A. Examine surfaces to be cut and patched and conditions under which cutting and
patching is to be performed before cutting. If unsafe or unsatisfactory conditions
are encountered, take corrective action before proceeding.
1. Before proceeding, meet at the Project Site with parties involved in cutting
and patching, including mechanical and electrical trades. Review areas o
of potential interference and conflict. Coordinate procedures and resolve
potential conflicts before proceeding.
3.2 PREPARATION
A. Temporary Support: Provide temporary support of work to be cut.
B. Protection: Protect existing construction during cutting and patching to prevent
damage. Provide protection from adverse weather conditions for portions of the
Project that might be exposed during cutting and patching operations.
C. Avoid interference with use of adjoining areas or interruption of free passage to
adjoining areas.
D. Avoid cutting existing pipe, conduit, or ductwork serving the building but
scheduled to be removed or relocated until provisions have been made to bypass
them.
3.3 PERFORMANCE
A. General: Employ skilled workmen to perform cutting and patching. Proceed with
cutting and patching at the earliest feasible time and complete without delay.
1. Cut existing construction to provide for installation of other components or
performance of other construction activities and the subsequent fitting
and patching required to restore surfaces to their original condition.
B. Cutting: Cut existing construction methods least likely to damage elements
retained or adjoining construction. Where possible, review proposed procedures
with the original Installer; comply with the original Installer's recommendations.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1. In general, where cutting, use hand or small power tools designed for
sawing or grinding, not hammering and chopping. Cut holes and slots as
small as possible, neatly to size required, and with minimum disturbance
of adjacent surfaces. Temporarily cover openings when not in use.
2. To avoid marring existing finished surfaces, cut or drill from the exposed
or finished side into concealed surfaces.
3. Cut through concrete and masonry using a cutting machine, such as a
Carborundum saw or a diamond-core drill.
4. Comply with requirements of applicable Division 2 Sections where cutting
and patching requires excavating and backfilling.
5. Where services are required to be removed, relocated, or abandoned, by-
pass utility services, such as pipe or conduit, before cutting. Cut-off pipe
or conduit in walls or partitions to be removed. Cap, valve, or plug and
seal the remaining portion of pipe or conduit to prevent entrance of
moisture or other foreign matter after by-passing and cutting.
C. Patching: Patch with durable seams that are as invisible as possible. Comply
with specified tolerances.
0
1. Where feasible, inspect and test patched areas to demonstrate integrity of
the installation.
2. Restore exposed finishes of patched areas and extend finish restoration
into retained adjoining construction in a manner that will eliminate
evidence of patching and refinishing.
3. Where removing walls or partitions extends one finished area into another
area, patch and repair floor. W
3.4 CLEANING
A. Clean areas and spaces where cutting and patching are performed. Completely
remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping,
conduit, and similar features before applying paint or other finishing materials.
Restore damaged piping covering to its original condition.
End of Section 01045
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SECTION 01050
FIELD ENGINEERING
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Divisions 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. General: This Section specifies administrative and procedural requirements of
the Contractor for field-engineering services including, but not limited to, the E
following:
1. Land survey work.
2. Civil-engineering services.
3. Damage surveys.
4. Geotechnical monitoring.
B. Related Sections: The following Sections contain requirements that are related
to this Section:
1. Division 1 Section "Coordination" for procedures for coordinating field
engineering with other construction activities.
2. Division 1 Section "Submittals" for submitting Project record surveys.
3. Division 1 Section "Project Closeout" for submitting final property survey
with Project Record Documents and recording of Owner-accepted
deviations from indicated lines and levels.
1.3 SUBMITTALS
A. Certificates: Submit a certificate signed by the land surveyor or professional
engineer certifying the location and elevation of improvements.
B. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout"
Sections.
1.4 QUALITY ASSURANCE
A. Surveyor Qualifications: Engage a land surveyor registered in the state where
the Project is located, to perform required land-surveying services.
B. Engineer Qualifications: Engage an engineer of the discipline required, licensed
in the state where the Project is located, to perform required engineering
services.
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PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property
survey and existing benchmarks, before proceeding to lay out the Work. Locate
and protect existing benchmarks and control points. Preserve permanent
reference points during construction.
1. Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2. Promptly replace lost or destroyed Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of two (2) permanent benchmarks on the site,
referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction indicated as existing are not guaranteed. Before
beginning site work, investigate and verify the existence and location of
underground utilities and other construction.
1. Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water-service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and
levels provided for their use.
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2. As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
1. Record deviations from required lines and levels, and advise Project
Management when deviations that exceed indicated or recognized
tolerances are detected. On Project Record Drawings, record deviations
that are accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other
work requiring field-engineering services, prepare a certified survey
showing dimensions, locations, angles, and elevations of construction
and site work.
C. Site Improvements: Locate and lay out site improvements, including pavements,
stakes for grading, fill and topsoil placement, utility slopes, and invert elevations.
D. Building Lines and Levels: Locate and lay out batter boards for structures,
building foundations, column grids and locations, floor levels, and control lines o
and levels required for mechanical electrical work.
E. Existing Utilities: Furnish information necessary to adjust, move, or relocate
existing structures, utility poles, lines, services, or other appurtenances located in
or affected by construction. Coordinate with local authorities having jurisdiction.
End of Section 01050 0.
0
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1. SUMMARY
A. Section includes:
1. Pre-Construction Meetings
2. Periodic Progress Meetings
3. Concrete Pre-Pour Meetings
4. Safety Meetings
5. Critical Lift Meetings
6. Quality Control Meetings
2. PROJECT MANAGEMENT'S RESPONSIBILITY
A. Project Management shall schedule and administer pre-construction meeting,
periodic progress meetings, Concrete Pre-Pour Meetings, Critical Lift Meetings,
Quality Control Meetings and specially called meetings throughout progress of
the Work.
1. Prepare agenda for meetings.
2. Provide notice of each meeting twenty-four (24) hours in advance of
meeting date, or provide as much advance notice as possible.
3. Make physical arrangements for meetings. ~�
4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
C. To Project Management staff as needed.
C. The Architect and the Owner's Representative may attend meetings to ascertain that the
Work is expedited consistent with the Contract Documents and construction schedules.
3. CONTRACTOR'S RESPONSIBILITY
A. Representatives of the Contractors, subcontractors and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
B. The Contractor shall schedule and administer Safety Meetings.
1. Prepare agenda for meetings.
2. Provide notice of each meeting twenty-four (24) in advance of meeting
date, or provide as much advance notice as possible.
3. Make physical arrangements for meetings.
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4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
C. To Project Management staff as needed.
1. PRE-CONSTRUCTION MEETING
A. Location: A central site designated by Project Management.
B. Attendance:
1. Monroe County Project Management designee.
2. The Architect and his professional consultants (as required).
3. The Contractor's Superintendent.
4. Major subcontractors.
5. Major suppliers.
6. Others as appropriate.
0
C. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
2. Critical Work sequencing.
3. Major equipment deliveries and priorities. W
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Bid requests.
C. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract Documents.
7. Procedures for maintaining Project Record Documents as set forth in
Section 01720 (Project Records Documents) of the General
Requirements.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first-aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within three (3) days.
D. Revisions to minutes:
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1. Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting.
2. PERIODIC PROGRESS MEETINGS
A. The Contractor's Project Manager and/or Superintendent shall be required to
attend a periodic scheduled meeting at the discretion of Monroe County Project
Management.
B. Location of the meetings: A central site designated by Project Management,
typically it will be at the project site.
C. Attendance: o
1. Monroe County Project Management designee.
2. The Architect and his/her professional consultants as needed.
3. Contractors as appropriate to the agenda.
4. Suppliers as appropriate to the agenda.
5. Others.
C. Suggested Agenda:
1. Distribute meeting minutes.
2. Approval of the minutes.
3. Review of Work progress since previous meeting.
4. Field observations, problems, conflicts, Requests for Information (RFI).
5. Problems which impede Construction Schedule.
6. Review of off-site fabrication, delivery schedules.
7. Corrective measures and procedures to regain projected schedule. E
8. Revisions to Construction Schedule.
9. Progress, schedule, during succeeding Work period.
10. Coordination of schedules.
11. Review submittal schedules.
12. Maintenance of quality standards.
13. Pending changes, substitutions and Change Order Requests (COR).
14. Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
b. Effect on other contracts of the Project.
15. Other business.
E. Revisions to minutes:
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1. Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting.
3. CONCRETE PRE-POUR MEETINGS
A. The Contractor's Project Manager and/or Superintendent and Concrete Sub-
Contractor(s) shall be required to attend a scheduled Concrete Pre-Pour Meeting
at the discretion of Monroe County Project Management prior to any concrete
being placed. Contractor is required to respond to the County Concrete Check
List by providing all required information requested in the Check List seventy-two
(72) hours prior to placement.
B. Location of the meetings: A central site designated by Project Management, o
typically it will be at the project site.
C. Attendance:
1. Monroe County Project Management designee.
2. The Architect and his professional consultants as needed.
3. Contractors as appropriate to the agenda. W
4. Suppliers as appropriate to the agenda.
5. Others.
D. Required Agenda:
0
1. Review of completed County Concrete Check List.
2. Review of Contractor's Quality Control Plan.
3. Field observations, problems, conflicts, Requests for Information (RFI).
4. Problems which impede Construction Schedule.
5. Review of off-site fabrication, delivery schedules.
6. Review of mix submittals.
7. Maintenance of quality standards.
8. Pending changes, substitutions and Change Order Requests (COR).
5. Distribute County Checklist seventy-two (72) hours prior to placing
Concrete.
4. SAFETY MEETINGS
A. A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted
by the Contractor each week by all field supervisors or foremen and attended by
mechanics and all construction personnel at the jobsite.
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The Contractor is to also conduct regularly scheduled supervisory safety
meetings at least monthly for all levels of job supervision.
Each Contractor and Subcontractor shall be expected to indoctrinate his/her
employees as to the safety and health requirements of this project and to enforce
adherence to safe work procedures.
Each Contractor and Subcontractor shall cooperate fully with all other contractors
in their respective safety and health programs.
B. Location of the meetings: A central site designated by the Contractor, typically it
will be at the project site.
C. Attendance:
1. All field supervisors, foremen, mechanics and all construction personnel
at the jobsite.
2. Monroe County Project Management designee.
3. The Architect and his professional consultants as needed.
4. Sub-Contractors as appropriate to the agenda. o
5. Suppliers as appropriate to the agenda.
6. Others.
D. Recommended Agenda:
1. Accidents, injuries, near-misses, discuss
a. Incidents that have occurred in your company since the last meeting,
b. Any follow-up that has been done as a result of investigations into
incidents,
C. Incidents that have happened in other companies.
d. Updates to the company's Accident Prevention Plan from "lessons
learned."
2. Results of safety inspections.
a. Discuss the results of recent safety inspections.
b. Follow up on assignments for eliminating or controlling identified hazards.
C. Encourage employees to identify any unsafe conditions or tasks, and
discuss ways to eliminate or control the hazards.
d. When appropriate, assign responsibilities for eliminating or controlling
identified hazards.
3. Training.
a. Discuss any new safe work procedures or other policies and procedures
that need to be implemented.
b. Safety Topic of the Month: a presentation and discussion on the chosen
topic.
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4. Open forum.
a. Anyone who has a concern about safety and health should bring it up for
discussion.
5. Next meeting.
a. Set the time, date and place for the next meeting.
b. Select a Safety Topic and designate the presenter/discussion leader.
6. Persons Attending
5. CRITICAL LIFT MEETING
A. The Contractor's Project Manager and/or Superintendent and Lift Contractor shall
be required to attend a scheduled Critical Lift meeting at the discretion of Monroe
County Project Management prior to any Critical Lift. The Contractor is required
to provide a Critical Lift Plan for review five (5) days prior to the Critical Lift.
B. Location of the meetings: A central site designated by Project Management, o
typically it will be at the project site prior to the lift.
C. Attendance:
1. Monroe County Project Management designee.
2. The Architect and his professional consultants as needed.
3. Contractors as appropriate to the agenda. W
4. Lift Operator and riggers as appropriate to the agenda.
5. Suppliers as appropriate to the agenda.
6. Others.
D. For the purposes of this contract a lift defined as a Critical Lift will include, but not
be limited to:
• When more than one crane, in combination is required
• Loads exceeding seventy-five percent (75%) of the rated capacity of any
one crane
• Personnel lifting
• Loads that will require suspension directly above rigging personnel
• Lifts that result in loads leaving direct view of the crane operator
• Loads that are extremely valuable, irreplaceable, or unrepairable
• Loads that could potentially become damaging to other equipment or
utilities
• Loads that are potentially unstable in flight
• Lifting of loads whose replacement (purchasing lead) time exceeds ten
(10) days
• Lifting of loads whose loss would result in County or equipment
operational shutdown
E. Required Agenda:
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1. Review Sections 00970.5.0-5.6 of The Contract General Requirements
2. Review Crane Test Certification per 00970.5.4.1
2. Review of Lift Activity
3. Review of Lift Plan
4. Review Overhead Utility Locations
5. Review Hand Signals/Communication Systems
6. Handling Sequence
7. Traffic Control
8. Questions/solutions
6. QUALITY CONTROL MEETINGS
A. For each separate feature of work to be performed under this Contract, i.e., work
described by each division of the technical provision section of the contract E
specifications, the Contractor's Quality Control Representative shall be required
to attend scheduled meetings at the discretion of Monroe County Project
Management.
0
B. Location of the meetings: A central site designated by Project Management,
typically it will be at the project site.
C. Attendance:
1. Monroe County Project Management designee
2. Contractors Quality Control Representative
3. The Architect and his/her professional consultants as needed
4. Sub-Contractors as appropriate to the agenda
5. Suppliers as appropriate to the agenda
6. Others
0
C. Suggested Agenda:
1. Distribute meeting minutes
2. Approval of the minutes
3. Approval of shop drawings and submittals
4. Review Daily Quality Control Reports
5. Review Non-Conformance Reports
6. Quality standards
7. Workmanship to established quality standards
8. Conformance to contract drawings and specifications
9. Construction methods, equipment, and tools utilized
10. Materials and articles utilized
11. Adequacy of testing methods
12. Adequacy of shop drawings
13. Adequacy of safety or environmental precautions
14. Other business
E. Revisions to minutes:
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1. Unless published minutes are challenged in writing prior to the next
regularly scheduled meeting, they will be accepted as properly stating the
activities and decisions of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of "old business"
at the next regularly scheduled meeting.
End of Section 01200
0
CL
CL
CL
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SECTION 01301
SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. The Contractor shall submit to Project Management, shop drawings,
product data, certifications and samples required by the technical
sections.
2. The Contractor shall prepare and submit a separate schedule listing
dates for submission and dates for review.
B. Related Sections:
1. Section 00750 - GENERAL CONDITIONS
2. Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data, and sample requirements.
1.2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within ten (10) days of award of the Contract, and
prior to proceeding with the site work, a preliminary "Submittal Schedule" to
Project Management for review, modification and response. No payment
applications will be processed prior to finalizing the submittal schedule. The ~�
"Submittal Schedule" shall contain the following information for all required
submittals on both paper and electronic PDF.
1. Specification Section number and name.
2. Specification Section paragraph identification which describes submittal
requirement.
3. Submittal information required, (i.e., sample, test data, shop drawing,
etc.).
B. The Contractor shall also supply the following dates in order to meet the project
schedule.
1. Date submittal is scheduled to be submitted.
2. Date contractor has scheduled to order material or equipment or the
submittal item.
3. Date contractor has scheduled delivery to job-site of material or
equipment or the submittal item.
4. Add any remarks or unique items that Project Management should be
aware of.
C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by
Project Management (in calendar days).
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D. The submittal master record will then be used to track submittals within the
process.
1.3 SHOP DRAWINGS
A. Provide shop drawings as complete legible submittals (no partial sets) on original
drawings or information prepared solely by the fabricator or supplier. Deviation
from complete submittals will only be allowed by pre-arranged method.
B. Do not reproduce the Contract Drawings for shop drawing submittals.
C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the
Contract Drawings.
D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps
of Project Management and the Contractor.
E. Each print shall carry the following information:
1. Project name and contract number. c
2. Date.
3. Names of:
a. The Architect
b. Project Management
C. The Contractor
d. Supplier
e. Manufacturer
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly stated as such.
7. Specification Section number.
8. Contractor to verify that product meets or exceeds applicable standards
listed in document.
9. Identification of deviations from Contract Documents.
10. Reference to construction drawings by drawing number and/or detain
number.
F. The contractor shall submit seven (7) sets to Project Management. Project
Management will check the submission and forward five (5) sets to the
Contractor. After corrections are made, the requested number of sets of shop
drawings issued "For Construction Use" will be distributed to Project
Management and other trade contractors by the Contractor prior to the start of
the Work.
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to Project Management. Submit seven (7)
copies of product data to Project Management.
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B. Modify product data sheets to delete information which is not applicable to the
Project. Provide additional information if necessary to supplement standard
information.
C. The Contractor shall submit seven (7) sets to Project Management. Project
Management will check and return five (5) copies to the Contractor after review.
1.5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship, and to
establish standards by which completed work may be judged.
B. Construct mock-ups as required by the technical sections, at the Project Site in a
location designated by Project Management. Construct mock-ups, including
adjacent work required, to demonstrate the final appearance of the Work.
C. The Contractor shall submit three (3) samples to Project Management and one
(1) will be returned to the contractor after review/return from Project
Management.
0
1.6 CERTIFICATIONS
A. Provide certifications as required by various technical sections on the
Contractor's letterhead stationery. Certifications shall be identified to this Project,
dated and bear Contractor's signature in the same format used for the
Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material and the
intended installation methods, where applicable, are in compliance with the
Contract Documents. Attach manufacturer's affidavits where applicable.
C. The Contractor shall submit one (1) original and six (6) copies to Project
Management. Project Management will retain two (2) sets and the balance
returned to the Contractor after review.
1.7 THE CONTRACTOR'S RESPONSIBILITIES
A. Before making submittals to Project Management, review each submittal, make
changes or notations as necessary to conform to the Contract Documents,
identify such review with review stamp and forward reviewed submittal with
comments to Project Management for review. Return submittals not meeting
Contract requirements to subcontractors and do not forward such submittals to
Project Management.
B. Submit catalog sheets, product data, shop drawings and where specified, submit
calculations, material samples, color chips or charts, test data, warranties and
guarantees all at the same time for each submittal item.
C. Verify field measurements and product catalog numbers or similar data.
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D. Clearly identify on the submittal and transmittal to Project Management in writing
of deviations in submittals from the requirements of the Contract Documents.
E. After Project Management's review, distribute copies with one (1) copy to be
maintained at the Project Site for reference use and other copies distributed to
suppliers and fabricators.
F. Do not begin the Work which requires submittals until return of submittals with
Project Management's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not
relieved by Project Management's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of
the Contract Documents is not relieved by Project Management review of
submittals unless Project Management gives written acceptance of specific
deviations.
I. All submittals shall be submitted to Monroe County Project Management and
Consultants in Adobe PDF format. o
1.8 PROJECT MANAGEMENT'S RESPONSIBILITIES
A. Project Management will review submittals with reasonable promptness,
checking only for conformance with the design compliance of the Project and
compliance with information given in the Contract Documents.
B. Project Management will make changes or notations directly on the submittal,
identify such review with his review stamp, obtain and record the Record File
copy, and return the submittal to the Contractor, with copies to Project
Management.
0
C. Project Management will return to the Contractor, without review, all submittals
not bearing the Contractor's review stamp or not showing it has been reviewed
by the Contractor.
End of Section 01301
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SECTION 01310
PROGRESS SCHEDULES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor submission of Progress schedules.
2. Contractor submission of Revisions to schedules.
B. Related sections:
1. Scope of work.
C. Description:
1. Progress Schedules: Promptly after award of the Contract and prior to
proceeding with the site work, prepare and submit to Project Management for
approval, construction progress schedules for the work, with sub-schedules of
related activities which are essential to its progress. Also incorporate manpower
loading related to each activity on the construction schedule.
2. Revisions to Schedule: Submit revised/updated progress schedules with each
payment application.
1.2 FORMAT
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Project Management.
0
1.3 CONTENT
A. Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub-schedules to define critical portions of the entire schedule.
D. Submit separate schedule of submittal dates for shop drawings, product data,
and samples, including the Owner furnished products and products identified
under allowances and dates reviewed submittals will be required from the
Architect. Reference Section 01301 - Submittals.
1.4 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of submittal, and projected completion
date of each activity.
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B. Identify activities modified since previous submittal, major changes in scope, and
other identifiable changes.
1. Major changes in scope.
2. Activities modified since previous submission.
3. Revised projections of progress and completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays, and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
1.5 SUBMITTALS
A. Submit initial schedules within seven (7) days after receipt of the Contract Notice
to Proceed.
0
1. Project Management will review schedules and return approved copy.
2. Submit revised Progress Schedules with each Application for Payment.
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedules.
Note: It is not incumbent upon Project Management to notify the Contractor when to
begin, to cease, or to resume work nor to give early notice of faulty or defective
work, or in any way to superintend so as to relieve the Contractor of responsibility
or of any consequence of neglect or carelessness.
End of Section 01310
PROGRESS SCHEDULES 01310-Page 178 of 305
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SECTION 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Contractor submission of a Schedule of Values.
1. The Schedule of Values allocated to the various portions of the Work by
Divisions shall be submitted to Project Management within three (3) days
after Notice to Proceed.
2. No item in the Schedule of Values shall exceed $25,000.00 without prior
approval from Monroe County Project Management.
3. Upon request of Project Management, revise and/or support the values
with data which will substantiate their correctness.
4. The Schedule of Values forms the basis for the Contractor's Applications
for Payment.
5. The Schedule of Values shall be the basis for the amount of credit to be o
allowed by the Contractor to the Owner as per 5.6.1 of the Contract.
1.2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AIA G703 Form; the Contractor's standard forms and
automated printout will be considered by Project Management upon the
Contractor's request. Identify schedule with: .�
1. Title of Project and location
2. Architect/Engineer
3. Name and Address of the Contractor
4. Contract designation
5. Date of submission
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction.
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. Clean-up.
4. Submittals.
5. Safety.
E. For each major line item list sub-values of major products or operations under the
item.
SCHEDULE OF VALUES 01370-Page 179 of 305
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F. For the various portions of the Work:
1. Include a directly proportional amount of the Contractor's overhead and
profit for each item.
2. For items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
C. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub-schedule for each separate stage of work specified.
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review by Project Management, revise and resubmit schedule (and
Schedule of Material Values) as required. o
B. Resubmit revised schedule in same manner.
End of Section 01370
0
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SECTION 01385
DAILY CONSTRUCTION REPORTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Requirement for Daily Construction Reports by the General Contractor.
2. Scheduled submission times for Daily Construction Reports.
1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS
A. Daily Construction Reports shall be submitted by the General Contractor E
performing work on the project. We have provided a form for your use at the end
of this section. If you chose to use your own form, all the information asked for on
the Daily Construction Report form included in this section, must be included on
your form. Items to be addressed on the Report are:
1. Title of Project
2. Name of Contractor
3. Date and day of Report information. For example, you performed work
on Thursday, February 14, 2008, so you would therefore use "Thursday,
2/14/08." This holds true even if you did not complete filling out the
Report until Friday, 2/15/08.
4. Contract designation. ~�
5. Note any major Shipments received on that particular day.
6. Note major equipment used that day.
7. Note manpower used, and designate what trades. For example, if you
were the mechanical contractor, you would also list how many insulators,
pipe fitters, etc., that you were also managing, even if they were
subcontractors. In addition, list the names of the subcontractors that
were on-site that day.
8. Note any deficiencies in your work, and corrective actions taken to
resolve the deficiencies.
9. Note any safety violations discovered, whether or not caused by your
forces.
10. Provide a full description of work performed that day, by all
subcontractors, and or employees, currently working on the project.
Furthermore, be sure to include any problems or unusual conditions
discovered.
11. Report is to be signed by the authorized representative of the contractor,
and should the signature not be legible, print the name of the signer next
to the signature.
1.3 SCHEDULE OF SUBMITTING DAILY REPORTS
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A. Daily Reports are to be submitted to Project Management at the regularly
scheduled Project Meetings. Contractors are to submit the original of their
report, and should keep a copy for their records. Project Management
photocopying facilities are not to be used in the reproduction for submission of
the reports.
B. Should contractor fail to comply with these instructions, the contractor's payment
application for the following month will be held in abeyance until such time the
contractor properly submits the delinquent reports.
DAILY CONSTRUCTION REPORT
PROJECT: REPORT NO:
CONTRACTOR:
DATE TIME WEATHER TEMP.RANGE
EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE
WORK IN PROGRESS PRESENT AT SITE
0
CL
OBSERVATIONS
CL
CL
ITEMS TO SATISFY
INFORMATION OR ACTION REQUIRED
ATTACHMENTS
REPORT BY:
DAILY CONSTRUCTION REPORTS 01385-Page 182 of 305
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SECTION 01395
REQUEST FOR INFORMATION (RFI)
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Notification to Architect and Project Management in the event errors, field
conflicts, and omissions are found in the Contract Documents or
clarifications are necessary.
2. Utilization of(RFI) form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 6.2 and 8.3.2
3. General Conditions Article 12.3 and 13.3
0
1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of Architect/Engineer and Project Management
immediately. If clarifications are necessary, the request is to be conveyed to
Architect/Engineer and Project Management. Architect/Engineer and Project
Management will respond to the Contractor. The RFI is a tool established to ~�
provide expedient clarifications of contract drawings, specifications or field
conflicts. It is not meant to be a substitute for good communication.
B. The RFI is not meant for formal notification of extra work. Reference General
Conditions paragraph 8.3.2 and 13.3.1, when formal correspondence is required
for formal notification of time extensions, and for cost change notifications.
C. The responses provided on the RFI form to the Contractor are considered by the
Owner to be clarifications and/or minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract time per
Paragraphs 6.2, 7.2, and 8.3 of the Contract General Conditions. Should the
Contractor consider the RFI response requires extra work, notification in
accordance with Agreement written notice provision is required.
1.3 UTILIZATION OF RFI FORM
A. The RFI form to be utilized is included at the end of this section, if you wish to
use a form of your own; it must contain the same information requested on our
form and submitted in PDF format.
REQUEST FOR INFORMATION (RFI) 01395-Page 183 of 305
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REQUEST FOR INFORMATION (RFI)
DATE
RFI#
PROJECT
FROM
CONTRACTOR
ADDRESS
PHONE FAX CELL
Email address
TO
ARCHITECT
ADDRESS
PHONE FAX CELL a,
Email address
DESCRIPTION
0
CL
CONTRACTORS RECOMMENDATION
CL
0
COSTIMPACT CL
NAME DATE
RESPONSE
NAME DATE
REQUEST FOR INFORMATION (RFI) 01395-Page 184 of 305
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SECTION 01410
TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Selection and payment.
2. The Contractor submittals.
3. Testing laboratory responsibilities.
4. Testing laboratory reports.
5. Limits on testing laboratory authority.
6. The Contractor responsibilities.
7. Schedule of inspections and tests.
B. Section Includes:
0
1. Section 00750 - GENERAL CONDITIONS
2. Section 01700 - CONTRACT CLOSEOUT
3. Individual Specification Sections: inspections and tests required, and
standards for testing.
1.2 SELECTION AND PAYMENT
A. The Contractor shall be responsible to secure and pay for all testing services of a
qualified independent testing laboratory to perform specified inspections and
testing as indicated in Technical Specification Sections and as required by the
contract or any governing authorities. Any reference in the Contract Documents,
Drawings, Front End Documents or Technical Specification indicating the Owner
is responsible to secure and pay for testing shall be disregarded and rendered
null and void.
B. Employment of testing laboratory shall in no way relieve the Contractor of E
obligation to perform the Work in accordance with requirements of the Contract
Documents.
1.3 QUALITY ASSURANCE
A. Testing laboratory: authorized to operate in the State of Florida.
B. Testing laboratory staff: maintain a full time registered Engineer on staff to
review services.
C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy
traceable to either National Bureau of Standards (NBS) standards or accepted
values of natural physical constants.
TESTING LABORATORY SERVICES 01410-Page 185 of 305
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D. Meet "Recommended Requirements for Independent Laboratory Qualification,"
published by American Council of Independent Laboratories.
1.4 TESTING LABORATORY RESPONSIBILITIES
A. Test samples of mixes.
B. Provide qualified personnel at the Site. Cooperate with the Project Management
and the Contractor in performance of services.
C. Perform specified inspection, sampling, and testing of products in accordance
with specified standards.
D. Ascertain compliance of materials and mixes with requirements of the Contract
Documents. a,
E. Promptly notify Project Management and the Contractor of observed irregularities
or non-conformance of the Work or products.
0
F. Perform additional inspections and tests required by the Project Management.
1.5 TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to Project Management and Contractor.
B. Include:
1. Date issued.
2. Project title and number.
3. Name of inspector.
4. Date and time of sampling or inspection.
5. Identification of product and Specifications Section.
6. Location in the Project.
7. Type of inspection or test.
8. Date of test.
9. Results of test.
10. Conformance with the Contract Documents.
C. When requested by Project Management, provide interpretation of test results.
1.6 LIMITS ON TESTING LABORATORY AUTHORITY
A. The testing laboratory may not release, revoke, alter, or enlarge on requirements
of the Contract Documents.
B. The testing laboratory may not approve or accept any portion of the Work.
C. The testing laboratory may not assume any duties of the Contractor.
TESTING LABORATORY SERVICES 01410-Page 186 of 305
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D. The testing laboratory has no authority to stop the Work.
1.7 THE CONTRACTOR RESPONSIBILITIES
A. Deliver to the testing laboratory at designated location, adequate samples of
materials proposed to be used which require testing, along with proposed mix
designs.
B. Cooperate with testing laboratory personnel, and provide access to the Work and
to the manufacturer's facilities.
C. Provide incidental labor and facilities to provide access to the Work to be tested,
to obtain and handle samples at the Site or at source of products to be tested, to
facilitate tests and inspections, storage and curing of test samples.
D. Notify Project Management and the testing laboratory (24) twenty-four hours prior
to expected time for operations requiring inspection and testing services.
E. Employ services of a separate qualified testing laboratory and pay for additional o
samples and tests which are beyond the specified requirements.
1.8 RETEST RESPONSIBILITY
A. Where the results of required inspections, tests, or similar services prove
unsatisfactory and do not indicate compliance with the requirements of the
Contract Documents, the cost for any re-tests shall be the responsibility of the W
Contractor.
0
End of Section 01410 0.
TESTING LABORATORY SERVICES 01410-Page 187 of 305
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SECTION 01421
REFERENCE STANDARDS AND DEFINITIONS
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specifications Sections, apply to
this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the conditions of this
Contract.
B. Indicated: The term "indicated" refers to graphic representations, notes or
schedules on the Drawings, or other Paragraphs or Schedules in the
Specifications, and similar requirements in the Contract Documents. Where
terms such as "shown", "noted", "scheduled", and "specified" are used, it is to
help the reader locate the reference; no limitation on location is intended.
C. Directed: Terms such as "directed", "requested", "authorized", "selected",
"approved", "required", and "permitted" mean "directed by Project Management",
"requested by Project Management", and similar phrases.
D. Approve: The term "approved", where used in conjunction with Project ~�
Management's action on the Contractor's submittals, applications, and requests,
is limited to Project Management's duties and responsibilities as stated in the
Conditions of the Contract.
0
E. Regulation: The term "regulations" includes laws, ordinances, statutes, and
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project
site, ready for unloading, unpacking, assembly, installation, and similar
operations."
G. Install: The term "install" is used to describe operations at project site including
the actual "unloading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and similar
operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready
for the intended use."
REFERENCE STANDARDS AND DEFINITIONS 01421-Page 188 of 305
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I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor,
either as an employee, subcontractor, or contractor of lower tier for performance
of a particular construction activity, including installation, erection, application,
and similar operations. Installers are required to be experienced in the
operations they are engaged to perform.
1. The term "experienced", when used with the term "Installer", means
having a minimum of(5) five previous projects similar in size and scope to
this Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2. Trades: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
"carpenter". It also does not imply that requirements specified apply 0)
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists o
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing W
the Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
J. Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others
performing other work as part of the Project. The extent of the Project
site is shown on the Drawings and may or may not be identical with the
description of the land on which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity
engaged to perform specific inspections or tests, either at the Project Site
or elsewhere, and to report on and, if required, to interpret results of those
inspection or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-Division format
and MASTER FORMAT numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intended meaning of certain terms, words, and phrases when
REFERENCE STANDARDS AND DEFINITIONS 01421-Page 189 of 305
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used in particular situations or circumstances. These conventions are explained
as follows:
1. Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and
the context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to
be performed by the Contractor. At certain locations in the text, for clarity,
subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
a. The words "shall be" shall be included by inference wherever a
colon (:) is used within a sentence or phrase.
1.4 INDUSTRY STANDARDS o
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same
force and effect as if bound or copied directly into the Contract Documents to the
extent referenced. Such standards are made a part of the Contract Documents
by reference.
B. Publication Dates: Comply with the standard in effect as of the date of the
Contract Documents.
C. Conflicting Requirements: Where compliance with (2) two or more standards is
specified, and the standards may establish different or conflicting requirements
for minimum quantities or quality levels. Refer requirements that are different, but 0.
apparently equal, and uncertainties to Project Management for a decision before
proceeding.
1. Minimum Quantity or Quality Levels: The quantity or quality level shown
or specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are
minimum or maximum, as appropriate for the context of the requirements.
Refer uncertainties to Project Management for a decision before
proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
REFERENCE STANDARDS AND DEFINITIONS 01421-Page 190 of 305
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1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
provision. Refer to the "Encyclopedia of Associations", published by Gale
Research Co., available in most libraries.
F. Abbreviations and Names:
Trade association names and titles of general standards are frequently
abbreviated. The following abbreviations and acronyms, as referenced in the
Contract Documents, mean the associated names. Names and addresses are
subject to change and are believed, but are not assured, to be accurate and up-
to-date as of the date of the Contract Documents.
0
AA Aluminum Association
AABC Associated Air Balance Council
AAMA American Architectural Manufacturers
AAN American Association of Nurserymen W
(See AN LA)
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA America Concrete Pipe Association
AHA American Hardboard Association
Al Asphalt Institute
AIA the American Institute of Architects
AISC American Institute of Steel Construction
AITC American Institute of Timber Construction
ALA American Laminators Association
ALSC American Lumber Standards Committee
AMCA Air Movement and Control Association International, Inc.
REFERENCE STANDARDS AND DEFINITIONS 01421-Page 191 of 305
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ANLA American Nursery and Landscape Association
ANSI American National Standards Institute
APA APA-The Engineering Wood Association
(Formerly: American Plywood Association)
APA Architectural Precast Association
ARMA Asphalt Roofing Manufacturers Association
ASA Acoustical Society of America
ASC Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
0
ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
EIMA EIFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
REFERENCE STANDARDS AND DEFINITIONS 01421-Page 192 of 305
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MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI National Elevator Industry
NELMA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association a,
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association o
NWWDA National Wood Window and Door Association
(Formerly: National Woodwork Manufacturers Association)
PCA Portland Cement Association
PCI Precast/Prestressed Concrete Institute
RFCI Resilient Floor Covering Institute
SDI Steel Door Institute
0
SGCC Safety Glazing Certification Council 0.
SIGMA Sealed Insulating Glass Manufacturing Association
SMACNA Sheet Metal and Air Conditioning Contractor's National
Association, Inc.
SPIB Southern Pine Inspection Bureau
SPRI SPRI (Formerly: Single Ply Roofing Institute)
SWRI Sealant, Waterproofing and Restoration Institute
TCA Tile Council of America
UL Underwriters Laboratories, Inc.
WCLIB West Coast Lumber Inspection
REFERENCE STANDARDS AND DEFINITIONS 01421-Page 193 of 305
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WIC Woodwork Institute of California
WWPA Western Wood Products Association
G. Federal Government Agencies: Names and titles of Federal Government
standards-or specification-producing agencies are often abbreviated. The
following abbreviations and acronyms referenced in the Contract Documents
indicate names of standards-or specification-producing agencies of the Federal
Government. Names and addresses are subject to change and are believed, but
are not assured, to be accurate and up-to-date as of the date of the Contract
Documents.
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor) a,
200 Constitution Ave., NW
Washington, DC 20210
0
End of Section 01421
0
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SECTION 01500
TEMPORARY FACILITIES
PART 1 — GENERAL
1.1 DESCRIPTION
A. Work included: Provide temporary facilities needed for the Work including, but
not necessarily limited to:
1. Temporary utilities such as water, electricity, and telephone.
2. Field office for the Contractor's personnel.
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public and E
employee safety.
6. Project sign.
B. Related Work:
1. Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division 1 of these
Specifications.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
PART 2 - PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A. Contractor's facilities:
1. Provide a field office adequate in size and accommodation for
Contractor's offices, supply, and storage.
B. Sanitary facilities:
1. Provide temporary sanitary facilities in the quantity required for use by all
personnel.
2. Maintain in a sanitary condition at all times.
2.2 ENCLOSURES
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A. Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary
construction necessary for proper completion of the Work in compliance with
pertinent safety and other regulations.
B. Upon completion of the Work, remove job signs.
C. Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
2.3 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence or
barricade of design and type needed to prevent entry onto the Work by the
public.
2.4 PROJECT SIGNS:
A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood.
Securely fasten the sign to the building or posts set in the ground as approved by o
Project Management. A design provided by, or approved by Project Management
will include, but not necessarily be limited to: the project name; the Owner's
name; major tenant's names; the Contractor's name, address, and telephone
number, and the Architect's name, address, and telephone number.
PART 3— EXECUTION
3.1 MAINTENANCE AND REMOVAL ,
A. Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
0
B. Remove such temporary facilities, to include existing mobile home, and controls
as rapidly as progress of the Work will permit, or as directed by the Owner.
End of Section 01500
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SECTION 01520
CONSTRUCTION AIDS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Construction aids.
2. Temporary enclosures.
1.2 REQUIREMENTS OF REGULATORY AGENCIES
B. Comply with Federal, State, and local codes and regulations. E
PART 2 - PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the intended use and shall not violate
requirements of applicable codes and standards.
2.2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing, installing, maintaining, and
removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, ~�
runways, platforms, railings, chutes, and other such facilities and equipment
required by his personnel to insure their safety and facilitate the execution of the
Work.
0
1. The Contractor shall comply with all Federal, State and local codes, laws,
and regulations governing such construction aids.
2. The Contractor shall relocate such construction aids as required by the
progress of construction, by storage or work requirements, and to
accommodate the legitimate requirements of the Owner or Project
Management or other separate contractors employed at the site.
3. The Contractor shall completely remove temporary scaffolds, access,
platforms, and other such materials, facilities, and equipment, at the
completion of the Work or when construction needs can be met by the
use of the permanent construction, provided Project Management has
approved and authorized such use. The Contractor shall clean up and
shall repair any damage caused by the installation or by the use of such
temporary construction aids. The Contractor shall restore any permanent
facilities used for temporary purposes to their specified condition.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
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2.3 TEMPORARY ENCLOSURES
A. The Contractor shall be responsible for installing the permanent closure in an
opening in an exterior wall and shall be responsible for installing, maintaining,
and removing, as the Work progresses, a temporary weather-tight enclosure for
that opening as necessary to provide acceptable working conditions, to provide
weather protection for interior materials, to allow for effective temporary heating
and/or cooling, and to prevent entry of unauthorized persons.
1. The Contractor shall install such temporary enclosures as soon as is
practical after the opening is constructed or as directed by Project
Management.
2. Temporary enclosures shall be removable as necessary for the Work and
for handling of materials.
3. Temporary enclosures shall be completely removed when construction
needs can be met by the use of the permanent closures. a,
4. The Contractor responsible for providing, maintaining, and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain responsible for insuring that his work, o
material, equipment, supplies, tools, machinery, and construction
equipment is adequately protected from damage or theft and shallCL
provide, maintain, and remove such additional temporary enclosures as
may be deemed necessary.
The foregoing obligations of the Contractor are in addition to his/her obligations under Article 10
of the General Conditions.
CL
End of Section 01520
CL
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SECTION 01550
ACCESS ROADS AND PARKING AREAS
A. The Contractor shall be responsible for installing and maintaining, until the
completion of his Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.
The Contractor shall remove temporary access roads and parking facilities and
restore the areas to original or required grades.
B. Any Contractor excavating across an access road or parking area shall back-fill
and compact his excavation and resurface the road or parking area to match the
existing surface. The Contractor shall comply with all applicable Specifications
when so doing.
End of Section 01550
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SECTION 01560
TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 SUMMARY OF WORK BY THE CONTRACTOR
A. Section Includes:
1. Water control.
2. Dust control.
3. Erosion and sediment control.
4. Pollution control.
B. Related sections:
1. SCOPES OF WORK
1.2 WATER CONTROL
A. Contractor shall grade site to drain.
B. Protect site from puddling or running water. Provide water barriers to protect site
from soil erosion. Maintain excavations free of water. Provide, operate, and
maintain pumping equipment.
1.3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction
operations.
0
B. Provide positive means to prevent airborne dust from dispersing into
atmosphere.
1.4 EROSION AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage from cuts
and fills, from borrow and waste disposal areas. Prevent erosion and
sedimentation.
B. Minimize amount of bare soil exposed at one time.
C. Provide temporary measures such as berms, dikes, and drains, to prevent water
flow.
D. Construct fill and waste areas by selective placement to avoid erosive surface
silts or clays.
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E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly
apply corrective measures.
1.5 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water,
and atmosphere from discharge of noxious, toxic substances, and pollutants
produced by construction operations.
End of Section 01560
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01590
FIELD OFFICES AND SHEDS
A. The Contractor shall furnish, install, and maintain a temporary field office for
his/her use, the use of his/her employees, and the use of Project Management
during the construction period. The location of the Field Office shall be
determined by Project Management.
B. The Contractor shall furnish, install, and maintain temporary storage and work
sheds to adequately protect his/her work, materials, equipment, supplies, tools,
machinery, and construction equipment from damage and theft.
C. The Contractor shall arrange his/her field office and sheds so as not to interfere
with the construction. The locations of field offices and sheds shall be
coordinated with Project Management. The type, size and location of field offices E
and sheds are subject to approval by Project Management.
D. The Contractor shall arrange and pay for temporary electricity and telephone
service for his/her field office and sheds, if he/she should require such services.
E. The Contractor shall relocate his/her field office and sheds as directed by Project
Management, at no additional cost to the Owner.
F. The Contractor shall remove his/her field office and sheds on completion of the
Work or when directed by Project Management. The Contractor shall remove all
debris and rubbish and shall leave the area in a clean and orderly condition.
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End of Section 01590
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SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Cleaning during progress of work.
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti-pollution laws.
1. Do not burn or bury rubbish and waste materials on Project Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces. ~�
B. Use only those cleaning materials and methods recommended by manufacturer
of the surface material to be cleaned.
0
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
D. Sweeping compounds used in cleaning operations shall leave no residue on
concrete floor surfaces that may affect installation of finish flooring materials.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on-site containers for the collection of waste materials, debris, and
rubbish.
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C. Dispose of waste materials, debris, and rubbish off site at a state permitted
disposal site.
D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by Project Management. Contractor each day
shall collect and deposit in the containers, all rubbish, waste materials, debris,
and other trash from his/her operations, including any trash generated by his/her
employees during lunch periods or coffee breaks. Shipping dunnage is also to be
removed by the Contractor. Paper, boxes and bulk packaging shall be folded or
cut into reasonable sizes and shapes as appropriate and confined to prevent loss
of trash due to wind relocation. Full trash containers shall be disposed and
replaced as necessary to maintain above requirements and/or as directed by
Project Management.
End of Section 01595 a,
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SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Products.
2. Transportation and handling.
3. Storage and protection.
4. Security.
1.2 PRODUCTS
A. Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. Products do not include machinery and
equipment used for preparation, fabrication, conveying and erection of the Work.
Products may also include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
1.3 TRANSPORTATION AND HANDLING
A. The Contractor shall be responsible for the transportation of all materials and
equipment furnished under this contract. Unless otherwise noted, the Contractor
shall also be responsible for loading, receiving and off-loading at the site all
material and equipment installed under this Contract, whether furnished by the
Contractor or the Owner. The Contractor shall be responsible for coordinating
the installation within the buildings of equipment that is too large to pass through
finished openings.
B. Transport and handle products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to assure that products comply with requirements,
quantities are correct, and products are undamaged.
D. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
1.4 STORAGE AND PROTECTION
The Contractor shall be responsible for the proper storage of all materials,
supplies, and equipment to be installed under this Contract. Materials stored on
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site but not adequately protected will not be included in estimates for payment.
Except for materials stored within designated and approved storage sheds, vans,
or trailers, the Contractor shall not bring onto nor store in any manner at the site
any materials and equipment which will not be incorporated into the permanent
Work within seven (7) days from the delivery date. The Contractor shall be
responsible for arranging and paying for the use of property off the site for
storage of materials and equipment as may be required.
1.5 SECURITY
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
End of Section 01600
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01630
POST-CONTRACT SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Post-proposal substitutions.
1.2 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
B. After the end of the proposal period, substitution requests, from the successful
Proposer, will be considered only in the case of:
1. Product unavailability. o
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request with the
following information:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents: .�
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
C. Samples, as applicable.
d. Name and address of similar projects on which product has been used
and date of each installation.
2. Itemized comparison of the proposed substitution with product specified, listing E
significant variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with product specified.
a. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of replacement
materials.
D. Substitutions will not be considered for acceptance when:
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1. A substitution is indicated or implied on shop drawings or product data
submittals without a formal request from Proposer.
2. Acceptance will require substantial revision of Contract Documents.
3. In judgment of Project Management the substitution request does not
include adequate information necessary for a complete evaluation.
4. Requested directly by a subcontractor or supplier.
E. Do not order or install substitute products without written acceptance of Project
Management.
F. Project Management will determine acceptability of proposed substitutions.
G. No verbal or written approvals other than by Change Order will be valid.
1.3 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution the Contractor represents that:
1. The proposed product has been investigated and it has been determined
that it is equivalent to or superior in all respects to the product specified.
2. The same warranties or bonds will be provided for the substitute product o
as for the product specified.
3. Coordination and installation of the accepted substitution into the Work
will be accomplished and changes as may be required for the Work to be
complete will be accomplished.
4. Claims for additional costs caused by substitution which may
subsequently become apparent will be waived by the Contractor.
5. Complete cost data is attached and includes related costs under the W
Contract, but not:
a. Costs under separate contracts.
b. Project Management's costs for redesign or revision of Contract
Documents.
0
1.4 POST-PROPOSAL SUBSTITUTION FORM
A. The form is attached to this section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with back-up data.
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POST-PROPOSAL SUBSTITUTION FORM
TO: Project Management
We hereby submit for your consideration the following product instead of the specified item for
the above project:
DRAWING NO: DRAWING NAME:
SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and
performance to that which is specified. Clearly mark manufacturer's literature to indicate
equality in performance.
0
The undersigned certifies that the function, appearance and quality are of equal performance
and assumes liability for equal performance, equal design and compatibility with adjacent
materials.
Submitted By:
Signature Address
Title CL
Firm Telephone
CL
Date
Signature shall be by person having authority to legally bind his/her firm to the above terms.
Failure
provide legally binding signature will result in retraction of approval.
For use by the Architect: For use by the Owner/Prof. Mgmt.:
Recommended Recommended as noted Approved
Not Recommended Received too late Not Approved
Insufficient data received Approved as noted
By By
Date Date
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Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and
detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades? a,
D. What effect does substitution have on construction schedule? o
E. Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
0
G. Itemized comparison of specified item(s) with the proposed substitution; list significant
variations:
H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($ ).
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
End of Section 01630
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SECTION 01640
PRODUCT HANDLING
PART I--GENERAL
1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to, General Conditions, Supplementary Conditions, and Sections
in Division of these Technical Special Provisions. E
2. Additional procedures also may be prescribed in other Sections of these
Technical Special Provisions.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as
are required to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by Project Management, determine and comply
with manufacturers' recommendations on product handling, storage, and ~�
protection.
1.4 PACKAGING
0
A. Deliver products to the job site in their manufacturer's original container, with
labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact until
time of use.
2. Promptly remove damaged material and unsuitable items from the job
site, and promptly replace with material meeting the specified
requirements, at no additional cost to the Owner.
B. Project Management may reject as non-complying such material and products
that do not bear identification satisfactory to Project Management as to
manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are handled.
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B. Provide protection for finished floor surfaces in traffic area prior to allowing
equipment or materials to be moved over such surfaces.
C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted
by the Owner.
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of
Project Management and at no additional cost to the Owner.
B. Additional time required to secure replacements and to make repairs will not be
considered by Project Management to justify an extension in Contract Time of
Completion.
End of Section 01640
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01700
CONTRACT CLOSEOUT
PART 1 — GENERAL
1.1 PROJECT TERMINATION
A. The Contract requirements are met when construction activities have
successfully produced, in this order, these three (3) terminal activities:
1. Substantial Completion.
2. Final Completion.
3. Final Payment.
1.2 NOTICE OF SUBSTANTIAL COMPLETION
A. Contractor shall submit to Project Management when work is substantially
complete:
1. A written notice that the Work, or designated portion thereof, is
substantially complete.
2. Request Substantial Completion Observation at a mutually agreeable
date.
3. Certifications of systems and testing/balancing final reports.
4. Submit evidence of compliance with requirements of governing
authorities:
a. Certificate of Occupancy (or Completion)
b. Certificates of Inspection as applicable: ~�
1) Electrical systems if required by Code
B. Within a reasonable time after receipt of such notice, the Owner and the
Contractor will make an observation to determine the status of completion.
C. Should the Owner determine that the work is not substantially complete, the
following will occur:
1. The Owner will promptly notify the Contractor in writing, giving the
reasons.
2. The Contractor shall remedy the deficiencies in the Work, and send a
second written notice of substantial completion to the Owner.
3. The Owner will re-observe the Work.
D. When the Owner concurs that the Work is substantially complete, the following
will occur:
1. Project Management will prepare a Certificate of Substantial Completion
accompanied by the Punch List of items to be completed or corrected, as
verified and amended by Project Management. Contract responsibilities
are not altered by inclusion or omission of required Work from the punch
list.
2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the certificate.
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E. Contractor shall complete or correct items identified on the punch list and
required by the Contract requirements within time limit established by the
certificate.
1.3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities pertaining to
substantial completion, complete Work on punch list items and submit written
request to the Owner for final inspection within thirty (30) calendar days of date of
substantial completion.
B. When the Work is complete, the Contractor shall submit written certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract
Documents. a,
3. Work has been completed in accordance with the Contract
Documents.
4. Equipment and systems have been tested in the presence of the Owner's
representative and are operational. o
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status of
completion with reasonable promptness after receipt of such certification.
D. Should the Owner consider that the Work is incomplete or defective:
1. The Owner will promptly notify the Contractor in writing, listing the W
incomplete or defective work.
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner that the
Work is complete.
3. The Owner will re-inspect the Work.
E. When the Work is acceptable under the Contract Documents as determined by
the Owner, the Owner will request the Contractor to make close-out submittals.
Warranties & Guarantees for everything will begin at Substantial Completion.
1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER
Contractor shall provide two (2) hard copies in tabulated divided binders and one (1)
saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered
on a common electronic form (i.e. flash drive) of the 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.
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E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
1.5 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders.
b. Allowances. a,
C. Deductions for uncorrected Work.
d. Deductions for Liquidated Damages.
e. Deductions for Re-inspection Payments.
f. Other Adjustments. o
C. The Owner will prepare a final Change Order, reflecting adjustments to the
Contract Sum which were not previously made by Change Orders.
1.6 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in accordance with W
procedures and requirements stated in the Conditions of the Contract.
End of Section 01700
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SECTION 01710
FINAL CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor's cleaning at completion of Work
1.2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances,
regulations, and anti-pollution laws.
1. Do not burn or bury rubbish and waste materials on the Project Site. E
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or
property and which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer
on the surface material to be cleaned. ~�
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
0
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials in a controlled manner with as little handling as possible.
3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and
other foreign materials from sight-exposed interior and exterior surfaces.
C. Polish glossy surfaces to a clear shine.
D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds.
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E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-
exposed interior surfaces, exterior surfaces and work areas, to verify that the
entire Work is clean.
F. Clean tunnels and closed off spaces of packing boxes, wood frame members
and other waste materials used in the Construction.
G. Remove temporary labels and stickers from fixtures and equipment. Do not
remove permanent name plates, equipment model numbers and ratings.
H. Remove from the Site all items installed or used for temporary purposes during
construction.
I. Restore all adjoining areas to their original or specified condition.
End of Section 01710
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Contractor shall:
1. Maintain at the job site one (1) copy of:
a. Record Contract Drawings.
b. Record Project Manual.
C. Coordination drawings.
d. Addenda.
e. Reviewed shop drawings.
f. Change Orders.
g. Other modifications to the Contract.
h. Field test records.
0
1.2 GENERAL
A. Store documents in cabinets in temporary field office, apart from documents used
for construction.
B. Maintain documents in clean, dry, legible condition.
C. Do not use Project Record Documents for construction purposes. ~�
D. Make documents available for inspection by Project Management.
E. Failure to maintain documents up-to-date will be cause for withholding payments.
F. Obtain from Project Management (at no charge) two (2) sets of the Contract
Documents for Project Record Documents including:
1. Specifications with all addenda.
2. Two (2) complete sets of black-line prints of all Drawings.
1.3 RECORDING
A. Label each document "Project Record".
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been
recorded.
D. Contract Drawings:
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1. Required information may, as an option, be entered on a "working set"
and then at completion of Project transfer the information to final
submitted "Project Record" set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to survey
data.
b. Horizontal and vertical location of underground utilities and
appurtenances referenced to permanent surface improvements.
C. Location of internal utilities and appurtenances concealed in
construction referenced to visible and accessible features of
structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of each o
product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
C. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts and similar items are in W
most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 1" on the centerline of items shown
schematically.
b. Identify each item, for example, "cast iron drain" "galvanized
water".
C. Identify location of each item, for example, "under slab", "in ceiling
plenum", "exposed".
3. Project Management may waive requirements of schematic layout
conversion, when in his opinion, it serves no beneficial purpose. Do not,
however, rely on waivers being issued except when specifically issued by
Project Management in writing.
1.4 SUBMITTAL
A. At completion of Project, deliver Project Record Documents to Project
Management and one (1) saved electronically tabbed and indexed copy in Adobe
Acrobat file (.PDF) format delivered on a common electronically form (i.e. flash
drive) prior to request for final payment.
B. Accompany submittal with transmittal letter, in duplicate, containing:
1. Date.
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
2. Project title and Project number.
3. The Contractor's name and address.
4. Title and number of each record document.
5. Certification that each document as submitted is complete and
accurate.
6. Signature of the Contractor, or his/her authorized representative.
End of Section 01720
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01730
OPERATION AND MAINTENANCE DATA
PART 1 - GENERAL
1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION AND
MAINTENANCE DATA
A. Section includes:
1. Format and content of manuals.
2. Schedule of submittals.
B. Related sections:
1. SECTION 01301 - SUBMITTALS
2. SECTION 01700 - CONTRACT CLOSEOUT
3. Individual Specifications Sections: specific requirements for operation
and maintenance data.
1.2 QUALITY ASSURANCE
A. Prepare instructions and data by personnel experienced in maintenance and
operation of described products.
1.3 FORMAT
A. Prepare data in the form of an instructional manual.
B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback,
cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are
used, correlate data into related consistent groupings.
0
C. Cover: identify each binder with typed or printed title OPERATION AND
MAINTENANCE INSTRUCTIONS; list title of the Project and separate building;
identify subject matter of contents.
D. Arrange content by systems under Section numbers and sequence of Table of
Contents of these Specifications.
E. Provide tabbed fly leaf for each separate product and system, with typed
description of product and major component parts of equipment.
F. Text: manufacturer's printed data, or typewritten data on 20 pound paper.
G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold
larger drawings to size of text pages.
H. Provide one (1) indexed digital electronic copy of all Operation Maintenance Data
on a common current electronic format (i.e. flash drive).
OPERATION AND MAINTENANCE DATA 01730-Page 221 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1.4 CONTENTS, EACH VOLUME
A. Table of Contents: provide title of the Project; names, addresses, and telephone
numbers of Project Management, consultants, and the Contractor with name of
responsible parties; schedule of products and systems, indexed to content of the
volume.
B. For each product or system: list names, addresses, and telephone numbers of
subcontractors and suppliers, including local source of supplies and replacement
parts.
C. Product data: mark each sheet to clearly identify specific products and
component parts, and data applicable to installation. Delete inapplicable
information.
D. Drawings: supplement product data to illustrate relations of component parts of
equipment and systems, to indicate control and flow diagrams. Do not use the
Project Record Documents as maintenance drawings.
E. Type text: as required to supplement product data. Provide logical sequence of o
instructions for each procedure, incorporating manufacturer's instructions.
F. Warranties and bonds: bind in copy of each.
1.5 MANUAL FOR MATERIALS AND FINISHES
A. Building products, applied materials, and finishes: include product data, with W
catalog number, size, composition, and color and texture designations. Provide
information for re-ordering custom manufactured products.
B. Instructions for care and maintenance; include manufacturer's recommendations
for cleaning agents and methods, precautions against detrimental agents and
methods, and recommended schedule for cleaning and maintenance.
C. Moisture protection and weather exposed products: include product data listing
applicable reference standards, chemical composition, and details of installation.
Provide recommendations for inspections, maintenance, and repair.
D. Additional requirements; as specified in individual product specification
Sections.
1.6 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Each item of equipment and each system: include description of unit or system,
and component parts. Identify function, normal operating characteristics, and
limiting conditions. Include performance curves, with engineering data and tests,
and complete nomenclature and commercial number of replaceable parts.
OPERATION AND MAINTENANCE DATA 01730-Page 222 of 305
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B. Maintenance requirements: include routine procedures and guide for trouble-
shooting; disassembly, repair, and re-assembly instructions; and alignment,
adjusting, balancing, and checking instructions.
C. Provide servicing and lubrication schedule, and list of lubricants required.
D. Include manufacturer's printed operation and maintenance instructions.
E. Provide original manufacturer's parts list, illustrations, assembly drawings, and
diagrams required for maintenance.
F. Provide the Contractor's coordination drawings.
G. Provide list of original manufacturer's spare parts, current prices, and
recommended quantities to be maintained in storage.
H. Include test reports.
I. Additional requirements: as specified in individual product specification Sections.
0
J. Provide a listing in Table of Contents for design data, with tabbed fly sheet and
space for insertion of data.
1.7 SUBMITTALS
A. Submit two (2) copies of operation and maintenance data for review by Project
Management prior to Final Inspection. One (1) copy will be returned with W
comments.
B. Submit the required number of copies per each Specification Section or two (2)
copies each if not specified of approved data in final form within ten (10) days
after Final Inspection.
C. For equipment or component parts of equipment put in service during
construction and operated by the Owner, submit operation and maintenance data
within ten (10) days after acceptance.
D. Submit two (2) copies of approved revised volumes of data in final form within ten
(10) days after final inspection.
End of Section 01730
OPERATION AND MAINTENANCE DATA 01730-Page 223 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
SECTION 01740
WARRANTIES
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for the
Contractor for warranties required by the Contract Documents, including E
manufacturers standard warranties on products and special warranties.
1. Refer to the General Conditions for terms of the Contractor's period for
correction of the Work.
0
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section "Submittals" specifies procedures for submitting
warranties.
2. Division 1 Section "Contract Closeout" specifies contract closeout
procedures.
3. Certifications and other commitments and agreements for continuing
services to Owner are specified elsewhere in the Contract Documents.
C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on
product warranties do not relieve the Contractor or the warranty on the Work that
incorporates the products. Manufacturer's disclaimers and limitations on product
warranties do not relieve suppliers, manufacturers, and subcontractors required
to countersign special warranties with the Contractor.
D. Separate Prime Contracts: Each prime contractor is responsible for warranties
related to its own contract.
1.3 DEFINITIONS
A. Standard products warranties are preprinted written warranties published by
individual manufacturer's for particular products and are specifically endorsed by
the manufacturer to the Owner.
B. Special warranties are written warranties required by or incorporated in the
Contract Documents, either to extend limits provided by standard warranties or to
provide greater rights for the Owner.
1.4 WARRANTY REQUIREMENTS
WARRANTIES Page 224 of 305
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A. Related Damages and Losses: When correcting failed or damaged warranted
construction, remove and replace construction that has been damaged as a
result of such failure or must be removed and replaced to provide access for
correction of warranted construction.
B. Reinstatement of Warranty: When Work covered by a warranty has failed and
been corrected by replacement or rebuilding, reinstate the warranty by written
endorsement. The reinstated warranty shall be equal to the original warranty
with an equitable adjustment for depreciation.
C. Replacement Cost: Upon determination that Work covered by a warranty has
failed, replace or rebuild the Work to an acceptable condition complying with
requirements of the Contract Documents. The Contractor is responsible for the
cost of replacing or rebuilding defective Work regardless of whether the Owner
has benefited from use of the Work through a portion of its anticipated useful
service life.
D. Owner's Recourse: Expressed warranties made to the Owner are in addition to
implied warranties and shall not limit the duties, obligations, rights, and remedies o
otherwise available under the law. Expressed warranty periods shall not be
interpreted as limitations on the time in which the Owner can enforce such other
duties, obligations, rights or remedies.
E. Where the Contract Documents require a special warranty, or similar
commitment on the Work or part of the Work, the Owner reserves the right to
refuse to accept the Work, until the Contractor presents evidence that entities W
required to countersign such commitments are willing to do so.
1.5 SUBMITTALS
A. Submit written warranties to Project Management prior to the date certified for
Substantial Completion. If Project Management's Certificate of Substantial 0.
Completion designates a commencement date for warranties other than the date
of Substantial Completion for the Work, or a designated portion of the Work,
submit written warranties upon request of the Owner.
B. When the Contract Documents require the Contractor, or the Contractor and a
subcontractor, supplies manufacturer to execute a special warranty, prepare a
written document that contains appropriate terms and identification, ready for
execution by the required parties. Submit a draft to the Owner, through Project
Management, for approval prior to final execution.
C. Form of Submittal: At Final Completion compile two (2) copies of each required
warranty properly executed by the Contractor, or by the Contractor,
subcontractor, supplier, or manufacturer. Organize the warranty documents into
an orderly sequence based on the table of contents of the Project Manual.
D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring,
vinyl-covered loose-leaf binders, thickness as necessary to accommodate
contents, and sized to receive 8 '/2 x 11" (115-by-280-mm) paper and one (1)
WARRANTIES Page 225 of 305
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saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive).
1. Provide heavy paper dividers with celluloid covered tabs for each
separate warranty. Mark the tab to identify the product or installation.
Provide a typed description of the product or installation, including the
name of the product, and the name, address, and telephone number of
the Installer.
2. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES", Project title or name, and name of the Contractor.
3. When warranted construction requires operation and maintenance
manuals, provide additional copies of each required warranty, as
necessary, for inclusion in each required manual.
0
END OF SECTION 01740
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EXHIBIT A
Department of Labor Wage Determination
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"General Decision Number : FL20200022 09/04/2020
Superseded General Decision Number : FL20190022
State : Florida
Construction Type : Building
County: Monroe County in Florida .
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes or apartments up to and including 4 stories) .
Note : Under Executive Order (EO) 13658 , an hourly minimum
wage of $10 . 80 for calendar year 2020 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1, 2015 . If this contract is covered by the
EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10 . 80 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent
performing on the contract in calendar year 2020 . If this
contract is covered by the EO and a classification
considered necessary for performance of work on the
contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process
set forth in 29 CFR 5 . 5 (a) (1 ) (ii) (or the EO minimum wage
rate, if it is higher than the conformed wage rate) . The
EO minimum wage rate will be adjusted annually. Please
note that this EO applies to the above-mentioned types of
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not
apply to contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5 . 1 (a) (2 ) - (60) .
Additional information on contractor requirements and
worker protections under the EO is available at
www. dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/03/2020
1 05/15/2020
EXHIBIT A Page 228 of 305
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2 08/14/2020
3 08/28/2020
4 09/04/2020
* ELEC0349-003 09/01/2020
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 36 . 36 11 . 82
-----------------------------------------------------------
ENG10487-004 07/01/2013
Rates Fringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80
-----------------------------------------------------------
IRON0272-004 10/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99
-----------------------------------------------------------
PAIN0365-004 08/01/2020
Rates Fringes
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 83
-----------------------------------------------------------
SFFL0821-001 07/01/2020
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 88 19 . 75
-----------------------------------------------------------
SHEE0032-003 12/01/2013
Rates Fringes
EXHIBIT A Page 229 of 305
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SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
-----------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00
LABORER: Common or General . . . . . . $ 8 . 62 0 . 00
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00
c�
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15
-----------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
EXHIBIT A Page 230 of 305
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-----------------------------------------------------------
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave for Federal Contractors applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
January 1, 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year . Employees must be permitted to
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care; to assist
a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related
needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like
family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information on contractor requirements and worker
protections under the EO is available at
www. dol . gov/whd/govcontracts .
Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) .
-----------------------------------------------------------
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the
area covered by the wage determination . The classifications
are listed in alphabetical order of ""identifiers" " that
indicate whether the particular rate is a union rate
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than " "SU" " or " "UAVG" " denotes that the union
EXHIBIT A Page 231 of 305
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classification and rate were prevailing for that
classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the union
which prevailed in the survey for this classification,
which in this example would be Plumbers . 0198 indicates the
local union number or district council number where
applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1 , 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the " "SU" " identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in
the survey for that classification . As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example :
SULA2012-007 5/13/2014 . SU indicates the rates are survey
rates based on a weighted average calculation of rates and
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination . 5/13/2014 indicates the survey
completion date for the classifications and rates under
that identifier .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
EXHIBIT A Page 232 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
08/29/2014 . UAVG indicates that the rate is a weighted
union average rate . OH indicates the state . The next
number, 0010 in the example, is an internal number used in
producing the wage determination . 08/29/2014 indicates the
survey completion date for the classifications and rates
under that identifier .
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
----------------------------------------------------------- Q
U
WAGE DETERMINATION APPEALS PROCESS
0
1 . ) Has there been an initial decision in the matter? This
can be :
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be
followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue, N .W.
EXHIBIT A Page 233 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) .
Write to :
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party ' s position and by any information
(wage payment data, project description, area practice
material, etc . ) that the requestor considers relevant to
the issue .
3 . ) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals
Board) . Write to :
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
-----------------------------------------------------------
END OF GENERAL DECISION"
EXHIBIT A Page 234 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
EXHIBIT B
Monroe County FDEM Agreement
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EXHIBIT B Page 235 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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EXHIBIT B Page 236 of 305
Packet Pg. 1738
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
�SUE!GRANTEE A19D CONTRACTUAL
AGREEMENT
I NI= RiRR R•dEE '
VI VI SION_ ° BUREAU, ;av 1z"k R R - 7 = dq I,E'q
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EXHIBIT B Page 237 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS m:
RECIPtENTt81lSR CIPEENT VS.,' ENOOR DeTERMIMATION
f riis cntckli 4 and the slandarrd contract audit language may be obtained eleclroh lly fr[iFri;the FXeei`f�.fe OjfiCe of the
G,ovegnor's w4+ebsit hirr p
If a Florida Single Audit Act tare Pro*j elen-nrtiatiran Checklist has,not been previusiy complei d,please oamp t pi
srr a , •( ppli only to stateenca s)
This the kliat M,us!be used by Slate ag ortes tc€valraata the applicability of the Fl,anda tng?i ktdil Act lF )to non,
state a arganizalions.'.after a state pce rarer has been daterm'red(using the F nda,Single Audit Act,SUate Prati t
Detenninati a .h klist,t ta pr 'ri e state financial asp=stance�i a ls a State Ptoo,ec:t as defined ill 5, s f2iirt,F S) ]„hi
chec,061 ass,, 1:s art determi d the riori-state Carganiz tun rs a v nd'ar,recipicnusubifeciipient,ur 8n eX rript org nUalmn.
A non-state tirganszaticin is defined as a n ini organ,a tion,for'-praiiii cr?anizalicin tinciijoing soie prcpn t rs}, iir
F Iowa,ocaf g,&rn meant i`ua: uding district,school Words,charter solhools and community uov(egies),whNch roc&roe
State resources,
�
Reciplorkts And;suibr cipionts of state finarscial as is"arse rriusl alga use ibis Checkhsj to evaluate the.appi' trality of the 0.
FS Ato nqn state organizations Ica which trey provide Slate resources lrs assist in carypnq out a State Projeol, �
0
Nanm of Ron rate Ag nr,zW.=r ht,=fr& .,e1
ton-Stag OrganiZ tro :_r aul Gcwotoe l it
(i.e, nwiprohz,lor-pri:at'd,.local goviemrrnent it the non-stale organization is a local gouwnrnemt..,p1ease,indicale the lyp4,,or CL
J cal gcvein"in r't—Pnijnicipal,ty,county carnmosicin.c ,stitijtion.ail oftar"er,stater management ment aistrrcl:we
Awarding y
T r[J&of Stale F'toed r-dhdaf it Ri i lic i
Cata3pg tf Slate FJnan621 As-SiStar_Tt(CSFAf NUFT r
l;on1ra VQFankrAgre nt um eiie ZQaD
PART
T is the nioii. We-rrganiza.Iionr a cipstrict scMiaol board,Vviler -pool.corrirniorligy Hege;
reoDlrr nJpuLlrc CL
unf=v Sily ouM)der Of Florida of a Fairer"al ag ri '
2. 1s the roiationship with the non-state organization only to procure and r s Baas defined in
3 Does the reiabons ip 0 Ine non state organirallon consist of only FNerat resDuvcez Slixte CL
m tchitng r scarce's for ted'eralFirograms.dr ldca,matching re ^iarcaet rar Feder" I,Pr rai ms
4, 000S.lht�eelatdnship eras the non-skald organilalicin tonsi of only 5tatt ma;ntOnani of 3effart:
ttr OEF r soorc s that rneet all of the following criteriall
x A. Dry Federal Regulations specify the requiremerim for the use of the •tale MOE resources and E
are there no id4ional Staterequvrefne,M7
® X 0 Do contracK contain sufficir t ranquai identity Me Slate M0,E rnour s and the associated
Fed at Programl
25 D Do A-133,audit re uirements aica y zo the, tam,r'o1 E resources and du too teat%lbou' to Ihal
Iho Sta¢e,MOE i usourcessftuld be tester!in ari A-!33 audit in accordance Mh Ferlierat
E referrs to the Federal rnairlteinaii •Cif effortfl'e%,V of effort aegrlintinews as d&hri by[dolt,Circular'A-1 i3
Corn lian:k RegsaiW1'Wt Or( Satchtng,tenet ofErfforil,Earmarking)
If any of 14 above is you the,m6pionYv ndor Ferationship del rrninaJiQn does not n to completed hawse the
FSAA le net applicabite to the non-stale oirgainizatkan.
Revised January 0,1 2002.
Form NUrnber,F8 L
EXHIBIT B Page 238 of 305
Packet Pg. 1740
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
PART e
The telkwanng should be analyzed for each refationsNp wRh e -state ergani,2ati4n w heae it has been felerm,nerd 1hal
the,stet:p'Wagrar prov16es state f€nanc9 ail assistance .is a State Pn ect)arrd the nor.-slate of anizalion,s,not exempt
ba,5ed crt t %jevgons above This relation fiip rrray tar avidenced by, buf not ,sti r, to,a contract,agreement,
applicafioan.
DES
1 Does Starle law or legislet:ve prgvisp create the nr n—vaie rirgana ation to card;out t'i ois State ro*!,?
_ 2 is the non-state ga6.7aiiian required to 1promde matching re surces npt related tea o Federal Program?
3 is the non-state oeganizaton required to m t tar cOMP,t4 aVjth:w.,cifieciSmie Pr'oJr a rr uar crrenrs yn
arder to recowe Sim@ ms urc s? f State Project requirements include iaw ,rvaies,war 9W'del na AFCr rf
to the State F(rai Mv SuCih as el-gibility gaidefliAes, gpedfied types of Jobe;to be,cttiawd,danaton of
spwzcl5ed assets,e'tc Specified State Project re^quirenzerr8s do not inoOW42 p dure',ment standards:
general giwdwines.atr generai lawV uies,)
is the non-state organization regoired to m.aKe Slate Projev,-derisions,which the smre agencv WoutO
wterwise rnake? to g d e-ampn eigmity,pr"Ain-case monagemenf.flft
5 tta bte n ra tata4 wr a m att ra°s perfcrnaa°nc measarted again-.1 whether Stage Projed adjectives arae ritet7 E
® (e.g nL;mber of bb-,to be eReatedt,number of patients to be seen„ number 04 disadvantoger1 oialzehTs to U
he transported etc, Perlbcmance.measures may or ma�r�null be related ta•Slate per fofffrance-ba se
kr d ebng:
If ia;ny of the abWawe is yes.mere is a recipient subre6pl.e 1 refaWnshap and the nord.st to onganaxal n is srrbaeet try the
FSA& Othe-mse ihn ftOrt-StWa organitatattn is a viondor and 75 not subject ta.the SAAi
0
PPIT
sated e!� r ur analysis of.0-se res;p'onses above and disUssiens with appropriate agency personnel, data your U=IuSibn
regarding Inc non-stam organization
,(Check one) R ipfent uibrectplerrt 'yemdor. ........ ........ Exeirnipt rg4nizatlon'. µ, ,
Comments,
Print Name:t„ Telephone N,u bet:. ifi -4A.Ug
W
ate
Sargrrature: �' ..N.�,„ ,., � Dater�, � �= �.��� ICL
Nam if is the prograin personr l's responsibility to notify Finafme aind Accounbrig of which non-Mate„ergan,zab ns,have
b o determined to be;recipients,and.are neoeivingisiaw financial assistance 01 e mist be, carded as 7500
object oodem F'LAI
Nare,PI As s.srb(6,�a have sr cotQractgmf iva" oof VW1.1r a non-stab organ,aal'fon uyaor Chapfrar`281,Fda cda ref afos,and
-50f cortsxf"',h flon,st"We orgamt aeimi,a r opiPn!rtaa ee the FWh* WgAe;"do. rf".
If a r r,pr0-ntNubr rp,errt r I taSnrfihpF xi 't INY standam UNnUatW audit l °ig'uage,in using Iexh bil 1,ffluSt M iftcluded in:
the document that,established the Srate" ,recORnt's.or Vitireci ie,t s relatiorkship with the nmra-state r ganiz;,nion
Ctuestiens re ar irig the evaluatirn of e non-slafe organiza6on or if tt teas beer,delerrndined that Vto non., t,at organu�ilj n
is a r u%)ient and a C FA nurnb r hati rot been,assigned,r m 1.your FSAA State a eney foais n La me E'.xecutwe Office
at the cave nu'E";0 frcr of P&Y-yf and Budgot,,Budget fat ra gornor.t.Policy Und at(850)487-3832 W Su rrat'r1,277- 9 2,
Reference rra,yr be mere to Rule 70-1,FA .
Revised January 01,2002
Farris Nomberr, FS L2
EXHIBIT B Page 239 of 305
Packet Pg. 1741
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
C-ONn7rsetNumbmra
FEDERALLY-FUNuEo SUBAWARID AND GRANT AA RREV aF--ur
R_VG0 9 %rya s rhm;a s:u5nw M€m Y W groyidPd lheaug.,! arse•rom onegai� +a�r���€Pl., .'��€€ an
agg w.gwnoril Mat kw'n�a��.,4`'tsiarhhTr v ps@t,"t cons,urs 6
AS defifl W Ly 2 C F,R §Z00 r•"paga,11-4 ugh onld"f means lha,1 Nar vilAss; mitA card to a
Subu R°ap,�"v t I'm N'a ry out r'r r 1"a l-pdural A r aa's5."
A,5 oetred by 2 C,fr.R -§.)00 Oa, me am* a n �F Ea,enhty 01�-1,1-um es a su arwwri lroni a E
pasa-LWougoarmpg to carry rj�r pan Ora F a.a. fog'am'° �
-S deP,ned by 2 r F,R 2 ,VJ,I edew, l avoairlu,,,.mewmi'b'eu rsN Ulal.0,r6:rN,•FOrral pail r
'eCea•a>G"at dweelsy lvain a redwal 3wa-aowi gq or indirevfly from a pass-®hmi gh 0 Ranly...... "
dvl5prij O-f�C F R §2W W.'subaiwMarrl•m,emn%`w4a award prooded by a eMly 10 a r -
R ^6nl:',ar 00 W-ft,0pZ+'ht 1 C,Arry,.;�4jI pac;of a;F ee4l al Sword 9"Mxj Oy lhe p s-mi igh 0e-N1lly,
f)
Pw-R4.Ior+%mmq,,gnfioimt�abc'ti.s p;v.i,4r,,d reuTs ont 10 2 C F R,5'+i�Y',:.6,17I,"ai�.11'.
Sala- ap evm'a rsaone r .,
Y
a Pi'k IDTIPS Pbra€r`wlypr; rq
FiC-O,pral�r a:`d 1 Is1,w 'lls rs Nrmiter(FAdI'
Suba,mary Flm.ad o0 Perti'�ri7';1; :^:,,e Shill Afkd�rld CWvi ta`•'.�w€�4 ..,.- �.1_��4 c rM" �..s
, rsn0.` i l' a,ae h`u€ i ,Ck3t ",z�la v N€; r� e:[ mw?.
of the F ujorai',Awa nJ mrntmeo to llh
by Ih€ir!W0 0 Ghrough emh€ R,% ` n� 0)
N=aderM ward rw q' t,41 crrn;.'s kr rl-&ee FN3 T,A,,r
Narm,h iM Fu 'ralawardwg a rv-
m r P, `n-v
r'r, rC •i. r2�,��..
N.—Ws N.-WiLl or Pb •hr '1lh erl— Fg €m°<:
EXHIBIT B Page 240 of 305
Packet Pg. 1742
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
Csflalcg Of Uede r,DweStt MS,, mz ve(C 0A)Wumber arm Name
k`Ifectg:D&Trage Mf=1'K'f4t10rxIA mw,
.N
U
0
CL
tt7
CL
CL
U
EXHIBIT B Page 241 of 305
Packet Pg. 1743
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
t„ IIS AG,RE HlENT l @11t@r d mbo by the$late al F1arld.0ivision VE.motgericy manageWhim*,
with headouariers.in Tallahass^ s Flbfida(hereln4aft@r re9'errad to as the `0ivisron,,,) arm
(f*lbirlaflei referred 1,C.as Vie,„Sub-Reclp, nt")
For ttse purposes #girls Agreement.like Dlvisipas serves,as the pass•1larough ervioty for a Pederall
award and thu,Sub-Recipie l wrvos s they rec e nt(A a suba :r ..
11i',,'S ABC EEr1, NT tg f-NTEREO It T F1 [ €N 1,,,HE 4 L i dl RE. RESENTATIONS
A� The Suter,Recip*nt represents mal it is fully g;ualtfied and grarlt fund
it provide the sere c &identified hieDrem,
The Brag of Rorm a faom lh6 Federa'!��"wvrnaunt.aped:he �
,Division hos the=a,vlhor4y to spulxgrarl these fund%to lhra Sub-Recipi t kipom Pia l rr-s and Lcono,10r;s �
gum-Ir1alo•w,and
C, Tito orris om h,a's sta-lu ary dFieh rity to dlsbur e the fjm1s under this gr "%@ht: �
T11E t;F RE,ma E)�as: ieai a.i he Sub-R c Aorta agn6o tD the follcWi
E7mMEt,g
FA §20OM2prov4ps ' say state must exPerW and account for tfie Fode I award
n oaa ae4h state laves and prc,zrures for expendRftj, aria accaatntlg for 1he St1 `saa 1ains,,'
ctr
CL
F'orid ,Saz1u1es, ntd€ i<.. gwnaer:ls iun3ee with fcrai ca slime-
'an 9slahca",.applies to 1his Agrvemenl,
i The Se peijorTmance Wndef Mhos Agfeenaent is Hsu cttl to 2 C.F R,Part
,entitled'Undami.Ad"r w jjralia+v Req�joreme-sq .C(vst rancipl' s,are, AWAM uir'errsent15 for F io rai
Awards
4), a3%re ulre by Sevlvon 215,.971(1) Ronda Ia-u s,ths:s Agfeern l sfiaxud : CL
iA prrnmsiroft sbecify¢ng a qc of work that clearly t saWith,@s tlhe tasks lh
theSub-Roc:ipiem is r gur*d ire perform
IF, AS,peovr,s n 6vidiag, the Nieernent Araks Quantlflad€,e units c� than. CL
must be r el and accepted in wraAng by the Etl°visicrt Wore ffayrnaf,3 Each deir"rab"lo Fri st be
directly r lotod to!,he e or Wdrlc an sp=ec:sfy th 'te-q aar'ed ini uMa,1 1 of WMre to be per8ftrmO
0)
fhd 1 r c.il r;ia 1 a-1vollrg t•tie succesisow wn'7'al lcra of each dehveiro r .
t'I A provis n:ppedfyln:q 1 ire firanciat Coris uealses,that appiy if lVw Sub-
ReQpc-M?ails 10 p rfor,irm the rfiim ra r'„ 1 of service r gsn,fed by the agreertient,
IV A,provision speciflymq tharl tl SuI ' iril st may,expend funds Warily°fax-
allow-able•cr$15 Timiting from obllgali ns intui read during the specifkad agreement ent peril
w. A,prcvisi r sp -'Nmng that any koala$ &I`ur vial gat fwnd&which has beeat
�v nced r paid rnus.f be rel'und4d to the 0vvision
EXHIBIT B Page 242 of 305
Packet Pg. 1744
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
wi Via.peovisron sp,ecAying that bny,kinds paid are of th&amorunt to%Ohii�,l1
gh rib--3Recippent,;s mirmw under the terms a i condi t'.ons of the aqfeeffletl,must be refuw,^_d to th
Division
c., In addmon to the wcTuing,the ubr,R&-%Aertl and the Dig dv)S II be governed by
elf aoplica ! -1511me anci Feoofat m.,rules anc regoJl giams Any express refefeilre sr�'.hoi Agreement 1
dOertular s[afl ,ruie.or requiagicyn, in No wwy laa,ol9eres tFa'ca°oafterrt •'iq-mie or tgrsV` 1aa pq .
Irr ac��rdartC�w€tlt sracti�rm�t.� 7'1� j, I�f�r7d.��t�f�fs.the 4"i�e{�ra' raiQ
Manager shill be roaperas ale for enforcing pry o,ance- f this qr erneam's wrils aod wridmors ars,d
,�Jlofll,serue as the 0ivi$i0tq S iia=•son wil One his pad Qf his0wr duliar,10-ve Grant hAzmagor
for ih e BeiJision shalt,
s.. M010r 31sd drunemf Su -Reop3f1't fa°arforntarsce.and. �
u kovww and ece—um nt an aoivoerabies for whish the yam;b-Revlpleail requests
, dsrtef t..
. To Droision'z Giant MW,,Jgdw for this Agreement off° 115
Lihma fFrgc a , CL
H5' humar Ilk Blvd,S1er.36
r 1 )hwie. $50-81S-441
w1re*�r4a Lsldl:ta,.F};;rd�s �rti"s rttls�l�rlda�orr�
� rrMw r��nt€r a,r�d d"rat;��tf1 I�t4pr ��s�tatrae of thy.�r�af� �i �ra1 re�ps� 4�far ..,�
the adm inast$ In of ll'r*dgresnerAt A.
Laura deLoach-Hart e CL
Key—jest. pf�3 0 11g^
Te° hrar 3g fl2-4 4 2 CL
E ail t�lo�rr hh r f =laura aarr tt oil ,rl
ct. t�fq�a rsvr'at"treat drffe ��t r� r���nt�ti�°�s car aden�+�s �a�°�d�a�naCe�by il �r;p�ds
after execution 0 M4, gr erhen.l, griLc of t11'e Herne,fitle,and adam%s d tho ii*w WreKmtahvem it
pmOche to Me 04har piMy in wf ling via,ie°tar°or electran c ems l:11 is the,dub- eciprent s rq ns.1,N%,to �
0011 r 10 its us rs.in the F IwWoPA or %website.OBIy the A E�lo.orozed or rlr ala-y A. emrm idbnlff t on Roma
Dvmgnaton of Awhiorily(Ag nts b°'n At:tarP men!D may,aulh prize ad sit n r romirye-0B of ao3ency wrws,
EXHIBIT B Page 243 of 305
Packet Pg. 1745
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5
P4l "V C "it tTION§
This Agreemorit daaMAO:&a the terma and wdiliony,agreed upon by Wie tumms
( ) C#ECUTIQN
T h l A r m t may be ek-ecvw fn any number of c ke'f��rt�_;any One of W111F4 W friav
be taken sail an original.
LP CAT IJQN,
other paartyt rria�rt;.i adrf'ftr7 raf the prciras.,,ana raft€lets r reerraaa'I' Changes.
vrah zh acre agreed VPwt shall be valid om'V W herr:in,writing, signed by e ch OAhe parries,and attached to
the cr.�snal of tl'o$Atpreerrarat.In oroar for ti PdG.'j ;t 10 be elig."�'se for rimwwbu,rs ;nt,a mlDc. L: ri to ihuz �
agre(�10*41 oaiust be exec°ori el inCorporating,the Prcieclas r ermfieaf by number,bwdqet,,arid sccpe of E
woo, Pr jatctd.nai at Ir,aeft say rnodtficat on will be ineiiavcl for fundung,regar,61es j of f oderai appro ew fn,r
th'o Project
The' uh-Red wi l shaV perform the work in 0( rdafte WAh the. uGi��l aaa��f�roy�ct:Li,�t
Attachment A and Scope f' ,Deliveraves a nd I9lraan l n epsr noes_ klactirrent 8 of this
Agreement CL
Aq-a F t~Mj 7
This Agraerrtertl O alr be in upon execjAi n by both pamess and sell end 8i (8�monthfs
Prdaia the date of declaraifion for Emergency)Work MAtegorlas A.&if l,or eightoen I10)months froana
than date of iteclorotion for Permanent Worts{Categories ),,aim s liitdma ,ivlod earlier in aocordance
will ttta prclirr,sffa�rrlt,t7,f rf' ra�s A�rernerrt n . tn °ilk the define°ii of"ar, d cf'
o—erfoema;ice'cernalned in 2 O.P 13 200 77,the rerm"p; ri of grearnar-i'refers WIN urns during
w tch Vhe u" -Pie„i`may incur,net^odtr a"Oorts 10 cw,ry out the cacti$atitr,orric ur e.r'this CL
,Agreerneit Irt wrdacg.tiaa°Ash `!a- , 4 ."n �aC Ieiie,'l rl�ark Biv irbuas ar�C sti '
bars.4"rfjorrient Only#dr'#atttae Vi L casts.encacre.d'duning this pt:om i;f performame,' 9,na=ordance with
F'Ioriratia Statue s,the ub-RC1CgP1d t may expand ftjrmd% %vtt uri by this
Agre ment'orq to,,a llowave costs fe ulhno li nts Obligations incurred Oufir 'tare period 0 a reeYto,4,
It%rs a cost-reirribursa went Ag r erhohl.subject to the a vallatiffily 01,f aan s.
d T >�t�ai.��i Ftarid"a`s pe+-f�rf`n�rscu tirr+�o�;'� ti�rt'C�� W aa4t=,stt�ar`it°as. �reert: rat a
contingent upon sari annual approprraqi n by the,Lees latura,and sutvpct it anV madificatip e ors.
acwrdanC6 with either Chapter 216.F'l aka Stwvies or t;i f-b—od onsiltution,
Ttler avet}ldn will reirnborSe Oil Sub-• e ipierai �r foe allow br' ecsts.incumed 'l hs
Sub-AiK ient in the sutc ssful con pleton da each deli °drab&e. The e°ra;axirnium reimburtseraa l q,�oIirroo
f ,r ?ix,4vwable is eullined.,.n Attadhmenl.A of this Agr ernerl:P' udget arrd r""r ject Us:`1. The
maximum re. ursemerrl,,,)Motar)t for the errfifety of HIM A,gre menf is two m9iinon,e fill t=,undred fife}'-era hi
theu,sand,five hundred said third-lwe 00-49m and nineipf'cur cents� �. b .,;5�b phi
EXHIBIT B Page 244 of 305
Packet Pg. 1746
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
0 ,As.rd,�-uiAed by 2 F ,§20041 iap_any mwe G 1N prxp iom under i°b i,,greet t nt
merit irai'l'A4 Cen- ai»: rs
v;haiCli as ictlds ss 'By sEgnitig,this rrapaji 1 certify 10 ow -st of my knowledge and li i Ihat 1h
rmporl Is true.,ccmprelol.,and Wccuriala,and the expeirrdit•i r .s,disbursemenis and casA roceipm are for ire
burpcises a01 Qlaie".t1ve-%sei forth in the terms and cohdit r as cr the eti ra i aamwo i am aware that any
false,fichtlous.ix.drasvdvvrl t nt' a r t 't,wo the omission of any nutlwsal tact,map suboci mato oriminal,
civril or a ir,in trati a;penaaltaes rya Ora ,dale'Statements,taise 4ra�imi;or tirthervawse fu. .c,t) ��igjd I&,,,
rion 1001.and Title,3t. oCtmrxs 1729-37Yj and 3 1=NY9121.'
e The Divis�rirr wit review amy:rocaavd for rein-ibursement,by co Miiamjqthe
doaumeruiwt provided by the.Sub Recipwit in Flce,rdaPA.cirg tag aitai a card w e mees,um ounned E
in Ai'tachrr'ra1l 8 • copy fffWwk. 0di+r+!ktakars.end F'inaan.ial nt�gga,tenoas..that cleaaiy deRi!'oam,lea` ca
s fi I"tom rum marrurn�vm=QW.Iabld level,of'service t -e artd, �
IL The criteria for evatuirminq the uc ssifuf wvnplemon a i=reach des=;a ratite
1 The perfofmamv rr1easuro taps=used by W-lion 215 971'0)(tr)r Fbrida Sialkiles.
Term ins cof 4�a tent with the r urtewi�=crrt for a=u,pe,form e g l",which is defined in 2 0 F"N, §200,7 9�s
ra t r ei lovel of rfga`man.-k orwessed as a teng0e,rneaswable eh; c6-we, actual CL
aM°h vement can bo eompared,' It also ren aaorss nsis.ient with the irequirornmeot,contained in 2 fC IF"
VK 0 ni,that, ,e UM'sion,and the Suit-Recrpierl mretate finamial data to pv rf�vrrrr�nce a grr7p4rst aar�r is
of dais;au cr'al award,'
= Il Duthenz •d by the Federal Awaarai;rng Agtp-ncy,t en Its rvisiori wilt rei ri burse the
Sub-Recrpteril frif,Gvwvime exl eases lira F R §200 4,:3 rv=C ppensation—ptir,%oit l
senv s' nd 2 C.R,aNGA l I° �wryl a r€s wti � dnng beta f'ri �, It authcraze by the r� derd l
Awarding Agency,arr ef tiv Sub-REwrpienjseeks.e "lour'.sj2ment dorow rl me peria=.ds when CL
no work is pert rmod darts lo,°v.acabon L hcri d`�syr lllm es .Tamura cR the employee icy p&,ids sra"picieni uvpfk, r
I. . 00+.4 i(al definer:tr{rwje bat rra:rill as ands es provided oy i1pP:yvr,�to the er CL
swa p€ayeea as com,pensw.ion�rrw addNan to regular S aWnes amd wages.' Fx;*ng Ci ietsls are a llawabte
uawder this A reera"wurt as long as the nefil'S ure reasonable and axe requnod by mow,Sub,Recip ntl-
tv
ernp`leaa aCldra r�9f'at„ 5r.arsi' Be lg pIrG�r�. 9t but C rrpruraG .F.'I i 7�G31 .rawads that;
tt'ra c t of friroge bener4s in'Mo Vm d regular coopers atitan paid to emp.lbyees davtira p ari ds cat
authorize4 absencinM'romla gib,surh as for a`a ,la Heave,Par�aiipr !aced luaus.,s k leave, slid yT,.
Court V .n 0i"Wry Ise.adn-inisitativo i w .'a.arad other,s0r0ar Vie!C t:t ,a,+r allo ah ia`all rat 1ra"
fora+wing ca•It rla are rust:
i They-are praw"ded'under @ l blished whiten le ve=pt�1m,
i. The oasis are equrlably&Haoated tc a li r041106 W.tivil a,lndud�ng r`€Rdei l
avraFr S and.
EXHIBIT B Page 245 of 305
Packet Pg. 1747
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
i€,r The,axerountin b srs.(cash of MCGCru al)sGleciled for costing e,,j
C,h iyelag
�eav@ as rs,srste efts?alYr; i iay tho pan F' er, i�ntil'4 r speifirJ gr�a�pir,; ref;ernptcy�aau .
h if akitho6zed bythe Fe ail Awwar,ding Agens .thus the Divist,nn will re r burse me
�i -R �s i+tent o Crawl ci s ir6 rt rr; with C:F. e , q rrd , the Referur�,r�
Gtvihle for• tal` (pon£,`rhiFes,re,nntiursGahiont tar trbvet 1nust Wm a�=vdance ww°yta,section 7't,�;�C�1,
Ronda Sukhes whKhr��aid� .smearisssu,n of Vle"'°mail can 0he approved state travel voucher if the as „
ac,pion.seeks reimbrarsarn rtt for bare t costs 1:hat eieceodlhe arrrsaaums stateo in section 113
Fkwtda Statutes i. b(tar re�ml fist all for load"iG l's,and S1i9 icr dinner„iiwen[Ne Sub..,R c,ipieirA must F7mwjda
doc ri'0mat oft tli tl
a, The costs are reasonwe and do not,exceed charges rnrrm ally anowea by �
If10 ub-Rasclpienyl it its w ulat opmraflons as as reomilt Of lh❑;Ub-R ,rpaepT%%,noten bad ae:pL,iiclp, and
p, `artki;kaGort of tfie im iv dual in the travel is a eotrssary;b tr9e Federal surd.
I.. The Division's liant gr2. nag r,as requifO by sbU n 215,97't; )ic.,l,F londa Stswlers,.
shall reconcile Strad Verify al funds w'oceriled against ON rungs:axpenderl during the,grant a,gFimmneng period
and produce a fiii%ai rya Grp irrli r ep The final rGp,art arn.usg idemify any funs ("a,5 art e V s ei the
sm
expenditure!;3 ;r1'rGati'by 1te uGCacid„rrl
CL
I! s d favvcl by 0 F R. 200-53°ina feraarrr"amoropei parrient'ni"ns or inclucvm, c�
sm
11
Any G ymient that shOold`not have beers made oc that was rmade in are
ineorrev arse-unt(,,l5�'Ivdiri rnapments a.,iLomftt.,paryi`ncral.ap under siajuia yt.C 7ri r Craal,
admin istrativu';ofMimi-legally applir;able requirements.an4i.
it Any psay went is are ine!igut;ile pfirlyl,any payment for an good as
se-Vi+re.any dup.'acate p ymeril,nny payment fear a good or service next Fecpoved lexoerlt for such
p&finents whorre aulhvyzea,Gy lavol,any plyma-11.[hat-does not account for erGdrl for app"Ecabte CL
d's unis.and any paym,ent whore jn$u 11fiC nt r'ack 0, pr=urvents a,revio°w r f e
6sGerhi,no whether a 6syrr,Gt' ms pr•Dpe
sm
t,1�pLC�V'fd ,
bsa As rcagijiree b�ir 2 C1 r rx RI §200 336,the Federal aw,160rig agency,lra5 e tors,C,eneral,
,he.COMplfoller General cabtie Lt'AdE ia2es,and the i `g"n_or any of their tsutharzeal rrtprasenlatisres,
sfall or,ic'yr ihe rigtri of CGm,10 any documents,papers,,or other records sf¢9ree iala..Recipierat lraiolti r
pert,=,sera[to the Fec'oral immar °in order to rraa e gars '.1s,examinations,s,ems r'jms.aril'transcripts Th&tight �
of access also irar,lasrP timely and rea, ti mjjbl access to the$tat=R@0[°enl`s porno anei f.e?d"lo pa,i,^pose of
intti-viow ar^ is<c-L siaaa-�relF,tGd to such documents- Fin illy,the right oaf arse s ra :imita to 1he
raq,tored retention pent 1 but Jasls as!erg as the ratceds are retained
Az required by 2 C r f 20 u,31 1he Diosion,the Chief insp :t ,Geneva 1,fit
the !Wo G1 F'lbrida,the Fibrilla,Auadatrar Gegarati,gar arty V 01h it ratliort� reps sew t 1iw��-shall eripy the
rrogiA 0 access io any documems,financia'statomo ;s,R�ipws,or cither records,W alas;'a ub-lR gpient
which are picamemit t,t,Inis Agar ent,lei,w4or to make audds_examinarion�.e.aa,cerpis and Var,$Gript,�`.
EXHIBIT B Page 246 of 305
Packet Pg. 1748
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
The rigN of K.Ces%almi ancludes tirnety and t0OWnabte access to the ub—,Rar;jpior t's pWsonnel lot'ttl
purpose of intervimy ar-d dw-ussion°.rslarod teusu0i,documems,
. .s requee(9 by VroNda Depamr-ent of lake°'s record reteriiidn r q�s,r A�b��at�tit ptcr
11 G;Florida.Statutes)and by 2 C F R 200 -1,tfie ubmRod rent shall rearm iAicierft records,to shg,�v
1t€F com-phance wAh the,toernt f this Agre ment.,as well as ihs comisfianucof,ifs Subcontractors of
consulla;rlSpOid fiorn funds under ft Agreomerrl,,for a perino r ' � (fit yea s f€.�n is°•e rate '
submission of It*finat3 expendikiiie rep on The ftailam'ng are the Only bxtep ions try the five j5)yvear
r€r�sr'iroraierxi
It'any llflgatiefl„C,01111 of*rudtt is started betore,the Oxpir'af,on of the S-r ,ss �
period.than 0v rrCands must be retalo rr• h!all twt gation,cdairns tip arJd finding fir i ng 1fd•C r r rds E
have"e°"'rdm 07m fonasl a,,tion'l. 'ken:
H l`grrra]bid f}ri`45,on or ttaa$ta ,Recapiar^r is nol red trt wfttpn by thio Federal �
awarding agency,itogrlimni agency for mail.tip t-sight agency P`ar audit co soizwm,agency for eno',V :t
cosis,or tstsarfAr irg ert fy o ex no th o-radcr t of per d,
Cm Ordfs for real properly and e uspMe.01 acquiired with Federal furids,rnusi' �
be,vet•ained for S years:gifkrrr foal disgosition, CL
fv When records are transferred fo of mairtiained by We Federao awarding
agencd or pass,41hrough enutV,,the 5,,oai a€atonoion regtrrr rt enl is,riot applir_.abte to tt e Suft,l writ.
a, f"$ecortS for program 3r kvan%,a,"mtioms attrr,the period of ports nnarnce in
SIM"Al Cases reerptents mum a pcii program inr erne Our 101he period of peffor rtawtco vvo re tt re is q4 cv1
a requ irern rti, Me relention perm for Vie rezords peranling to the eatripog of Uie program incairrie siarm
f,rom the end at r ho noon-Federal rfrtfi'l 's fiscal year,in vdi4h the iinsqtrato income is earned
ti la d irrect c s ate pr xrt ;l taoidi cc 't air �t ns tssans Try!$par grapf CL
pubes to the toli rfg typos ot docur eni t+r.d t6 eif wp bicg t eats° Ina! (A C081:rats cornpWption
or pfoposals,, r,alldcaisorrs ptran&.ar'2:d any s itar acooUptong compurgl its aft the rate at wflich as
p,,rl)4 u-p grd'j,p of costs is chargeable finich as ctrn ur r usage char etvwk rates Qrco.moposito friar e CL
ka,riotit.rates).
d In a ordar ee with 2 C.Q.R. 200.334.Vw Federal Waarding agency must retracts.1
,fransteir or 9;ormin records to As coslod'from the DMs non of M Daub Roci ient when it oieterroine.-
Irw re=rds possess tcnggeren rotxrntion value.,
e, In, .r ance�%iih 2(�F R 0OM5,the Dividers Mo t d4wayt provide or a rcerwl
per wer M,�of Agr emersm nforn!i@6 0 fr)and frorn.the SobAftipietA.upon request "P poperMpias
of .jbrnitiod,then 1ge Divis*"..F0,J11 not re u1.ire more Marl ah original and two cople-, a,tort 01"'ginal
rfit,i ds dire efect-rranirR ond minot be altered.mem,is rfa need to cream a nd ret,gin paper cronies. Wihen
oriqina?reeds wo papor,ekclmqir ValsiOn&May be substituted rhr .igti The olio of du iicahnn car=rrllier'
rms of eifttrun c media arovdiari th,lit hery.are subject f0 perradf goaatity ntrcr reviews,providia
reasonable safeguards apinsi alteration,and rernacrti re-aftble.
EXHIBIT B Page 247 of 305
Packet Pg. 1749
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
F. s reulred1r 2 .P £ ii ,13 rake 1riina sh�9i�t aar� � slur
to s,116Kj�rard pit ted perqn,'7af1y Identifiable in4ofmali r and other informaho r r„ha,PederaP award ing
09e,r y or-'rile 0,�V*on ditigrnatem,as sensilto ,the S,b-Recipierwf considets sonsitive cons tor16 yoih
app:cable Fedcrol.s'1 1e-lacal,and ttba-1 Wes,re ard;rag privacy and oblojafions of +nficenliam
. Fboridgs No nlori°in the unshm,w Law lSo&on 286.0t A,Flom St uae-sf
p!ow*des the citizens of Fler4li wlf a r;glht of acrcess lb vernnrrenlat pror--dr gs arid wand des tree;
hasic reriwiremems �f�rrift7 tre,gs of public boa s or cornsi�skins rnu5r,b cspa !to Pha pubiicn(g)
r c rrah nolcF,-
orjojclirneetingsPlws1 b give ,and,(g#niin kjes oftho meeiinfigs must Oerakpm,an
pron"IrAiv re rd9a . The mare r ce o °pub1 funds by a ptivate oivhly,st ndung,alof-,4 Is it rati;clerri 10 �
bring tla,ts,ewaywtpun vie amtblt cifffie can pvernmicof.ra uir esnt's Ho a eir if o Government in the
ttn hIrt,a Law Applies ro privatea ntil ies Mail pravidc services to gat rnrr9 rl S agoricivarA Nhal acIf on c�
behalr Of th0$e,,9 t,"C4US in the apenoes:poill mance Of the,,a paiic dunes; If a pubb go, tioi ates
the perfs'w rlite 0I.1ts public patWjarca 16 a privale errMy* rFtarr,to the.extent tha prevale,orirrty i
pert rr,ii€ 1h t public urp os ,the C u rnmeni in ItV sinshiiwo Law applies F or exa-mple,0,av �,nfeor
f,rul dopa dmem P-Cmdes�asre ligAing Services to,n a oLw7n ental enhty anO udi,&S facilities and eqRjipmerjt
purchased 4Mitlj lautAd ftarras,?,horn 1n.e Grd.Ta�mdnr;in the unshsaa Law apphes to bn.3rd 1'0
th i lasra.t,sr here dep arirnenl, 7110s 16 the extent rhat 11-e Gowernrnera in the unsl,irr re L,.ar4w applies fq,
the hreoiprert t a ti r�pon,the funds p wgirrt iindor this A,greenrieril,1h.o notethgs of the ra ,,
ocipkent's gGvarning hard or lbe meefing,;s of any suL-oomr-,Mtee raking rip,coerimon dal eo�.s to the-
gaverrvrng 'r0atrd May be,svbjeCt to Giplert�gcvcrnment€egur9et°ner'iCs Thc&e meetings s2?33q be prrtair.:ty t8
noli ed open:to r*e pubte.;and the minu,es-or ail We nu 'ft s shai1 be pubi-cs��oG" �, �ar�il� 6e 1�tip%e
puth io aocordanc,e w iilro 0 hop, r-419 Florid :ia%ltovs
b F"oriel s Public Remelt t aww p:rovjdes a right of acc s to I.Jle irecords of V*51a1e CL
and local 90wriflim vnts as well as 1,0 prival+e eRht,ds Ming on I'it(!Ir'b6half. Unless sp freally vx.c4m pt;
frrar`n dF�;ctasaare by 9Pi€n g,sl�airea ,ar.i rnale�rfals ntio or revem!d by.a gr3verartrUraraI agency for a pr;vory
12
en,arty acting an hal';rr such arr agency)in conjhjmzgiorn Mh aftat:rat wh�h acre use No, CL
perpetuate,,o tnrnr.ni ate,cr frarmarIVO,kn0-iV g qualify as.p6� lic r`iccof s sa eect no pu srr insfaectidrs.
T Imo+t to rrcdflpt of p,ubim[wands by a ri4 te;entity,stv"arldii9rl taldrnd,Is ills uffr; rrt to Isrrrr 'hat entity
WIM.n the arndit of the public recar-d requVerranms, Ha waver.when a pu0be,emit}delegates a Public: E
1`vrr�eiia to a Private entity,the;feewrds gvnjeruled'by IPTe private errt ly"s b000rmance of grit dtitly#erne �
publep r� rjtd 7hras,the sal re.ari�i cape a{t e serst des pr x erl hry a rn.ate t`lilyr�a e;rrrarre�xn i l r
that[crib y is acting oar hor[ f a public agency anal is ther'erfrore sutylect to yard°jeq r, t�n�artis�f Florida"$
P-u-bIic Rec cw,.bs Lw4v
r: The Sub-Reorp bent hail nr.aintain all racot<SsOot tiara Su Recipieasl and trjr alf
s%ibeor`itrart rs or canes€allanl.`s to to pare from fur!ds prowrir rid sander this, reenieht.!ncJud1vng
drscurnerrka err 04.all par yeas,gists,in a Oorrr!g ur,jitieqnyt to determine cuff plimrtco awhrr the repulromepts.
EXHIBIT B Page 248 of 305
Packet Pg. 1750
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
101
and abjtKlives of the Budget and P�mject List„ AttachrrrertA. DO W'Nork -Altachmem S,a -d all
01her appics e la ws:nd 7regulariorlS,
a. The$evil-Rudrfa ent shall campy voir i the&,relit requir inemm dorttasraect in 2'-�F R
part 200,Subpart F
io. In accounting for to eaccipt and experaarlam or Funds.Linder arils Agteemeni,me
Stab®Recap ent sham axa generally t ptvd Amoun"ing Prsraci les 1-GAW`, As cfersned by 2 C F,R
§200 49.da i. "haa the meamm.,
tpsvf,,,ed M �x rhAlh ird sl indards issv d by Me Goweenmen[
A r)VITIA9 S,tarpdas s 80arrr(GASSp and,the Fin afto,i Accouralsrtlg Siandateis Board t" .
c WhKvi.oonducung am awn d,the Sub f ith trt'r pesforrnan e ur,�rd&this,Agmer vent, E
1he Divlsrarr%ha:l use,Generally coif pl, Grivermnent AuUtog Standards('GAGAS-Y Asdefineo b
.F.R r00, d.GAGA,`ai-s kivwl as the 1 enaw rjook,means generany accepted posr rr9rYru�rlC w
2litrap a"andar s issued try the Comptr(Vef General of the Unit d tati wh;oh are� plg&table t
trnd;dal a Wits
d Van a,jdit shows that alp nor any porwri 0 the funds dislbFors pworenotspent Kira
ardtarsce 4vil.h to e dnj4p.ivaris Of fhz,a`'4,g:red-r7aqk,the vtib-Re6p# ,a:1' u hold prle for CL
eta
rr?Ihlibaarserbt to the Oasssirara of asi arjnds rare ttsit sn avcordance with tfise ,ppl4�a rle and 'sa,
sm
A reemeni pry esrotis within thirty uys:gfter the Ltrar,sion m,.a%ovdi d the S uti- edi car t of such min,
compliance
sm
e The ,Al-Reopient shall have all bud ds completed by an ind pendem,aut g.or vd,;i h
is d piried in section ':15 97j2p',t),Floenda tal:ubes,as'an independent ue"ifined P-Abk,ka anl,ant
lk:er sed un Fr C-hooter 4 a .' The,sett C drrrl sn udet r:shalt State That the audit comiplivi witty the
Appl€cat%provisions rimed Revd The audit rnpzg to foevived by the'41ViS100 no meter than nine to onrpis CL
ff 'lh=a end of the %i iRdds;pent"s fiscal Wear'.
t The Suta-Recopent shall sendcopieg of rWjrting; 'c�kaq
2es for audits Cearrducaeci sa;,
acmi-dain.e with 2 C4FR Pan 200.ily or on betfralF.theSub-Rec0pient,to th a,raln n at the tiilcl rinCL
g U-
adrlre:ss
f��t�4t� Isa� ridtltrenr,rca ists`rr,tta.s�
OR
E
O e of the tr7sti t r per o ral
2555 h'iZrd:ard Oak Boulevard
The sev4,the aai lo-�Aur dit meparting package and Fwm SF-SAC
h�p:fl�ar���tar s. rasus.�ok rfa�,f' lle�t�tptf��ndrs�.fairr71'
h Tine Suo-Recipwill shall send afly rnana ernaffvl letter s3w d by the audi car id,tiara
praise;on l the following add„evs::
EXHIBIT B Page 249 of 305
Packet Pg. 1751
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
l;
CAR
Office f"ho;Iovo torGenerat
� $5 5hu'mard Oak Soolewlr i
a. Connivent wth 2 C F.R §200 32' ,the Sub- ecip7erlt snail provide the VNrsiom,.vml,
rlvai1erlyP rep", and a cl e.oul nepGr, Thesd;r0laeirls.shal, c arrerra s.latus and farolruss Icy
uhe Sulr-Recifse l 40 all 5abcontractom m carnp4 ng the W(nis dfteribed in the Scapo otwork and vie
expendifure df funds under 0iis Ageembmenm,ia addition to any other,0,orm la as eamtrosv d by the Davi lrar4. E
b Ovarterf'I reports are eve,to the D 9 n no,later than 30 days after 1he edl of rja
u aster❑l vTe prog^aaty year and'shag!be sonl reach quam r iwntal s broissron of the adrna!„a tp ,Rln cf -
atA rc prl 1110,60 ing dales Breach creamer of tfte progrfao-1;year are,March f, 30, eptem r U1
and; mxnbor 3'I.
c. T title Co��wut report is.ooe sifxty(pa )days aflar terr^rlanawin of this Are meat 0!,Sixty
;, r"p days after m plotian of Itt e e t it rCL
s cou-,lained in this Aa war ononl w inidhever lie t fur
d, tf all required rupewis and copies are raot suaral to the Divisaarl oe alre nv. mple@aff i^a as �
rrrr rro°idea^Occeplable to tine()rvis'Irarr tat,aan 1.11 p�v, for rrarry Wil hoi f:a l .der paymbrits,untdl rh ay air its
u�riptelrf car ray take a„tl'ar adrt a stata� in ragrap•ds�`I��P I�DI� A,ccap'lab+t�tu]ltra
Division"means thai i.tie work proaof;t'o s compleled 4n accoolnze°math Vte Bud et a.F PrOjdct Listl
A tagl neat A,and,Scope 01 Work-ArIpachment 8 �--
e, The Sub Recipmiit sha!i provide*�,,Id tion.ai progr,qrrt wPc1W&s or information that r11.0
be rdquAred by 11ne DMt on
CL
f The Sub- ecipien!shalt pr >raade adrlariivjnaf re crts:and inforroali:tuft id&Ohfoed in
Altachrreni G-Public ssostanco Pr rani Gutdance
CL
f no Sub,RKlpient shaill"rdnitor its peffora'a`a'AMC&ur der this Agrgem enf:,as vve,li as,
lattaat 0 ils Wticonlraulors aflW r coesu;al nts who are I�M;d frbn!funds provide4 ndev this Agree-ment,to
erlaaras l:har,iainne acl°aadral b=art k",esng.91et.trre$cherftale of Celi,arataheS o,raii 8COpe of Work are sae=.ii
c. 'alplashred withirr thO Wecified time pefi0l,and Glher"Peftrm.ome goals are being traayl"aovedd A �
r °rleW sha!1 be&r?,e lchr each fra-nctar o°`actixet .in Atl` Iasaeaslt B 10 this F>wgeengeart,ark reported in they
In Odadit on to ravie%od jud',Is,,monitoring may include,I a'not be, lim,419DO
Ire,airy-soe,v1s;il by aUW;Sion staff,limited Seopra audats.andJor 4`ttrser procedu,res, The Swb.ke ipiernl
agr es to Comply and cooperate vr"itfa any morM rind protedufesrprocesses fee rl appropriate iale 4 CIa
llvitidn In the esrersl dWwmir*it0alA limited soaps 4a It of Ii-ras Sijb-,Reckpwefflls
appropriate.lh dub Rec�Pierd,ag_ %to zornplyo.11h,arry 80 rCiWAI,aas;ra^ls -s provded by the Division
EXHIBIT B Page 250 of 305
Packet Pg. 1752
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
f
10 the s - ;ocip j r aarrt in sjkln audit The$wl , -edpien!further agrees 10 K;,tintpl, and'Goope rato
"orith an y inspe aaWj,reviews..invesligahoflMr of aa;dilt deeraad necessary by the•Florida Clef Flna+r,jal
d�3if"i�er cr.�kaJil4r r�rarat In addi�>!ti.lf�a�f�i+n�sir�n��a',I €anitar'I � �r"'�°�'Ync`aan Arad f,`ra1�i
rna q�erra art by I: ca Suh,-Re47pirenj lhfaughout the conic. lc-m trt onsum lini6ycompIG- ri 0,aill iask
(1CtIA I ,ITY
a UrS p; !dub-Re--i iam is a Sizate-agency or sutx kwn s,on as delbned On sit 04
7 ;2 , ).Venda$Pr-,muros,the Sub,-RKiponi Is,solely resjoiOnsibW to paolift,it deals vMh in ,1rr,irlg>out:
the terms or this AqreemenC as outhonizod try senaon 768. (I My,Fluridia Stalules._Sub- ecoiunt sh fl
noW vie 0iviti a harniiess ru st all cars cf rral sA r rltarzute by mird parties ar scrag Ir a the work �
pqlrfrtrav,ance under 1!IbikApoemeni, For prarrp oeas of this Agreerneal. dbgW�(lcirrrorat agreLn nil �
an nnprto errarwt or ta4as Navas=cra,14aG zq rara'ardopenderrt ooralra:t4t
b As red it py S(V—fir e° 768,28E 1%Ronda�wttatiss.a;r--,y Sub-I ecip:earl:which is a �
state agency or subaivrsoofi zags Sias'5nedv in scoGiori 7 2 dd ,f,Florida. taha,`tes,agreft,,to be fully
fesponsibke fcr U rent or laor^6iou9 acts or Qmvssuun,s which resuM in claims or scuts against the
Division,and agreLti fo be I€atst'e fpr nr ,daroages proximately coused ib° the acts or orn,".Ssions 1.0 the.,
enrR,Arat seI Ialln�n Section 7 66,2ff,F10661a S1wwfe.5, Nolhifv4 berm is in1e,•ndee to 1t�sr a waasr of CL
ra
;Qwroigln arrarrsunrly by any'S€,rb-Rracvpa;ent to wt! ta'�C"a' igru irnrrnraara,ity applies, la!'001,eirg herein°seU be
sm
a nstraaed a C ns,tra:Fay a stale agency Lw, suixi asran ol,1he f>laieFlorida to,be sued by(hard oartles in
any rrnalle?,orrussysg ui
out of ar y contr
y
if any or the following evenis a'ccup I"Events of efau l"),oil obligabons cn the pa,.'!01 too
Division to P1,9ke fpjher pay i ent C1 funds shall Wininale ano the i'v6s •ham this op.rian to xercise any
&4-5 r raid°,os sell forts in Paragraph(I ),hawever',the:Division niay maxatw payments,or partial ym—tints CL
arf r ngr wv'ents ail DelaUlt Will'i0a1 veaiving Mia nghl to Ci*rciw s xc, rerneei .and wAhout bemom ng
liabra 10 mak;e.any I u nhrar payment of
u Any a arranty or re,pee serration ma e by the$%3b-Beni nt rn this Agrftweritl or any CL
LL
rlaviows agreement Witaa-r me ammon is e-becomes false or mi's-itodin i;r.any r s eo6 or I Ifle,Sub-
eci „avant la,{s to lk&ep or ptrfU'rrn any of the tat als as,t-arms or covenants ah this Agreement or ariy
prow os s agreemeri,Nyilh,the Divas ,n and his n 1 cured them, an hmoly fasfm fin_or ,unable or ajanmla th to
meel s obbq'Lions,unnefDais A rrftrregt;
b Malerral advorso c�iang -mcur it,tho- candition,of Me$sib-Racip; nt al,aray
tame +ring the i rm of lh s Agreernent, an ?Pt ra Rerr. ierat f €I °o rum t'lis adverse change within
1t ly dos tr nt the dale writae;n notr:e is sonl'by the Di qvo,
.Any refer rrs ntaWarred by IhJsAgreement W,avo not been suenfilred to that Dhwis�on or
been subrMted with an rrect,incornpWe of rrasraffaderit infoArrr hon'.or,
d. `�hso uI�-Rai�nt fa<'��1�ta"� 1�perforr-n end or1p�«t' �n lsrr!rrc�aeaay�f ills dJ4§j��la�ns
ura .er ab s f re.e+mont
EXHIBIT B Page 251 of 305
Packet Pg. 1753
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
It ail Event of Default ult ueti ih=gin 1i'3e GRviskw-sha 1.aitdr 9hAy ten ar�C;rp Y�wra ft=en
nvice to thtSub-Reefpient nd upon;he tub- eca Eenrl' fature io curs within these lhoty d °ys.eye-c-se
tartly one or more of thin foRowin a arre6es.either ronr umontly c or eeljlii€arel°,
a Terminate this Agreement,,,peowdeidmat The Sub RK-ipo- rlt is groen a1 least th,r1°t+
day-9 wror I°'s'tion r t.!ce oflh e;.efmr ataoh The r ,t s'rlaei'E oe elfec we wfien placed in 1i1 united
Sutes,tort Maas rrrdif,postage tar sr W,by registered or certify= rtaarl-reiurrn receipt r usrrar,,�1`.t�the
am, ress°n Para-graph 1'Yrrr a6
;egilh an apprcp6ateje9i;A,i 01,equAaa e acimn io Enfor4ce,pe;rdtrramrce of 1h"
Agreenlenis
t. VVthho,14 or riu nd a'meirl Ord all nrart'
p p y y dart of a request fir +rlyarrrrtam; cB
d. Ft:epuee tr€=: I the Sucr-Recspif rtrrrrri 10 the Ctivisro.rr any rraorlihs used trrr ,nelgrwa �
purposes uMer 11�0 laws,rules and regwl It on%qoverning fbe
cr Exercise any carte rrriiv gar r nr edi,al wims,io incluide but mot be ga med to:
I Requott additional-Wormatrti rr frcmrar une. ub,-R. ,p rdt..to uiel'o-r ine th
r0a,sons.to or,the eXt n B 'n�€- vplia ar year W performance, CL
tr I'rm.'e a Writt n Worn Ing to advise than more mi us naer3sura9 may be la ken
9 tt,e s 1 m to r7 is not correvea
iil Adt q&er i' Sub-Racipienk to spar; rind,,discontinu rei?ain from irwuarring;
4'�5tfi for an"V ctry;ries in CBesucin or
R-Noiili 910&jb-Rocipient to r imbu,arsrs-ft Dimsion far the tut,trataq,i u?,costs
incurred 1-r aq ilem(s detarnler ;o bo fm* igxble;
f 9-umrse an'y other rights of MMOMOS'which may oe-awaobte under law CL
trurr- ing any cf the,a wv reri odres',410;riot stop the Ow,810A frtarn Pursuing any t itur
ren,e•deS in,thi:;Agreement or provided al law or in equity tf the Divisk)n waives any right o-r z-weedy in
tl�r aati n,t 12
cr fails tc Ensi%r rm mr;ct 1pertcn^r%ance try°he Sub-Reoaprent,it rsNl rah?affr t. era r CL
was vc any o.1her rurght of rcp,iiydy of tpe Division;or;0! ':the faEer exefcage sty i rk samw eight or r nod�by
the 04vt on for any other defautt by the Saab-Rocipient,
tt aLER N—Tl hi
Tdu o"; &czri may rernnr qate'ttrAs recment for°cause after Ch Cyr r rye writlen notice,,
Cause can include r'n,vuse df tUMds.f'arart.4aCtz oaf c0rnp,i3r7ce ern aptafiCfttv rta6d:s.6' &S and
taOure 1g perform,an flme,&, >refrmrial by the as a-Rec rpaent tp peraiaal p%olio access io any,drzUrrrarxl.
paour,letter,or ol,,her rm tenol s 'baect to disclosure Odor Chapter 11g,Ftartda Seaiva^era.as arnendtd,
The UY"V Sion may 1 rmimalt;.this Agreement for coivveniwca of rah f1 detewrilm..�-;�,in
ft sole discrei�o .that oxi vUn_ain the Mgr ement wo ur d not prr4sr ta9006if resuls in Lne-.YV.h the
fist t, r IOXp r* iture c1 funds.by providing the Sub=Recip n[with lhiri.y t30t calendar dayti prior written
notice'.
EXHIBIT B Page 252 of 305
Packet Pg. 1754
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
I
7ta awts army agree tot rnganpate l:], Ag�reemem for oheif rt°rwatdml mi-owemenc
thr vqh a wr°rCten a menkjt)')enj d°Otis,Agreement, 1111,0 mondmeni wAl state tine v tiwo date crt ttre
lei(Minal,on and trip orocedures for proper rvoseout of the Agreement
th Me event Cher Mite A,
gnsement rminrfntew'f,theSub-Recipient wil riot incur n,ew
tlog l:r7 1rx the term'n,ated coon `t Fib Agreement abpf tlnoSub-RecgieGn,1 has waali°drk th
otrlydalian of sermon l on ItioSub-R :ipienl will carxei as many outstanding ou:Standing oVig,ations as possiole
(,'O is incurred after receipt of the terminalron nci:im ill be eis flowed The Sub-Recip4soit shamirl not k*
ro,1:tdwed 01 rut bifily to the C rvsi n because of-in y breach al Agreentent by theSub-Recipaent Th
DiOroon mly.to the extent authwa(,14 by Faw.awithhod pay nentN la the- jb-Recipr nt trx ttie pear po,Be of
sel-ol'I errat,l[Ole eyaV.ammall rat damages clue the(?s,4sion lraara the I%determined, E
o88 Rocul!M
a The Sub-R ipiertl ShOl,°(a sure that any tN r:raat it Pal involving funds a°ir+lhorizad by �
the a reerr omi:ccmpies with am opolocable Pe moral and:stair.ows anal regulaimns,to include 2 C1 R,
§§P'00,as 6';trmugh 2 00 326 as wall as Appendrx 11 to�C F R.Pail 20 (erfttfl 'Contract mvis.'ran for
1`40n.:.,�eder lEntkiy Corqrgcjj, Under Federal asprw),
sm
ta. As regrrirea k 2 C,FR.�70Gt318(h),tho'rio-R cipi nl shall"rnaintain re.cards CL
-
slwrfor, l 10 do.I O me histp y of,protur ment. These rec;.ra ds will mclude but,are nO,necessarily limited
sm
tc,[ho rollo wirag ratio no"Itr l'cr the metm of preiroterrrimmil-selec,liorr Ql w ntr;art type,c n-iraclor selevlbr,
;'ejection, ancr this taa ii;for the c n rar°t pray:
c As require4by 2 C,F R 200 t rr),ine,Sub-qftxpaent snal 'rnalrg'ta"A("V tight to
or"'L!r@ ltaat Cornr,ra-�-tor lserf rrri in accoroance -41)thy;terms,condinorm,.e nil spocificatbrrsof theiir
r onpr'ticts or purchase rde.*n. In order to derma nk"lr l€r cump'ran-ce wM this,requirarrient the Spy.:
Re 1poea"t shay t of pTlent.in its quwterl ,rrt rt to-[b e❑wmioar-.the gxoqprorm of.anyy and sl>I siand tr t sCL
pedolm i'n,,g v rk under this Agreoenerit.
d Fxoepttdr<prourementsby'rn«ain'e-Vurclasespursaaantl 'C FR. 2 0°3Mfa)ror12
procurements by�srrugtll purclaase pr ages poesuaor lco 2 C.F R o4. 2G1,1b1 q hie Su ,er.�Dier u CL
chcor ses k i ff whtract any of We im r&€ogtvred under this Agq,eoirerrl.than its Huh� feral sru�ll
to rwtiarrr"tra tarn D ;,suqyl a COP?'of any saki-arson awhethen'connpelifiae or aa,pro t rx etrld el at,least fifteero
(I 5j drays prig to the pu lira n or nurtu,rrhr. 1, rb of the solicrtalkon. The+Diym ri shw,review th e
solicll�!li�n Drug wa�d c�mr°neruts.if�a� .lta tlrsa�dud-RIli�nk�lklt,ra tl-urea �3)business��°� u�n�ns'esnl. �
I mth 2 C 9a R.§200 244 the 0,mv)r..W01 r uiew 1h.e sg6"'.,miort Our cornpliam-e wwi-h thG oriiurernent
'�taarUWds outlined in Z,C C° . 20 3T throla hl 201.1.1 as well as, Append*rl to 2 C F R. Parr
G—systen!wilh,2 0 F.R. 200. t84R,.the Dyi&lorli will not sertastit,ite ris trudgment for that of tie Sub-
Recipient- 'Milo VieSub-R c ient clogs nil need the approval of the D;Wston in nroer tca publish
p drptrA tiwo livilat zsn,this rewlowa may a'"law tha 0;wsiw,teo identify def,ct np:es an 1ho ved pr
requirements,or in the cominixilty or s.erm pecd,caticns° The Mmis;on's feview+and corn,eras,r;Yaa:EI e tel:
c rsttpte orr°appravtrl of ttao s6iclpt, ri, Regardless of the Div's,,lro°s ragd em,the,Suo,lbecipnmi remains
EXHIBIT B Page 253 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
15
oun y 0 a,ppficabte taws,,r ivi ationz,.and a reernero tears if during as roviow thct Division irJ rtt�!"ems
any ded 4clencies,then the Diwis�un shaft c$ae"otmur we loose def caiencres to the huh- ecip nt as gai kly
,asp sitidce%Qhsn the 12rae(3)business day wrr- w outfinesl above if the Saab-Rec;ipieM pub,�slres
tbrilpeiltive s0cU'lion a t r receirrra "tti on%from the Divisor,lhat the solic.Aali "rs�idfi usm,theca
it 1iolmss0rr may
11"tarrrl?nme the.grim tteM it avcixdanre mn tea provisions outimeo sit
p„arwaph t1 yum above:and;
ar, Relf-use to rers5itlusbe•iheaSub- KHp,rent for any costs ass la,,,e as>Efr that
soticitataara,
e acaal2C f €' rr �rrnerm9s kty rsara-paarft�sersua at:is 2Ctt . 0fa fir'
prrtar'a✓r°rerrts by small f�ur�h�a�e�=,ad�r.�s urag�tssfi to�C F Re pCS;��'t���§,if;Fie ark- sfa.kr'u1'
chooses to subconlrom,any of the woric regi4irerf under ih%Am�raemefit,then theSub-Recipionr shai!'
ilc vaar�ltr the Division a copy of any r rrtarnpomwted,crar tr' at priGe to contract exeawli ra 3bre Diwrsicn sh 'tt
re ew tine unem ;utsd coalraid arod provide comments,it wiy,to 17e, rah dipi tr%i within three
tprrsart ass days. Con,%jtsfi nl with 2 C F R V,0p 324,me BMsi4ra wilt eenvie r the una Brut c rilvac1 fir
c,orripisa,nce with the 1�rcrcur sprit tCtar° ti,'Irtf�enrllmed in e C it JR §§200.31S thirough ).3: gas vwenl a5 CL
App nclssa 1110 2 C,F R Fart`�00, t;bnwstent voth?C. .I 2 .318(k),the i r r I rail 5utistrloe ate An
imdurrleml fbe that of the UU-R psenl While th Sub- ecipienr was not nued the approval or parr
Division,,in,order t gt,;Aria a srnccotwsract,1? a r view°mayallow the DyM skjn to id'entify of cericies sn Me
tar°rr'as and 1ilae v,Fefl as defiaartc'ses irlIke pracoremaftl tarocm tha&Iea;i 10 11'b cB
s,hcstralr .. The Di,r sr n',,teme w and awnrnems 9)ali'lot constitute an-approval G. the subconla"ar w.1
R tfprdless of the Drvisiowr;rraview the SubAecirnonl, yy 311 pp: sutc laws,, regsalaCL
tt ae1
and dg rrnrtl turrrt If"burin ,.1s avie' I1+e Ctwrs,on iaat Pons ttyrfay.ienc��°s„1tn lrrr Di riffs#�n sha;li
ccsrnrroOnaCX0 Mow de.5oencies Ica theSub- ecip nt as quickly&a possible Avithira^lno three 3:a t,usin s
day W ndow outirne-A a owe 11 the Sub-.Recip rat ex wges a subcontract 4k1'teee receiving a Ca�mrrmt ft, t g1 �
frcrn the C1vwsion'h l Vto stwhc ntract ts,r9c ttw zara^spi•ant„t a,€n lrca Onn,s al a r .. CL
T hata tiffs Agreeo nt',r acc -arl4e n�°ith the provisions outlined in,
pa-, Etl h t17,f ab Wo;o'n(J,
in Refuse to redrrt0kzrs, 1h6Sub-Recipient tyat
subrontrapt
f.. The Su -`R ,apnranal,ag.sees to irr{;`re in1he slufibm¢antract mat(,i)thLr avbcontractor
bound by the lerrxas of lass Agr unte l ,;'")the S uboontractor is bound tyk,W1 a plat la state and redeF;a
laws a nd re rati nic s„and`(1!0}the su c nixjr ctoj sf�all hod the Disris ri arid Sub-Rec.pient lam pml ss
against 01 010-fris of whatever n ufe a irk aut of the performance,of work t ends r this
A r d,,ortt,to,till c!xteng asi*%%Vd and r qu rest by lay*r
EXHIBIT B Page 254 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
is6
s required.by,2 OT 9 §200.318(c)41),tlae'Sub-IR apient shall'm aaaf in wa+ri�err
standarcls ofwidudl co ring c0r7ll1ct ail arlkresl and g veri- rtp Me ut om.of its arl°altsl00m araga ed an
Me ae,=a 1yon.wovard and;aeministt attir1 W canlract%'
h, As r>egWr d by 2 C F.R .1 e ubaR ;piew shall`oon&pd any
6arocurament under mi teaeke m ent-in a manner pr a•ding Mall ama Opnta Uwjip la;ion' Aecotdsngl .lh,a
,ea,b-Ree:pient shall aaot:
Mabee wrsrd?sdatanable requ,waor`1s on firms in rider frar lhram to quaL&j •drl
bta r7 rs
si Rva uir,ur�mmefw -wry
q � u'a4periarrce cr enes;,evu,bond-rng; �
iil. Us anc,c�rti1�mit ve pricing p"erlw but-wee:n firms�a r tal+� n aI`i,1male: w
companies,
iv. °.arolaatra reancompeiitive fonlrarrls 10 Thal'wee on re4aarawr �
wmtraots'
u A u ohze;r: rodu ,-or ignore org:mni'z abonal contlicis of intefett; O
wa.. cdy only e brand name 1tr 1°a:G.t ba ilheut,aim*- , ar'endors to offer an
egaulwalont,. CL
t8
ad, Spemly a brarw oam,--L�Product ansle<ad 0 descbinghe pe, , s 11oc,1
spegiff ar rgs;or hey°relevaral retrwire;ments that peh n 110 010 a a nrncdIl or,14-N&COr s0kited by the
pracuTemem.,
vi 6 Er1 a.ge in any aw'oita'ary waion during Me aoolaaement process;gar;
i"K. Giotaw a S(e,ine ar to bA on a confr c.1 if thal taeddei*was invVved With
developing or tlral'ring the s e�ita t r� ,requiremenim,stawm 1 of work inwatars ri to bJ•d,or requeg1 far
pl ptima1. CL
C wr pl in these eases where re apphcabie Fe ` rr.1a expressly rr;aa dude or
encourage-ra'merwris ,thesub-Recipaorlf as requ4ed byr 2 C FA §200.319l6) shalt not use
12
e0grar.,h r pr forence when mrr.-neoitaas *,orooes under tnis kst emmnl CL
1, The$ut- ipsera :g.'�nala r°onrtwd tiny priacuTemem ir;w-wing wrivrlaticns o d d aa.0
seamed bids)in cr'tdiai; wrrlh 2 OT R: 200,320j'rj. as well a&Sftli e t 28T067(1)3 rrerid`a Glalutes.
K The Sub-Re ¢�010t shall conduct anV Tsaiur sent w,n 4olving re a avid for proposa7s
f a=calr`rp hive prep-owls)al"amordance sad*h C.F'.f §2 32Cll i as 11 as section 287 05?51}ftsl, �
I C°oa each � r,r t.the a -R r_dpior;'r Shal,'Orovide a vaitt 11 si atanrer==1 to the.
aOrviswn 0,s to° heLber That suUcGillraclef it a"Ts Icrrty tauslness enteronse is elerlar.,, d,in 1i'a 5 a 7GI
Flor.da Swtutes._ Additivally.the&eo-Recipient sha1i cr r;p,ty'with Me feqairdrildNis or 2 C F R 2 G.321
(-Ca"mracling wth 1,r ali and rninorir Ousn't sus s.,mmaWs bw8inOW5 entsarprises.and lazor w.rrplus area
fir . ,"1p;
(19) TTACt-tVEN1"S.
EXHIBIT B Page 255 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
117
a, fall aHachirients to 1tt-8 Agif or-nem are into ura d$s o sus but lull
In tl�e event f y n tYd ssst nCie fir' arltlidt bewe ;7 Ib ter a ale at this
Agr nnleM @rid the antachmenis.that language of the atlach2'n nts char,caralrot but iil,ya tGvte esipot `
IMP call lid or inconsistency
This Aguee rant a ft followings altaclrrrjepR
i, xhk)!l+ u 1--ndin Sources
�E. t1 :t Allah A-Budget and Pr eci List
is AlMachrnenL t3-SM00 d11 Work,OeE eladr q,,aCi'd`r in ncr
iv, Aitachre onittalron Reqwding Debarment
v A`tachirent D-Designation of X�aimwity"
vs ya1.xIryn°gent es- taterr7b1 04 A&surarices cts
yiQ. At a6mment P--E1 cllmn to Pa6c,spate in PA Ailmnaiive Prcceclwfe DP P) �
V"D Atgachr"ent Ca Public dhssxata m,Programi. ldance
ix. f ChrYit M[t•f_FF TA Ff pmliimg
., Altt9+;hnie-ni I-Mandatory Con?rac Prowsions,
x; `tachrr;enl J-ON IS GIG,Autirt Issuen and tsvil` 9ger!nenl; CL
x16 AtWhirpjit K„5 Jiiistdie-atlofn of Au'var7ce Papnent
era rNIS
Any w antra pappeal under,Vtlts Appviomem is s ubjee,t W, .F,R §200 30$arid:as
dt lrrabre�seduon 215 181(11Ga.,Fb6 a SUlarlos. eft advances are(04ji0r :c•be hey :n ari irY 0rest- cts
tveak"in y a ai3i a�nl as ather-m-se gov reied byprc ran?rC FtotEw a y ,rr if en av9v��aQlt 43 aa°�'rrder�a is,
requas,t ,11,16 budget data on which Ohe,request es•Gave id d justification s'al rrartt stall be s��ri�ltl�d
t n,q Frith[Ks agreeanae rvl cm.vh)o time crfexecuwn by nraMp,PzUrg At ww.,h lent K Jusl.i ieat10^0, tl°ua�ce CL
Payment.The,req,iga t vimll spedfy the 90no d advance pa'yrnenl;ne@, ry and Provictim,ar'a Ohxpltanafion of
the es ty for and-Pa pa:eel Vse oflt,ese k rds,Arary;aewili be fusels.nut extranded within the frrsl
nin tV(969.y Mays;cf ahe con,%W:l l rm must be raturned lu e D is n a!Mef witbin(304 days,ak,)nq with CL
LL
any inilerest earned on 14-ii advance, No a wanee shall be accep°etd Ooe boouesslflg i�a raailrtasar'mment has
been paid pn r,o the s ubmsti i of a request est for advara�er�pa�yara�nt. falter`hda inaial ,nca,9 any
k° ri&at;aiE be made ar,a,rnibUrsenienl lad°5o5 a%mvv41
to Irrwr�r Sher#b aure9d aC rn�asl g4rteriy arahsaoloi�u,sad�fleepap `ate{
dr sun;antaticn for,all s: stt cif the pege :r&eirvites. The find mlwoiee shalf be subnl(tl W4,,1Un thisiy(3D)
da)is aafi r the'expira`ikon darn of flee to r ameni or r-ornpl limn gat a phca�le Projed,v0fichevef ocj--Nai tlr&'t
Aal explanation W any e a r Esla ac s pr iimbiting,tho t�ubrnittal of rluartwily inyufces smell e ubri ',1 l w
Ift D Y4a -,rt Grant Ual h,,)"r.as part of ilhe ub-Pe6p nt's quarle�,y r pd imq as referenced rr11'ara risph
(12)cf ittss Aqujjeniotq
V the,W.479SAry funds,are mot available avadabIe to fund ibis Agr n*r)t ad result or @Gaon
OwUniled Stales,(bez [ass,the federal 011ir e-af Manage-mart an6 oti dooling.the stwe SAY°mid
EXHIBIT B Page 256 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
18
€nanzial of roueir or uncier s4„€t9• arti rap ( )b of this d ger,*-Unt,ara obi€gatorrs%art ttra part of the-Division
to m4k ,any further payrnont of funds B ail t rf`�iIIW&. and the Sub- ecip@ rYt shall submit is tjos4 ul
report wfthiri thirty days Of r +aiving nofte,from tfr MIsion
€.29t; =l��c� T 5
a. All refurm or mpayrnems due ti thte Vivision,under this sa�bjeat to the.
exhaust h-of a pe s;,are.(fare no later Darr inirtyY f 30y,da.ys from noulfieat pr€by the Dios=ion of f"r s dUe:
FEMA only a9te%s tt'Mirty ramof days from for t°re funds tc he relptald'b0are,it vii,t refer Irio
amount to the PEMA Finance Cenfef,1rF'Ce tc;r callect€cn.
b. The Sun-Rnir° nt understanos arm*yjr eti:that If Ree=p tit may riff-se=t ivands due
find payable to;he until the dolt to lbit Beata is satisf6ed tm wch event,the Reop,tent wdl E
rib t`°le the SubAR" ent vre the entry of l oto%;rF forida=f�4,.;r�rgi U
4 Aqr' rr€e rt ar to be made
c. AN€afunas€r€r r` rtrt•�t��ents d'ua to the r#i°�€siora t�der Ibis �
paiIeabliri to the order mf Dross of Emergefrzy Manai, rtior t`,and!ntanted €rutty to i€e fcli'aavtng
addt'ossa
[�fWw n of Emergency ency Ltana ternem
CaahrrCL
rt3
566 Shurnaal Oak BoUlevardi
r„a aliaitbett F L.32,3Ng I0
tnccPdiroe" CN'"'i'fM�l av91 '7tdlr'' 14A�41C1� ',If �f farl'Ctie¢�j"ZP' :JS
retur`rt CJ to the Division fir p lfectic . ark-Reoipierwt Shalt pay the Divismn,a sE;ww c On 0 S 5. or tia c8
f the face arnowtxl of the r i.,med chep or Cu lt,which uer is greater.
(22 fl DA NiDITIONS
a The validAy or;his Agreement as.swltjocj W In&truth and accuracy oil aty th
rr'(r rryiat€tin,tetareseret t ras.of i e atariars submitted r provc,f"ed' y the Suo,Reopsont in this Agraerne�tt.
in any lxn,iar aub ,ss€t `swo rotpaan se to r-equest,or in>an y arwwwoea CA ry=seance to tub=lt thall
requirements,pf airs Agmenlent, All of Said a rri rt€aly�n,€eprese,MVI nS,arid?maler,315,are aneorporale
by r'ef renter The inacc udacy cat the,subnvsstuns or and P #Gtdirta,.changes sOail,at ine cabt o-jr€cf the
f tvas€ n areil With th 1Y sttiys°�^r�r ter t�a}9l e`to Ir,, w-Repw�aor that t=errti rss;ifon Ca@ t"rs r r�'itint
and ilia Wease of the Dtv€clan fror?"€all its W °atrcns to the Utv,Re+�r €ti€'at.
E
b This Agreeir M S'Nall be,constwed unaer thr;[awti of the State of rtir€d:a,a,r d venue
for ari,y.actions arising p�f of pmti A reernent shah'be ran i1h rt3
r�.��Court ati�of� s€w ���unty tt any pro:+i�ie
Ilh4s Agreement is r?i cc,hf1cI with any applicatrlw statute or ru,-_04 i-,�uneftforceabre,thall Me praiva;s cr*a
shall'be r€oll,israd void to 10-e eme=nt of tt ccrgnit Et,,and s.hait be s evorable=,but shall no,,wvar,rdste arl other
prevgsioP of this Aqre nt,
c ,satyr Po"m of appr ja"i Or al.'isuaporowal grarileld to the Divswym;ruder the terms of this
Agreement sm. 11 sufw the term of lh-i?�•Aq,w,men!.
EXHIBIT B Page 257 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
19,
d. The Sub-Recipiem agxees trr romptty with the Ame�ri n%aa'Vv ra DisabrRies,Act� uhYs
Law 10 1n33 ,42 fJ .Sec1R; ,ro12101 0,1M J.nwhi�ch�rnoh bils t3isc�ar®s,drielren by rabri=c.and iaravate
e!Me urr the basis of Msabplity wN ernoloy ant,;public ax rarraadar ns,trarispmaton,siale
government services, and rr�l c�aasrra €rr�eti�r� -
, Those who have beery play„ i on the lta�Ied vender 1i,•f following a c nvic.licrra for
Pub, MAy atria or an the d'dscrrrrazrraat vendor list may net d trait a bid,on it contract to prn5v4 an
gooft or services ic,a public enbiy.rrury not t bmit a bA on a carnlrov yr%lh e puWic ently for iho
catrstri"I.ioan Cv repair cia drab'15c.ba"M';nga ar public Wolt,lila.y not subrn.t bids on 6eases W Teal property to
a public entity_rn--ay nor be,awarded or Perform wa4k,as a contractor,surpp er,subcon,irai;oxd of
consuilani aa-:der.a contract smith e puWv,entity,and may nest trans;;acl buuerba� vrl airy pui�l'rc entily In
exc &s of 525,VA,00 for a pentad at 36,rnow.hs feonn the date of tiemr q placed•ontheoanvicled vondaa Ivst
or¢n the discrrnsinalory rrendoi list
? Any Sub-R ecrpsenI iNhch,r(x o&vps Funds urg er 1D,N,Agfoe,ia,6'r Cnom 1P*f ede raI
rSte rrdrr"r?i t,cartifies,0 the besl or is =*Wr dge and babel,mat i. and Its:tlr ,st a!s:
r Are not presently debarred,s is Coded,pr°o used ni-debarrneni tow ar~e
asaligirole or srtalrrraltara,y oxcludeu irxam,covered Cramsacf,io.t'a5 by a feral departmraraC or agency, CIL
rr. Have nit,'Wiltria a l o y ar period preceding f is proposak been convicled of cta
or had a divot'udgmem rend r.e against thta¢n for fraud or ra crir n-al',,ri nse op ca nnection swrih obtaiinmg,
aatiemotrng to obtain,or,POdarelfuno a pubk.,(fe.deral,state of Itacol)1"'n cton or contract ko'.der pablyd
lransactwon,wi Ala Cmain of lecerail or stake anwrt44 statutut or corn mission o1':er b ierrl 1.lheh.,forr�r, cts
bribefy,ralvrr;abon or destruction of record*.making false sloflements,,or teociving slolen prcaperry;
iir Are taut faint rdy(indicted or atheirwilia,G,lrlhirna"rye or ciolly chargeo by a
ggovernrnental entity(f datnsil,*tale or cal)won cernra is of a"ofte ses en afrneraacqt itni paragraph, CIL
( )t,i� ail lilds corrifita. n:and,
I'd, a4te tar sitlirsn a five-year prlc i;�r .etisrig Flits,rrrrierrf herd pie or rraare
pt 16c°ra r sans dieera..sexi`rrr cr lcacarry terrnr, ted it eras or default, CIL
1"the WD-Recipient is,onalrble 10 t:061y to arq of,she slal n�rits in Flits ceslrric;.ation,:
Iften Uh $ubi•l i ;errt shalt artath dart explaaa-tali n l.o this Agr meni
h In raadttieaws th t1Q-Facipiienth:afl send to liho Division I by caraail:pie by
fac irmile transmissl ref the Completed"Certtffcatio A a,rrf ng DobaFrnent,Su3porrston, �
Ineligibility And a Wnllaryp Excfusion"WtachmarntC),for die,SubaFte ii l int nary and each
inTencled subcontractarwhichSub-A iplont,plans to Fundy Faunae Ibis Agreement. ThuiI form rnu!t'.
be receiyed by the Divisdon hesfar°e the Suthm ecfple-nt eiriters Into a:contract with any
subcontractor.
r. The Division reservet,thu n r,t to r,n Weral ,cancel lhi Agreemem if the, $ ba
kee ir!rrl relauseas to ai"law pub6CIroess to all documents,papeW tatters:or olher material,&vbl rt ld the
EXHIBIT B Page 258 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
0
provision. of Cri rpiler I 19,,Ronda$tatoWs.which the Sub-,,Re ierlt u66tedor recev d under this
Agreement
1 if the$0tD-R0ai faiun1 is at'kawrreid lra t mPora ly inure-st any advan s or iur, s under iQry i
fpAmrneM,aiaayn imer si,incomes shalr eyiher hfe if-Clvulod to the'DiMion of lmappzed against the
lormiision's oiol gatir`t to pay me cantract.Sftiouni,uPiess orthervii5e,gcwerned by program spe Erie w nidr
k T me.State of Florida will scat intentionally award publicly-finder contx cls trr ariry
cmlr for who k.nc ingty errp! ys un uthmriz+ed amen workert,consmuliing a yiolattom of Iltu oirnp!qymmeno
pr i s ns ccffl.ai�tedin M U. .0 Seciion ,32; te;(l5ection 274A(e)of the Unniigr l n and Nanona l Act
4'v:dtilA.11J. Than()"visror,sfi ll consider tare eVnPI0VrnQvI by any e raprtscloer of ijmaullhorized aiaeras a viol,abori �
of SeCAWI�74A(0 or the[NA Such viviation by the Sub�,PecipiA ii tad the ermpllpyrrieaat provisauns: E
conlaine.d m Setirion 27411k e)of Me INA shall be grodnds for unilateral camce.Wwn W ibis Agreement h
nlle Division �
a': All unmanufaclured and ra'0mufactivared rlid r� m attrialts and,suppal s•iar re[l are �
acquira rta frar'pulb6c,use under ti is 11,, i l must have eOra produced in the UniteG limas as required
on der 41 Lf Z. i a,unie" (,)uW not he in the pu liu rrllervsl or unreasonable in oast
rlifPiIR TireCL
,� ���. p�a���a�:farr+raibsts r'earaabu�r�eraa�mt tar' s'9.� ss�v� te ��dll� �r?�aaro 9 �a�°un� '�
°totem
Seol.'an 16 .7,rlcraula Statvaes,, rtaa.aiW.s 'any dis ur emler-ti f50,grams and aad
appropriations Uri a trsl to a vonvact or grami'to any paraGn ol�,rga aaa SEii��'w cjn ss the lerm;s,tN the grant
rir"nlradt g r hlbhl the expem,&Uee taf l`uW9 for the•purpose of lobbying the Lei asiar are.llita rpudariat
bran-, i,ve a slale agency','
C NO fvnds or€elf r re sou mmers r cocead from the Division nder then Agreernetl nvy be CL
us;diwdy of m4iractiy to influenre legislation or a-,ay ether offrd ai rar 4vi by the Florida Leg1slalar or
any slat,*AgOncy,
d Tne Soma apient c42rti0ieS,.by its Sig -m re to 1his Agreemerl lhX to 1he begi cif h
ur he;r rya, ge ark;f)alibf
No Federal appoopriated.lunds Arive been paid or veil!'b.e F ad,by rar rare
ti0atlf rat Iho Sub• ecipiemt,t0=any p rsdn,for ire°iuenR-i lg.ur Marto pt€ng to,nfiiaence an aofiacer or
0.i1rp 0'"s Of any agefiCV,a Whiberr of Congress.an Officer or employee 0f O'ijrla rtr s,or an empioym,,of
a Memter of Con rem,in Cori., echon Wj1h tl°re away ingl of.any Federal conlrau,,the ma;~hg ofiery
Fedierat gr ht,tie making•ad any Federal lrrar,the enleT11119 irim of any cc perali,Va agee nertl: and the
extension,continual ion, riew r,amendment ot mooliftatibn 3f any Federxwmract,g°ant®loan or
(xi r: ratasre agreement,
ii, if sayy fumes o tjerii n Federal aW,O „riked frands have I �en paid mill he
paid to.tarn person for influerr prig Or aplereript�mg le irti a°r ric art off i r ar emFpl a'e Oi'0Ay agency,
Member Gf cc ngres s an Officer or empj yee of Cures`.or an employee a= iembe,of C rgt ss in
EXHIBIT B Page 259 of 305
Packet Pg. 1761
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
21
rgra lion,wit"'I IPis,Fecieatal*detract,grant,ivan cc c prw l O,A r rneri,the ub- $ rpi ryt ty gll
rririple'le and su:bmA Standard Foram-LLL 'Di*olcure of Lobbying Ac".ivil s.,"in accom"'mo W"ih its.
IN The ub-R ecip°+m shwa°require that tr'!a�l��rtaf�,�la�° be sncluc ed ir,lhw
award doicurnenls for all obawwds at all tiers tia Irrdiraa sljkno stravls.subgrams,and contr cis undus
grants I0001 ,and u epprative agreemenils)and that,all Sad-Rec4pients shall ceo-4 malt:disclose
accesd•angl ,
i'v TIM 5 is a arkateriall r presem;0t,i tea f Wl upon vAich mllanc `W'Ds
I)IM,6d when this lran,sach'nn was made or,-entered antra, SwornmisCcii of Ilia cortfication is a p.rerell uis to �
for,making of ontvinq'Alb thid If arisacl n +reposed by Senlbn 1352,Title 31,is .,(�'0de Any pbrs,on E
urayta3 f a"B#to rile 1110 required cert;ffiw„atison..sl mal'r tie,subjuvi to a c'kwaii pe realty noel tr: tlk0�al �t�. ud and r1 t.
ors t i�n 5100.00 for each such W0.
EXCEPT AS PR7lOVIDEO BELOW,ANY AND ALL FIAT Eh1T RIGHTS A CRI.A G
UNDER IN CON EC'TRO 1 WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
ki�S gVEO TO THE STATE OP FLORIDA;AND,ANY AND ALL COPYR[t;HiTS ACCRUING UNVEIR CL
OR IN CONNECTI04,WvThI THE PERFORMAN E OFTHM AG EE E4ralT ARE HEREBY" �
T f 1ERRIED BY THE,SLIE1-RECIMIEHT TO"ESTATE OF FL 1110 .
a If ft Sub-Recipiem has a pre,bmstmg patent of copyright,the u -Rucipiem 5, @ll
evLAi a all rights and en1-iRea rb(hl:ta to that pre oxis vng patent or Copyril hi:urilless AgneemenT praymala
b, If Amy discovery or inmetmig)n is d la, in ' coursa of r-aS a U.iSkA of-mirk or
SONi S performed uRdef this Aqr ernonit,ca vi,any way Conn-mled with 0..1 W,Suo-Respienl'Vmall r,efoe CL
th€r disixivery or anvention to 1hr DMsion for a damfmi nation whe.11i 11ho Slats cr ff° ril will R"+ lo,-
pr l tU!.in its r Ba is ts. Ang pateni righls ,rpirag u'rvidur tsr,in 031nnaMon Mh the,Pedbfi mOncu of this
. r edidrn are r r d la the Etatt;of Icr t If afiSr brsok.s,a enu ss. fLlt r rr4Ratrr pyrighlaCL
U.
¢r`a&ateri tc are produced,the .jo=ktrcaFiienl shay1 notrffy lea rvvmn Ar it oopyrigfus avrvuing uader or in
con nectpri wffi the 0e.-.6.0 rrnanc endat,Imms A.grent"n of ar6lr.%lrasf€arre y the St�b-Redip plat I a lR�a Stare
of F Inni ;a.
c Within 1hr1l {1M days of execut�on of'lhss Agreetrmera; we Suba- e6pient sfall �
&iicIcse aril i.n-teEle E a i prr iartirs rula`ing to Me orfiroermOnce,of"Ns Agreement which h;e Of' n moms ar
shcutld kmw cC:urla �iwta a iss to a,pa,ent of copy ighc `11v Sub-Recipient sham r-Mahe.all eighth amd
ontil,I amems I as arty p4a-exisLing i nN615Wual prupe•aly which ms,da�V.050 paiivaa td dRacR�sa sll rarFs�icete
llr:at ma such properay exists the Owlsion shall Men,,under 5ar graph h,4iave the n hR Ito all
paterals and vopyrights which accrue;dun-ng Perfol"mancif Of the A. reement.
d I1 the Sir-Recipiervi q;a,'a ifie s.a.state university under Flonoa law.then,pursuanit
0.0 s0ci3on 1004,23,Flcm;•da tattata� ,ariy lnaaenlion conoelveu on s:ivr ly by the•e:7 pluyees Of(he Sub-
EXHIBIT B Page 260 of 305
Packet Pg. 1762
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
22
ReCrpioilt shah become thu sole praperty 01 e Sub,: In the coso,us lout inve atiom that m
a V&)lraria e poirity by or-ro or mare enr y .s of bash pamMes hereto..each potty shall hav04 on equal,
undivided interest an:girl to such print The D VIsion s halt r+aunt ''a perpetual.,u'retir ulth's Fully
pa.tone 8me lrrears :tar its sa*a and the use a'tin,vintautms of arry resuiting pa1et,'rt ',,ropyt4med
or t lteriio, t w arks products..davelopped salely by vsa aijb-;Recfpr`ent.ur1der this A-girleamvent,for;Fik9di
125& . # �rt !I� FtfT1 " _
The ut'r- rp,�erit eedtiAog that it.leas the typal.,imhos€ly to receive,sae¢sands under lhis
r ameml and that its gaveming body,has a:.ai orizea 010 e x6cutara and,accepiance of his,Agrueerl mi, �
Tlie Sub-Rem'qient siis,o(*rtif„ s that the rtr es r t,e l person has 11'a ulhurrny la legally xe•.o and bind' �
Sub-'R a i ht;ra the iorms of this A re rmont
in ar rxarrl rico vAl.h1 C,F',R the 'A- ecip nl h rotyagr s that rt will
(Puro,1j or Cause to be incorporated in'lla aamy contract for construci on auork,tar mcdti't amm iboIrdef,as
dafirled in the r uloiror-m of the Secrelary of Lab at 4 t QFR Chapter 60.Mich 15 pa4 for m whole or in;
m
pari°WOM 60ift Obtained from the FeAs eral Governmeml,or is rr weal o'ttha cretfii of 1h*Federal CL
la
Govef m n*nl pursuant io a,gNtlrlt,isontrat,la?yrtn insurans .o;°gatararlee:of 41rvirartoken p„arriwant to sand .�
Federat program irrvogving suc,,h gr-aK oonNewil,to an, insura e, r rgaiaromee,the fallowirig oqual
opporlru°'ity coo
During teas .r'munonce of this earrira.c;,the,ca'7aractor agrees aas'dlm .
The conlregcor v ill not€tlsr-,riminote;mpnmm any empbyae or �
app c:grit fee e4inploymenr eub4ki d-of rice:ccror re-Vion,meat,or
national onsets. The contraclor wAll lake off€rmahvg 111jom,to ensure 1ha1
CL
,apribcamt,Caro player]..and,thap empf weer amjreated dum.,fig
e17PIG'y neri1 WiPMUt regard to thew mn.a,cola°»religion s 'x or r'iatrors l
origin Such acbon shall include,h,4fi1 rah be limited to the folzomm ,
e mbloymmenr„up rwing dernot on,of trtansfIer'.Irmultment.or reerewsivi'oor
a r r Berg.Layoff or lemiina`ium;rags of m 04 other te€rras of CL
rrroponsa on,and s romtiorr farlr,§ining,inclawfing apprezrliceship. 'The
rlhractor agrees;a pm In conspicuoawas pi es: v011able to rpltayees
and arpGalir,aftls for empioyinemi,r'KA#tes,to be providet!Yet"art 'osih,the
priovisiasns ra4 l is nondiscriminalim dause.
6 The pontrartdr m1l,in a#f s I. owat=C i or dd oirlise ner"hs.for �
raployee=s placed by or am behaff of i cta r,aro�Cor„stale Mat all
cvwliNod a;aplydants w li tecuive considefat ns fat enaj)ley lent,&,•Ih ut
r Ord t-b rare,color,r li i n,sex,a.r r^ri boreal
91P. The,cantravor'Mir send'10 o Bch labDrunion or r llra's nl,A.me i�i'
vm,kem%vtltq wh,,co tie+fins,a cqlfegtivo bafgaining agr rrienl or,othear
,uonlroc,l or undermonding a r otrce ie be,Provided adviso f'he said lalPdr
union or wrork rs'fupaa'osentaw s of the conlr 's commitrrrerits vmdor
Ihs stvion.and shalt past a males of the nolice InVaor%picuous `aces
ArvaJoble 1a ernpl%,ees and apPhoarrls i i eralPl6yf1geht.
EXHIBIT B Page 261 of 305
Packet Pg. 1763
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
2
iv% The caniradkdr wM comply with as.i peciosions O(Exeo-vtoioorder
11 24 ref Sbpternbef,�4, i 965,and of the,does.rag ulations,and rerevani
ord ,rs of the ecrotary of L bar.
V a r,,e xt:ontraciw w1i furnish ali rrillormatton and reportg reni,lired trtr
Execuli a Oel er 112,46 of SeplamW 24, 1965,and by rvles.
rr€glulalic,rrs and orders oil the aecresarx kA Labor,or p€.rrsdant th�:rcto,
-rr3dt are€=B parrrsll ADCOSs W his books,records.Arad acroijnts by the
adrw5;r,w ring agency ana tfso sosraiary of Labor for purposes of
rove ij;Atian to ascertain ce`"fli ande with slijc s ra id re tilatiaws ..and
orders,
e. In the even',of the ntractlor s tl'r
riondiscrimirawon t laai r'rus cein;ract yr w h dray of ltie sailt r itlU`�+�,
t ulopiirxm.or om e s.v i%conlra,t ray he canceitod,1errni3n2tea
s uwad€ Ud in whoTe or in sari`and the earrl.°a„lam i1"ray be d!ararred
lnel3 b*for;lurther Gov ornmen'l,coriaradts or federally assisted
c s1r"'I conhtari°.s in accmdar r;witfl praceduresauthoilizeld,rn
Ex tywe Order 11246 ci eptefna r 4, r, w and such ollw rsanctrons
may be irnp€as 1 and r ri ies;IMwkibd as-OWNiae iin�x wkve order
112413 efal mber 2k 1965,ur by role, reaulation,car order of M
Simvetiry of Labor',or as atharwrse proodeq� y I,aF
vii The Corrlractor will-dodo the porf:on of the seriterict CL
-
rrnmed,alel rd�"coding pare m � 1"ad;d ib�� �� �
k p• �. � p l f ,pr��is€eras at f�ra��dpPa .
(1)taarough 6d'j,in cvL y su1.xn atract or twrchase a^dar un3+ess exempted �
by r `•es,n2glulations or orders of Its Secretary of Labs issdeo ps ifsumm
to s n 20•4 cf Ex cul4w, OAdo�r 11,246 o leer,,,tor 24, 1966.sa 1haq
such rjr&visibn5 veig be d nd n uipon each suknontuitfoe or uendar. T'* �
contractor will eke such ar„loor°3 Willh respect to any Subcontract as
pu,€craw,ow r as the adm iVedrig agtonc r may,die .t*%a rp aIns cl'
erslar'ci'ng siu,al't wtiwsions,inciv:oinq sonttirirrs for noncom,pkinco
firovided. 1,.awe+ee,lta.at in the a venR a contra ar tt • mL. ,ra a':sed in,01,
its threatened with wilh a slubdarilrador or ven r,as a r &ull
s,rdh dired.ton by the inisterin agency vle co;airactar may reair s,1
the UNA@id Blanes to ienl tr en[o such l7lig,ation 10 p6zo! ?1'kw.interests of
the United Sla'.eSL o
b: The tr= t s 3 t nl:further morel tl°r,1r,�will e barw)d dy 1h�*ai�o�e uaf�pt�tae°r�rrrt
clove lwiw h respecii to its ewri amplayment pra4hG@s wjfsen r!parl5p lnl'es rn fojerally assisted torislruclzn
mark:, provided, Mal;l'1 c apWiicank Sc.ptis iaip °asr+t 3�a;Mate 0 Ic al govemmeraf;1ho alive equal,
oppa'tt,r liv at ,ase is:not applicable lo,any agency,in s 1',rumiov,71..a1N� � ld r rr�.
Which s S not pailicipalt ilia wow*a under the wMlrAct, �
G TheSub- ecipt nt a re that r will as;,a;,t and cacperafe act:xr Eyr with the
admis rslerin �lr,.,nc and Me Secretary of Labor in obiaming they cornphancle rd dantractdrrs aid
sir 3iti"Wcat:s.with tare equal,appOUn°3hy clause @P=4 ONO,.'ores,regulabofts,and relevant rsrder't,of the
$ecretzry ef*Ladpr 1hal it w'rl furnish the o0m,mWering,agency and the Secro.ary Qr'Lokv such
ar fi s aaan as,they .ay regLire fof'the suPON15,80r,of SUCM ararrioh nce,and Mat i adi s he rwwlse di gist
;he,adnirnLfsrering agency in tree MNChalge of the agency @gencys primary i spas ilily for se—curing r a pli�ir,
EXHIBIT B Page 262 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
4
d Ue t. x yaararlt lunh r agrees that A will refrain eforti 0+0t,orin r"to any coretrjcl.or
4.0nVaV.rncrdlfica,oc ,ables t tc Executive Order 1124 of seple r 4. 1 5.= h.a,c�rlfrst.`trlir
Iobarred f om,or�&Po fgaS not dernonstrated ofig tiLkyr for QiP` 1"!' rlt con raNcls and federally a scststed
constructv,n oonlra its pursuant to the E',xaculiwenrder and w ll u: try out such s,ancwn and penaltie i 0
%riclalgon of the equal•oplaorto y cwvsoe as Mai be r nroscd up-on contraol rs Land sabcantract-ors ray flirt
adm1r1,5t!l arngg agency of ow s crotairy of Labor purt}uant to P",If,$vbpaf1 D of 1,he Execulive ordL tr!
ar,°tWWri,theSub-R"o,cnt agrees,that if it fails OF Muses tc,cOmplV w1h these and ri kmn s,the
adrriniatevirv„ y may take any or WE of the f:ctta ::ng act rt&: ��ncel,tern�;r�at ,or.sus egad in w-lolo
or m part trus rart(contra-loan.onsurartce,gu,ssarst e),W,(-ain from extendlnq arly 1urlhara ass=sSrittt„
the Sub,-Rvc:pient under tfra pT,& fpel to w A1) efi.-Jffr to1und acurred unh salisactoryr � AC a at
aft aarana offutoretwipt000e fart rrl d Irom auks l italur l and rlrsr the c. atia Rc the
Deparrrr:efl f jus-ice for appfophime l rt rcc.ae ir�gs. 0
Thy a,r Fttauips rt hereby agru s that,unless ex rnpl,a nduzr Federal taw.it meal
rrrcorporate ar!cap,s*to has insorpofaled ialitO any ccrflraul for work,or modifiCO*On lherecf„
the fills rarr'rItµ.;sE:
CL
i nta r"tor .The con
i- ev sh ll comply with 1 a li, C, a , An
40 fJ 145,ana3 the raque,rernenls of 29 C F.R.pal 3 aq may be
applicable,ti r h arc,i,rrcorporaried by r f r nee Into thIs oGnmraet,
si �ubcontrazts Tha u drier r aut r lr t ha=1 I r rt an,artily
obemr.Fays the clause above and such cil er ctaose%as the F EMA may.
byappeopriale instruct," n,rcquirqb,and also a clause requAring the
skybeontrIactots to"include ttiesa c1cluses in any lover flat soixontr l's lm
Thee prints contractor th3ll be responsible fear 1.tte c ip ianc fad any
subcontractor or wiet liter subcontract-orfilet ail cf th,ese conlract,
ua sari,.
IN Woach. �b�l�sa(Ih s�tract�la�s ;,' k�€rlayr ha g,r�us� �
for l r€ttdr'a'Mr l ca l c Ira „and for debarmam ate a comract;ar,and C.
subcanlrac trar as Provided rn 29 C F P . 5.1: .
11 J 11 x J�AgT 41 QQ FETY ,1?yps ��.
If lh �hw aci a ink,`v:sth the fends atWhorized by INN r #amit,ll enters into a cwtviraj �
tlr t oxceeds.$11,00,00U and iuvollvwes the ern* rneen a°€ echan4s or laborers;,thew arny 1 'w c nLract. �
gnu l include a praaA:iatirsrr frar omptsar .h .0 370 and 3704,as s,uppferrientel by Departme ll
of LOW w v!atlda^vs(29 C FR fart 5). Uru=deo 40 Q S,C,3702 of lhe,Act,eacIi must be r qusifed
.O u rtrNpuW PIS uVage,s of ieVot i mekhan ic.and laboror on the basis of a taridatcl work- f~orly,(4r4
hours. Work In ex s,&0 lrae 8tand'ard wrr)rk w k.is Proved that the worhei,is u 11pens.,ale
al a rale of naa Icss than one asild 3 Valf llOICS the pgjavc ralr c'pay f0 all 0u, wofk&d ih excess of firmly
(4 )110urs in Me wort'~week, 1 rib requsr i ents,o,,y 0 U .C„SMA are,appll,-able'*,to construction work
and provide.,:.fat rub d Ersr'or mechamic,m p t be r ueed 10 wows;in.rtarr undiiings or under 6, ,ng
conditions wnichate,aras.anitary irrazamoutur darugeaous, these requirisments do ism app,y whe
EXHIBIT B Page 263 of 305
Packet Pg. 1765
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
2,
parrChates of supple .ry rn ateriats or articles ordlAar 0p.available•oar the upon market,or, rrtradts,for
tron poilal n.
r.2-9)t
It the € b- acipieval,.wAh the funds cjkjthonzed by this Agpeenvol,erasers into a oaritrwa
ttraEt deaf • t 50,00,th lri r,,,y SUZn canlwn crust iricr e the 10141 °inn pray'stun:
i,Antrrar,tor� agrees to CM ply with all applicaVe standards.orders or
regVahoms assia d pur'suani to Ow Clean Air Afi't 142 U,&C.7401.-767 i q)
and ie Federal wit r Ponution Conkol A&as am n0 -b J US C.
"251 713 7).ar?;l wbl repe.0,6olations,1,p FENA and the Regional Office Q
the.Eftirunmer1al prolooli on R:gancy(f,PA),
Pet 2,C.F.R.200,211 Suspensiwn and oetxw Qom,non-Feder non-Federw giant tool One,,subject to t6
non-provjrem nt debarment and suss nslon re Mali n iari&,meming ExecoviNve Orders 1 .A�and
128 p,2 C F,Ft part 1$0,`w note regur,•slons restri i ,yards subawar°6s,and conlra:crs with�wrtain
parties that are d mrr'ed,suspended,or satl*rWse excluded fiom(,o im,eligible for panieip-Winn,irr Federal
amistance pffoptams or artrwlti s..
I f the ukt- c,,,ponr„wall inn funds authGcrz: y IN$A r i"m erd rs i,n o a contract, CL
then O'" Stich COMM"2t IMU0 inulurJ6 the frallowi'n: priavisldtts;: r�
I. This ccvrrtract is a cAyvered transamon Corr purposes of Z C F Fq.
pt 18 o&md 2 C F R pt. 000, A%such the=c-arrtroctor tt required to
,r Mat rto.%e of the crontrauvor,its pr0z.,r is tdefined al 2 C V R. �
180.g ),or d"N aff.=Irat s�aefined of 2 C,F F. i 1 orb excluded css
(defined at 2 C,FA. 1 7.40� r div4utlfiffitd Mef ned aj 2 0!"A".E
rr The contractor mr&ist Apo ply wrttr 1�OT,R lit 180.subpart C oral d-
2 U.IP A pt 300,sutap '1 C mind nest mclude a requi ent to ccmpty CL
S
19e the so re g fatlons 4 any'arsrur liar, vere Iron w0ty rt antes into: _
lir Tinis ofenofitati is a materiaJ roproser4aiten of foot reiied;capon �
try the Division It r1 rrr lajoT dat rmrr! Vv% l the contractor aid not t rripl r CL
with 2 C-F,R.p1 ter,su pe°C.and 2 0.F R, pt.gip.stdapal ,in
od itran to remerlres waiK:,ale to the 0ivisio .lot,Fedefal Closes Sri nt
may Catar,are availaable remedies,ies,invIuding but not l rr'r:ted to suspens on �
anal or tafeborm rYl
W, Tne brdde.r or pr-oposer a r eo.tea comply wrth the rerKfrairar` ents �
of 2 G.F FI' pt 1$0,S Fapart C and 2 0,F.R p' 30M,subp r1 t'while l.t,is
arffat is uai5d and t ray# ut the period dal'Wq corriract Met rrroy qri o
Ore this offer, The 600r or prdypose.r furVier agrees 10 i aria,o
prow n requiring such coitnphance in its w r I�,rsr covered transe,ctiofts..
Ir t ,eSub-Recip4.nt,wilh the funds autlaterrzer tq 1-b*Agreemont,enlors inld a Cxintraol:
then any such coiitroet nest i,icl jtr;rho 'Vowing clause:
Byrd Anti�t.r b ng,trnendrnerm, , LI S.C. 135 [as arnor eds
omlr ors wha,apply or bAl for on eturrrd ur S100,0 or, tar Iho11 file
EXHIBIT B Page 264 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
b
the repwered"wrtificixhon. Eafch tier eertifisass to ilia,tier bo�we 1hal it wg'gl
nut and has no!umM Federal appropr,t�te fums to pad any pets
organizabon for-Oweercing or ader ptirrcg to inflikari,ns an off re'r 01,
eriptayee 61 any agency,a oiemhor of Congress,riltr r or emplayea 04
or5,gtk:ss,or an employee of,a:mentb t al'Congress in conni ian with
tbWninq any Poderar mmrs,.a gtapnt:,or any oche*award c,.overod by 31
£1 .0 .135' Each liter shall also d�SCIO @ any lobbyivig, 604h rs i.
Federal funds 1,hakl Iak a plaocr in o n;� Thar-with obta'WI any F"edorW
aawwtd,Suyh,disciosuret wo fwwardad fr° r kith to liar rapt to the
r'e�ipiullYt.
021 , C�tl �IrL� w &71apRITY khF � t lfsk
a 1f the Sub-Racipeer.l-.Rw„ i the Iuncis.aulh rtz dt by the Agreernerifv eaem io pfcx. re �
"Ss Or r;,s ih n,in acoordam w O.h 2 C.F ( 321,Jj-,e ub-FR ccpiesl S11W takes the I,0lk'V-R,rj
crc.
affffmal e slep°s to ass'Ure 11rat minority busa°rwess,es.women's Gassiness emer trsos,arre iabor surlpltas �
Area Penns are used whor, r doss we;
0
i. Placing(tvalified shria€l and ruin at'r,ly businesses and wonneit business
emerprrse-s on sotrcitiDiton1is1s'
ji ASsUftrj that snia'li wtd minuntly bus4iess,e ; &d gw riven'sr business L
�,4otvrprises are soi,c0i wwtwenewer they are,p 1¢ntim sources, s�
Mr. Div ing total to uireements;,wti j�M-, --Q 2t de situ,w10 srnaller tas tl or
quanlikieo,to permit rnaxenli.01"i pawrticipwim,by smo i oto sv.lnonty businesses,i1ru w am- en's;trvs:r° ,,s �
enitcovno ecv*;
14 E:stab4istr ng d0vorty schedules ;its,,': r _rr r �°ra hr h
encou;rage paftiCz Gabor!by small 0,,Fv4 rnineeky busirvesses,and aw°orrieKs busvness trirarpi isos'
CL
';r Using iha seivices and � �istarir�,��s� re rxuk?�.of such'or nizalve s
Rio*mall Busineg5 Adars nelrat cn a,rAti 1h,e MzhNrily Business De vel rnwrio n A oncy of,Cie 0epartmerit of �
Commerce.
CL
V1, 'Requiring the prime comravor,r1 su'bconiravi:a.re o is ,: ac take Its
r�ffsa'n'tat w° steps listeo An.pnro�vaphs s [hr ogti v.041 ties subparagraph
The requirement ecsll mma iiri ubpa,r"jap,%aa.obove,ssorneisrnm refwted o as
sa,c aed rr ai ii ccnlraving'does not:,mpose an odli oloin to sot ac� a etthaf the sofiritalJon crawortl 01
a conlr of to these types of Norts Rather,the requitement only imposel art obiggaiiabn to cay °*sat r
sa ar71 t�'e six it
a31,rr�t��a��ra stops irJ�,stal<.se'd9 abv'e.
CrThe obntr& rng'. u W"Ort outlines tie isleps that pie
:$uIb. eap vnt musi iarke;1he requirements,dQ ni:A prdlaludia the ub-Renipwt Ewm nderta:ing;; lit°.ionai
slap to involve small,and n1irldcoly bus6nesses.ara t srrr�n`�b�srre��erj&prses,.
d The re uirerneal to drmme tote!regwirenne,�„�,V01,0n emnorricatiy fea!GsW e into
sip 3er lasm or gua:r.lmes 10 tllM11 Maximum!'Partaciooticin by smaV and, €nrlk y businesses,arm
w if:n s business enterprr ,s,,tf t�?rDt aoth o-1,,e the Sub- ecroient to bre ik a single prof -, dawn Into
EXHIBIT B Page 265 of 305
Packet Pg. 1767
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
Stmi!!er c ponein1s in order to c;imumvent 160 ftlo�ro-purchase 4r%ml,04 put&ase thresi I0.5,30&N to
uta9i e WvearnIAW4 ij.. ums.it,,0ra pro-,e4 e% e-prq,€e !spiitvrg')
The ulsAftii i&sit sh !comply wstaa ny'Stalu°Iem,of Ass;wnance5 mrofpor,ated as
Wach-wi,br;t E
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EXHIBIT B Page 266 of 305
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D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
t
14 VVITI F WHU; r,the pad-4s hereto;have xec:utcW jj�,4AWrit ent.
q
,
ME, 59- 00074 STATE OF FLORPDA
DIVISION OF EMERGENCY MANAGEMENT
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AYMOVED
RT; aELIMI W - ' RR 3
A U!;TA7;T�S oONTY ASV
DA1 ere. 'I"r
a E
U
EXHIBIT B Page 267 of 305
Packet Pg. 1769
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
2
E HIMT-t
THE FOLLOWING F'EDr-,PAL.RESOURCES ARE.Ad' , RDA C'U TO tP1E,SUB-R CNPtENT()N0ER'Nf1jS
AGfIM,pWE,NT
Federal Program
F er-,,P einq Fee je �pil 8rriorgency Management Aj;ency,Pubtr—Assislanre Program �
CAI of F2ud raf Durriestic Asststanci�:97,0 6
Ai4iouoo vf Federal Funofing. -5 $35 y "
THE FOLLOWING,COMPLIANCE REQUIREMEN"Ib APPLY TO THE.FEDERAL RE
A INAcR EU UNDER THM AGREEMENT'EEMENT' o
20'FP Parl 2GQ UriiJorm AdminisVatiw' Requiremeii-,,Cow.Pr ngpie5,and A4i0it Require enfs
for F ek%,Pv.v&tds t8
44 C.F R,Pad 2
• Tlaa RONVI T,9fijffoi d Di seer Re6ef m-n ;'mwgency A sls.2ince,Act.Pubhr.Lame,3.. tad.u, s�
amended,42 t S C.5121 0 maq.,and as,ve Awl%orsl n
F EM ,Pub.$..Asaw once Prcgrarn arld P[`+Iwray(.3wd1b,2,317 ts'n efferk f"ar imoo ide*1s duelmrc On Of
�qqef Apol 1.2 iAi
Fadwaf rP'"ra m w.
1: Sub-"Recwp- €rt is to vw fw,MdioSj tap i r 0,..gible achvti l s in acwvdance'4'4 the Pubfi
.Assi t nct Prbg ram and Paicy uide,gal 7,w:apd approved Prgev °lbw"%i
classified into jPe leacvNin ca""ones CL
Eme g ri>cy tutor#
Categary A D btus R nieval
Category R "EIr� rric Prtee�I;ia heasur
Permanent Work CL
,,4tog&ry G:Roars and Bride
t; to rfy D water Carmel Facilities
al gory E,Public.N uIdin s.and C{knwrits
coagory h Pubk Ufli fies
C ie wary G FWks.R-Gurawaal,and other E
U
001 L'' 10x*11 icy SUbJeCl tb all adminia,rotive god fiivinv l roquinaments as set faeth in
Agreement, r%,vili be m Qiwat iron of the•t rue Of i e Agr rw,,l.
N0TE" S ftqaurt 200.3ai(a)f f1 r �!CPR,4.'T ry?vnsec an d`Se:=i 2 E$ dr a rdrr€f;rr.
td`,aar dt•re Voynml(,X,)fw O&M rvdtmvO Pry rams aim State Prqocrs, c h'.Mjrrd on py f a lows
rapt r a w�rrrrl ir;td m Exhdji< d be prover:r'fo),h(-aarfs��r)Gwfoi�' ,t.
EXHIBIT B Page 268 of 305
Packet Pg. 1770
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
.W
Attachm,ent,
Budget and raj,ecl,Lt t.
u , to
The Budgei of this Agreemerg iis rrimi a$j d Dann md by the atmoWnl of any roa Kxt Volo kshevktj C ' a Jhaif
tr a,Federal Emergency Vl an 0ill0,A'Aft, ra.'Jon(FE VA'l hasumig ateed for a silo cop, r, �.ii'
1:yl; d exec.utiarr S Fu,bsequen`P'Als Or i:I oraof wfP on,cf -ase or decrea'selha Bu0pr,01,tl°ss a,
Agrwjmw,.i, l he PVOs)that'li;ave been wogoted;anrcr
tr m Sub-R.evpent MONROE COUNTY
®®_ ....
PI NA t'rr ftl True Estrr� t d F f urea wt4t Garp Lr o[ 1F,, ndn�
Share Shame
5T3.63' i 7 1aa k7 t
€V 30 (V
tv'Akt
�R!ta., E 'r ,ra . �°a t` .4E1' 8C1t '65,
._.._---- ....� � � ... _..
� Q4' 7 r rk a � ' +a�4.i �s7 3G+ ?L .fib l 6C)6�r .. (/j
a xs wy y
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EXHIBIT B Page 269 of 305
Packet Pg. 1771
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
I
Attachment B
and FINANCIAL CONSE.'OVENCE$
q .r a'of'Wor4u
ar ,plem elivVe Prc eels for emergency prcAm.tive re m4_ esd cluswig removail,repair or reps cemerl of
I.,&Wor damaged faalilies,
"arWbon FEMA has obli ailed fundiriq!o,r a Sub-R crprent's PVV,the DWIsica notifies 1 rabW 1 .g e r'rt-rrll
a copy of the PW for P2 Report). A Svb etl:n aril:may rmer e triers Char"one PW and each w;liji cos tar
selmr to Prrsl .:. Attarhmero A.Sudg i,prod lufo, t Lid o if!his Ag ernetil will be modified a
necessm,V to In rporate new or re%ls.ed No's For the pwpo a of t1hlg Argmamont,each Projleot will �
be martitured.comploWd and reimbursed independently cif the other Pjis whict Ek E
GlrthisAgreement, U
�ntl�er�utrl �
tirrrrc+j� t 0
U)
Roinibttirs-^rn nt requests,wilt he Ski",1"lt~d O JratcMy fef each Large Project R&,,mbursernerlt for Lags
f'r v[ooms Orall be based cin the cif cornpleviloo or the indivsduat Propeol Any irecirmv For
neirrti Ejrse¢ eor shall lah5vidd,adrrattate,well or aniied and rzompi e%ource dccurrrenlaVon, tag support all CIL
costs related to mho Ptojtad,ae shall€e 6earty+identdi d by the prtjeO Nwrob r asr gemeraled by FEf A i�
Requests which dry nos: of �n-.mil be return d""o mheSub-R c5pient PrW to,a 6P4a W1 for p ryment. s�
Rd-em, ursemeht up to 95%of me lomW e1qibl WrivuW will be pad¢ipan acceptance and upon
finely or ua.. rly Reports drue gip,d ys>aft r end of wm quamor
« T.nielyr subml.ssicn cr'mvoioos IR t"ts frr Relr'ribursemarmtl at s1 qua ¢ty a ,d:s, (sport by
r r urot t c 1:for ah Costs of the pr-:�,oct or servicm The flna=iar,,wdace shall be subm idled Witivo
T"ixly'(50)day-5 after Via expiration ol'V7e agwvnemm or l m t-!liaqject whioh er is
,cur f,`r9,i An vaKottinavoin 0.any c.murrmstainnes.prrahaWimg to sk&mrltal of quarter invo;cers CIL
sharl hie 50 inifled t ft a l iaa Grant hlana,ger as paq of the StebryR rpionJ's gtaa�Jcrly
reporting as ref ererr r in Para raoh y of this agmemem
Tirne,'y vbiv�is,sjoh of R q,uest'lor Rnal Inspection(within nNnety(90)days of project a Ple'!on
for ra pfk bdt).
,ih-Recipient shaf'ina ude a sworn M awrl qt Amondan lnst.;tr e of Archit cAs f IA)corrals, o'2., CIL
Mtn GJ0:3,as�requtsred Wow
A Aflydarvi-The Recl iant is required 10 Submit-art,Aff;dav0 sigr4d by the Recipient's
larra,s:sct personnel ath each,resr atarsa n§nt foque ",of lasting to the ferllov ong:the
p rceryt ge-Of complimbn of the ways that the raimokar rot rt. tiot't ehat �
host t s n,lmrims by"'OemlS"re:ma in ac rdaonce wth all,of thm,Aq reerrient and
regulatory Conclitrafy&arid l.l;at r'rylrnbursemeN is du a.and:has•not,been pt4twa5tawtyl
rarg;uaestd.
B_AIA Fasoms it e and G',"03, Fv curnsirWion preleets w,+hes¢ n architacrural,
angst€eetrang or onnstrucl'ion fflana erlh,'Jtl Nerii br id ,constm liar,administration
SQ-emirs,the Recipient shall prowifte:a coley&this AhY&'icao ln�Mra.e of Architects A',Aj�
I r r G,702,App4itation and Certifcatlon for Psgt s ens or a c;0m robk,,form apprawoo by
this Uivalo , ign J by the tontraetor and inspecUorafoo..d,'&F n OfflC doot or eng.'neetr,and
a copy oa form G703, onhhualii- heiet,ar a coirinpa rani f�rrra pl�r rCA,ay tho
DMsi0f,.
EXHIBIT B Page 270 of 305
Packet Pg. 1772
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
rrvo p r ht)5 1he trial' ibl* onimt 01iefudi^ Federal,alma and t °al Shares)will Inrr.Wrlh11e1d
fr rt Payment urr>11'the finat Request for P backup fos advar.,ve e pen1il.ur&)has beem
` °l Was ateofftble by the Division'N•grant manager,whit.h musl inclurf4 dated certricalr n oral I11
Project is 1OD14 oompl e, Pum1her,a,!required d umeryl ton j+mom tro avoiltat.We in Flord' f koi prior,to
mlease&final s ,to invvda prbnmil&Policies&orooeduces,procuremeg4and in%;q�n(.e ducuments,.
Small,proj'auti
,-ts Il mitmns will,be paid upon obis aft.ion of that¢rOjNZ Wo k3`ll et. Sub-Reg ent mm$f,rrtikr�t�trda
mmall Project Ql�bs6oull in Flmrida!P r r t withirn 30 opys c°cofnpile,lori�ud zhe project work,or,no later than,
the pe-radi pf l rforml 1, o ood data. Small Project CN)i'mmot is,railialrrrd b�Woing intia Fla6daPA casg,
selecting the Sub R ip1e-nl" attrrarrro fheor seiaclit.g•C<r ate Uew Request%and!srkxviv ' ffrtv Small
F'r.tl t Crariip"tea n +Ct ra fl`. staratxsa't r the form iod` ;aue°. The I<rral arlm,s to Adlvam,t the form ire
Ik.€ext grainue for rewvi
Flrrarrclal Ciensequgrt r e c8
For any Protect a,,Wj)lhat the uuipiejll faiis to complete m compawne 42.Fo ral,stare and l,o l �
r'oquifurnea-:7s,the Divismn shall,wilkho'd a porTion all the lunding asp,to Vie full arnourit Arq fumds
advanced to the Sub-Recipierm w,ll sae dwe b tb thr,Division, .�
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EXHIBIT B Page 271 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
33
,AltUchment
GI;RUF[CATION RdEGARDiNG DEBARMENT,5U8P'ENSJGN,INELI IMUTY
mod VOLUNTARY EXC L LJ$40l
rl} Thy pry tisr t t I�t b r z ant, NJ o �i ,ni° �& a s.I p subcni ma r�ter
thig meant,I t n6i1i .it nor it pre;,:=pals rs pr r tly debarredu pimed rr5 s hr
00NIMI'ment,do-cl red ineb ible,nr v unkenl exc,,, 8d"m, prmmipaton mths tra.nse ivi g any
Federal Oeponment,or naov
(2) 'Whefre theSub,-rl Napiant' s,bconvvjor is tinaW lae=% rt0V1ja abuwa ataternerrt.we prosoodive, �
cantrao,,vwi R.maoan expitanabon t4 this iom
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CORTRA T P
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Name amd Title DEm ContmctNurn
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Key' itit, FtorabJrj, 04
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EXHIBIT B Page 272 of 305
Packet Pg. 1774
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5"®
AllUehmen't
DESIGNATION F:,AVITROPIT'Y
The D 'l nmili an of Aulhortty rm is submWed with east new disa t ( or emergency declarant to
p-rovido,Mic authorityT t ru - ecivi�nts Primary Agent and Alt rriaile Ageoll Waumss the F'ar}ridaPA oro
syskern in f{' rar to enwr svates�rwoew a te,��aril diocuments,and submit throb Pec ss ry C
work the neo event_The Designation at mutton �°orr i-s origin iiy sulbmlted as A tAChM M'D'to lh=e Pad
Run&i ng Agreement for welch,disaster or, me airy deg:w-alaon. Subsegadentiy,fate Pfirairary or Atlerrate
iitict•sho-uld re,al I&I the agency caril is at least oarli ayr The, Cara r uiest
ia chaope in ronLavts via ernad to the Male learn, a note showio,,beenllorem^il Flraar ap orrg A thrb last is
forre l contovs shaurd beremaveo as scow as they separate.mwiire,er are reta goes by the Agency, a
new warn will oifly be needed if all authoriz fe'v sentatkmes have se ratea frcarra your agency, gore Mat �
ff a new Oesr A-Abort f0Y'M is t ub-nined,aNAt rel y ReprIeSentatives currently ironed as that are not E
wn raided'ant updated form will be deleted front FIrar'4i'V&ov,' as the ntac%listed er,s replaced in the �
syssern net supplernearri t.obi=lasers micwa k)g in-an a mrw,% basi%to keep€,heir accounts frann betailling
F=ked,.
Instruolions for completion
Cbmplete;he form In it.ti nla retyr,ksting the nar e anal infomalion for ail reoresentati°.aes wahta iaw;tt be wa .i^a
in Pre Plorid PA org grant Mon agonrien,. Sysi rrl. users mNl 4ie mbfted-Wa ernal when they ha U brimrt
CL
-guwT =cess.The user Must tog in to the Flcaudla A org system w%than 12 hours berg rcVfred rM it
amount ount will luck them out.Fa�_ta user ti'ausl lriq in dhin a 60-daVltme p ri)d or Moir a aunt will loc l;t rn �
Out I'll the ovitirir,you ir;,r to log in and yow account is lodKed,submit a ticket:sasir'r OM'in A cu s Request Nnk
on ttae mome page`
The form is dt dted into,Uvotob bbuks,v.each block nnn,st be completed-where appr apriale:-
UFOck f-'Kurllrorired Agent"-This %houkd be the Wghest authmAi y in por or ariqatior who is aul on eci
to Vqn= a& documents on behalt fit`your or niz,atidn. (only one A uthoN?exit Ag ant rs allowed and this �
pees n w1l h mv fu l eaccass°aut:honly vnIm,s calm r aiso rdctra+sled)
CL
Block 2:: ' nrnary Again- - This is the p v°son de%sqrjaled by your aoigan''hzalhan to rcceive .all
,rresperaden•te arr s cur main paint of coma t, This oorracl will be raosp nru.ble far ans'&etm tt�s�stir�n s, �
uploading d-acamenis,and sottulilting r pecss,'aequests In r1o4,'teap Wig.T e FFimary.Agent is as virally riot
the Aulh arezed Agent but should be ros.pbnsi b for u,pdatinq,kill! sl -Dhol ers an all jgtpnt a4har41
(Ontyono Ff irilawyr,gent is allowed,a W lhis contact W&I have,Cul"I access),
Barak 3: 'Alt morale 4 e-f'-'This rs tire person cles,tgrarted by yctur oraYaniiz itin to R9voJabla when the
Primary is nW. tOnly one Aflermate Agent is allowed end this contact wxJi have full a esst. �
Black 4,S., and fi: "Otner` at Contact, Ris IV@n0 en;G-rrd=tnsur n , and EryoronmetnW.: �
Hisl:orith Providing lhese cop iacn rs essential in the coordinVion and,C,'x`i,ar un;a dtion reg6,red`hetween
slate and local srib;ect matter&XpOft, Wt understand that the saw to int may, identified is raulttpi
blmks,h"�,Ov&r we ask that you enter r1he narne and information again to ens�ara we ar=*vyMmunicating
milts,the correm rrsdi vvd'uat .
Block 7-i : "Other'lRKI(r,Only Accessl-There is no lirnst on'Other'ciariAaaVs kYjt we as&that this b
reski;.ded to tt�nse that are going tu-actUally Aced to I err MW have a iofe in reviewing the vnfortra.7iurr,
This d migration as only for s3tu,Ai guar awareness purpose&as indnodudts wzlh the'Other Read FAYg
desirgnaalivt nrui&take any action in 000daPA.earg..
EXHIBIT B Page 273 of 305
Packet Pg. 1775
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
15
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EXHIBIT B Page 274 of 305
Packet Pg. 1776
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
F'M.xM vCRl<xNi M R.dc FFItMRI,AM
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t"tea ,�u,..N, m&by to fine sue;ram,: %' 5 ILI'p mA uif Cv m A nex, ''Lm tl N oe �,:
6°!ROammds(€c-"sWA.P4,m.wpme Own Iml 4h"m me Iow W s..M .m..aa�ss�,'a as�R„E..�mi 3r.fs'Bs„eai°x t8dl�s.wLi��a.Jef€.�.a.+fit 9�3�r<;
bev,,a .�,,' g=u s u ,I�fi a fir, .9aan�.rre s .a ,x.��af.�. at I e I'4 ,.a kP p 3 J�e, a r. a I3! eI rx,€aoi mo
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EXHIBIT B Page 275 of 305
Packet Pg. 1777
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
3
Atfn eh,raenk
STATEMENT OF ASSURANCES
1°p 7ho Sub-R pent hereby erVr" Compliarnt with all Federal statutes, iwwairon%. 00511t*t',
guidelines,acid rert�irrlrrr rats.ir�laardin�:h,sri.ncr.tErn,n tc t�f�&l�£;s=u �plars CW ,�2"1,A S7, � t 1t1,.
122,and A-12i3 ..o 1 3? .and U nilbrm a dniiihisu tiRequirements,Cost Pron6ples,,wnn Audit
Requirerrents for Federal Award's.2 C.F.R Part 200 thatgcvern the apt olication acceptance and
vso 01 f�edoeal rands1 w this Federarly-,ass fed fr y„tec't
) k$Ot iov al'y. .o the exleni the fbilowung Provos ns applv lea this r% rracirwnt, In Sib-Recipes,it
aassores and omf °s t=wat:
a. 1t possesses l is `rarity t rely fio€ t=,,e gram, and to finanoe and onitstruct the
proposed fadluties;ZhW.a resctra'10M rruowh.or similar aMon has beer,duly 060pted �
or i s-tddl as an official acr I the uC1•,R "4 'ef'%qov&ning bod'°y,an,iinonzinq the fr ing
of the agaplrc alzimn,lrncludsrwg all under standings and assurafi4osconlained therein,and �
d teCting Wd authelrrszlyng the person identifi as the 19*16 1 ru rosentative of the Sub- fY
Recipient no k�pl in cvinticticn wihn the application and to provide such addfscmai
informWorl as tram be,ruq;wr>l
d To the t` pm 0 its 1 iiadedge and bets the 0:,$ stir r liel work desc6bed an each
F"ed'eral Emergency f%fanagemer1: Agency $F W) progr°.Kt AlbpNicaaicin for which
Federal Ir`ii1$rr ;ill.ass°rsrari �s requested i el ible �n a +�rdon,,1 "iPr %h taePfaCL
contained in 4'C F R 11 ,anrf anplicsWe FEVIA policy d ,�rrnsefncs..
1 Iia emergency cy o sas.,er relief,sort€rhefe-i n nlesroribod try€ash°ch F ed ral. srslan*
is regsa farad I'Wou1"der des not,oc ter!'Pol,d,plrpole rcd,frIs=available for the same
loss from ormolhier ovEc .
Thr: .,ls- e d aient fu,lher asstdsas it%ill;
a Have skrltlr.ierat rvrnds owolable to meet the rhea-Fedreral share 61 the cost for
nor str r tirar pry eels raf'Plusd Yt fund s will be. a.�laWe when oonstrucl ra rs. �x�.11aletad;
tb, assure effective operz4oft amid it"tai ntor'J of thR. facility for tm- vurpovy CL
coe,&Iructed and if vol it wiU from flea G ve ndrtea cover me cost, _
b. ReI am from entering into a c-w structi cowiacgs�for ine rued-cr or undertaku other
actin=hies uaii,,Ihe(xind1koh 041116 g;ant program s),rava been rnet.oil C t„a,,-1a me el,
Federal,State,an ':talCL
ro ;rtafns.
U-
c, Prowde and marntain competent Gael adeguala arChitachxal engineer-i ng supe!Vis n
anrr Yln&lfeebon li lhe tonsfr~ulscin site to enskve fuel tree con'%die?led work conforms to
Ise pprove%l prans and s ecificalions,.and wm furnish prQ r ss,r p04s rind such ol:Irxeir
infornialion;as the F e:' l gr0hlor ogbncy may new. �
d tautm work on the pi ;iec1 to be of rnfrRe c %Ntdrb a reasonable time after rempi or �
no0ificalkyi f'rorn the approving Federal agency friar funds have been,approved and ill
s 1� t nark;ran We project will be done 70 amps li with reasonahie aRge4nce,
e, Not dispose of oe encum r iI s title or W.,hor iab hts in the ante and fm�4 tlas dufitnq Vtle
period of Fad�ral interest o v ITWe 1t d[IdwesriMent holds band,.,whiohever 8 long or,
r Provide ®gift( rl uo!4 to the United States and tare d;t'antee!Rtnripr rnl all ands,
e wmeri€s ah4 rs,gh1.°t..cafanAray necessary for a=omoh%hff!ierrtf of 1h0A(9:,rbved k and
willalso hold anlj sa ej.he U n.jed St tesand.he Gr :t er-,j,pienl free frog 7 damages
dire to the approved work or r`wd{Mral furldir .
9 ssa4fosh saleguards'lo prohbri emplop*es I'r p u8i-,ttq them positions for a purpase
that is at gives 11,1e app ar e of being irniotrvaledi by a d'e%ae for prlv'a1e gal;,for
EXHIBIT B Page 276 of 305
Packet Pg. 1778
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
11hel-jellves or ethers,rd qx Aarlr those,.wih, ` ilw 1jivy hme laimilyr,business,or Pther
ties,
h: Assist Me Feder l grantw a encyr in rt Ar�pl; ace with Sevtron t f try 'Nationie
Historic Preseivatlion Art of 1966 as anleftJed, E'Adtutrd Crde°t 't1 & Arad tile.
Aecir*.410q,ival and Hislrrvr l Preserr atmn ,°4 or 1,965,try',
I, corisuimir4 With the swe Hislotxt Presurwabon Offraer an Vve corrolum 0'
investrgati-o!r,�s, as n"e sary, to wen.lay Properties listed in, or eligi ie tot
inclusion in lrre Nat real register&Histoeic P w-,,s ihat are,subjewt to adverse
Ore *4 M C.F,R, Dart 0.-�t b�the:ak'wly,. and nolIying the Federal
gfa-fftf 9,gWIVY Of the oxiatence W ar yr rsus;:h properties.and
aI, by cornptying wrh all. 0.va rl'-,Mr6d by the Federal,graaalor a en y �
lea avod or margate adverse,eff i v ran!weh prep rtiem4s
Give the sponmoring a;envy o" the, Comptroller Geierai, thrpwph a q aaj rized'
mpresenlaUve% c-4 s la arid the righl to examine all records Dee krt, Pagers, of
documems related to she grant, 0.
I WPM re specg to rlatfrwliFun otbvtxe55
s creme arid rraAe amaiiaa10(.,Kutl9Y n1atro,i suffaaeni to der°r n lo-we hot the
Suta Rduip ent and its demolil n cw4rd-,tur have rmffiz6ent man,p,&Aw and
i2q,uripment,to comply with the c,wipr,,rons a&o0nnud irr Ows Agreement,
ii. re j.rn 11ne piopeny to its iftatwal slate as ithough no rInpro%r erst had n CL
cL
contained thereon �
i.: Fornish,locum daikon&all quairfieo personnei, lifto a,nd art eq-aipmeni
nocessary to Inspect buil'dings located in rrk>wRecaple��s juoysKwon to 6eieci
t"re Presence of asms"'.0t dated lead in accordance with r u Je- e0s if he U Z,
Environrinera;a4 PtolaCuon Agency,V Florida Department of Envor m., tntal tti
F'ro action,and the epprcipfiag@ taunty Heallh Department„
iv provide documenlalinn-alf the anspec.Iion result%for rsa ";situcturtr to indicate �
safely h amrds pm. arR. neaith hazards presen andFor hwwdou',matnrals
presem, CL
u taroawde supeesinsmer ,anrrar rar' or kklcpo rarrpluyad by the la ,.
l ecr,"ert to ramose asbestos, and lea4 from doiffroh.hod or oche=:'Wrse �
ppliUbk,structures,
a leave the der clCL
ashed date cleanr lev(.-° end free of`debris,
W ACAI`V the :ranlee ec ie i pr rnpt,�of any unvs 1 -xisj;ng condition ayhucta
P%a pers 1t1 cdr it le r1;wm*1
whi. cblain a!I fequIred;permits,
ix, p=74a zwJ&&Sses and roarked maps for each site whc-te °t<it`ae"wer1s.and
efJlil tanks aara to be G used',alor v nh the r uarrA er of 4 1s arld teptrc t.a nk-,
localed on e l site and provide,ddc rnentabon of such crones.
X, Comply WAh mandatory !Mn:rda %arid p0lidu r04111,qq to er rgy effi iency
Whidl and obntaOned in. the Slaie energy gonservMboh Galan isTued in
campliont1d loth Me Eno-rgy P&J--y and Corrservalion Act,
A. comply-Ah all OPPII400e Si nda 0s, older--r requiremenlp Iss% uand&
Section 112 and 306 of the Clea parr Act. K t:oil hod 01 lice Clean,Water Acl.
E:xotukyo Order 11738, aid 1ne US, icrivitionniental Protection Agency
r rrlaLf n •jta�s.clause mug'.be add-ad to any ul;,c tl;rauls):and
Nir orOVida, rf Oil ta 1,jOA Op ubht-nor ces for d emotiiion ac,w`.hes
EXHIBIT B Page 277 of 305
Packet Pg. 1779
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1
Require faciLdes to be designed Ian Mulpl"y with than°"AmerccAn Standard pegif r;,-pN nS
for Ma*rA9 Ruil&n s and F t relies Ar-cesgMe to,, and Usabfo by the Physically
Handicapped," Number A!1714 1, e$ mocirfel, The ut�-Rarcl i;ent will be
respo,nszoie for rons
by the ntractor=
I Pr 4,t4q,Equaik ErnploV ent p� , rtunill r Prr gran,if reqvired to rmairlain crie,where
01e appircrrJ°ra 1,a for 56 .« J5"y Or more.
m- Relurrn overpaid funds wairh,sra the Pony'I'w�45)slay r qu,remeni ,and if unable to pay
volhbrl the required time pence,begin er'klaaag worth Me GfOrA66'Reciprent in g fades
In the mea nt a Federal ff SWe round of F dim I or Stals ministratia agency mae
G7
1anciling of drarr,caainiqton after a thie otractss hearing on the Grounds of race COW,
r lrgioan,nation ;origin sex,or disabi iN a in%l a€ocipdo r:t of to nds,t>arr ardd;a spy af �
tha hoding to the.Office fa-Civil Rights Office of jtasnce I�r ra1
1q The a b-Recip:er(l agrees i1 will c.ornply w.,£Jh t1id,
tr Of all prorv,rs.bns of the Uniform Relocation Assrslanc and Real
Propertyr uuiskla,onrs,Act of' 1970 awhioh prasvrdes toe,fa,.e aro euO ar'f tr&rrlmeryl:of
persons 0 iff w d:has ra totult rat F ud ral and F ederaltya-assisted pr ranls,
le
is Pro sions::of Fe0erat law found at 15011, .Soo,which fim�l cenai.n pro ti'C i
tact, bes of ovpicryees a',' ,a State or locol unit t;tt La' se. princip d?' CL
orrnp=byrrienl as in connection vikh an arc1r-j9ty financeo ii Whr)Ce of in part by Federal �
grar1S, �
-G. Provisi ;s. of !a 0 g4.. 5° 5, bald 600 S r&fal.frag to iedvisons.., r 1 " a�
ppropriatp:ws.,and€mple'yyme=m, l Gut t1 .rlar. ildc;l tibns:.
of M"mimm crag orld rna lximurrs houa's Pry gas:; ns of the Federal Fair Labor tar dram&
Act.
onllael Work Hours avd;Safety standards Ao.of f mego ring tlbat roechanics and f�
labo ers(includ,mq r,chm n and gt,ards)employed on 11704rady assi Mad contracts
e paid wage ,W o0l liss than are and one-haft limes ltaeir bapc w�-t e qijgA for till; CL
hours rk ^J in *c s.s offairlyhcurs in a work week,
f. Fodbrat Fairs Labor sea dau°ds.A I.r .fuirrr°fi that Covered uh of !�he paid at least �
the rs;onimurn prescribed wage,stud,aiscr lh al llheeyr be pairs'onet and one-hart llmmes their
l s,sc wage ro.'o for all wo*ed in e e s of the pros%°.;rued work-vvev a, CL
g A l`-Xir,% ack AW pf 1' wr2lr0o outiows and praosa; thus pen,alties for"kick- cx.,s-0"
wages in Federally financed or a sra-e rss'trr+lr rn lraasPi s
i7 egkArerneraps €orp sed by iFe Federal sponscOng a ency , arrC tildng #oai I
requir meni,of low. rg1ta n mquirements,and V. r admini l;b li i"uiter`n rlts It
further agrees to ier,,Sure 1f7.at the facilities sandy-4>ls orwnersh6b, l�ase or supervisx)in �
which are, utilized in tl°re of the pruied are not lis w..... P'ae
Environmental PTutevtAori Ag nc:V' ( PA)los:1 of ViWailing F acil llios and that it°w 111 nil:"y
tiv Fedora!grantor,agency of the Woipt of any eorrlrnu nptaltron from the Mai—Or mt
1)1P,EFla Offite of F dea,ai Ad VAie°s incur° fa:n th l 0 f rlr; '!a Lasts IaSmf lin the pr ec1'i
under colts n enwl ion,for lusting by the EPA,
1, Ffood insurance purviaw, r gra5' nlents of, Sewlion 1 (a) of the Fib 119 sjet
Rr&tedtbn Act of 1` '7 ,which requires 1rta1 On and alloo March-2, 1975,line purchase
or'I trn`.uranr-e in oomm.,unrie5,°s age 5och insuratirce rs arraikWo,as:a ccrr itk)n for
the,r t of any Federal financeal assistance for or acqurtit n purpo&es
f0f ON ar'a any area 1h9t teas been dei,&1ied by the,ti ecrelary pl tba Dtparfrjent of
tfCausjsng and t�rhb n Develnp rient as ao area ham'ar,r $penal fb hsaza fd&The flhr s.
EXHIBIT B Page 278 of 305
Packet Pg. 1780
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
40
"FederW t9MMobal,a S410A " includes ar;.y!arm c9 loam" grant, guaranty, insurance
p ffe 1,feba"; -Shib y.(lis.i slef OUIM'stuo I0440 Or Ufanr,or,any ocher farm or dimc1
IInsuerrrnce r Gt ur rto nt°a of,&wdfoh 314, fPL 93-288,to obtain and rnai ia,ran any ofter
Inswarme as rilay be gvasonimbie,wfegbavw?c apd necessary to protect a :ns,1 IfuM,h.er'
loss,to any prr4parl hi h Wa S ropWed, r 'l real.tiepa,-r d. Or Umsliuclled with this
assfslarice Mate Gnat E 9A prq-aides � a'�3 tlrara Srss rra rr a�d=ty this insuraiRte
reQuirerncr.l by filing a,request for,atn ansurarr .e commisgioner
wa's insvr rice com 4ssioner aar;r t walve,Fede ai in swance requae nts f wt,rna
rt�ly thd lyves,and raartent or ansurdrw a rea uv bfe to proted agarrst.facture Ins&to am
in„aurla 1sbC`IVI°t°
k: AppIcable,provis:�ns at Tale 1 of 1he Omnibui Onme Control aid a�a strews A,t;t or �
1968, as amended, the Jjvenile Jusilce and Delinquency Pr yr nvon Aft. fit' 1ho
Vit;ir n if Crmo Au,a5 appoupriatra'°he pravotsrons of the rurreiq echla s or[fteC)lificie, �
of jwvice P°rogr mis �.rl.anci l 4 hd A ministrat4e Guide fo rams, M71001 ap,-A
ether appiloam Fe4ierat fad, h:'d rs r irculaats. or rra :ra0r.iWS- and assure the
c mplharrde a1 all its-Swo�Recir3ients ana can,°r wrs
€ Prorwisiont of 28 C F R� a-ppl'icabOo togranis andoDopetative a reemerals inalwdrrnrg Apart: �
10,Adinnirusm.biv@ RoviewPr ache: Pair 20, Cr;nliry l Jusiirw tntarrinwien ystann ;
Fear&" , c a, onri vl$ of RaMAjarch and Swrvital Information P2,q 23, �
CnmiInal tntelligen e Sywms .r+C€fng luolirilys,Part 30,hirergov rnmental Review
of Department of Justice rograrm$ao.Aelivihes: Part 4� CL
Employment Opportunity Prides and r .edur s Bart 61, Peocamnres too �
lnipi renting the Naliramal En ironi-rental Policy AcL Pass:0 Elo iprov n aaag@na at: �
nd a Nvild Protodion Prurmdsres' and Federat laws or megu1stions applicable 1
t raiASwsijhad Prrrnra"fg,
ma tad Based Palm Poison Prevention Act wh ch pra':vts,ttre use 0 lea,4 tra`Strdf pain
iL,t Construction ot''r-ehabilhtabon.or res=derltfal
Energy PiDhcy, qnd Arl FirY the. lvovi%jons of bie afire Energy �
Conservation Plana raic�Ieid pursuaaat it, rete<,
requirements of the Omnibus Crime Contra',,and$1fe Streets Act CL
f 1963, as inment'lo . Or V'idirris 0 Crf�re An (as a praprrate);Section $ of the,
_
Renaoiritation Act T97 , S= yarn thlrl`, ubtalra A, Teti II rat the Americana wtrth �
isatnrt.�im Art,A Ai 0'90.Title.I of rh Edv,va; ho1n Arriend(iotrU of 197 2:the Age
isaflraningalonAC.!r.�1v` .0e rVn nt0tJoSti, r"4 r4-•LjrSO.rraf;r s`r nFte vi larla and CL
Department l ru U e< r UlaSl.'a" . rrr s 1s; fliGy rr4;;'r illatirrr'i , .�Jg8„Ur" tt -
curnpharce of a,,l illsSub-Reupierrls and contractors,
p p ovinio ns l' evion 311,P,f. 3-28,13,Ind with the Gull Rights Act of 1964,P L. - �
15 ) whieh, In lille Vf 04 the Act, VOV40S Chat no OOSon in;mho Undbbd Slate' of I✓
Arnehc,a" rant a`pk er shall,on C4 rau; cobf,or notional origin,be
excluded from partipipaliGn un, defli' d the benefids,op,or be Othorwi%e Subjetted t
discriminavon, ender any program, ,activity for'wnivi ;h $v0- ecipi&I warms,
F 1doT l Nianval assistance arm will rrrnmedatdy take any measures rneOessary t
off .l+j ld 4:1^,vs agreament If any reat properly or structure is prowd0 v irnpfoveo with
the aid'of rederW 111-anclat assistance extended to IhneSub-Recipient,this assurance
shall obhvlUe rhre trtaa sentof in tiro cue of any transfor,our suith property, any
l€:ara$feree for the pit ;•dunng which IN, real 0,1 06fly of 51rrxtur is used fir a
purpose,for which the Federal financial assistance is wf-t1d&,j or fly,"apt It f pur ute
involving!the porovis n of simitar se.rVibes or her afJ .
q Pr union% rnt 141 ix at vto Edwumor! and-Wn-io ilt of 1972, ,as,annended Vd.hrch
prornihits d Scrir' vft-aWn Olt,d"fs;baSvs of g.aand r
EXHIBIT B Page 279 of 305
Packet Pg. 1781
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
1
r Gornpr -,en the Alcomot Abuse amd krohw sr-n Prevan,t=4, 1r aG`ririe is dui
RL habilitation AV of 1070, rela'ing W nondiscnrnin to n on the basis of afcohol.muse
or alcoholisrn.
s, Pravisiaom of 523 al.,A 27' at the Public Hea.tlh $emce,Act of 1 1; as oritdiTd4'd-
Telatingi to, niidentpality of aicahai amd drug ar lrse patiem records.
t If'roviv.i0ms0 all apptopoaltj lam,,'rhrlud-,-Ag but rmtkwl to:
The Cleary Air-Av of 1955,as amend
iii ''1'.he EperangeredSpecyesAct 011 19)3.:.
rrv, The Peosornetftl,m 1970 G�
v. E,nvironmerufat standards which rri,av be press-rib pursuant U>the litatonill �
ErigironmeiklalPSI--v Act ct,r l
vi be Voild and Scerm,Rivers Act cm 'I ral'me i 10 PoG CIi g Yes"ipt.rlenk ti' �
otemim,'components of€she nationaiwirw and s r7ic rd rs soterrc
uh T116 Vish and Wild',,' : irc mahon act 6-1 195 ;
viii En°vironmenta" sari artts which, may he pregrmD el pursy an! to Me Safe
0e,finking Water Act a1 19,74, regaTding.he pretectmn cut undergr ona velar
-source% CL
ex Pie 1Jro`5'a i ns of the, Coastal Barr•ior a'w-• (P L 7- 40) id-rite �
ctobeF 1 , I � Vh: h pi`04,f
r its 4he eveF'bdtiture of tie s1 r ttd rdl Minds
within the units 0 ah owa:Oardor f osmarras$fymern,
ds "t"t'id:pso�islons vl dill�aide�1i Odors
tideludlm4g, but salt i milvl m
i E.°.._. .rate° oer, a't:246 as aierded by Executive Orders TIV5 and � � ..
and the re ulaticris issued pursuant tie-oro, pnovoe Pot n p son sh,i`.E
be d0svniminated agaimsi on the basis of,,a , religimn sex or national
rigin M all pha&er. of arnp,lDyrnent duning 1he perlamiarze, of Federal ar
Fee2mlly assived- comtr ,t Pfrd 1,rn �ariion to ir�sura 1a,i;rCL
trealment Sri, effi,CDloy ieoz. ii radii deers:atrm. or tt.hri6r .r. nmrurlrnent or
a ,,ruitr et; � i� , la;,e114ernt5p" rates li pay or other Ir °i''n's of
co i ensatio,,and isleckm for traiming ano apprentcnlnip-
ii F€t 1151 (NEPA). CL
E- it7$ (viola"lingfacwties)..
iv, E0, 11988(F1062pl&nn Managemt-ni"p.
ti' z 1 1 fttaq l•,
Vir E '2898(E#voronrrie,,,pdal,dustrr_ ).
5� For rag'€t 5tiE0.r e4d ier'i? w7 lhk" I i €"a irldlz°sago41il&the tkfinvii.,`,k8 ins, (il thr!01.UG PREE WORKPLACE
as required by the De,4-Free De,-Free Workpioce Act of 1 WA4
EXHIBIT B Page 280 of 305
Packet Pg. 1782
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
4,
This assurance it ge'ven in mi ratiron of and for vw purpose al' Fedetal 9fants, 1 gr ,
r�=inbursamemts, advancas, ao*tra-ts, pfoprrr y, d cu;u,zr1s an&af Wh r Federat finanCiat 4'9,5istamY
exWqded, to the Sub-'Recipievl by FEFw114, The Suh,-RecJpienr ur ersla ?s that riLrzh Federal F'inanciai
assislance will be and a feem-news madern this Asurd ate and,
Matboll) thu k,7gited$tale$sand,the r���tn�'� a� aar�t have the joint one ve-a ng?n k) er laadocia
enfarcemerd of shay assurance,This assurance is binding on tt5t,Sub-Recipient.os-succevsews,t,urlsfase ,
Lind assignees
FOR THE SUBGRANTEEMO-RECIPIENT:
CIL
c�
CIL
CIL
0
EXHIBIT B Page 281 of 305
Packet Pg. 1783
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
-4 9,
Attachment F
Election dot Partidiption in
Public .ststanoe-Aliternallve i mood 0 ws I . M Pf cit Prra r rtl
Should trio Sub-Reti vnt dosire to utilize the Public Assistance Alternative Procedures pray stuns at the,
$m r-
j fie °avr,r, .Act (Division S, &' P.,L. 112-2), execution of a Sispplemental Funding
Agreement 'venin pft-MG aspects 01 Lha Altornallive ftrutdidinds Package its rrarfu4ud of the ub-,
ecipa,ent priertQ tie paym eni of%U-ch l'und95 41a1 '`Bete as the Recipie41
P'8'r# ails proud tad uncle the AltornatOve lProcodutres provisions will be requeved as an a&qanee and
e exempt trot O&W,ce aair16MOnto tzuvbred,by 864ni&l 211JAM f 1F•f Ro sda Statues They will. �
hw,vver, ,e trewe,4 as an aoVairlo 910r pert. as,Ask PdcIuof,,ts tot Rtirnbuf nu..ait(RFR&f and satisfaction G7
cA
the requ,r i rent that sm.n et C e r�1 = a1 ssf+pru.b+mCara s;# "Ift nc irn�d%mvsl,li counted' r prkx ter �
r ;Mng.a second ao-fiance. �
In order to olear tak pamacipabe i the PAAP pmgrarr for one cf the!&,flamngaptions.you rriaat read t�h �
oudonce fo6P t 3 �iL r ,r r�`�'.:�% v n�•"`*°•„ '�.e�.�` #,€..>� 74rrfr, a;nd then romplete the requireci
dorlufflenhi v,the f•d#Is sr3t paijzft, Th d=!Meots cAn IJ6 tbund under the Pd ttrwio l Woek;seciion CA 0
the%ebpage in ediloble pdf formal rf p lerrei°!.
?L fiL r,;ar 9j Galg2onj Al Requ ored Docpnipr4ls
CL
Public Avwianca forAlfeyry0ve P601 Pr'o rlrt 0V 0 r;t R r-1tou: t
Ac ne^vaiedgement s�
+ e 4 + v �
S
# a --, dbi-
a
PAAP for orr ya Iprs fi,�rtq. t N0,
Fax`` Subgranl,rargre;emen Let r
e{a5Ljlm �w
CL
t�..,Et:f ,r.¢,,� �..:,il.,� _• � ,i� I§a7 1',t �"fie, d4 8 ,°r= t�G�Fr,ar .rs t. 2a`r � r �ti€F,a t, P n ,z3^_ S
_.e...�`7 ,x a.rs tj 8...,.A`'.+ ry.. ..,. `.� rr..... + .x.,A S
PPW1 c Assi!sta co Alterna1ilve Procedures P ilol Program for Permarts ni Wl+ ik a ckno edgerne
Psis F s1 +• o
d
Alt PAAPRelaked I cunre,,�Is 1gus s,Fait Sweets,Standard Operaling Praceou,res,F O ;Archive
tw,Se w) 'Gybe 10uekd a !"'9� s�"a`'=a� s a�,.^r;, �,,,,•:.3 i x 4•.r¢f 1,...�r' �--°�Y`L wu.+_..,_...j_ �''
Nrito rr'AAR Prdo.r Pr ra,rs+s(aaoyjd ki debris.Roxnovaf ifVe wri ),pu,'`Wr#r' 28.2017 carefa:ns Vm,
Nlbvkrg chavIyos
TM Public A s•ts.lance Alternative Prod.."4,ura Nix,prograor 1w Oet`ar,s,Removal has beeft eAendod for
one year to Jijre 27, 01 .As part of the ext nsion•FF-'MA,will ffly takgh ri cc the slidlr scale pirovison
in events.with sig,nifirant deh;,lrs impacts, The rather three provisoons available unae r the POV rem airs
nrh�ngtd.
for d!sa ver decfa.red on or after,Augiast 2Et;2017,FEt`A is limning the usage off-the p+,�ors lid�ng scate
Carta+als,-wn 10 bigh iroj l i7Cido'rls,that Meet t"he following criteria kqh concentration of localized damage;
EXHIBIT B Page 282 of 305
Packet Pg. 1784
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
44
iarge quanoixes,v de IS(ouier 520m,-or °s ri mjoun-cubis yards);and disasters del,ased verb soon after
the incident(8 dayq;rq incentivize"afaart dd=wis wrrbC7voi
This uidca tr a rpli,�able to disasters declared ar,or after.Jane 2s8.2 17
provl n ire o plicable to di samers d lared cii or after August 28.2017 This version Of 1h p!v
guide up'e so u s mo pti`omous pilot qu db far dabrM remuvar('S 4)whish was pub4is,,ked June 28.2,aa1xj,
U
0
CL
tt7
CL
CL
U
EXHIBIT B Page 283 of 305
Packet Pg. 1785
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5
Publl;r,Assistance Alternative Proc-ed ur PCIaf Program for Debris Remowal AckimitiM rdgernent
In accordance wito the,Sandy Recovery unprov nt#,--i of 201 _the,Federal
Management Aile y IFEMA)as ranpiem t•,! alternative tlema tir s for ih.r Puhlov kswan IPA)
rograrn i -ougts a pitot progranrr..
Alt a re resdnum.we of the subireckpient,wee elect to participate in the follcWing..
Ac ids at e Debris Ramos l-.mcreasdd Fe rar cab t shdare(slx ing s;Me)
x Recycmp Revenue(sn n pi l r l Ilion W Wu,Owe e Iraarr°s d6briu's -voinq without a aw'a d offset)
k O edbtty tia anus for a FEIVIA-acc ted debris management p an,and idhr&f,catren of at least me
,qualified contractor Gi
E
of Mira iat I 0 FOM ocuvuW`.ubrf casks Per debris r6 .w l
1 The pifut is voluntary;and the subr v,,pia.:r1 rnu�l , ;y the s€19i 4ed a aae3�al€m�y rCsf�d�ri�icr ait GI'Is
d6bnz removal subawrards
For tl°aGe sldiei st;ale„:Ire subrecap�onl; cep9s resperss;oil6ty Per,any costs related to 43aivrs, rpr;rar9
after,s,m niorath*fromm thrs dale to i;I•m indde l un`mss,based on exre,nuat%ng irc.umsj ncfm.PE MA
gr ret5• tot e xl . r1,
3 The swofei;p:erat ack owle'djC�G Ih,5t FEW May foq,,rbsN jbI i quantify ewaivali ,s and detai s CL
tL
regar&ngs�abreicip4aW f t+errblri3n emsuiry try sr sess the p,xol priorgrarn procedures..
4. All ccrarrazts must comp y avrtt7 �§,state,and Ir el',9i 4r{ti,irr�n�erf�I�t Pr��ur�rrl nt,includ'ing
prow,sions of 2 I FR Pan 200.
5. The subr spent mus.i m ply With all Federal' nrf tl kbrsb .�
prese v al vn lams,regulations:and crdinwwas..
6 Tbo Office,of Irrswt ier Gena,ral may audit any suhreccipient andiar svbawaar ¢
r
.ta b ' r 1 a
sgralu-of'wbreirivi(n,1's A ua hum izttdRvprescnlaive CateCL
:m
tar u-ket&Fina rcd
Printod Name and Tdi
y3�...r caurais=
uti- ecip nt Name RA ID Number
W&trle B t i•nut pviltrric.gpate,in the Alternalsve P=edures foi Detxci Removal
EXHIBIT B Page 284 of 305
Packet Pg. 1786
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
46
PMD SUBGRANT AGREEMENT LETTER
,T `
To,address
To F EMA
rrs a Public Ass stance(PA)w'aak-Pot ipierM
-A 1 .T. 7 9n acmrdaRrp W,avh eC'pQn 4 a of the S'salford Disaster
Rei Farad Emear Fancy assistance Act wre agree,warcepra perm ant rfC sub want eased cn as f'i W
U
cstamate in the arrr,oaan of ,- .,..... for nuambrar° �eCa�Y�t'9 :tb�t � t8
umejer Disaster Wil 00eftt hbEp arrsahcFirty foi&I c is ahma e vve f xWo estimiate �
We understand that by par-iiapalAng in this ptilrat pfogram we win m-)ro*n urs d for allrawvaaale>cowm in
acvordance wilft 44 CF R§11 3Z,W) 'Applbzu.alu maim principles".the reianoursernem wol n6 excood glula
fvxeo emmiale We N% a"nd.I'mond tnai by agereaing to thtr�fEtrfd evjmmo,we*t ,;riot r u ,ve ad ditianat
f,;swdi n rel=,wad,to ihm racililies or sites isncirided im the su mrat,We also ack ncnwie�jl e that fai acre to CL
tL
*F tile'with tha regaairernems of a ppllco to;nw s karate regWattuns governing assistance F oarsded by p-+P1A sffi
and the PA a3ernative pr etures oiv,1 tar tans guidances flvvh as proc-aremem ano ca mmGiimgyp'
environmemal.and l'OViDrz preservaWn compliar°�rne and au t and lead to �
W,$ref FFi5derad funding
�v ,
4nalm,re of zfd- oup:'en[s Amhod zed Representative, al CL
CL
ig 11040e of GW100'%Aulbbt4 Reoreser'ataiitre
�a ,,, ,--., .,,-.,,-�,,,w. �
f'ri�9��kV�nwe"±araai T�t
EXHIBIT B Page 285 of 305
Packet Pg. 1787
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
47
Public.Assistance Alternative Procedures Punt Program I&P rrrtartent Wom
Atkndivyledgement
I accordance with the sandy Recoveryirriprovenoez A i of 2 1Jt.Me Federal r1:ergen Managgpment
Agency l'EMA.-is unplemenung a'=ier nahv p=roce&"s lair theg PuVic Assrstarme(PA)Krug am fh", a
pill prQgraee r As a ravesentatiue of'heSub-FReoipient.ou,agency 4nd&., "%the follo,rvrn�
t 'P lure to o4d-F.i wcc in vie ilwb w in-g elernents.
,; utrants ba-qe.d rtu`rxu es't€rrdals_and as°hs rah- t .il�nt.accoo ruspuer3rbiiEtyr for cra5ta
above the estimate
onsolwdalian cA multiple fixed subgrants mile,a single sutscgrant
`
EMA validal RecApioni-Pc wiled estimates �
Eliminalicrr of reduce li l fw n49 y;for�iom,,ittr peer M U
We of excess founds
eu,e,'Vof evmlabn by all Oport panel for propects wil.1 a Fed;erat share of$&millbon or greater
0
2,The p,lo1 is voluntary_gro aal„tpolG ar ri may rWtit=pals in allVrrM.4r+a pn 6dubbs year one rar,more
large project sutrgrants
11 ti'ue Sub--Recrpieni accepis a fixed su rxgrar;l estimate,the t rf-Recip ^nt undersranas 11-eq afo CL
te'si it7fiE f tilS cot 'Ufa r than The fixed amount. �
4 The firsts Rec priem argr %.1r,nolify Me raniloo regarrhng 1he speuaiim:use of excess fGlands.
S.All contracts.a usl ccriply v it§r Iczal.fitrne,.and Federal reetulrrrr,onls for larmur rnent,including �
preawi ens of 44 CFR Part 11
G. T'I ,Ol`64G cR Insoww Genera!may aPA4 any Sub ec.paeat andfear.subgrant.
F HP review rs'Lu&l berorilplblled for all su rails,re's6ia'd?ng cases wll ere new scopes&wio�x wouie
requires EHP compCanQe,bptore tne-Wigrarit scitipt of work It lrrlpr.enlontod Failure to comply with th 5 CL
requirement may lead to lass of Federal furadi_ ,
II TheySub-t`R 1piont rnay suhml appeals in accordance yr-h 44 CFR§20&2W, N v.-Vv r,F'[EMAwill not
wrmidew appea3ssrlcty fox afthona:costs on fixed susbgrants,
CL
9.- � _Um,Reo
�egnature cf fiuta4ea:a�ent s hau t* rid ftu(`ar+�t�r�l�nl. �1aCa
Primp M and T°Ile U
4W Oedles not,participate in the A4lte+rnaii-ae Pretedures for PermanerslWork..
EXHIBIT B Page 286 of 305
Packet Pg. 1788
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
49
A10chment cPUBLIC ASSISTANCE PROGRAM GUIDANCE
GRANTEEVRECIEI N 5 WEB-BASSO ROJ CT IVA 9� 1 Efr1�FIvri,daPA.orraF
Ssab-Rec€p;ertt s must tAse the Grante `s. ecip ant's weo,oft,&o projoct ca-Anagemerl sy%enjti
f lu0, sPA why(aEwa€: b!e sit w°a a�r.Ffrar'sda`f�Ma orgS to access and exch;ange:proi t,'Argrrmanun with-he Stale
IhCou hout tho piroject's life.7'isincludes prooessrnq adaaances,raimburseaient request,quaartorly reports,
finer irlsf,-,:6o 1, =hed des, orange r k� s. tirarra exten.^Mons, and other setvice's as 4pnhr,Ni in the
ya,greemeria Ttvdi,10, on than sySleM%Wl be supplied by tract Retie&il upon isques1 by the$ubA(xipawrrl,.
The Sub- ipem at ri fQu rt d to iaave vworkang knowle e taf the Fluricla 'A.earg system
PF��J �T R�Offfa4Ehf'� Tr�tJ �
f'r'e orb- eoip; nt must ra•aalnta€rt ad source rls5;;rurm-erataatron supporting file peen crr;ata. To facililait, �
clos€tiut and audits. [lie Aop°alic;am shmid fife all dacurnentatvan Pertaining to each prefect aavrilih Mete
caiTesporrdirag PW as The pet'maneril record of fthe Project, la gf0er t.,rirp Pro,st Requests
fd Reimbursement(R Rai.ill srspporiistg domarnients shoaid be uptoatled to the plaaridaPA erg w,aebsire, 0
orwc%lhss grant manager with que0e,119 nm ut hew Ara&Wh,ere to UicOad d s i5 nl. nd for asS;stan
lo-A,rng Wgrr'w1on r ,cumerts mat apply io mere thtan otxe(1)P'iftf.
CL
The Seib-Recipieral niust retwn ssaafwrient records Ix'i shgva MS Cpmphir�nrA^math,the terms of this Apreterment. td
Including does ntal,on of all pr ram costs, in a form 5-uflicienI to detr'rr`riate 000mpliance with the
(equiraments and objectives tar- er thFs and al other applidab=t- laws and ?egulalicn,, For a M
plar od or blare 15)yea€;from the date of the closeaur.by f='Epa A
Tbea five;3t year period Is exUvAod if any lit%gabon Liairri ar auclir a sllar4 d belore the five(5)year per nd �
nxp€res.,and extends heyond the rivu(5)yea,period.The records natant them be rehlirlisd:tn3rl all lrti pt€c,% t8
Osrihl,g.or ourld finding invol nq the ra wick:have been resew d
Records for 1he di jo%slfora of non-expendable parson l p mpaerty valuowl tat 55,000 or rnore at the time if �
is acqwred rust Ue re"Jrrted for five(5)-years after final eccront clan aoul. is
Records rnt alb to 1he acquisition or a ll prralaer;y rats.sst be ra'tz,,ned for five t51 Yeats artO.fire-0l amount CL
wut.
i'.ntarirrr larspeVapr nwey be rueatad by 1he dub-Reopierat on Abdtla srrlail and lase oraiects.13;
CL
i. conouct irast:rance,r co.4mations
W r vow an alterr€ale scope of v rk:
aii, reaaiem,an arnriciouttf soaapao 01+rAork;anxiaar, �
lY vaalidaio scope of wark andlor ccV.
irawinn lnspe+c6ons may Me sehodul d feared submitted by the Rec.p ent as p reque!l;in Fke€idaPA4 erg;ur der �
the Wowing coridiWns
a cluaoterlyE report has I'm 1trr6-,vP1Wwd behveo a quarters,
sa i;,e ulj,Rdcrp`sonl is not submittir. Regwests for Reimbs rsearaaent (RFR's) -n ra.
ilmely manner,
EXHIBIT B Page 287 of 305
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
9
reqweiitts, for a Time Extension have been made that vxoeed the rsrant o'liu
f eoaperd's SUMO ity ioapprove-andgoy
iv ftra are issues.or.mnc 'r€s.10enlffie by the Recipient that rnaj impaci darnding.
binder 1hts;6,1greennent,
ELROJECT RECQhQ6AIQ&8Np r�LUT'
The pu;€pose,of cio+seoijl is for to suo-Remprent to certify 1?r:3f all W0A has been crsnapf ted,'To ensure
(rely d0ekalyd process,the Sup•Fts C+pient should nci,61Y the I ecip nl within wXy(601 does cd Proiect
The Sub-Recv nt s houirt iv^Oude the fol agNing ifllomlavon vit,im, s closeout re uesL ¢
Cetti'icathon that.protect I%Cobr lad
Date,of prr2pecl cornpl ,%and
Cis of any Recipient time eyew. E
U
Lorgra project
A tfa�',*%Aion of Fixed Gust Er,.imate ubaw ards,Alternate Pfalects and ImproVMf'P OJGCtSL where fimN,,
cash exoa F t7W's original a sro via Otte f me-1 d,°foble:alto urrt for a Large ioFoAect is the 'a
doeumenlaO CrAt d the completed,e.giblx:SOW, Therefore.ape cormp,elmn e,each bo o Prolev,that 0
FEMA rabiigal J)aketf Gm a ri eisttmaled ammany,the Vra RC-C10 nt*heuld provide the 0 u mom tal b n to U)
duppo the acqual casts,Ud't1.e adf dl gists sigrrrr an.try ri;dfer f orra to eszirr�at ,annoum-one$vo— �
rpidnt should provide,air,,r xJxl,ttl;Idrvn flyer the sr;ginlfiant differe'sCe, C.
FE fafA€' vvws tile documentation and,it mcnessary,.obt;giates additional 4s WS• o, roduces funding base
tart aclu.al C4�ts Gt��; tplet€a the elsglete C� rf. If than prcaiect irv€!'acted appro`m+ad h °d rrt.Al� iron
ensures.FEf ,own hot riv-evak ate thecool-eff' tiwo ss of the HUP baased on.the f;aaA ar`ival cost,if
dunng€ile revieerw,FEIVIA doter-tines.that the Sub-Re €p:erit peeforrr d work that was not iftcA adad rn the
approved SOW,v-ENIA fl d signate the project as a�n lmprta�, d Proi t.cap the fundiing al,the oh irr, s
estimated am iunl and r' 'the ddditienttl SO"'ler Ef"P ow-pliaiice c8
For F-b>, Cost.E"stirnae Subaraard .the Ap tant must provide documenlation to support that it used tth
fund; in acwd,ance with the eligmbitity chterl;a deunbe l in the PAPPG Chaplei 2VJ1 tartcl guidance
C.
Once FEMAcoirpleties°Cie hocesA@ry revrew and funding adgvkasfri onlS,FEMA ekmes the pr eol:
Small Projects
Once f'EVA oroliga9t-es a Small Project,FEMA ao&%riot adjust the approved annokint Marl;nrl'viduai Sn7all CL
,Protect.This appl y ovon When FEMA abl4ales the PW k7ar dl on an estmate a~ acuial costs for.
coirnpiet,iing the e:'ro;taiie SOW d iffer from. the estimated anlr,int F EMA only adjusts 1,he approved 0moui11
on mdi idual Small-Prey cls s1 orea,oaf the following conditions,)pplie,
fhb"Su,d-Recipient did not eor;aps(A#the approved SOVV, �
The Sdb RmTlia.nt requests addlitbna#funds retated to an eligible change i!�,5.O
., The P "oililtains inadverteri® stci or
Actual Inswfarl;oe prDca ds dMer from,ha, mouril aed u l0d in the Pray'.
Io these,cases,F'EMA onlyt ad usts tiae specific Cost items atffected
Il'node of 1he WYuwe applies,the ub ReClt*n.t My request addifliceial f;and ng rr tine tonal acluai cost of a..i
of its Small Rojucts Combined exceeds the Mal 604iarft otflrIidted for all.of�s Small PrrCt c s.fn this,
case,the Sub,R"ila„grit A7-1u&l request the addiii o.naf fun#ling through the appeal pmcess.Oescrbied In the
EXHIBIT B Page 288 of 305
Packet Pg. 1790
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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PA,PPG ChapfeTSAV.D.wu:thsrr sixdy lwj clays of compteimn of its last Small Peopect WE VIA refers io this,
as a net Small proper Gvezrun appeal,Thy*rt as,must rndude actual cosi Tor all small
ProicxIs Itsal r EMA originally Funded based on e tirs mom zamuuL ts.
To ensure l.hat all worm h:as to en poHbo ed mch€n the scope•cO%& fk stl sfs.ed on the Prose a.
'Sr ork,6hevts,l€ate Recrpieoil will conduct that InsporAcnn.un tr.arge Projects,and rattly°,w,its sale discretion,
u4ftl onto or more Smair Projects to p(--d4W-Ied Costs detegrawlned to ois oww de of the opproved scope,
of%mrk and;nr ctxmide a l"One appr v d per€rrrmtar% "nod cannot be r*mhrtrs
TIME E TENSEQ S
r-'W,on prov.,des>�A.fw ndLaq frir wo,$R t&0platod and costs i-tarred wsllm regalata q sae,adlines.The
deadline tor'Emeagericy'4aim is 5 morollYs Sr-om the a eclarattDn date me# ter Permanentwork I ¢
1 MOMS fe rr 11he dec-laration dote
g E
Type of W orK Months
Emef�, nc Work;
Permanent.Work 1
0
If the Applicant deter-nines I,rieeoq akj' slionol krrco to rampleledle PFOyecl m€nishrati �
tasks e l.,o4 w the project,it mast suErn;i,a written request for tr tarr!e e�ena€on 10 the Rec kjrs0jrtt with the �
tell ;i srvlar eirtflot+ CL
Ducumentalron s'ly°sl}r tratlr4 delays boyond'its,control, tt)
A deta6ed lust€f maon for the de='ay`
status of than work. and �
�'t5r�itr�rwr;�t h:s,elrr ��rrth Ira=_rarerCrsd r�a'3ra5lkir€?n sfate
The Stale dPDEtsr1't ha,tl"€c,aaatlharrs€ty to grant+locrri® tlnre e;exerasns,taxted on uxl: rauar.€r€g circurwrirtarie t8
or unusual project a rirerrae¢1f.5laeyberd'the control W the Scih�Recipient W
It may extend EmergerryllVwk projects by 6 rnonl'tm and P&m ane l ar4rgek pro fs by 30 nis�l s
FEMA has 4ittlh My to extend indivicluW,protew,i deadl€n es beyond these limefra.mes if emeiiUariftq
circurnstances iuslily®zaddlscraal firne.This aPPI ea 10 019 pf0itom twrh the excWion of thus turaoted underCL
the PAAP Accele,tat d i ebbs Rernaaal,proced'ure and prol „s for turnpcuary fariMies.
,th eePlaon&,deG€'r4 mo t 11 taperwratws funded urir:r 1ne. cleiatad•Doh.ti�Rornox+at Pre�raro of �
the.A ternalere Pfeaeedures Pilot Pr ,r n,,FEIVIA ge rally cor+sxlars the folls7v m','o fc be extenuating
�srour`s rt r s beyond the Applicant's comretsf. C-
Perrnsltlrl air GNP� raspl n e r 'at d delays o10 Fo othoa atg ndes 5nvolved
Eri ronrnenla!brn,,itasien%(;such aa shall constructiora w lndvw
Incip enC other sslto access proKbited or adverse vapaet ova:minstruct n) >_
F WA generally considers the foli(min to be reamstances mth2lr the,9Pnttp .rya¢
��,slrAejf�� ��laxre e:a;ens€erw;
@erwrt�tr r ,)Oronmental delays.due to Appliaierl Wl iys in recsucstanrg pevnrhi
LoO of fundsomg �+
s htpnge"".tY !a7r111P°nit,Gr tl ;",c r cost ar=un'"Iii q s'Y'Ve'Y
o rslat€o r o3 cG druarsl$E tw
Allinowgh FIFNA Phlyr provides PA fun ,ng for WQA perfo(1110 Ali or beforethe approved Oeadl€nor iho
Appl cars,rust oan l ca`xr pleto,the,approve 1-N for tw 4ng to be el'(g ble,FEM .deed€ga ens f-0nd.'IQ Io
aray prefect that titre Apple.-anl does-or complete,if the,App,14ant cor plales.a pa-ion of the ap raved
EXHIBIT B Page 289 of 305
Packet Pg. 1791
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
51
SON and t completed work is rtrstincl rrrar„lhrL,€anoonipldlad,N.wk,FEMA only fundvng I&
the unc aph,.(ed work.Fe€oxample,of o prrrq, Ct irrcWits furdr.for Three facilities and the Apoka,ra
reatores orrl'y IWO 01'the fug€ee facgMil es.Ff MA only deotiliq tes tho anicuni relafed to the f c lrtyr that the
Appls ant did not restore,
Re4us yM 0 vould be su bmined pr.ar 10 werent approved deadi'ine,be s.peclpL to one proiod, and in�oL:de
the 1pl. ywrlg inrur", atop wh suppoprt=, g 4c umilntt: gin;-
r fetes ar°,af provisions of all praviouas f ena extensions
Coh(druelivi llimel;ne r pmjecl schedtxre in suppc+rt cd'requested time
basks,far time wdens n rec imsf:
Delay in obtaini,rg peemits,
PerrnAnng agencies;pstivolved'and appkalion dates
E nviranmental defays air►i itallons Re.g.,short conslruc{ion window n wtinq Sf c t -v ¢
(fades of cc.Uespond nCe WRh various dgenzies
" fps°o3frcdlaifs
. tnc.t rraent wewhet(prolanglied severe wea1h r condiiiiarr prohibited oocess tCa
od e=rseiy n p f craastru r; vnt Cb
. �r "t,.€fat.de�;asfy t8
. tithe*reas-on for dela �
,fsc.de"ai.
0
Submissran al'a request;dots not autornaficsail°y2 grara't a exianwopra 101110 tees€xxd of Performance l"h ual
an approwod fume extension fr rtr:the$wty of FEty A(as a°frplita ).arryr exp�.�ffists ir:curr- misI th
0 P ark;ineligib►e. t8
CL
U$
INSURANCE
t8
The Sub-Recipient under'srwas-arn I aegroes.that disaster fund mg toy by F'E
is Int dedto supplernenf,not rep'ac�', hsrwanclai assistance froal insura.np-,ro.ora�rri and Wother sources,
Actual or 6111vapated insurance proceeds nu s'be deduved frur-n all a lreablps'F FMA Public Assisr.ance.. t8
gfarirls In orkn 1:4 ovoid d p.licat=cr[of nefit!� Tltieg nab,Re6p4ant furthear understands anr3 grew fiat if
Pukdhc sivla4r;*luanciing is cab,' ated far work Ilia is ub�svq nently deleumdned fo be cooed tsp msa:ranc
;andam other saurros o,A randy,,j ,FEMA,must lfre fvndt. Azt, ectbns 101 (b114)and �
312(c).
CL
As a ra ridi din of funding under this Agiesirrepit, pursuant 10 44 C.F . §§ Ztl$ ,52625 , fop darnaged'
faCMie5 1114 Sub-Revo erst undersiastds ir,must Arad fl agroda to,maintain such ty en.of ir!swance as are
feasanaaie and n(rco sar'yq jDjurotect against frrlu°re lass for We at:.ticipaled He of the woek ct th a �
arrsured favh.°gr°, Wepa0lawer is Laser. Except [hat the Fd .)ier 1 am at odg s FEMA does no requiro
ans ranee t be,rpbtainc iafW rn intasn for iproecla where rha total r0igible damage is t ss ldan -5. dit
to $dihoo ;o 1he preceding requrenne°rrs, lip ub-Beropient under-Istarptls at regi,ved to obt in and
€ o °=tom nsoranob(m cearladn pe manenl sv*rk pr(,,,ecls in order to be eligible I&Public Ass.istancu h:nd3aag
in fajloure 0,;sasjets.pursuant to�311 of Ili Stafforcl Ant.As staled 9n true Sladlard Act,"Such wen)i;- rrust �
at a ri.inimurn de in tl°re n"junt of the a ligable ppo rKt-Cos%"F-a%irs r, the Stafford fist, requires a SubA, Ga
Recpiem to F+urcha so And marnlaon s-jrance,where 1 a1 irss.ar,ance is'reas,orlably awailavle,adfipquale at E
necessary to protect against fuatuyre kiss" to an insurable facility as a condieien lar rc si+ing 6sas9e U
assistance funding.The Pwtiu4+ -sislrrr Program and Policy Quide lures her 1,1a;rit;"Er 9hu,Apphczm does
not cominply with Une requirernent to od1aain brad maintah insurance,FEMA wall deny or de0bllgale PA fupd s, �
f3crapi, the aur£eL-r^t disaster.' If tb. State Insurance Commi ner ceMfies 1ha1 the type and extent of
tnsr,r r is net'#ebrstta-:abl°y awes=able aaequ le ne ess ry iia Drotec aga`snst future i[73s'to an r sus'abla
fachly,the Re9ponal Adrnrrruvira:cr rnay modrfV o,reta€we lho require9mbirit irr conformity%Vah the
T'e Sub-P.pricipient underslafWs aftd a €rrozs it is respcansibae for being awge test,and caamaplying Wilh all
.s iancs oun irfi tattoo-s ccntai aid in,he SWIfford Ad on 44,C.F R.§§2 2$$,-2$3
EXHIBIT B Page 290 of 305
Packet Pg. 1792
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HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5
the 'boAecipianr agrees w r�ojny mhd R irpabr ll 1n+oratr7-g within lherly f days of the date it beco ,es
a a!e or,any€nsLtranme coverage 9o¢the d rnage€dmnl*,kw:r on rtro opp icaaPiRe,Pr iE,Ucl Vitorksibeers.and of
any entAiement w compere ion orir4emn,,40on Von)ske'h lri,,araraa.e, Thar bib.-r' ,piam fwrel"ner agrees
srrsirf all grshnarl insurance iirharrratron.arrcludFmrg but of hnn€:s t eRs r J' 19 ptrrrt:au dr� l€r ;ir� ,
pages, mnSuri agrof." ,hts, oondrtaons, and exclusiorns..alalemeni of Loss,aird Sialemerd 0,Valuers foa,
each ans.urod da rurigod far:€hty
The Sub-R'ecipieni: understands and agrees 'bar it Is reqoira<1 W purS e t ayMont tm?3a`or As mnsvirance
polio+ds to the best of its,abas'rty to maximize poterrtiarl=Ver Page ewe€P ole.
l-
L�ATI�'_N 2UF�l�FJT
The Sub Re&p+enturnoerslemadsmtnay notreM110 I've I'viiidz wrist rthiwAgretornrnttea day for damage cove red
by ins.arance nor may the$ub-Recipiefll receive any t thow dupila alas tl&"Wi'rls tram any scrurcp whamaever.
the ut;mAecxpie^tti afir e%to mimbwae Ine Rer4ent if it recem-s any biupficaae ber. of€ts from any sfAarXe.
for army 0affiage lenlil'ied(A fno ooplrrubirk Project Work Oc t� ,rear which the Sub-Rec.,,p€ent eras received
�
payme oil from She Rer irnent
The Seib=Rtxpient agraes 10 nwify the RecipL`ent mn 'writing mmin thirty(30)days of 1 dale sa becomes
OW-Ore of thra p=vWo tai;lataisty of.app'rbs For, of receives aundrs regerJres°s of 1t€e seurce wlacl7 rrsvld
reasonact'y be Considered os dupytcz"te berefrts..
0
In the eventthnmea Rec pent cle;ermnines the it:t rpier l has ceiu it:apbeate ndrill',the Sub.Recipient
gives the Granted/Recip nt andeos the Chief Finarnciet O fi�oer of the State of Flo6dlra.Me express authuriily
10 ail1'se-1 the amount of any suich uplicale benefits by withhotding titem from any c.yhe?fu rands rxtaaer°Ai du
and payable to The Saab€ucipierjl and to use such r'eire&es as may be available adm inisirativ V,W,r ru, CL
or et equity,to $ c151:*.ne W
ff7
o nsr Lm a o ih4rlTlq,Pq 1 l�F atl Ef M tTT'I REGULATIONS AND LAWS
The Sub-Reddrent s to persr 1p for the mrnPie.mtaenlali n iegd WrOPlratmorn ryf V*approved projects described t8
in the,Pfoject ork$heets in a monner#ire;01)1,'ttbte 1 f3001W, Ond in',X00fd.MriCa with a phcabe Laval,
Stzle,and F eadera2 legal requirements. �
U plicakte. Iltit;%o:*ad docurnefts iox awy project undertaken by the Sub-granteedSub lt ={kmerat, orr
any laricl arse ppm rtted by rar efigagW mrr by Shad Sib- rantd&,1G-rb-RedPi,en1 must be aonsisier.l veth we CL
bQ at government Compreh R plo;h
Trite Stag-Rave€pio of must ensure Char any deaetrapnnent or deveiopm-nerrt oraer c nn M es mfim all applic abl'o �
planr9;qh dronlithng, and bvAding requireTraan&s Mltudcng, but not limited to, the National Envilormrrionral
Aohcy Act and[he Natrorial flislouc Pre&erva yarn r'ar-f.
CL
Th, Sub-Recipieng must end e such uennpetont, property lyceris d englirioaling, anwiranmental,
ar-wa?' ical, by=:dmoge and other techn,>cai and prafessinn al,oS%z5tar1rff al o=l prqod sites as may bb
eleed ''"To omsa ,m=,eta tfrgwl the pro ct.czmplies wilwn the cohl;±act docurnnenls.
LV
Atihoughn urge prorec9 pa:yinneril must be bWar;M V docurrie€ated actual costs, mwv large Proaecls.are
mndiaV,yr approved baLsed pra esttmx Coggr F°umd%are made available 10 the,8ub•iR _-prient when work is ¢
in progress and funds have been exp,en0ed *01% docarnent.9hon of costs avaltable When all, work
a+saociated w:th ttma project � connpiereL the Sete will pedomn a rer•oc,6sra6citt of acqusam cone and w,,l
trarisMi4 1h sort *rnati n to FEt' A for its consideration fcv f rizi funding adl�,sirne%nts(See Cla o ts),
The sutar^,ssion frerri Inc r'a c.rmlmg Ibis raimbu4sentent inust induale;
a,l a Req uest'or Reimbursement(ayaliable in Flerildal A,cr9y';
EXHIBIT B Page 291 of 305
Packet Pg. 1793
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5
WN a Summa,rY of [ 0cumealalicw €,SOD) whkn t is till RU',yrbursemesi, Befall Report in
FfaardaPA.org.and is auiomoii,%; lly dreared wrfae,n.It e Ragweat los fie:1r bursemenl is so4mi t d
(tl d is -supported by copies of original daacumerits such as, taut not ,'rrn'sted to, eagtlr l
documents,insurance paiicies payloll retosrh-',d-akwoA lags,invoices,,we Kaso orders,,and
change.orders):sand
C,f 1ho FDEMCost Clarri urnrnat�''arorkbook(found in the.Finns seclon cA Flori,daPker'�y; Inn,
A-Ah cups of c,,ginal ciocunieartis such as ocnlx`act dacumenls, invoices. change orders,
w,=rr#latl checks tQr otharpr+ ,of 4-*aorlew,r8),P rdhasa orders etC,
ADVANCES
Payrnoil°s under the Public Assivlarirxi Altoretative Procedures Program (P P)asp,paid as an A,dwarjrA �
Paymeni Nolwrthsiandirig Paragraph 91 E uri„dinu Iri;tha-Agreemenl litiaa k a°aai ra9us are rani f5nuirid by
Section 21( f i1` P Florida Statutes,
1. Fer a Federafly fund'6d ra mlract,any adva e payment is also sukecl to 2 C,F R.-Feder ah W09 �
CirculafsA,V,A„"1G,A:122,and the as-iiaManagor;rentrrnprcri�en-lent Act of1�,90.
21 All wat;oe-6 rest 6e beta in a4°t intragl'isosarang account aaoth the+r;Eerosl be-mg renw,n t%)1h,e, <U
Recpien!:asetter,as peaaitatld,bur not laterthan to [101k Uaasiness days after the ckmaof each oa rida)r
guPflef,
0
3, 3n order to prepare a Request for Advanoo(RFA)tht:Stsb,kKipqdent must,ae€trry to Me Recgpec5,1 �
than it has priac trjses in place to ensure that f,un,0;aura',disbursed to projeni'vendays,collhae'oas.,and �
WN10)Wjittor mil:,ha=r unnecessary delay.The Sufi-Recipicrt" must tprt-papti and aularrrit a budget m l CL
co,zitains a tirnaline rojectinal future pay memt Whadial,es thfoug,P(0jW aDmpl cin, t)
sepai^ tt�R`A trFu5t he comptd for otacll Pr(,,,&o, ortasliaet to be lrwGltadl jin tfie Adrrano
Fuahrforlg Payment.
51 The pub-Reap ent most, hhpfejea Request tar Reirrwrbursorn ryi(R Rj via FlorAaPIA rorg a,o mom �
Ilan ra"netV 4�0)Oays aflei receiving Is Mvanr Palyo-,orit far a spe>&id p,ro ect,the R- rifust acsount
for all expenditures incurred °whfto, Ocrlcn—ning e;t96 ivorrk alo.uLm ntrad in the applicalale, Project
WorP1,1 reef?01 Which the Advance was rarwai:.�e �
6, lr i reirribursermem has been Cased ptior le,the s ibmitti l of a reaprt,est f an advance pa me l on
Adwance cannot he gcoepled for prm essing CL
, The Recrpent MOM cact~M80ce funds to the Swb,Rm tfaa(m1, not exceeding trip-Federal Share only of �
the SWRef;ipieA mee:ache 00! `a 9�{�a,dia3�rt'
a) the S4 d-Recipia,ral mist;xrVy to the Recipient that Suti-RW,'tp,aaart has procedures ae place,to CL
ensure Vital Funds are disbursed tr,t p..folfit visild r , oaantractors_ and su4conlractors without
unnecessary delay,
Via) the Stag- ipient mi:sl`ralamit to tataa R ipient Ift ibudrpeht supporting the request, y
d Tree a>rb-RKip=ont,moist submit a slaternenr IustaryA,g Ina advance and Me prOjVtud Use Of!he
ltarift,wOs„:`3 also speC.ilis Me ar+loWnl taf Foods requested and certiiaes,lt„rat 9rrar advanced i;anc9s aariil h,
U
expended no more tban,ri0iety(90� days alter revea,Pt 0 11-io r dva,nce
g. The Racioiwtl may.in its sale discraticrr,WHIM a Porlicil of the Fe>aier ll andPor nonle ra'r share
Of ftdlaadihr ,u,hder this Agreement from 1lt Seta-Revpien•t if the iRec,pien€reti c aWry expects lKat the Sut),
Reo,p= nt cannot rr eit Plie projeved budgeted tirneline dr Ihor there may be a su 9eque11 del.erminaticri
by FENIA that a prevJous isbursen en!sit fundg uncle;this cv aq'y otmer Alreeiijerij with lire Sufb-Reciplaril
was,improper,
EXHIBIT B Page 292 of 305
Packet Pg. 1794
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
.a
PIESAGNATJo1 J Of AGE:
R f
The Sine-Recap nt must compete Atlacniment t.m 4y(JesignalxV at least theee aqf,,nts td ftecuto any
Requests for,Advarce wr Reirwtyow ,rrbni.rertificamran5,or other necessary occumeaamation on beiiai of*
'ob-Rucipren1.
After execution ol this Agreernermi,the author ek4.pri rkary,and secondary Agerll lIs;,y mr:cluev changes to
rxtntacis'48 emair id the Sl ie dpssi�ned t ar€v_
In the event the Sub-Recipient nlsets hrat°e nol beer.°jpdatad regealarly arnd all three J3)AgeLrrls have
separated from the ut--Racrip€arat's agency, a des,nation of.authorJl y Porte w.ta nmfedl to c?ham a
Conn T&;"r,s.
NOTE, Tfar's is very }rrp000ria becausp of conlaets are not irimmied, arormcatla s mado From
FiloriidaPA,org array no,be received and could resort in wtrrre.tom•rnmreet time perHods W ap €sad a
d'atorml dorerzrtaraaddrr.
U
What is a DUNS njjirnber7
The Daly y-iierrm(DUNS)nunilr*r m a+urs-tfue nine-digit i ntrfRr.MrO nm�urnbur' 0
fvrrividsd by Dun 19eatlqre (DM) f he DUNS numbek,is set€$0001c, Therefore.eavr't dhmini;t Wiysza„' V)
&oaalw of an entity such as branrhe,„ dpuiouns ane l eadgvartefs.rivsy be assigned a DUNS nii mb'e �
af7
Any drr. tdtaaEfen 1'twat wdPttt io suomu'E a-grant api)katlarm to the Federal giterr'ramerml IrbdavPrdusJ researchers
do ner need a MJJ S a'rurnbet 11'#reyr are sabrnitl,sg lhelrap,plmali n through a research drgarrlr ataor.. �
How do I get.a DUNS nuaml r?
Ousm&l3raidsireet have designaaled µa 606tial phone number er for Federor g,:ant and cocperalawre agreienned, �
ap l4antV1]WJSP9CbWD apPho26 l,q CaIR the number be'ow be^wareen 4, s 4gid 5 p m,local lime,in the 4
contiguous swts and soea'la to a DO This process will take ap dxinmately 5- iQr
minutes and y0w,will f6came your DUNS nurn ar at the condusien of the pall: �
"16gG -T�5-tip l�
bM,do l need before d neque*t a DUMB numbers CL
More you call DSS,you vxrl heel the famll fvmg pieces of�*fes pal ri;
Legal Narne
Mleadquanors rame and aodfeas foe your organization
Doing ousiness as(adha)or oitief rarrie by euhiCh your drganiz tian is commonly ii,&=qrvzed CL
FFuysicil address
Mailing addriess ril separate l'ro m h tlquarters andi1jr,physical address)
# TelepJ-lone number
® Contact no-me and htls
hl.amber 0,emplorVees aq your p tvysse a!is allarr
FlamMr much dtaeS.a DUN S rretrrsher cost?
There is no charge:to obl.&r a DUNS nurn er.
W1hy does my[nstitulhoin need a DUNS number?
New i egulations taking affw,ii oct,k 1,2.003 mandate heat a IDUf'?<'S a urnber be pro%Wed on api lredw al g,ratul
,rd GooperaUve agreerra,ent 3appi, ations.The DUNS nurn x will Cftor a way For the Federalaw�tr rtti .ttl;
;at da tl r m9tch inior s ae on acre a'i
EXHIBIT B Page 293 of 305
Packet Pg. 1795
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5
HOW do 1666 if my!nstitutlon atready has a DUNS number?
Carl the,toil free.number abuse and inair—ate that yoiroriro a Fa raj grant andlor co- rar4w gr r etit
appliurd D&B will leg you if your organization afireariv bas a number ass+grrad,tf rust,Vieyr will:ask If y�Nj
wish to obtain one,
Should we use tkre+4 exlem Don+fia Ilia DUNS rwsrmbef7
Although D&B provides[lie sbiAy to use a,4-dig+t to the DUNS number,nerther 00,no.I 0'w
f eds r !pa arrament ass n any importance,0 tray extorisio e,Benefits.,if a;n,ry°,derived tmm the exienvorl,
will be"at y0ex ins-1100n only.
Is there anything special that we sbould do far multi-campus sypstems
stallr-sanopus.s sterns;cash uai,ie rahal iS Co.*6 a loard-4 DUNS number to aggregate infertTMtalion pa,the
syslem as a ashore.The,main carnp,s will need io be assigned a DUNS,nwrnii er.Then each skid ilci� �
Camtrrl&wx'll r,@od to roference the maim ca mpwss 1J!, d,ur`nbw,as their parsm DUNS vuhren, ta,.qgr+
their Oman U-U 5 rtramder. for NIR grantees,if each mlaus ar,altniits grant applications•as a oi�que 0)
grantee orgararaiaoer,thoni rx,Mbh campus needs to oolain their own DUN 13 rlear 0eu E
Does:the DUNS number new to be,dnt tubed an iira iwmdwa.l fellowship applicatio a7
Y s.with one e:xc lion Il is t17e tff� rvu lika r sal tf s nsacirg inaC,t i n that Si Oar k f sl errs;iia
applicaticn. Indivlduau K invchslemn-NIp a f lIoWshioS Ihat propiase Crain,irig at Federal la* rmorIt's do rlol
require a DUNS number
0
Vjlha.;aces the l UN$i-ikjhjW,,have to do with the Cerrtral Conl.racior a iais'y(CGR°,soon to be lh
S+.nin ss Partner Nev ark j6PN)l
CL
RegLAratiori,In the CCFI ts mandlafoary foe arryonvi W,40finq to sub'rmt a grant application
I:aarrr+aglh Sara•"ls. c:o Your organ zat o€,will need a OUW nNorribet,an urr r k)register in the COS The s�
CCR is She central teg;stry r10r w anaza,icriss that have.rere'Wed raederal 0ontraCts,11 yuur organiz,alson has
received Fedei-W contrvt.,it*already reriatsreo in the b�t t ms i g gearxt e r porRun y for n Choi
your organization inf rmolmori+M City to,date for e,information about the I~CR,p+=eater v;Sd the CCR
wee si,,e at:ws�: o.ccra�ou,
Wtial s,hoolid d do if our institution has rrapr*Itilae 1 DUNS number? '✓
`b'our inist+tukori will nood tb decade wa�ich D novinlser to us. for grant appikalmn purposes and o a
only that number
CL
Does Ihfs apply to nona+Usa o anuzattsmnsu
yes_9-is m r u." rrrern appries,o all'types ol gramee crgan4ations Incluaing'foeerg n.nua-profit,for
pnfobl is will as or state an-6f eral grunr rrrrr: #5l agaocicia
Does WS 80plys to nosy-cam;pete.ng progress reprtrls? CL
No ThiS new raga lydrnc�pt applies only<tag wropel;n g apply @,; r
Are there any exceptions to,Ilse m-tw DUNS hum'her rules'
lrraiwiduals who would personaliy acoi m a-grant or cooperative-a reerneill OrWa IWO the F&derail �
gm,ernrnent apart from any business or mo-prolit Kxqanizaton they may onrate fire ea ir+7faR Ironi ihls E
roti wr0n'*bl NSd individual Kf rschrs,ean.NA: A feltowships that propose,training:al Federat I ;era,&=fies �
da notaraquire a DUNS number. its
Wba at:my invilutiloo Is tosporas ble forrequestiag a OUNS numbet?
This,will wary Irom Kngiiwtidn b rarslitutican This should be done by SC+M60- k;YW1radgeable about the
entire slrL�CtUre Of year o%'St+hui In and-who has the aulrewdy to fnake r-,uch Oecio Sri Typically this
request would come kcm.f'te°'n riWac€.guntimg departmenl-or same Mess dep;a rnetri l.h 1,rmndu vm
business wrrlh a iairge cross seoiwnn of tho im.Ruborl,
EXHIBIT B Page 294 of 305
Packet Pg. 1796
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
6
We aim,an u r =;,sl iadn new io Feclosat gf°om funding so we oomously:geed a i)uN'S number aut We
don i°s pent ie be,,4KIWO A an gf ma ttsrt l st h r Est wry ct ?
li`161, 0ri on.A D&B maikeiing list isopticifial It you do net:aunt yoto ry-,am000r nifil n Included on this,
amat t t ng lift,r4yquesi to be she-listed frm 47&B's marketing fy:e.welten you are soeekimg with a Me
rep re erfl*1li,4 dutirsyp°yow DUNS alum r telephrirgr pPl(cat on
Who do uwe-contacq iir we have quosiieon ?
It you have q uesii ons a baui appt,Virtg irxr d,DUNS number,wntdxt Chu;Dun&Bradstreet special phone
nutra xir ta r 6-"a05577ri If you vive,oauslions concerning^foie new redor.t kvid r uiremrerrl.cont,L)o
Sa,�r� °�a�, fake�t Fed�rel Frs�sli:rttf�9r�h�enl�nt,�fs�-�g=S-�9a3 �ror�4 e� hsl Ott
to aiie Form'W -
ror the g: f.p rt c hi3 Ag,reemeni, a-so s Vendor. �
The SIale dr rilanda retiurres°lenorv,00,09:,bvr ness with Ina,State.to sihnmt a Subsbrute Form W.9. 'rye �
rpase of a Fo rn w-9 ig to provide e Faderal s' xpayor Identlf'lcalazn Number;'f IN).dfCp;�tra4 ra�f!rr7 arenle W
husiasess de5,�gnajjQfj�Sojre PTopr torship:eorpmalw,palvnersh,p,e1c)_and cittesr tulmyur inioamarbon
to the:Stara.S ubmisso.olr of a P orrn W-9 ensures that the$d e°s w-ndor°uimords and Forn%'o 095 P_W-,rtlrtg
;ztrb atuufrate.Duce to sper-k Stolv,of Florida requiRrememis„he Sumo will not--me,pl Lhe Vernal I";t ntm?
se,fwce,Form s - �
sm
Effe,ire MorCh 5.2012,State of,Flsarau e ger° ts will not he permiLi W ilgCl;order w forgoods and CL
services or make,par(mtints to any vend;wthm does iwor huo a verified SuhstkCute W-9 on file verb �
ikt Depertmertr pf frim ridodl Services.'vendors are requ,,fed to a'egister and SuOrrml,a Fofm W,9 ran zhe s�
Slate's V ndcv Webwe ak s r
sm
CL
CL
sm
U
EXHIBIT B Page 295 of 305
Packet Pg. 1797
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
-7
Attachm-ont H
FEDERAL FUNDING CCOU IA BUTY AND T. SPARrt N)EY ACT JFFAaT g
INSTRUCTION AND WORK SKEET
PURPOSE T ere',Fundog Atuounlabilityan.d Transparency Att frFAR.TAp was se ned on
optember 2d;2006, TIti 1114ilrut Of this 49Islaticra is to %passer ekoer`y Arocfzan with 10re auilrty,c had
Out gs;r inrnent azommabie ror oath K endfrng decisian,The FFATfin gislatrmi requires intol m li n on
F`ederat awards(Federal assistance area axc ,ndrlur s o be mace av;imele to the ounb via ai sing4:
asrs h web&le.which xsF:tpfm vev a-g
the PrAkTA Snub-award Reporting SySIN-wrt#FSR'S)is the repprting[*Q1 the Vorid!Di0son of F- arg ncx
pn ememl ;`FOEM'er-Divisiarv" must we W c�jpkure and report sub aw ord @nd execula°oa �
czrrtWs lion item Iegarding Isrst-ter B ItW rds°erl)- 1ha:l ab6gare S2S, or more ilk drai funds
(exclud rig,Recovery lund's as defined in ser,,ion t512�'a)(21 oa,he A-Tra7rican Reizovery and Rvinvestra$ent �
Aci of 2009,Pvb L 111 uh'),
N ,e and r+A1 oiksh l`3S Moans to mcplaih the requerem nl',-at tire;f FATA:and gwe
curry io the FFA.TA Perm dustr.rytruted tr7,sa °,,wexr doe for oomple1iom All peMneM KnIcepiotion Wove
should be h0 out.$4y 6 .and returned to the propemt r7banaget'.
ORGANIZATION AND CPADJECT INFORMATION
CL
'rho following information must be providetf to the FDEM pAoi to tho FOE "s issuance of a s tt.
award(Agreement)ement)that obligates$25,00 or more In Federal funds as d-pseribed above.PIea!s �
provide the following infarrrratlayrr and rIfarrr the signed failrtt to spas 1]istisaotl&s requested-
PROJECT
FLIP MN13 AGE, C Y— Fe feral.EmpA9r-
AuxVARO AM(lUtlt :5
0BUGATi r A,CTION DATE: al"o �..,�r�,li Fk ern
CL
SURA Ar-AR 2,OATE(if araphcakale}t _
0
DUNSA: _. CL
DUN'Sill 4 :
off V--ur cofl'Pliprt r organitat cin does nol have a DONIS uluambeFr,yora will'i need to oeIarn one bona Du:,
Eradsrre at -10 ,.5r 11 ca.,use the web farm trap;t"ed{ v f .,as u., �ienmi,'The trope$ t ,
rwr41.l st a DUNS nol"M -i Wkes abbul ten minutes and is free of charge.
U$1 RESS NAME,
....m_______
A,NAMC(IF APF'LI:CA.C_r~t.
PRINCIPAL PLACE OF F;l.$'F.ESS ADDRESa
_.
,ADDRESS LNtiE I
EXHIBIT B Page 296 of 305
Packet Pg. 1798
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
_... .....M...M .....
ADDRESS LANE
ADDRESS LINE 3-
_. ..
CITY" STATE
PARENT COMPANY OUNS#
CATALOG OF FF DERAL DOME' ASSISTANCE(CFDA#a,
DESCRIP'TIG OF PROJECT(Up Io 40%1,Cha aMle'rsI
Cam.pipfe ei€rgmie Pro.c'.sfcretnpo rcrr plaze a rlt d 025as7;&rd -�rj ed ryacd-uc,s.
?PIN PPJ L PLACE OF PROJECT PERFORMANCE SIP DIFFERENT TITAN PRIN IPAL_f•LACE 01 �
RUSI#E:SS(,
...................................... _.
ADDRESS LINE I
ADDRESS MINE
ADDRESS LINE
CITY T h l r',;. ZIP COD&V"
sm
CONGRESSWNAL„E �.l FQR P INCtPr4,L P A; E .6? ,P�RF a ;RAN
`"Pravc6ing Ibe Z9,4 ens"Wres Vaal;the Correct Congressio sal D1sjr,,_-t-s ru rrt rl
sm
EAEEOLI'TLrEi . . .PENSATiO INFORMATION:
1. 1,In y ow r(Skt Or Ombn aton's previours fiscaP Year,did your busaness or orga, Nzsja,on
(including parent orgarsaalmn,all bra-c;hes,and al! f%,aWg wrartawI--de)ra:e�, Via)8Q pewenj or �
inure,&your annwal r b lrum Federal procurertlenp 4onlr vb(and sutacontaacts)and �
Federal financial assirssernce to loans.grants,subgrants,and.loe cooperative a roen,cnls,etc.i.
subj(wt 7a the T'ransparenrfi Act,&s defined at 2:OFR 1710.320 ,(hi$25 0 . 0 or mare in annual
gross rea^ti€'rues from U S Federal Procurel"rit o;rxnrac-is(arid subccnlracls},arid Fixteral Imancial
ss rrr no.rr t loans,grams,subgrsn%,MWOt opopeTutive agreements,etc,)subla t to Iii@ �
Tranpp mncy t
yes No
sm
Tf OW 4h$W,0r,16 Questiorn f is'""gym`(,w#n"o to Quesdan 2e ff the answoor to Quevtfoo T is lln a,"',
ove to tfrat sd rrataare Wock Wow to complete MV cartifacatioaa and CL
U.
2. Does lire t:"ribk have access to iffcrarnabon aboxji the w7pensatieaaa&the ex cotrog in yeata€
business or orfggnKza1.-,m iincluding Faren1 organizaW n=alb brae4cbes and mil 01afes srloridwdc)
;hrougn pexxodoc reports fiI4nd under twCban'3(a)or 15�d)of the Exchange Act of 1934 �
(tb U.S,C 78rnfa), ? c(al Set t!on 6i`1 4 of the intern a eve ur'C 't� a
I No
If the arlsbvee to Ctuostion 2 is.-Yes,"move"to the stghatupe bWtic below to completer Uhe
a ertHication and sub-mittat eott�3%,Mmtic Securities Excttain a C-o-mrmissiora information should
he accessrible a2latlptfi r'.s c, §1ta n aac-r �xa mmp.M ti.Requests for I'mr[ormal Revenue,Service
J]PSI informailjon should be 49r rtotf to the toe-Al[RS for further assistance,'
It the attswoe to Question,2 is"talc"FFATA tepdifj n�Rs required.Provide the f:nfpttr alkwi required
in than`"TOTAL CCYM PEN ATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
EXHIBIT B Page 297 of 305
Packet Pg. 1799
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
5{'
appearing below try repori the"`Total compon timm"farthm five fg)annro f highly C*mPerr-Amed
`Exeogafia .", to rahx ordor,kn your organlzaUan,For puarootbs 311 v4is retluast,the foliowin!a,terrals
aaapty as defined in 2 C PJe Ch. 1 Part 170 Apppnenc A,
is defined as'affr rs:rno^agirq parmers,of olher empla ees in m anapornorif positions'
Tot 3 eamn !,fa is defined as the wash and rnoraw Rasta daglar vaaue earned by the ewulwv a ring the
most recently cornipiowd'fiscal year and iO;n+ees thie foligM g;
i Salary and trom,im,
ii Aweir, of Stacki storms oVlions,enO$101,k eippt6bation r".ghts Use the sdol'zir amouir
rimognized for Rinancial statement€eponinq purposes w;Ita respect to the areal year III
ac fda"'a"Ovith ttse Stoternenl of Finarr,i,ai Accounting Staodard3r,No. 123 fRem d>O1�X
(FA 123il,l $1r red Ba rd FaArnc=ais.
rii Eaengs Cor services urr¢ar ,,ivttmt€sse man TN5 does noll include gre7ue ir6e
health,to tiit��liGaticua r medical re,oh rzl5s np nt plans that do not d(AarinI.hale i t10U�vr bf
e gec l,wLm and are avatlaWe genefally to all salrtr' d VmObyees. �
lu. Dmnge in perws n value This is tic ehang�"e in present value 4f�e�i'S k nefit and actuarral>
pension plans �
a Abtw,-aid n1 earinings on deferred mmponsalion whi h s no:lmy-quar,.Ied .�
u+ 01hea eompensatmn-If the,aggregate uaipja of ail such otther €mp s lron(e.g.se"."erarnoe, O
terrni"n,alioan payments,Ymua-6 or life insuramize pad an bahaia cri the onnl May¢ei,Gc,aquisrtea or
pc pert�,'i for the executive laaa ud:s S1 pt.ON. �
CL
TOTAL. PEN ATION CHART FOR MOST RECENT 4Y COMPLETED FISCAL YEAR tt7
(Bate of Pi cal Year C mpleribn.
aan TinhaI Caarvrp aatrntt
ftuh M iro Name 'or Mom Recently :
t sin ill (Last,Firei,l l Title f od Fiscal Year ' _
...,.
.. _.
:m
_ - _.-_.... . . O
THE taNOERSilGNr D CERTIFIES T14AT ON THE DATE VIORITTEN BELOW,T14E IfVf=08l'"dI T140
PROVIDED HEREIN I AS CIiRAaI'- �
IGNAT URE1
NAME AND TIT"L, ,` Q
LATE
EXHIBIT B Page 298 of 305
Packet Pg. 1800
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
Attachment t
Aland glory Contract Provisions
Any con',ract or sijbc t3 c1 Nunj tf by Obi, grou-meat mum cantain the a pkable paovggions raAinod in
Appcmdlx d to 2 CFR ParT 200 7t A me r spC,9 asit)d ty of the sub-recipire�nt to includes the ra uireo
pmwe"nt. fl:rd DMsion pdovidestbe following ll$t 04#"sol;ele thol naay bj--r urged;
U
0
CL
tt7
CL
CL
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EXHIBIT B Page 299 of 305
Packet Pg. 1801
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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EXHIBIT B Page 300 of 305
Packet Pg. 1802
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
7
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EXHIBIT B Page 301 of 305
Packet Pg. 1803
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
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EXHIBIT B Page 302 of 305
Packet Pg. 1804
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
h
A4tia.chmelrtt J
DR$010 AUDIT 1,55UES and:a CK:ls OWEDGEM ENT
Thb Dlbpartrneuft of Homeland Security f'CFH j Office of losip tar Gerterel JOL,13f was tasked by
Congress to Audit all EE A projects for fiscal year 2044. A syriapsis of those ljodin s.are listed
bf :
There hear°t,)eer'€ rgwatp€,,��vor)ces where faro es-6Recipleent5 car ub-Rgcipuc:nts did not wim the
Prescribed miles ae the porel Vial lbe 01,G reh(wed the helms r€sled v. latbrls could have mull€tied the
FEEAWStaw agreement
1. hton GompeRive contracting practices
al, f�€Ir�ra�t anrnl;a� �redp�alydtr�crarvir`act poc.+isiraris.
3, Faalurs to eenploy the requaired praced'Frey to ensuave Cl of&'ntoll,minor;tyo.and WOMe;n°s ovanedfirms E
were all,gwen far considers,tionn �
d-, comravirg practices, �
The following 1wormsti rt coy ost dlrrsdtlly from DH 's QG A)wditTipsfor Vanaging e1saster Retaled
Project Costs;,Report Number{ I •9t{.t9 •D dated Jelly 1',2016,The fcr9laawing may be reasons four
the disallowan-ce or total da obligation of fUriding giveen vilder 1h fJlAJUDIV agreernent:
t LISO(Y'irnpru•,pur oontracting pracMe!i,
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3, Poor project accoa�rlrnrg t8
4. Duplication oP' eneRs.
5 Excessive tquslur e(A 0'ar (apiplroab,ddy may wary with nazard rnitiplion pr".1jeau),
6 Excessive iallor ano fringe N:nefot chardcs. �
?. Unrelated Protect cost
0 Direct Adm nisual'iwe Cosis.
9, f dilu'ra 10 n)(%,t the re uirernent to ofiain and m ainlain irnsurance,
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Ivey Points that must be f olloweii rr bon AdfrnWiiisteffraq FEMA Grants;
• 130$igmal:ut CM ijda'S n it,cobr6.0ate We aticurnulalian of recwds,
R Establish a separate and dsask€ncl:accou of turf'nm*Win revenue and expenditures.and a separale
td€arifiter for each,s,pec�is FEUk p:rdjecf. �
• Ensure that:he tir al claim for eac.'�Project is 1voo(Yr d by t!rn a-vbs st,�ra rd d in the accounting
system
t Ensure thal each akperld"lluil ra twora d ill thc accdaaamvil bias ar° references,sa-pPtirtinq
sources of documentation(checks•,invoices tic)Mat der,L&�rt ad€Ey reuteved
EXHIBIT B Page 303 of 305
Packet Pg. 1805
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
M Resewch insurance coverage and siwk Mini oursenent lair the rrtaximen amoun( oreef� !'a
pprvpr lb FEMA projett with brat amount
Check with your Federal Grant Program Coordinator ahcuf availabdity oat tur�mq, under other
Federal pmgrams fFrjdaral Hrohwa} .Hmsiing,and Urban Develcrpmem,etc.)and era5jre 4hal ^e
final tpr jeo�rairn(Jrag%11"it lu e costs that an her Federal agency funded and muld have funded.
r'SUre Mat IIIaCar lr taken frcr°r axisiril.�g inventories Saar use on FEMA prul acts are d umen?-Te Easy
ins nt ry wlhdr maf a Usage ratcfd .
Effllwttl that cxl;iundilurw� claimed under she, FENIA project we re-a5onatale, neoes=sary, directly
0io neN the pfoj tct.af1d are 01,11110trr0d Under Ghe"Scopot cal Word..
P ackn sedge that 1-have received a ccipy or,and have teen bri0ed on,the al),o D ls-rocs. �
�DI
S,io ec paeal Apricy9 Date
Eraatur
a�
Pnnlo��o Name Tire, CL
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EXHIBIT B Page 304 of 305
Packet Pg. 1806
D.7.b
HARRY HARRIS PARK BASEBALL FIELD SOD REPLACEMENT
66
slachment is
JUSTIFICATION E 09 ADVAN'C N PAYMENT
RECIPIENT
if you are,requesting an advanced indicate same by c-hecking w e box below-
Aovanoe payment 0.
requested Ea lane rat a1 rneni mli tee rraad€��n a3 relra7,eur erne a5
bzrsis, ID%m.e funds are needed to,pay ndiiatg celigNions for
� m� ible•��arr. 'c1�' �w�vaald mil�,aa a�l�t t�ci�t�r�te thr� rc�=ani ili*�tat
Ili adw°.'Inds..
(J
ii y,2,j acre reriueatmng an advan;ze complate the f&;l€wing chat and lsCfie lei jeasfiiilc 3h n below,
E,U'13r-eT 0'�7kytr*l;rw 17 2—q
Itisl apptical)le ttne.I'ternx, ci Aga'eerment ''
.—m s lit
Exa<mpie:~0006T(0) lCayttract W $1,541 .,000- (piroWdre detaHad jusiffication).
m �
`tu
TOTAL EXPENSE CI.
LINE ITEM JUSTIFICATION (For each fine Item, pravido a de€ariied jumtifiization,ex iainingi in,,e need
ar�tc IR t c ,h adva e ' tot jusl.€scabon mus:t include: supporting dca.umentatcan ihat chearly s1ho s Ow
dv.ance Will be expendod Wilhinrthe tip Wnetyr PO)dayt oI Trier conIT #to r"m:.�up�ra 9 d�4 d�ta�sm�Call��h "F"
Shouln'irmclude quotes for purcha .delivery tirn&'Ilds,s Alary and xperage pa^raletaltans,etc,to provide V4,o CIL
tL
:so ere reasonable r1Ci a e, em' mil; ,wt la et the ti w t7 e'allL ial iix sd(1r Ptffr I13 tii';t r3.' .Iy'I90)
gays pm Me contract ler-M:.Any 0.10r),C Fiends nV,eXper4eli Within tiye'ft;j ninMy 9 i aww 5,of,t coral?,,,
term m,ust he returned to the Dvision Cashier,2aS5 Shomard Ook ovlie-vard,Tailahas5e.e,Florida: $99,,
within,thirty(30)days at receipl,aline with.any interev.earned ion the adaarree). �
EXHIBIT B Page 305 of 305
Packet Pg. 1807