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Item D2
D.2 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: D.2 Agenda Item Summary #11747 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 N/A AGENDA ITEM WORDING: Approval to solicit for the Tavernier Breakwater Repairs, funded by a federal HUD pass-through CDBG-MIT grant from the Florida Department of Economic Opportunity (DEO)under grant IR045. ITEM BACKGROUND: This item approves issuing a Request for Proposal to perform the Tavernier Breakwater Repairs project. It is a federal HUD pass-through grant through the State Department of Economic Opportunity DEO office to the County under grant IR045. Monroe County was awarded $2,194,599.00 of CDBG-MIT funds due to storm damage to the Tavernier breakwater structure, which no longer is able to provide storm surge protection to working class resident homes. Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing the destruction and significant flooding of low-lying areas throughout the Florida Keys. Congress appropriated $616 Million for the State of Florida in the aftermath of Hurricane Irma. The Department of Economic Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan and allocated $85 Million for the Infrastructure Repair and Mitigation Program. In the second round of funding, DEO allocated an additional $147,411,853 for the program. In this second round of funding, Monroe County sought funding to repair the T aveniier 13reakwater. This project will provide and install 2.5'-4' boulders across a 1,500 jetty span that was damaged by Hurricane Irma. The breakwater is designed to protect the low lying, low income subdivision that is subject to frequent and persistent flooding due to storms, tides, and sea level rise. The inflow of vegetative debris due to the lack of the protective barrier has degraded water quality within the residential canal system. The County received notice of award in January 2021 and subsequently received notice the project had been transferred to DEO's CDBG-MIT program from the CDBG-DR program. Packet Pg. 1831 D.2 PREVIOUS RELEVANT BOCC ACTION: 05/20/2021: A Public Hearing for citizens and municipalities to provide input on an application for non-matching grant funds to repair the Tavernier Breakwater in the amount of$2 Million utilizing Community Development Block Grant- Disaster Recovery Infrastructure Repair Program funding from the Florida Department of Economic Opportunity (DEO) funded through the Federal Housing and Urban Development Agency (HUD), after a duly noticed 10 day public comment period; after a 10 day public notice and Approval to submit grant application to DEO. 01/22/2021: Received Notice of Intent to Award from DEO for the Tavernier breakwater repair proj ect. 10/20/21: Approval to enter into a$71,917.50 Task Order 4 7 to the on-call agreement with Wood Environment and Infrastructure Solutions Inc. for Category C resilience and environmental services to design and permit the Tavernier Breakwater repairs. 02/16/22: Approval of revenue grant IR045 to repair the Tavernier Breakwater for$2,194,599.00 utilizing Community Development Block Grant- Mitigation funding from the Florida Department of Economic Opportunity (DEO) funded through the Federal Housing and Urban Development Agency (HUD). 07/20/21: Approval of a $0 Amendment No. 1 to modify the Citizen Complaint language under CDBG-MIT grant IR045 for repairs to the Tavernier Breakwater from the Florida Department of Economic Opportunity (DEO). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Tavernier Breakwater RFP for March BOCC Exhibit A - Tavernier Breakwater Design Plans - October 2022 Exhibit B - Tavernier Breakwater- Engineering and Ecological Report - October 2022 Exhibit C - DEO Grant IR045 Tavernier Breakwater- executed FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Value of Contract: N/A Total Dollar Value: N/A Total Cost to County: $0 match Current Year Portion: TBD Budgeted: Yes Source of Funds: DEO Grant IR045 Packet Pg. 1832 D.2 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: No County Match: $ 0 Insurance Required: Included in the RFP specifications Additional Details: 07/20/22 NEW COST CENTER ADDED $0.00 REVIEWED BY: Rhonda Haag Completed 02/22/2023 1:17 PM Cynthia Hall Completed 02/23/2023 8:36 AM Purchasing Completed 02/23/2023 8:44 AM Budget and Finance Completed 02/28/2023 3:38 PM Brian Bradley Completed 02/28/2023 3:44 PM Lindsey Ballard Completed 03/01/2023 12:54 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 1833 D.2.a MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Request for Proposals For Tavernier Breakwater Repair & Seaweed Barrier CL System Water Quality Improvement Project, Monroe County, FL AD as CL kt < to �Ia r 0 BOARD OF COUNTY COMMISSIONERS0. Mayor Craig Cates, District 1 Mayor Pro Tern Holly Merrill Raschein, District 5 Michelle Coldiron, District 2 James K. Scholl, District 3 David Rice, District 4 COUNTY ADMINISTRATOR CLERK OF CIRCUIT COURT Roman Gastesi Kevin Madok E Insert Date PREPARED BY: WS P USA Packet Pg. 1834 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL TABLE OF CONTENTS TABLE OF CONTENTS......................................................................................................2 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS ........................................4 SECTION 00030 - PROJECT GENERAL INFORMATION...................................................... 5 SECTION 00100 - INSTRUCTIONS TO PROPOSERS.......................................................... 6 SECTION 00110 - PROPOSAL FORMS................................................................................23 SECTION 00120 - INSURANCE REQUIREMENTS AND FORMS ........................................33 SECTION 00163 - PRE-PROPOSAL SUBSTITUTIONS........................................................44 SECTION 00230 - SITE SURVEY .........................................................................................49 SECTION 00300 - SCOPE OF WORK ..................................................................................50 SECTION 00350 - MILESTONE SCHEDULE/LIQUIDATED DAMAGES ...............................61 SECTION 00500 - SAMPLE AGREEMENT...........................................................................59 SECTION 00750 - GENERAL CONDITIONS OF THE CONTRACT......................................82 SECTION 00970 - PROJECT SAFETY AND HEALTH PLAN..............................................115 SECTION 00980 - CONTRACTOR QUALITY CONTROL PLAN .........................................129 SECTION 00990 - SPECIAL CONDITIONS.........................................................................134 SECTION 01010 - SUMMARY OF THE WORK...................................................................135 SECTION 01015 - CONTRACTOR'S USE OF PREMISES .................................................138 SECTION 01027 -APPLICATION FOR PAYMENT.............................................................139 SECTION 01030 -ALTERNATES........................................................................................150 0 SECTION 01040 - PROJECT COORDINATION..................................................................151 SECTION 01045 - CUTTING AND PATCHING ....................... 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SECTION 01050 - FIELD ENGINEERING...........................................................................155 SECTION 01200 - PROJECT MEETINGS...........................................................................158 SECTION 01301 - SUBMITTALS.........................................................................................161 SECTION 01310 - PROGRESS SCHEDULES....................................................................164 SECTION 01370 - SCHEDULE OF VALUES.......................................................................166 SECTION 01385 - DAILY CONSTRUCTION REPORTS.....................................................168 SECTION 01395 - REQUEST FOR INFORMATION (RFI)...................................................170 SECTION 01400 - QUALITY CONTROL.............................................................................172 SECTION 01410 - TESTING LABORATORY SERVICES ...................................................176 SECTION 01421 - REFERENCE STANDARDS AND DEFINITIONS ..................................179 SECTION 01500 - TEMPORARY FACILITIES.....................................................................185 SECTION 01520 - CONSTRUCTION AIDS.........................................................................187 SECTION 01550 - ACCESS ROADS AND PARKING AREAS ............................................189 SECTION 01560 -TEMPORARY CONTROLS....................................................................190 TABLE OF CONTENTS Page 2 of 207 Packet Pg. 1835 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01590 - FIELD OFFICES AND SHEDS...............................................................192 SECTION 01595 - CONSTRUCTION CLEANING ...............................................................199 SECTION 01600 - MATERIAL AND EQUIPMENT...............................................................195 SECTION 01630 - POST-CONTRACT SUBSTITUTIONS...................................................197 SECTION 01640 - PRODUCT HANDLING..........................................................................201 SECTION 01700 - CONTRACT CLOSEOUT.......................................................................203 SECTION 01710 - FINAL CLEANING..................................................................................206 SECTION 01720 - PROJECT RECORD DOCUMENTS......................................................208 SECTION 01740 -WARRANTIES.......................................................................................211 Exhibit A Design Drawings Exhibit B Engineering and Environmental Report CL Exhibit C State of Florida Department of Economic Opportunity (DEO) W Agreement No.:IR045 Federally Funded Community U Development Block Grant Mitigation Program (CDBG-MIT) 0 n E TABLE OF CONTENTS Page 3 of 207 Packet Pg. 1836 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Insert IDate, at 3„00 III::1 M., the Monroe County Purchasing Office will receive and open sealed responses for the following: TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FLORIDA Pursuant to F.S. 50.0211(3) (a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR www.monroecountybids.com. The Public Record is available upon request. Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS(a)-monroecounty-fl.gov, no later than 3„00 III::1 M., on Insert IDate. Please submit your confidential financial information in a 0 SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: W U U TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT 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 0 accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please email: omb-purchasing(a)-monroecounty-fl.gov.The bid opening for this solicitation will be held virtually, via the internet, at 3„00 III::1 M., on Insert IDate. You may call in by phone or internet using the following: Join Zoom Meeting https:Hmcbocc.zoom.us/m/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156 (New York) +16699006833„4509326156 (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) Publication dates: Citizen: Wednesday, Keys Weekly: Thursday, News Barometer: Friday, NOTICE OF REQUEST FOR PROPOSALS Page 4 of 216 Packet Pg. 1837 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00030 — PROJECT GENERAL INFORMATION Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida Background: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $6374857000. This award has been granted under the General Infrastructure Program. Projects U eligible for funding under this program must be from units of general local government (UGLG) include towns, cities, counties, and villages. Eligible Activities include projects that demonstrably increase community resilience. The following types of infrastructure projects are encouraged- 0 1. Restoration of critical infrastructure 2. Renourishment of protective costal dune systems and state beaches 3. Building or fortifying buildings that are essential to the health, safety, and welfare of a community 4. Rehabilitation or construction of stormwater management systems 5. Improvements to drainage facilities 6. Reconstruction of lift stations and sewage treatment plants 7. Road repair and improvement and bridge strengthening Monroe County, Tavernier project, was awarded $2,194,599.00 of CDBG-MIT funds due to storm damage to the breakwater structure which can no longer prevent flooding and sea level rise to working class citizen homes. This would also assist in maintaining better water quality and prevent environmental disasters. Proposals will open on Insert Date at 3„00 1p,urn, End of Section 00030 NOTICE OF REQUEST FOR PROPOSALS Page 5 of 216 Packet Pg. 1838 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00100 - 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 Request for 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 W Allowance, payments will be made to the vendor for the specified service or project. If the U contractor is responsible for making payments, he will be reimbursed for the payments to U the vendor via presentation of invoices in his monthly payment application. Allowance includes labor, materials, installation, 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 Work, 4- 0- as described in the Proposal Documents, is accepted. 1.6 Engineer is the Engineering firm hired by the County to design and/or oversee the project. For this project, the County Engineering Consultant is WSP USA ("WSP"). 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 Alternate Proposal or Owner Option Proposals. 1.8 Proposer is a person or entity who submits a Proposal. 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 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 INSTRUCTION TO PROPOSERS 00100-Page 6 of 216 Packet Pg. 1839 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 1.10 Local Not Applicable 1.11 "Owner" is synonymous with "Monroe County". 1.12 "Perform" means to comply fully with the specified or implied requirements. 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. 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 proposed contract documents. Unit prices shall apply to change orders. 0 ARTICLE 2 COPIES OF PROPOSAL DOCUMENTS 2.1 Proposers may obtain complete sets of the Proposal Documents from Demand Star by U Onvia at www.demandstar.com or www.monroecountybids.com, or call toll-free at 1-800- 711-1712. c� 2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals. Neither the Owner nor Sustainability Manager, nor their agents, nor the Architect/Engineer 0 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. 3 ARTICLE 3 > EXAMINATION OF PROPOSAL DOCUMENTS AND SITE cu 3.1 Before Submitting a Proposal: c� 3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents. 3.1.2 Each Proposer shall visit the site to familiarize himself 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 of the obligations and responsibilities assumed under this Proposal. 3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the Proposal Documents, or should he be in doubt as to their meaning, he shall at INSTRUCTION TO PROPOSERS 00100-Page 7 of 216 Packet Pg. 1840 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL once notify the Owner, in writing by e-mail to Haag-Rhonda@MonroeCounty- FL.Gov 3.2 The Contractor shall complete the Work within County rights-of-way and/or in specified staging areas as depicted in the General Requirements or Drawings. 3.3 Each Proposer shall study and carefully correlate his observations with the Proposal Documents. 3.4 The submission of a Proposal will constitute a representation by the Proposer that he 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 4.1 Proposers and Sub-proposers shall promptly notify the Sustainability Program Manager 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- 4.2 Proposers and Sub-proposers requiring clarification or interpretation of the Proposal Documents shall submit their questions in writing to the Sustainability Program Manager U at the following email address no later than ten (10) business days prior to the date for U receipt of Proposals (see 3.1.4): gjg-Rhonda monroecounty-f ov Any answer, interpretation, correction or change of the Proposal Documents will be 0 accomplished by Addenda. No Addenda will be issued later than five (5) business days prior to the date for receipt of Proposals. Copies of Addenda will be made available for inspection at Demand Star by Onvia at www.demandstar.com or www.monroecountybids.com or call toll-free at 1-800-711-1712. 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 keyboard. INSTRUCTION TO PROPOSERS 00100-Page 8 of 216 Packet Pg. 1841 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 govern. Failure to comply shall constitute a non-responsive proposal. 5.1.4 Any interlineations, 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 shall constitute a non-responsive proposal. 5.1.6 All requested Allowances shall be proposed. Failure to comply shall constitute a non-responsive proposal. 5.1.7 The Proposer is required to submit a copy of the appropriate Contractor's license (Monroe County or State) as part of the Proposal. 5.2 ADDENDA 5.2.1 Each Proposer shall ascertain prior to submitting his Proposal that he has received all Addenda issued, and he shall acknowledge their receipt in his Proposal. However, in case any Proposer fails to acknowledge receipt of such addenda, his Proposal will nevertheless be construed as if it had been received and acknowledged, and the submission of the Proposal will constitute L) acknowledgement of receipt of the addenda. It is the responsibility of each Proposer to verify that he 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 Proposals or one that includes postponement of the date for receipt of Proposals. 5.2.3 Copies of Addenda will be made available for inspection wherever 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 made payable to Monroe County, in the amount of five percent (5%) of the Proposer's maximum Proposal price. The Proposal Security shall be in the form of a certified check made payable to the County, or in a bond from Surety Company authorized to do business in Florida. If a Bid Bond is submitted as Proposal Security, the attorney- in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his power of attorney. 5.3.2 The Proposal surety constitutes a pledge by the Proposer that he will enter into a Contract with the Owner on the terms stated in his Proposal. The Proposal Security of the successful Proposer will be retained until such Proposer has entered into a Contract with the Owner, whereupon it will be returned. If the successful Proposer fails to execute and deliver the Contract, the Owner may annul the Notice of Award and the amount of the proposal security of that Proposer shall be forfeited to the Owner not as a penalty, but as liquidated damages. INSTRUCTION TO PROPOSERS 00100-Page 9 of 216 Packet Pg. 1842 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 5.3.3 The proposal security of any Proposer may be retained by the Owner until either (a) the Contract has been executed, or (b) the ninety-first (91 st) day after the Proposal opening, or (c) the ninety-first (91 st) day after all Proposals have been rejected. 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 labor and equipment in order to meet the requirements of the schedule. 5.4.3 Proposer shall determine all 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 impact fees, inspections, testing, and surveys for the project site/building. The Contractor shall be required to secure all such impact fees, inspections, testing, surveys, and to provide all installation, required for the execution of this Contract. The Contractor shall be responsible for any and all impact fees that may be 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 U 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. 0 5.5 SUBMISSION OF PROPOSALS 5.5.1 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 bid openings. DO NOT mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS@monroecounty-fl.gov, no later than 3:00 u1.Ml.„ on Mseurt Date . Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: c� "PROPOSAL— Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida" 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 25 MB or otherwise be rejected or undeliverable to OMB- BIDS@monroecounty-fl.gov, in advance of the bid opening. YOU MUST SEND AN EMAIL TO: omb-purchasing@monroecounty-fl.gov TO REQUEST INSTRUCTION TO PROPOSERS 00100-Page 10 of 216 Packet Pg. 1843 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL ARRANGEMENTS BE MADE FOR RECEIPT OF YOUR BID DOCUMENTS 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 may result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 l:::1.Ml., on Vnseu°t Date. Responses shall be organized as indicated below. 5.5.2 All submissions will remain valid for a period of one hundred and twenty (120) days from the date of the deadline for submission indicated above. 5.5.3 The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3) (d), Florida Statute (2013). The Board reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract(s) in the best interest of the County. 5.5.4 The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or L) which do not comply in every respect with the Instruction to Respondents, and the contract documents, may be rejected at the option of the County. c� 5.6 MODIFICATION AND WITHDRAWAL OF PROPOSALS 0 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 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 emails 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 if they are then fully in conformance with these Instructions to Proposers. 5.6.4 Proposal Security shall be in an amount equal to 5% 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 with the instructions on the proposal forms, and not make any changes thereto. INSTRUCTION TO PROPOSERS 00100-Page 11 of 216 Packet Pg. 1844 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 submitted as provided in Article 5.5.1 and enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than 24 hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. 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. b. Allow the Proposer to withdraw the Proposal and the Owner returns the Proposal Security. L) C. Allow the Proposer to enter into contract for the proposed Work at the original Proposal price. c� 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. 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 be returned unopened. 6.2 PROPOSALS TO REMAIN OPEN 6.2.1 All Proposals shall remain open and valid for one hundred twenty (120) days after the date designated for receipt of Proposals. 6.2.2 The Owner may, at his sole discretion, release any Proposal and return the Proposal Security before the one hundred twenty (120) days 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 INSTRUCTION TO PROPOSERS 00100-Page 12 of 216 Packet Pg. 1845 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 not only the price but also 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 based on 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 The Owner may conduct such investigations, as he deems 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 U Owner's satisfaction within the prescribed time. 6.3.6 The Owner reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 0 6.3.7 If the Contract is awarded, it will be awarded to the lowest, conforming responsible Proposer, with consideration to qualifications of the proposer. A Request for Proposal price is not the only consideration for award of the Contract. 6.3.8 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 Owner reserves the right to return all Proposals, not make any awards, and cancel the Project. 6.3.9 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. 6.3.4 Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney's Office within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the INSTRUCTION TO PROPOSERS 00100-Page 13 of 216 Packet Pg. 1846 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL notice of decision or intended decision on Demand Star or posting of the notice of decision or intended decision on the Monroe County Board of County Commissioners' ("BOCC") 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 BOCC's meeting date in which the award of contract by the BOCC 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 and manner prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to excuse the protest waiver. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. c, c, 6.4 EXECUTION OF CONTRACT c� 6.4.1 The contract shall be put in final form by Sustainability Manager and given to the Contractor for signature. The Contractor shall sign and deliver an executed copy of the Contract Agreement to Sustainability Manager within five (5) days after receipt of a contract from Sustainability Manager. All other Contract Documents such as Insurance Certificates are to be provided to Sustainability Manager within seven (7) days prior to 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 cause for an extension of the contract time. Sustainability Manager will return one 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 given Notice of Award in 6.3 above 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 lowest conforming responsible proposer. INSTRUCTION TO PROPOSERS 00100-Page 14 of 216 Packet Pg. 1847 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL ARTICLE 7 SPECIAL LEGAL REQUIREMENTS 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 36 months from the date of being placed on the convicted vendor list. Time is of the essence in completing the work under this CONTRACT, as a grant from 0 the Florida Department of Environmental Protection State Stewardship is funding the work. U U ARTICLE 8 CONTENT OF SUBMISSION c� 8.1 The proposal submitted in response to this RFP shall be clear and concise and provide the information requested herein. Statements submitted without the required information 0 will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be requested. Each Proposer must submit adequate documentation to indicate the Proposer's compliance with the County's requirements. Proposers should focus specifically on the information requested. 8.2 The following outline is to assist Proposers during preparation of proposals. In order to expedite the evaluation process, each Proposal should be organized in accordance with this Section. Proposals that do not follow the specified format outlined below, or fail to provide the documentation, may receive lower scores, or, if found to be nonresponsive, be disqualified. In the event of any conflict between any of the Proposal documents, resolution shall be in the County's sole discretion. Proposals submitted in response to this solicitation must be complete and unequivocal. In instances where a response is not required, or is not applicable or material to the proposal, a response such as "no response required" or "not applicable" is acceptable. INSTRUCTION TO PROPOSERS 00100-Page 15 of 216 Packet Pg. 1848 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 8.3 PROPOSAL FORMAT Section Section Name Section Content Number/ TABS 1 Introduction Cover Page Cover Letter Table of Contents Executive Summary 2 General Proposer Company Information Information Management Staff Business Status 3 Statement of Relevant Experience Qualifications Required Information References Previous Customer Reference Form (Attachment) 4 Financial Qualifications Financial Information and Litigation U U Claims 5 Technical Proposals Construction Methodology Plan and Schedule 6 Cost Proposals Unit Price Proposal Sheet Section 00110 - 7 Required County Forms RFP Section 00110- Proposal Forms SECTION 1. Introduction: A. Cover Page: A cover page shall be included. The cover page should contain Proposers/Proposer's name, address, telephone number, email address, and the name of the Proposers/Proposer's contact person authorized to execute the Agreement, in the event it is awarded. Name, address, telephone number, fax number, and e-mail address of Proposer's key contact person for delivery of notices, and/or project manager. B. Cover Letter: Proposals must be accompanied by a cover letter covering the following topics, at a minimum: • Introduction of the company and a brief history of the company's experience with breakwater, seaweed barrier and coastal related services within a marine environment. • Description of the type of organization (e.g. corporation, partnership, joint venture teams, and subcontractors) submitting the proposal. The cover letter shall be signed by the individual identified in the letter as authorized to execute the Agreement. INSTRUCTION TO PROPOSERS 00100-Page 16 of 216 Packet Pg. 1849 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Table of Contents: The table of contents should identify all subsections as well as main sections, figures, tables, and exhibits. D. Executive Summary: All proposals must include an Executive Summary not exceeding three (3) double-sided pages. The Executive Summary should, at a minimum: • identify the Proposer organization; • describe the organization of the project team; and • highlights of the breakwater repair and seaweed barrier process; The Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. Describe the firm's use of technologies and how it will be used to complete scope of work. Describe the firm's methodology for working locally given the amount of field work that will be required. SECTION 2. General Proposer Information: A. General Proposer Information: Proposer should provide comprehensive information about of the following as they relate to the proposed project team: 1) the Proposers, 2) subcontractors; and 3) affiliates (parent companies, subsidiaries, partners, principals, or joint venture); that will be used in the normal course of providing services required by the Agreement, including those W entities identified in the RFP Section 00110- Proposal Form. U U B. Company Information: Proposers should supply details of ownership of their company(ies) and any subcontractors and affiliates. The following information regarding the Proposer's company, and any subcontractors and affiliates must be listed: ■ If the company is a corporation, list the state of incorporation, the names and addresses of all officers and agents, and creditors who are owed a debt equal to five percent (5%) or more of the company's total assets. ■ List any proposed subcontractors and/or affiliated companies to be used in the normal course of business. Listing should include the company name, address, telephone number, contact name and title, and a brief description of their responsibilities and experience. C. Management Staff: Proposers should provide a listing and responsibilities only for the key staff positions that will be responsible for the management of the proposed work. This should > include any key subcontractors included in Proposer's proposal. M 4i Identify the site manager and other key management personnel (if employed by Proposer at the time of submittal), location of office or of proposed office, and telephone number (if available) where operations will be administered. D. Business Status: Proposer should provide records filed with and from the Florida Secretary of State to establish that Proposer, and any subcontractors or affiliates, are authorized to conduct business in the State of Florida. SECTION 3. Statement of Qualifications and Experience A. Relevant Experience: The Proposer shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed work, including experience working in Monroe County. Proposer should provide information INSTRUCTION TO PROPOSERS 00100-Page 17 of 216 Packet Pg. 1850 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL demonstrating that it has the necessary experience to provide coastal engineering services. A description of the relevant qualifications and experience of the firm and key personnel to the extent they can be identified should also be provided. The same information should be provided for subcontractors and affiliates (parent companies, subsidiaries, partners, principals, or joint venture) of the Contractor named in the proposal. B. Required Information: The information provided by Proposers should include, but not be limited to, the following: Describe the relevant experience of the company(ies) for the last five (5) years including a discussion of how the company meets the desired qualifications stated herein. If company(ies) has less than five (5) years' experience, describe the principals experience and their role in key projects of similar scope and nature. Provide a one 1 page resume of key management personnel if employed b Pro Proposer at the ( ) p9 Y 9 p (� Y p � time of submittal) and a description of their background. Detailed job descriptions may be substituted for resumes for positions that are not filled as of Proposal submittal. C. References and Past Performance on Similar Projects: The Proposer shall provide a list of past projects that are the same or similar to those services required in this Request for Proposals. The list should include, at a minimum, the following information: • Name and full address of the referenced project • Name and telephone number of client contact for referenced project • Date of initiation and completion of contract W • Summary of the project and services U In addition, the Proposer/Proposer should include a written reference from at least two government entities for which the Proposer has provided these services within the past three years- if applicable. The Previous Customer Reference Form shall also be included in this section and include a minimum of three references. 0 SECTION 4. Financial Qualifications and Litigation Financial Information and Litigation: The Proposer shall provide the following information: (1) A list of the person's or entity's shareholders with five percent 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; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) A print out of the "Detail by Entity Name" screen from the Proposer's listing in www.sunbiz.orq; (6) A copy of the Proposer's Annual Report that is submitted to the Florida Secretary of State; (7) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, 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.) 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 INSTRUCTION TO PROPOSERS 00100-Page 18 of 216 Packet Pg. 1851 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 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.) 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.) d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the 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 in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that U the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) c� 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 proposals; (8). Credit references (minimum of three), including name, current address and current telephone number; (9). Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and (10). Any financial information requested by the county department involved in the competitive solicitation, 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. Also: c� Suspension or Revocation of Entitlement: The Proposer shall inform the County if it and its affiliates have had a permit, franchise, license, business license, or other entitlement revoked or suspended in the last five (5) years. If yes, identify the parties involved, describe the reason for the revocation or suspension, and provide contact information. Payments or Charges: The Proposer must list any liquidated damages, administrative fines, charges, or assessments that total fifty thousand dollars ($50,000) or greater in any one (1) calendar year during the last five (5) years that have been paid by the Proposer, INSTRUCTION TO PROPOSERS 00100-Page 19 of 216 Packet Pg. 1852 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL or any subcontractor or affiliate of the Proposer, to a public agency as a result of services provided by Proposer. The list should include the name of the public agency, the date and amount of the liquidated damages, administrative fines, charges, or assessments, and the reason the public agency assessed the liquidated damages, administrative fines, charges, or assessments. Claims: The Proposer must list any claims, it and its affiliates have, against a bid, proposal, or performance bond and the results and failure to receive a bid, proposal, or performance bond, or any contractual defaults or termination in the last fifteen (15) years. CL SECTION 5. Technical Proposal A. Project Approach: Proposers must provide a technical proposal containing the following specified plans. The plans should be provided in adequate detail to allow the County to clearly evaluate the advantages and disadvantages of the proposed approach(es.) Proposer should identify and address any contingencies that might affect the availability of the proposed processing capacity and of markets for the clean fill material, such as timing of regulatory approvals, work stoppages, and equipment failure. 0 B. Construction Methodology Plan: The plan shall describe the method for repairing the breakwater and installing the air curtain and seaweed prevention system. U 1. Process U • Describe general process of breakwater repair and seaweed barrier system; • Identify the facility(ies) where the Proposer will transport the excess material and potential trash. 2. Operations • Describe the extent to which duties related to Processing Services will, 1) represent incremental additions in responsibility of existing staff, or, 2) require new staff. • Address personnel training requirements including, but not limited to, operational training, safety training programs, and frequencies of training meetings. 3. Compliance • Provide the number of violations received in the last three years and the reasons for each violation • Provide details on the nature and status of any outstanding violations. 4. Schedule: Provide a detailed construction schedule with completion of each activity detailed in the Scope of Work. c� SECTION 6. Cost Proposal Proposers should carefully review the instructions provided in this Section and in RFP section 00300 — Scope of Work and comply fully with the specified requirements. It is the sole responsibility of the Proposer to develop and be fully responsible for its proposed processing fees in the cost proposal forms. SECTION 7. Required County Forms INSTRUCTION TO PROPOSERS 00100-Page 20 of 216 Packet Pg. 1853 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL See Section 00110— Proposal Forms of the RFP for required County Forms to be included in the submittal. Copies of all professional and occupational licenses shall be included in this section. 8.4 DETERMINATION OF SUCCESSFUL PROPOSER Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the instruction to Proposer and the contract documents, may be rejected at the option of the County. 8.5 PROPOSAL EVALUATION WEIGHTING CRITERIA The following criteria and corresponding allocation of points will be used to evaluate proposals. Point Section ' Section Name Section Content Range 0 1 Introduction Cover Page 0 to 5 Cover Letter W Table of Contents U Executive Summary 2 General Proposer Company Information Information 0 to 15 Management Staff 0 Business Status 3 Statement of Relevant Experience Qualifications Required Information 0 to 15 References Previous Customer Reference Form 4 Financial Financial Information and Litigation -5 to 0 Qualifications Claims 5 Technical Construction Methodology Plan and Schedule 0 to 15 Proposals 6 Cost Proposals Unit Price Proposal Sheet Section 00110 0 to 55 7 Required County RFP Section 00110- Proposal Forms -5 to 0 Forms TOTAL 105 Pts 8.6 BASIS OF AWARD INSTRUCTION TO PROPOSERS 00100-Page 21 of 216 Packet Pg. 1854 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Recommendation for award of one or more agreement(s) will be based on the overall highest ranked Proposer's scores. Should the County, in its sole discretion, determine that a secondary award is required, award will be to the next highest-ranked Proposer combination. The County reserves the right to accept an offer in-full, in-part, or to reject all offers. 8.7 AWARD OF CONTRACT The County reserves the right to award separate contracts for portions of the work, waive any irregularity in any response, or to re-advertise for all or part of the work contemplated. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. The recommendation of the selection/ranking committee and the responses of the top ranked Proposals may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Proposers as ranked and approved by the BOCC. 0 END SECTION 00100 c, c, c� 0 c� INSTRUCTION TO PROPOSERS 00100-Page 22 of 216 Packet Pg. 1855 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00110 -PROPOSAL FORMS 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 26 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 34 8. Insurance Checklist 35 c, 9. Workers Compensation and Employers' Liability 35 10. General Liability 36 11. Vehicle Liability 37 12. Insurance Agent's Statements 42 13. Contractor License Current Copy to Be Submitted with Proposal Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed c� PROPOSAL FORMS 00110-Page 23 of 216 Packet Pg. 1856 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 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: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida 0 and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having W familiarized himself with material availability, Federal, State, and Local laws, ordinances U 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 workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. 0 The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. c� Dollars. (Total Base Proposal - words) (Total Base Proposal - numbers) PROPOSAL FORMS 00110-Page 24 of 216 Packet Pg. 1857 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL I acknowledge receipt of Addenda No.(s): No. Dated No. Dated No. Dated No. Dated Proposer, states by his check mark in the blank beside the form and by his signature that he has provided the following forms (located in Section 00110 and 00120). a. Proposal Form b. Unit Price Proposal Sheet C. Proposal Security (Bid Bond) d. Non-Collusion Affidavit e. Lobbying and Conflict of Interest Clause f. Drug-Free Workplace Form_ g. Public Entity Crime Statement ' h. Vendor Certification Regarding Scrutinized Companies Lists i. Proposer's Insurance and Indemnification Statement U U j. Insurance Agents Statement (signed by agent) , and c� In addition, Proposer states that he has included a certified copy of Contractor's License, and business tax receipts from Monroe County Tax Collector. (Check mark items above, 0 as a reminder that they are included.) Mailing Address: Phone Number: E Date: Signed: (Name) (Title) Witness: (Seal) PROPOSAL FORMS 00110-Page 25 of 216 Packet Pg. 1858 (smedea ja4em3leeig s 'Ua n aO ) 0009 43JeW aO J04eM3je8Jq a 'Ua n :4U8Wq3e44Va, R Lo N co G. d J v w H W o. z O 7- Za .. J H U w 0 W cc ry U Ir- n �a N z a w ~ ~ N 7-5 w p @ � > LILLLILLIULUUL cu � o a U) U) U) U) U) Z Z Z >- U) U) U) U) Z J J J _I _I (n _I _I _I _I p W o = A1IINvnb o N rya31�dWIlS3 C d: C w J Q a LUJ 0 _ } � 0 CU cu U) L- w0 0. � — Q U 7 cu cu 0 CU ry W z CU c -^ H cu "� m O cn cn E > (n � C (n a c E o ^ Li a) c cu (nn cu �+ w .N � w cu .� 0 — cu 0. p U O c O Q W — L _0 cu L L w Z E Q CU � � � � � � >, E cn ❑ cu 00 cn LL LL � od M � - //f�a) CO L L� .U L L 4- O O (CS cn 70 L _ _0 � L- L L O //�� O U) `� �Q - L v a cu a) u) L -Q cm 0 cv `/ c O >+ p QS cu CO O O 0 W cu U- N O � E cu cu Q Q O cu a) O O O a) — O a) L a) O a) L a- � � U F � 0 Q121 � O 0 Q a w ry m ry O w_ Z Z � N M It In CD I� 00 m o N M L ry O (3) I_ cB "' Q cv ~ O .0) U U) D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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. 0 WHEREAS, the Principal has submitted a bid for W U U (Here insert full name, address and description of project) c� 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 0 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 contact 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 FORMS 00110-Page 27 of 216 Packet Pg. 1860 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 bidder making the Proposal for the project described in the Request 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, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and U 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 0 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.. (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 My commission expires: PRE-PROPOSAL SUBSTITUTIONS 00163-Page 28 of 216 Packet Pg. 1861 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE if (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: 0 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 My commission expires: PRE-PROPOSAL SUBSTITUTIONS 00163-Page 29 of 216 Packet Pg. 1862 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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). 0 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 U guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled U substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 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 0 is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (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. PRE-PROPOSAL SUBSTITUTIONS 00163-Page 30 of 216 Packet Pg. 1863 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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, 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 (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: > STATE OF: 0 COUNTY OF: U Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online U notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC 0 My Commission Expires: c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 31 of 216 Packet Pg. 1864 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: CL City: State: Zip: Phone Number Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or 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 Activities in 0 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 Cuba or Syria. t3 As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified U 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. 4- 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 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: c� Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists PRE-PROPOSAL SUBSTITUTIONS 00163-Page 32 of 216 Packet Pg. 1865 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00120 - INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR PROPOSER WORKERS' COMPENSATION _X_Workers' Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee WC1 Employers Liability $100,000/$500,000/$100,000 WC2 Employers Liability $500,000/$500,000/$500,000 U WC3 _X_ Employers Liability $1,000,000/$1,000,000 /$1,000,000 WCUSLH _X_ US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA _X_ Federal Jones Act Same as Employers' Liability E c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 33 of 216 Packet Pg. 1866 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations . Products and Completed Operations • Blanket Contractual 0 Personal Injury • Expanded Definition of Property Damage Required Limits: GL1 $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit GL2 $300,000 per Person; $500,000 per Occurrence $200,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or U c� $1,000,000 Combined Single Limit GL4 _X_ $2,000,000 Combined Single Limit 0 Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 34 of 216 Packet Pg. 1867 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Non-owned; and Hired Vehicles Required Limits: VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or "Not for Profit" organizations. Risk Management must approve the use of this form). VL2 $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VL3 X_ $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or U c� $1,000,000 Combined Single Limit VL4 $5,000,000 Combined Single Limit 0 MISCELLANEOUS COVERAGES WL2 X Watercraft Liability $170007000 BR1 Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1 Professional $ 300,000 per Occurrence/$ 5007000Agg. PR02 Liability $ 500,000 per Occurrence/$1,000,000 Ag PR03 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 _X_ Liability $1,000,000 per Occurrence/$2,000,000 Agg. POL3 $5,000,000 per Occurrence/$10,000,000 Agg. ED1 Employee $ 107000 PRE-PROPOSAL SUBSTITUTIONS 00163-Page 35 of 216 Packet Pg. 1868 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL ED2 Dishonesty $100,000 GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MED1 Medical $ 300,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$ 3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BILL Bailee Liab. Maximum Value of County Property that will be in the Bailee's possession. HKL1 Hangar keepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 W U AIR1 Aircraft $ 1,000,000 U AIR2 Liability $ 5,000,000 AI R3 $50,000,000 AE01 Architects Errors $ 300,000 per Occurrence/$ 500,000 Agg. 0 AE02 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. W AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg. E01 Engineers Errors $ 300,000 per Occurrence/$ 500,000 Ag E02 & Omissions $ 500,000 per Occurrence/$1,000,000 Ag E03 $ 1,000,000 per Occurrence/$3,000,000 Agg. PRE-PROPOSAL SUBSTITUTIONS 00163-Page 36 of 216 Packet Pg. 1869 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident W $1,000,000 Bodily Injury by Disease, policy limits U $1,000,000 Bodily Injury by Disease, each employee WCUSLH US Longshoremen & Harbor Workers Act - Same as Employer's Liability WCJA Federal Jones Act - Same as Employer's Liability- Coverage shall be maintained throughout the entire term of the contract. 0 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an 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. c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 37 of 216 Packet Pg. 1870 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida 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 U • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $2,000,000 Combined Single Limit (CSL) 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. 2 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. E c� GL PRE-PROPOSAL SUBSTITUTIONS 00163-Page 38 of 216 Packet Pg. 1871 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida 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, liability coverage for- 0 • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: U $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be- 0 $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 2 E c� VL3 PRE-PROPOSAL SUBSTITUTIONS 00163-Page 39 of 216 Packet Pg. 1872 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee US Longshoremen & Harbor Workers Act— Same as Employer's Liability Federal Jones Act—Same as Employer's Liability General Liability, including $2,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Builder's Risk: Not Required Watercraft Liability $1,000,000 0 Pollution Liability $1,000,000 per Occurrence $2,000,000 Agg Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit U If split limits are preferred: U $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements 0 prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and PRE-PROPOSAL SUBSTITUTIONS 00163-Page 40 of 216 Packet Pg. 1873 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. I fully accept the indemnification and hold harmless as set out on page 00110-12 of this proposal. PROPOSER Signature 0 c, c, c� 0 c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 41 of 216 Packet Pg. 1874 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 Insurance Agency Signature 0 c) c) c� 0 c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 42 of 216 Packet Pg. 1875 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 21 Mu, REQUEST FOR N AR F INSITIUNCE REQ11REMENTS hisrequested.that the immmmeerequiraments,as specifiadm d3a Coumty's-Schedule cf Imsurance Raquhmmemh,be waived off modified an the fo - cmlract.. C annctur'"0.r a,r: CL Project or service-. arct :N'er Amass,&Phme tt': cremeral Rape ofW :, 0 Rea sua for Wei :or cation: u u PIDE ctes-Warner ffi Gdif3C2dGn will aP!OYID: 0 Risk Num4ement _ County dmmstrmur c5 ffig Tit`,: 104 PRE-PROPOSAL SUBSTITUTIONS 00163-Page 43 of 216 Packet Pg. 1876 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL MONROE COUNTY, FLORIDA 00163 -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 of the products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufacturers and stating, "or equivalent", "or equal", or "Sustainability Manager approved equivalent", or similar wording, submit a request for substitutions, for any product or manufacturer W which is not specifically named for review and approval by Owner and Architect. U U D. For products specified by naming only one product/manufacturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS 0 4- 0- 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 calendar days prior to the Proposal Date to Sustainability Manager. 2. Sustainability Manager will consider requests utilizing this section from the Proposer for substitution of products in place of those specified. 3. Those submitted 15 calendar days prior to Proposal 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. c� 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. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. PRE-PROPOSAL SUBSTITUTIONS 00163-Page 44 of 216 Packet Pg. 1877 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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. 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. 0 1.4 PROPOSER'S REPRESENTATION A. In making formal request for substitution the Proposer represents that: c, c, 1. He has investigated proposed product and has determined that it is equivalent to, or superior in all respects to that specified. 2. He will provide same warranties or bonds for substitution as for product specified. 3. He 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 waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his 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 SUSTAINABILITY MANAGER'S DUTIES 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 PRE-PROPOSAL SUBSTITUTIONS 00163-Page 45 of 216 Packet Pg. 1878 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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. c, c, c� c� PRE-PROPOSAL SUBSTITUTIONS 00163-Page 46 of 216 Packet Pg. 1879 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SUBSTITUTION FORM TO: WSP/Engineer PH: FAX: CL We herebysubmit for our consideration the following product instead of the specified item for the above project: Y 9p p p J Drawing No. Drawing Spec Sec. Spec Name Paragraph Specified Name Item Proposed Substitution: 0 CL LL Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require U for its proper installation. U Submit with request necessary samples and substantiating data to prove equal quality and performance to that which c� is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. CL LL Submitted By: Signature Title Firm Address City/State/Zip Code Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by Sustainability Manager: Approved Approved as noted Not Approved Rec'd too late Insufficient data received By Date PRE-PROPOSAL SUBSTITUTIONS 00163-Page 47 of 216 Packet Pg. 1880 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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? 0 D. What effect does substitution have on construction schedule? U c� c� E. Manufacturer's warranties of the proposed and specified items are: 0 Same Different. Explain- F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations- H. Designation of maintenance services and sources: (Attach additional sheets if required.) END SECTION 00163 PRE-PROPOSAL SUBSTITUTIONS 00163-Page 48 of 216 Packet Pg. 1881 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00230 -SITE SURVEY A. The Plat of Survey or other survey data are available upon request and are for the general information of the proposer. The data contained was prepared by the Engineer for the design of the project, and neither the Owner nor the Engineer, nor Sustainability Manager 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 Engineer, nor Sustainability Manager will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful proposer based upon the survey information provided. END OF SECTION 00230 0 c, c, c� 0 c� SITE SURVEY 00230 - Page 49 of 216 Packet Pg. 1882 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00300 - SCOPE OF WORK 1.0 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawing (IExllililblit A lw esligin Drawings) and detailed in the Technical Specifications included in this Proposal CL Package. 1.1 SCOPE OF WORK The purpose of the project is to repair the breakwater and add the air curtain and seaweed prevention system (IExllililbli°t IB Engineering and Ecological IReport). During Hurricane Irma, the storm surge toppled the boulders over the breakwater, which prior to the storm was providing a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in W from the ocean during the extreme heat of the summer that now clogs the canals, U causing severe water quality problems, respiratory and health issues, and U environmental disaster. c� The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. Repairing the breakwater and adding the air curtain and seaweed prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress and other health problems. All construction activities will be performed in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) standard manatee conditions for in- water work and the National Oceanic Atmospheric Association (NOAA) Fisheries construction conditions for sea turtle and smalltooth sawfish. 1.2 INTENT OF THE SPECIFICATIONS The intent of these 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. 1.2.1 LAYING OUT THE WORK SCOPE OF WORK 00300-Page 50 of 216 Packet Pg. 1883 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A. The Contractor shall be responsible for establishing all lines and grades together with all reference points as required by the various trades for all work under this Contract. B. The Contractor shall provide all labor and instruments and all stakes, templates, and other materials necessary for marking and maintaining all lines and grades. The lines and grades shall be subject to any checking that WSP may decide necessary. n C. No separate cost item is provided for laying out the work, the cost of which shall be included in the unit prices for items in the proposal. 1.2.2. SAFETY OF STRUCTURES A.The prosecution of the work shall ensure the stability of subaqueous utility crossings, buried and overhead utilities, parallel runs, utility poles and lines, guys and anchors, culverts, pipes and other structures or trees and vegetation or existing slope protection lying on or adjacent to the site of the work, insofar as structures may be jeopardized by repair operations. The Contractor shall be responsible for repair of damage resulting from construction operations. 1.2.3 CONTRACTOR'S OFFICE U A. The Contractor shall provide and maintain an office with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. 0 1.2.4 DAMAGE TO EXISTING STRUCTURES, UTILITIES AND LANDSCAPING A. The Contractor shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables,water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. The Contractor shall also be responsible for and make good all damage to homeowner docks of any type, seawalls, boats, fencing, and any other appurtenances, at the Contractor's sole expense. It is anticipated that > the homeowners will be responsible for boat removal prior to commencement of M work. B. The Contractor shall produce a pre-construction and post constructions video to document the existing and rehabilitation conditions. The documentation shall utilize a high-resolution digital video camera with extended still frame capability. The documentation shall record surface features located within the construction zone including, but not limited to, staging area, canal seawalls, boat lifts, boats, and any other permanent or temporary structures within the canal footprint. The documentation shall provide audio recording documenting the orientation, location, and description of features. The documentation shall accompany a written log which documents the aforementioned items and shall contain bright, sharp pictures with accurate colors and shall be free from distortion or any other SCOPE OF WORK 00300-Page 51 of 216 Packet Pg. 1884 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL significant picture imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. The construction shall not proceed until the County and WSP have reviewed the documentation and notified the Contractor of its acceptability. C. Information shown on the Drawings as to the location of existing utilities has been prepared by the most reliable data available to WSP. This information is not guaranteed, however, and it shall be this Contractor's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. The Contractor shall be responsible for and make good all damage to pavement, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. D. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs endangered by the work. Where 0 maintained shrubbery, grass strips or area within the right-of-way must be removed or destroyed incident to the construction operation, the Contractor, after W completion of the work, must replace or restore at the Contractor's sole expense U to the original condition all destroyed or damaged shrubbery, grass areas or pea rock areas. They must, leave the area in a clean and workmanship condition. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with tree paint. Care of trees, shrubs and grass shall be considered incidental and cost shall be included in the bid price 0 of the items listed in the bid. 1.2.5 SUBSURFACE INVESTIGATION A. The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the nature and location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrata or site conditions will not be allowed. 1.2.6 PROJECT SIGNS A. Two signs shall be constructed, installed and removed by the Contractor. The signs shall be constructed on 4' x 8' x 3/4" exterior plywood and readable at eye level. The colors to be used are white for the background and black for all lettering. All paint shall be rated outdoor enamel. The Monroe County seal will be supplied by SCOPE OF WORK 00300-Page 52 of 216 Packet Pg. 1885 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL the Chief Resiliency Officer at no cost to the contractor. The exact sign locations shall be determined prior to beginning work by WSP/Engineer. 1.2.7 MAINTENANCE OF TRAFFIC A.The Contractor shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of either the Florida D.O.T. or Monroe County, within their respective areas of jurisdiction. It shall be the Contractor's responsibility, as Bidder, prior to submitting his Bid, to determine the requirements of these agencies so that his Proposal reflects all costs to be incurred. No claims for additional payment will be considered for costs incurred in providing the proper maintenance, control, detour and protection of traffic. Contractor will be required to submit an MOT to plan to WSP/Engineer for approval prior to commencement of field activities. The Contractor will only be allowed to transport project-related materials to and from the site from 8AM to 6PM M-F, excluding holidays. B.Traffic shall be maintained at all times where practical and as more particularly 4- 0- specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the traffic control agency having jurisdiction. The Contractor shall W notify such agencies 48 hours in advance of such time he proposes to detour U traffic. c� C.The Contractor shall keep the COUNTY Sustainability Manager, WSP/Engineer, all law enforcement, fire protection and ambulance agencies informed, in advance, of his construction schedules, and shall notify all such agencies 48 hours in 0 advance, in the event of detour of any roadway. D.AII traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. E. Construction shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. > 1.2.8 PROTECTION OF WORK A.The Contractor shall protect his work throughout its length of the project by the erection of temporary fencing with privacy screening. They shall further indicate their work at night by the maintenance of suitable lights or flares. They shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out their work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. 1.2.9 EROSION CONTROLS SCOPE OF WORK 00300-Page 53 of 216 Packet Pg. 1886 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A.The Contractor shall be required to implement best management practices within the staging area(s) to control all stormwater runoff. The contractor shall review/modify the Proposed Erosion and Sediment Controls presented on the Drawings (Exhibit A). The modified Erosion and Sediment Control plan shall be sent to Monroe County and WSP/Engineer for review/approval before commencement of construction activities. 1.3 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. A. Where the Specifications refer to "Engineer" they shall be deemed to mean "County's Engineering Consultant, WSP" or designee for this project. The terms "Project Manual", "Specifications" and "Specification" are interchangeable, and all refer to the collective Sections of which this Section is a part. The terms "Drawings" and "Plans" are interchangeable and refer to the collective assembly of individual plans, details and drawings accompanying the Project Manual and intended to describe and illustrate the work of this project. B. All work shall comply with the most recent construction codes in effect at the time U and location of construction. Where codes are in conflict, the more stringent shall govern the work. C. Prior to initiation of construction, turbidity curtains will be deployed to isolate the construction site from adjacent waters. At a minimum weighted turbidity curtains 0 must be installed at the mouth of the canal as shown on the project drawings. The turbidity curtains must extend from the water's surface to the canal bottom. These will remain in place until all construction activity is complete and turbidity values have returned to preconstruction conditions. Contractor will implement all necessary turbidity reduction methods in order to meet the State turbidity requirements of 0 NTU increase above background levels in the Florida Outstanding Waters at the canal mouth. The County Engineering consultant,WSP, will monitor the turbidity to ensure Contractor compliance. Manatee Special Conditions: a. The Contractor shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s). b. The Contractor shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The Contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. SCOPE OF WORK 00300-Page 54 of 216 Packet Pg. 1887 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL c. Siltation barriers shall be installed and shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to or exit from essential habitat. d. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water whenever possible. e. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the Contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet to a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. f. Any collision with and/or injury to a manatee shall be reported W immediately to the "Manatee Hotline" at 1-800-DIAL FMP (1-800-342- U 5367). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida. 0 D. Threatened and Endangered Species Observations a. Prior to the initiation of construction activities, an adequately trained wildlife spotter will confirm that the canal is free of all potential threatened and endangered (T&E) species. The Contractor will provide an adequately educated spotter including an in-water spotter to ensure that marine life is not harmed by the proposed action with special attention being paid to the presence or absence of the smalltooth sawfish. Once the professional spotter has confirmed that there are no T&E species located within the canal, the contractor will prepare the project area by installing the remaining best management practices, such as turbidity barriers, as prescribed in the associated construction plans. b. Not only will turbidity barriers prevent the movement of turbid water into the FKNMS, but the barrier will also prevent T&E species from entering into the canal during the construction phase of the project. In addition to the aforementioned measures, all construction activities will be performed in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) standard manatee conditions for in-water work and the National Oceanic and Atmospheric Association (NOAA) Fisheries construction conditions for sea turtles and smalltooth sawfish. SCOPE OF WORK 00300-Page 55 of 216 Packet Pg. 1888 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL END OF SECTION 00300 c, CL c, c� 4i c� SCOPE OF WORK 00300-Page 56 of 216 Packet Pg. 1889 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00350 - MILESTONE SCHEDULE/LIQUIDATED DAMAGES MILESTONES This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special milestone dates. 1. Proposal Documents Available........................... ...................................Insert Date 2. Proposal Due Date.......................................... ............................... ....Insert Date 3. Monroe County Selection of Contractor (anticipated)...........................Insert Date 4. Signed Contract, Bond & Insurance Documents to Monroe County by the Contractor (anticipated)...... ..............................................................................................Insert Date 5. Board of County Commission Meeting, Approval of Contractor & Contract... ................................................................................. ......... ........Insert Date 6. Notice to Proceed Issued & Pre-Construction Meeting Held (anticipated) U U .......................................................................................................................... Insert 7. Contractor Submittal of Required Technical Plans and Schedule (anticipated) ..................................................................................... ..........Insert 0 8. Mandatory Initiation of Construction (anticipated) ..........................Insert 2022 9. Substantial Completion 180 calendar days for the Project (anticipated) TBD 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. If the work including mobilization is not initiated within seven (7) calendar days from Issuance of the Notice to Proceed, a fine of $500/day for days 1-15, $1,000/day for days 16-30, and $3,500/day after 30 days will be incurred by the Contractor until work has commenced. Mobilization shall not constitute commencement of Work. Once commenced, Contractor shall diligently continue performance until completion of the Project. The Contractorshall accomplish Substantial Completion of the Projectwithin One Hundred and lEligtity (180) calendar days from Notice to Proceed. 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 WSP, 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 MILESTONE SCHEDULE 00350-Page 57 of 216 Packet Pg. 1890 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 WSP/Engineer, that the Project is 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. The Owner shall be entitled to liquidated damages as shown below for work not accomplished by the dates specified 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 Sustainability Manager'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 0 CL 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 W $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day U $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. 0 CL END OF SECTION 00350 E c� MILESTONE SCHEDULE 00350-Page 58 of 216 Packet Pg. 1891 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00500 - SAMPLE AGREEMENT Between Owner and Contractor (Final Agreement To Be Negotiated Following Award Of Contract By Monroe County BOCC) Where the basis of payment is a STIPULATED SUM AGREEMENTCL Made as of the (write out the date) BETWEEN the Owner: Monroe County Board of County Commissioners 1100 Simonton Street The Gato Building, Room 2-205 Key West, Florida 33040 0 And the Contractor: CONTRACTOR CL ADDRESS ADDRESS U U For the following Project: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida CL This Agreement represents one of the canal restoration demonstration projects approved by the Monroe County BOCC, whose public purpose is to improve the water quality in Monroe County. Scope of the Work 2 1. Project Overview The purpose of the project is to repair the breakwater and add the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled the boulders over the breakwater, which prior to the storm was providing a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the ocean during the extreme heat of the summer that now clogs the canals, causing severe water quality problems, respiratory and health issues and environmental disaster. Repairing the breakwater and adding the air curtain and seaweed AGREEMENT 00500-Page 59 of 216 Packet Pg. 1892 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress and other health problems. 2. General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 3. General Requirements A. Construction work times shall be limited to: 8AM to 6PM Mon-Fri, excluding holidays B. Contractor needs to be aware of weather and location and plan accordingly. C. Contractor must remain aware of the community residences and plan accordingly. Coordination of each day's works shall be done in advance with approval from WSP/Engineer. U U D. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings (Exhibit A). The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this proposal package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary 0 or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Monroe County has made all reasonable efforts to obtain the required permits for this project. If the Contractor is aware of another permit that is required, it is up to them to obtain it. 2 SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to WSP prior to notice to proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. AGREEMENT 00500-Page 60 of 216 Packet Pg. 1893 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 3. If in the event of conflicting or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 5. Contractor shall provide suitable storage container and be responsible for disposal off-site of all debris and trash. 6. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited 8AM-6PM work hours Mon-Friday excluding holidays. Contractor will need to schedule work shifts typically from 8AM-6PM weekly. Any change to the agreed upon schedule must be obtained in writing with a minimum of 72 hrs. advanced notice. 7. Coordination of each day's works shall be done in advance with approval 0 from WSP / Engineer U U The Engineer is: WSP Environment & Infrastructure Solutions, Inc. Greg Corning 5845 NW 158t" Street Miami Lakes, Florida, 33014 314-920-8359 0 The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract AGREEMENT 00500-Page 61 of 216 Packet Pg. 1894 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 proceed with Work no later than 7 calendar days after receipt of the Notice To Proceed. Failure to commence with Work within the 7 day time period shall result in a $500.00 fine to the Contractor for each day that work does not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for days 31 and thereafter, as specified below. The Contractor shall accomplish Substantial Completion of the Project within One Hundred and Eighty (180) calendar days from 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. 0 The Owner shall be entitled to liquidated damages as shown below for all work that fails to meet the deadlines shown in the milestone schedule. Liquidated damages will be W based on the Substantial Completion Date for all work, modified by all approved U extensions in time as set forth by the Sustainability Manager'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 & 0 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 $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum E 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of /100 Dollars ($ ) subject to additions and deductions as provided in the Contract Documents. ARTICLE 5 Progress Payments AGREEMENT 00500-Page 62 of 216 Packet Pg. 1895 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 5.1 Based upon Applications for Payment submitted by the Contractor to the Sustainability Program Manager, and upon approval for payment issued by the Sustainability Program Manager, and Engineer, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. Contractor shall submit to Owner invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Owner's performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. 5.4 Each Application for Payment shall be based upon the Schedule of Values 4- 0- 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 s and be prepared in such form and supported by such data to substantiate its accuracy as U the Sustainability Program Manager may require. This schedule, unless objected to by the Sustainability Program Manager, 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 0 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 Sustainability Program Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed AGREEMENT 00500-Page 63 of 216 Packet Pg. 1896 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 Sustainability Program Manager has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of 5% will be withheld in accordance with section 218.735 (8)(a), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Upon achieving fifty percent (50 %) completion of the Work, and when requested by the Engineer, the Owner may release half of the amount previously retained. Owner reserves the right, at its sole discretion, to further reduce the amounts retained on any subsequent monthly payment request prior to final payment. Provided, however, nothing in this Section shall preclude or limit the Owner's right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. 0 ARTICLE 6 U 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 except for the Contractor's responsibility to correct nonconforming Work as 0 provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Sustainability Program Manager. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD or 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. AGREEMENT 00500-Page 64 of 216 Packet Pg. 1897 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt U Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions 0 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access AGREEMENT 00500-Page 65 of 216 Packet Pg. 1898 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or 0 the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, W covenants, conditions and provisions of this Agreement, shall not be affected thereby; U 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 0 provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non- prevailing party and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been 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. AGREEMENT 00500-Page 66 of 216 Packet Pg. 1899 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 j) Nondiscrimination. County and Contractor agree that there will be no W discrimination against any person, and it is expressly understood that upon a U determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88- 0 352), 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 patient 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 §§ 12101), as 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. AGREEMENT 00500-Page 67 of 216 Packet Pg. 1900 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of 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 4- 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, W percentage, gift, or consideration. U n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of 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 F.S. 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 AGREEMENT 00500-Page 68 of 216 Packet Pg. 1901 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall 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. 0 (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, W the County shall immediately notify the Contractor of the request, and the Contractor must U provide the records to the County or allow the records to be inspected or copied within a reasonable time. c� 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. 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 STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY- BRIAN(&-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. AGREEMENT 00500-Page 69 of 216 Packet Pg. 1902 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) 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. q) 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, U authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. AGREEMENT 00500-Page 70 of 216 Packet Pg. 1903 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or 0 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 W termination of this Agreement. U 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 0 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. w) 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. x) 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 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, AGREEMENT 00500-Page 71 of 216 Packet Pg. 1904 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 FEDERALLY REQUIRED CONTRACT PROVISIONS (only applicable if funding provided by federal grant) The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as CL amended, including but not limited to: 8.1 Equal Employment Opportunity (41 CFR part 60-1.3). During the performance of U this Agreement, the Contractor agrees as follows: (a) 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 0 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. (b) 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. (c) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, AGREEMENT 00500-Page 72 of 216 Packet Pg. 1905 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (d) 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. (e) The Contractor will comply with all provisions of Executive Order 11246 of CL September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (f) 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. (g) 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 0 declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions W may be imposed and remedies invoked as provided in Executive Order 11246 of U September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the portion of the sentence immediately preceding sub-paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of 0 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. 8.2 Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended (for contracts and subgrants in excess of $150,000). 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. 8.3 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness AGREEMENT 00500-Page 73 of 216 Packet Pg. 1906 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 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 copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" and made a 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 0 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 s (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work U 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. 0 a. 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. b. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as 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. C. 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. 8.4 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). 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 based on a standard workweek of forty (40) hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a AGREEMENT 00500-Page 74 of 216 Packet Pg. 1907 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL half times the basic rate of pay for all hours worked in excess of forty (40) hours in the workweek. 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. 8.5 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. 8.6 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 0 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 s Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and U 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. 8.7 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Contractors that apply or bid 4- 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. 8.8 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 designed 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; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- AGREEMENT 00500-Page 75 of 216 Packet Pg. 1908 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL designated items unless the product cannot be acquired; (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https-//www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 8.9 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video 0 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology W Company (or any subsidiary or affiliate of such entities). U (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably 0 believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 8.10 Domestic preference for procurements as set forth in 2 CFR §200.322. The County and Contractor should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section- (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 8.11 Americans with Disabilities Act of 1990 (ADA), as amended. 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. AGREEMENT 00500-Page 76 of 216 Packet Pg. 1909 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 8.12 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 8.13 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 4- 0- 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. W b. Affirmative steps must include: U i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller 4- tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. 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. vi. Requiring the Prime Contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph (i) through vi) of this section. E 8.14 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. ARTICLE 9 Termination or Suspension AGREEMENT 00500-Page 77 of 216 Packet Pg. 1910 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Insert information here). a) Drawings: b) Project Manual: 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. 0 10.1.3 The Supplementary and other Conditions of the Contract are those contained in W the Project Manual dated: U 10.1.4 The Addenda, if any, are as follows: Number Date Page 0 CL 10.1.5 The Alternates, if any, are as follows: Alternate No. 1: c� END ALTERNATES AGREEMENT 00500-Page 78 of 216 Packet Pg. 1911 D.2.a TAVERNIER BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. 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 AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date (SEAL) CONTRACTOR Attest: By: By: 0 Print Name: Print name: W U U Title: Title: c� Date: Date: And: 0 By: Print Name: Title: Date: STATE OF FLORIDA COUNTY OF 2 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. By: Notary Public Print Name My commission expires: Seal AGREEMENT 00500-Page 79 of 216 Packet Pg. 1912 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL GENERAL REQUIREMENTS Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 00990 Special Conditions Section 01010 Summary of Work 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 — (RFI) Section 01400 Quality Control Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions U U 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 0 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 Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties c� GENERAL REQUIREMENTS Page 80 of 216 Packet Pg. 1913 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Section 00750 General Conditions of the Contract for Construction n Table of Articles 1 . General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors c� 6. Construction by Owner or By Other Contractors U 7. Changes in the Work 8. Time 0 9. Payments and Completion 10. Protection of Persons and Property 11 . Insurance and Bonds 12. Uncovering and Correction of Work n 2 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract E GENERAL REQUIREMENTS Page 81 of 216 Packet Pg. 1914 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Engineer and Contractor, (2) between Sustainability Manager and Contractor, (3) between the WSP/Engineer and Sustainability Manager, (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 W duties of Sustainability Manager and WSP/Engineer. U U 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. 0 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Sustainability Manager. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. GENERAL CONDITIONS OF CONTRACT 00750-Page 82 of 216 Packet Pg. 1915 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Engineer's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the WSP/Engineer are instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the WSP/Engineer. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to WSP/Engineer on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from WSP/Engineer 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 c� 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation GENERAL CONDITIONS OF CONTRACT 00750-Page 83 of 216 Packet Pg. 1916 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 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 Not applicable 2.2.3 Not applicable 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 Sustainability Manager and may contemporaneously provide the same communications to the Engineer. 2.2.7 The foregoing is 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). 0 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Sustainability Manager's and Engineer's and their respective consultants' additional services and expenses made necessary by such GENERAL CONDITIONS OF CONTRACT 00750-Page 84 of 216 Packet Pg. 1917 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean- up issues, Owner has right to provide a minimum of 24 hours' notice. In the event of safety issues determined to be of a serious nature, as determined by WSP/Engineer, notice will be given, and contractor is required to rectify deficiency immediately. 3.0 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Sustainability Manager, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to WSP/Engineer errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Sustainability Manager or WSP/Engineer for damage resulting from W errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized U such error, inconsistency or omission and knowingly failed to report it to WSP/Engineer. If the U Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to WSP/Engineer, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 0 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 WSP/Engineer at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of WSP/Engineer as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Sustainability Manager or WSP/Engineer GENERAL CONDITIONS OF CONTRACT 00750-Page 85 of 216 Packet Pg. 1918 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, 0 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 W Contractor's employee is determined to be detrimental to the Project, as deemed by L) WSP/Engineer, the Contractor will remove and/or replace the employee at the request of WSP/Engineer. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 0 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 WSP/Engineer, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Sustainability Manager and WSP/Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by WSP/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes GENERAL CONDITIONS OF CONTRACT 00750-Page 86 of 216 Packet Pg. 1919 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received, or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The County and/or the Engineer/WSP has applied for the applicable environmental and County permits. However, the Contractor shall secure and pay for licenses, inspections, testing, and surveys required by Federal, State, or Municipal entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Sustainability Manager, WSP/Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Sustainability Manager, WSP/Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall W bear the attributable costs. U U 3.8 Not applicable 3.9 Superintendent M 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 0 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 WSP/Engineer and shall not be changed except with the consent of WSP/Engineer, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and WSP/Engineer's information and Sustainability Manager'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 five (5) days after Notice to Proceed, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to Sustainability Manager's approval. 3.10.2 The Contractor shall cooperate with WSP/Engineer in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. GENERAL CONDITIONS OF CONTRACT 00750-Page 87 of 216 Packet Pg. 1920 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 WSP/Engineer will schedule and conduct a project meeting at a minimum of one meeting per week in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Sustainability Manager and WSP/Engineer and shall be delivered to WSP/Engineer for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or 0 equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. U 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 WSP/Engineer is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to WSP/Engineer, in accordance with the schedule and sequence approved by Sustainability Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with WSP/Engineer in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by WSP/Engineer. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by WSP/Engineer approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Sustainability Manager and GENERAL CONDITIONS OF CONTRACT 00750-Page 88 of 216 Packet Pg. 1921 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL WSP/Engineer in writing of such deviation at the time of submittal and WSP/Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by WSP/Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Sustainability Manager and WSP/Engineer on previous submittals. 3.12.10 Informational submittals upon which WSP/Engineer are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, WSP/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to WSP/Engineer 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, 0 permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. W 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval L) of, WSP/Engineer 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 4- 0- as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of WSP/Engineer, 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 Sustainability Manager shall also be required. The Contractor shall not unreasonably withhold from WSP/Engineer or any separate contractor his 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 materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up GENERAL CONDITIONS OF CONTRACT 00750-Page 89 of 216 Packet Pg. 1922 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, WSP/Engineer may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work CL 3.16.1 The Contractor shall provide the Owner, Sustainability Manager and WSP/Engineer access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Sustainability Manager and WSP/Engineer harmless from loss on account thereof but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the WSP/Engineer and Sustainability Manager. 3.18 Indemnification and Hold Harmless U U 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 0 interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 90 of 216 Packet Pg. 1923 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. 4.0 ADMINISTRATION OF THE CONTACT 4.1 WSP/Engineer 4.1.1 The WSP/Engineer is the person lawfully licensed to practice engineering or any entity lawfully practicing engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. 4.2 Sustainability Manager 4.2.1 Sustainability Manager is the person identified as such in the Agreement and is referred to throughout the Contract Documents. The term "Sustainability Manager" means Monroe County Sustainability Program Manager or Sustainability Manager's authorized representative. 4.3 Duties, responsibilities and limitations of authority of Sustainability Manager and WSP/Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Sustainability Manager, Engineer and Contractor. Consent shall not be unreasonably withheld. 0 4.4 In case of termination of employment of Engineer, the Owner shall appoint an Engineer whose status under the Contract Documents shall be that of the former Architect/Engineer. W 4.5 Not Used U 4.6 Administration of the Contract c� 4.6.1 Sustainability Manager and WSP/Engineer will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Sustainability Manager and WSP/Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 WSP/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 WSP/Engineer will provide for coordination of the activities of other Contractors and of the Owner's own forces, if any, with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors or subcontractors and WSP/Engineer Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, WSP/Engineer and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 WSP/Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, GENERAL CONDITIONS OF CONTRACT 00750-Page 91 of 216 Packet Pg. 1924 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL will be in accordance with the Contract Documents. However, WSP or Sustainability Manager 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 of WSP/Engineer, WSP will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 Sustainability Manager and WSP/Engineer will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither Sustainability Manager nor WSP/Engineer will have control over, or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Sustainability Manager, and shall contemporaneously provide the same communications to the WSP/Engineer. Communications by and with the > Engineer's consultants shall be through the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Sustainability Manager and shall be contemporaneously provided to the WSP/Engineer. 4.6.8 WSP/Engineer will review and certify all Applications for Payment by the Contractor, c) c, including final payment. WSP/Engineer will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Sustainability Manager. 4.6.9 Based on WSP/Engineer's observations and evaluations of Contractors' Applications for Payment, WSP/Engineer will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 WSP/Engineer will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying Sustainability Manager. Subject to review, Sustainability Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever WSP/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, WSP/Engineer have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Sustainability Manager will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of WSP/Engineer. However, neither WSP/Engineer's nor Sustainability Manager'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 WSP/Engineer or Sustainability Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. GENERAL CONDITIONS OF CONTRACT 00750-Page 92 of 216 Packet Pg. 1925 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 4.6.11 WSP/Engineer will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. WSP/Engineer's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 WSP/Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. WSP/Engineer's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Sustainability Manager, 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. WSP/Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. WSP/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by WSP/Engineer, of any construction means, methods, techniques, sequences or procedures. WSP/Engineer's approval of a specific item shall not indicate approval 0 of an assembly of which the item is a component. 4.6.13 Sustainability Manager will prepare Change Orders and Construction Change Directives, c) in consultation with WSP/Engineer. c, 4.6.14 Following consultation with WSP/Engineer, Sustainability Manager will take appropriate action on Change Orders or Construction Change Directives. 4.6.16 The Contractor will assist WSP/Engineer in conducting inspections to determine the dates of Substantial completion and final completion and will receive and forward to WSP/Engineer written warranties and related documents required by the Contract and assembled by the Contractor. WSP/Engineer will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 WSP/Engineer will provide one or more project representatives to assist in carrying out their responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an Exhibit to be incorporated in the Contract Documents. 4.6.18 WSP/Engineer will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. WSP/Engineer's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Engineer shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Engineer to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of Sustainability Manager will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, Sustainability Manager 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 93 of 216 Packet Pg. 1926 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 4.6.20 Sustainability Manager'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 Sustainability Manager shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 161h Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the U Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and 0 unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. Sustainability Manager will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Sustainability Manager, (2) a written order for a minor change in the Work issued by WSP/Engineer, (3) failure of payment by GENERAL CONDITIONS OF CONTRACT 00750-Page 94 of 216 Packet Pg. 1927 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 0 5.0 SUBCONTRACTORS 5.1 Definitions U 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to U 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 Sustainability Manager for review by the Owner and Sustainability Manager the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Sustainability Manager will promptly reply to the Contractor in writing stating whether or not the Owner or Sustainability Manager, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Sustainability Manager to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Sustainability Manager has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Sustainability Manager has made reasonable objection. 5.2.3 If the Owner or Sustainability Manager refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the GENERAL CONDITIONS OF CONTRACT 00750-Page 95 of 216 Packet Pg. 1928 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Sustainability Manager makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or Sustainability Manager. Each subcontract agreement shall preserve and protect the rights of the Owner or Sustainability Manager 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. 0 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the U Owner provided that: U .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 0 construction bond covering the Contract. i. If the work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Sustainability Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Sustainability Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. GENERAL CONDITIONS OF CONTRACT 00750-Page 96 of 216 Packet Pg. 1929 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Sustainability Manager shall be held harmless for any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces 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 any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be > borne by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to be completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. L) 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and 0 patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify Sustainability Manager in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Sustainability Manager within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Sustainability Manager for an increase in the Contract price, nor a claim against the Owner or Sustainability Manager for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up GENERAL CONDITIONS OF CONTRACT 00750-Page 97 of 216 Packet Pg. 1930 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Sustainability Manager determines to be just. 7.0 CHANGES IN THE WORK 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 minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Sustainability Manager, WSP/Engineer and Contractor; a Construction Change Directive requires agreement by the Owner and Sustainability Manager and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by WSP/Contractor 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 0 7.2.1 A change Order is a written instrument prepared by WSP/Engineer and signed by the Owner, Sustainability Manager and Contractor stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. GENERAL CONDITIONS OF CONTRACT 00750-Page 98 of 216 Packet Pg. 1931 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Sustainability Manager is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Sustainability Manager. The daily force account forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Sustainability Manager 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 Sustainability Manager with all supporting documentation required by Sustainability Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Sustainability Manager. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Sustainability Manager. 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 U tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work(other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); .2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Sustainability Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Sustainability Manager such as GENERAL CONDITIONS OF CONTRACT 00750-Page 99 of 216 Packet Pg. 1932 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL certified quotations or invoices shall be provided by the Contractor to Sustainability Manager at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by WSP/Engineer, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Sustainability Manager 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 Sustainability Manager for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. CL 7.3 Authority U U 7.3.1 WSP/Engineer will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be affected by written order issued through WSP/Engineer and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by Sustainability Manager in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner/Sustainability Manager 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 100 of 216 Packet Pg. 1933 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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, Sustainability Manager, or the WSP/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Sustainability Manager, or by any other cause which Sustainability Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Sustainability Manager may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Sustainability Manager not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph L) 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum c� 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 WSP/Engineer, a schedule of values allocated to various portions of the Work, prepared in such GENERAL CONDITIONS OF CONTRACT 00750-Page 101 of 216 Packet Pg. 1934 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL form and supported by such data to substantiate its accuracy as WSP/Engineer may require. This schedule, unless objected to by Sustainability Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment,the Contractor shall submit to WSP/Engineer 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 Sustainability Manager may require, such as copies of requisitions from Subcontractors and material suppliers and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 0 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. L) 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. 0 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. c� 9.4 Approval for Payment 9.4.1 WSP/Engineer will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the WSP/Engineer's receipt of the Project Application for Payment, WSP/Engineer will either recommend approval to the Sustainability Manager for the Application for Payment, GENERAL CONDITIONS OF CONTRACT 00750-Page 102 of 216 Packet Pg. 1935 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL with a copy to the Contractor, for such amount as WSP/Engineer recommends to the Sustainability Manager is properly due, or notify the Contractor in writing of WSP/Engineer's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by WSP/Engineer to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of WSP/Engineer'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, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by WSP/Engineer. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that WSP/Engineer has(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 0 CL 9.5 Decisions to Withhold Approval c, 9.5.1 WSP/Engineer may decline to approve an Application for Payment if, in his opinion, the U application is not adequately supported. If the Contractor and WSP/Engineer cannot agree on a revised amount,WSP/Engineer shall process the Application for the amount it deems appropriate. WSP/Engineer may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to WSP/Engineer, Sustainability Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Sustainability Manager. 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 WSP/Engineer has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify WSP/Engineer. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, GENERAL CONDITIONS OF CONTRACT 00750-Page 103 of 216 Packet Pg. 1936 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by WSP/Engineer and Sustainability Manager 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 WSP/Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken 0 thereon by the Owner and Sustainability Manager on account of portions of the Work done by such Subcontractor. W 9.6.4 Neither the Owner nor Sustainability Manager shall have an obligation to pay, or to see cam,' to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner 4- 0- shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Sustainability Manager to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion GENERAL CONDITIONS OF CONTRACT 00750-Page 104 of 216 Packet Pg. 1937 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and WSP/Engineer 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,WSP/Engineer will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by WSP/Engineer. The Contractor shall then submit a request for another inspection by WSP/Engineer, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, WSP/Engineer will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list > accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise 0 provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities s assigned to them in such Certificate. L) 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by WSP/Engineer and Sustainability Manager, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 0 9.9 Partial Occupancy or Use CL 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and WSP/Engineer shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Sustainability Manager. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Sustainability Manager, WSP/Engineer and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. GENERAL CONDITIONS OF CONTRACT 00750-Page 105 of 216 Packet Pg. 1938 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer a written Notice that the Work is ready for final inspection and acceptance and shall also forward to WSP/Engineer a final Contractor's Application for Payment. Upon receipt, WSP/Engineer will promptly make such inspection. When WSP/Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, WSP/Engineer will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. WSP/Engineer's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to WSP/Engineer and Sustainability Manager(1)an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD of all the following but not limited to: c� 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 106 of 216 Packet Pg. 1939 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Sustainability Manager 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 W U 10.1 Safety Precautions and Programs U 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 WSP/Engineer for review, approval and coordination with the safety programs of other Contractors. 0 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Sustainability Manager and WSP/Engineer in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to WSP/Engineer and Sustainability Manager in writing. The Owner, Contractor and Sustainability Manager shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event GENERAL CONDITIONS OF CONTRACT 00750-Page 107 of 216 Packet Pg. 1940 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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, WSP/Engineer and Sustainability Manager 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, WSP/Engineer and Sustainability Manager 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, WSP/Engineer or Sustainability Manager has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, WSP/Engineer and Sustainability Manager have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who maybe affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; 0 .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 s replacement in the course of construction; and U U .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their M protection from damage, injury or loss. 4- 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.27 10.2.1.37 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Sustainability Manager or WSP/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's GENERAL CONDITIONS OF CONTRACT 00750-Page 108 of 216 Packet Pg. 1941 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL superintendent unless otherwise designated by the Contractor in writing to the Owner, WSP/Engineer or Sustainability Manager. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to U obtain insurance consistent with the attached schedules. U 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required 0 insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Sustainability Manager as satisfactory evidence of the required insurance, either: Certificate of Insurance Or A certified copy of the actual insurance policy GENERAL CONDITIONS OF CONTRACT 00750-Page 109 of 216 Packet Pg. 1942 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: Not Required 0 11.3 Public Construction Bond 11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of c) this Contract. c) 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 0 4- CL 12.1.1 If a portion of the Work is covered contrary to WSP/Engineer's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by WSP/Engineer, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which WSP/Engineer has not specifically requested to observe prior to its being covered, WSP/Engineer may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by WSP/Engineer or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for WSP/Engineer's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under GENERAL CONDITIONS OF CONTRACT 00750-Page 110 of 216 Packet Pg. 1943 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from WSP/Engineer, the Owner may remove it and store the salvageable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within > ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for WSP/Engineer's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum c) shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not c, sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be affected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law GENERAL CONDITIONS OF CONTRACT 00750-Page 111 of 216 Packet Pg. 1944 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Sustainability Manager (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Sustainability Manager. 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: 0 For Contractor: U U c� 0 For Owner: Chief Resilience Officer County Administrator 102050 Overseas Highway, Ste. 246 1100 Simonton St., Ste. 2-205 Key Largo, FL 33037 Key West, FL 33040 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Sustainability Manager, WSP/Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall GENERAL CONDITIONS OF CONTRACT 00750-Page 112 of 216 Packet Pg. 1945 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer timely notice of when and where tests and inspections are to be made so WSP/Engineer may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If WSP/Engineer, Sustainability Manager, 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,WSP/Engineer will, upon written authorization from the Sustainability Manager or Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to WSP/Engineer of when and where tests and inspections are to be made so WSP/Engineer may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 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 WSP/Engineer's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by 0 the Contract Documents, be secured by the Contractor and promptly delivered to WSP/Engineer. 13.5.5 If WSP/Engineer is to observe tests, inspections or approvals required by the Contract cJ Documents, WSP/Engineer will do so promptly and, where practicable, at the normal place of c) testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 0 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; c� .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. GENERAL CONDITIONS OF CONTRACT 00750-Page 113 of 216 Packet Pg. 1946 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 14.1.2 When any of the above reasons exist, the Owner, after consultation with WSP/Engineer, and upon certification by Sustainability Manager that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to tei;ate- suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 This contract may be terminated for convenience by the Owner upon ten (10) days written notice to contractor delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. Contractor shall cease work as directed. In such case, Contractor shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work which has not been performed. 0 2 c� GENERAL CONDITIONS OF CONTRACT 00750-Page 114 of 216 Packet Pg. 1947 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 00970 -PROJECT SAFETY AND HEALTH PLAN REGULATIONS AND POLICIES A. Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3) The Contractor's proposed alternative, including technical drawings, materials, or equipment 0 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 U 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. 0 4- 0- Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: U.S. Government Printing Office Bookstore 710 North Capitol Street N.W. Washington, DC http://www.gpo.gov/about/bookstore.htm GENERAL CONTRACTOR REQUIREMENTS SAFETY PROGRAM Each Contractor and sub-contractor are 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 PROJECT SAFETY AND HEALTH PLAN 00970-Page 115 of 216 Packet Pg. 1948 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1.2 PRECONSTRUCTION SAFETY MEETING Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.3 JOINT SAFETY POLICY COMMITTEE The Contractor or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee with WSP/Engineer and Contractor supervisory personnel. At these meetings the Contractor's project manager and the Contracting Officer will review the effectiveness of the Contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work. 0 1.4 SAFETY PERSONNEL Each Contractor is to designate a competent supervisory employee satisfactory to the Contracting L) Officer to administer the safety program. c� The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 0 4- 1.5 SAFETY MEETINGS A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.6 SAFETY INSPECTION The Contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies. PROJECT SAFETY AND HEALTH PLAN 00970-Page 116 of 216 Packet Pg. 1949 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed duration of three hours. In summary, there will be a three-part clean-up plan. 1. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. 2. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of one (1) crew is to be utilized by each contractor, or 10%, whichever is more. 3. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be back charged. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until M the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.7 FIRST AID TRAINING Every Contractor foreman's work crew must include an employee who has a current first aid certificate from the, American Red Cross, or other Monroe County-approved organization. 1.8 REPORTS PROJECT SAFETY AND HEALTH PLAN 00970-Page 117 of 216 Packet Pg. 1950 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the Contracting Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Contractor is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to investigation of an accident. 1.9 CERTIFICATION OF INSURANCE Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance required under the contract. 2.0 FIRST AID AND MEDICAL FACILITIES c) c, 2.1 FIRST AID KITS c� A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well- identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the Contractor to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.4 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. 2.5 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; PROJECT SAFETY AND HEALTH PLAN 00970-Page 118 of 216 Packet Pg. 1951 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL (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 listingof telephone numbers and addresses of doctor, rescues squad, hospital, police, and fire p q p� � departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES: 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or _ others. U U No personal radios or stereos will be allowed on the job-site. c� 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a 4- 0- 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 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT: 4.1 HARDHAT AREAS PROJECT SAFETY AND HEALTH PLAN 00970-Page 119 of 216 Packet Pg. 1952 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Contractor shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Contractor at entries to shops, construction yards, and job access points. 4.3 SAFETY GOGGLES (DRILLERS) 4.3.1 DRILLERS AND HELPERS. U Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety U goggles. c� 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 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 are to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE The Contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. PROJECT SAFETY AND HEALTH PLAN 00970-Page 120 of 216 Packet Pg. 1953 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 5.3.2 SINGLE-LANE HAUL ROADS Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one- half the minimum sight distance. 5.3.5 OPERATORS. Machinery and mechanized equipment shall be operated only by authorized qualified persons. U 5.3.6 RIDING ON EQUIPMENT c� 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 hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4.1 PERFORMANCE TEST ' Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the Contracting Officer. Test data shall be recorded, and a copy furnished the Contracting Officer. PROJECT SAFETY AND HEALTH PLAN 00970-Page 121 of 216 Packet Pg. 1954 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. 5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order. 5.4.5 CRANE TEST CERTIFICATION. The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the Contracting Officer a copy of a certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES c� 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 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 122 of 216 Packet Pg. 1955 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 5.5.2 EQUIPMENT REQUIRING ROPS The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off- highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or concrete boom truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding 75% of the crane's 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. U U Critical crane lift plans, if authorized, may have to be reviewed by a professional engineer (the contractor shall budget the PE review within project budget). Additionally, a critical lift JHA shall be submitted with the crane lift plan. Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization — 5 0 days for critical and helicopter lifts. Crane Lift Plans must be based on "worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. The Crane Lift Plan must be COMPLETE along with attachments—see Section 5 for the required Attachments. All rigging devices MUST bear the name of the manufacturer and be certified as to their capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.) may be acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan but may arise due to site conditions (moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to PROJECT SAFETY AND HEALTH PLAN 00970-Page 123 of 216 Packet Pg. 1956 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan to be amended. The contractor is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. The contractor is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The contractor is responsible to obtain all information that is necessary to develop a power line safety plan. The contractor is responsible to train all personnel involved in the Assembly / Disassembly and or Crane Lift. The contractor must provide the following information along with the Crane Lift Plan: • Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger, Signal Person • Load Chart (complete with notes) 0 • Range Chart • Dimension Illustration and Specifications for Crane U • Lightning and Wind Restrictions (from operators' manual) U • Area (Quadrant) of Operation Diagram • Operator's License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project. • Jurisdictional Registration, if required 0 • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • 3rd Party Inspection Certification and Report—see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA). • Weights of Materials • Rigging Plan • Logistics Plan The contractor shall comply with the Site Specific Safety Plan. The contractor/ Crane Company/ Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Contractor, subcontractors and Monroe County. No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. PROJECT SAFETY AND HEALTH PLAN 00970-Page 124 of 216 Packet Pg. 1957 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 6.0 LADDERS AND SCAFFOLDING: 6.1 LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451 Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104 Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet. c, (c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided. 7.0 FIRE PROTECTION 0 4- A. Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to ensure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES A. It shall be the Contractor's sole and exclusive responsibility: (a)To provide personnel capable of working adjacent to energized electrical lines or other utilities (b) To provide adequate, safe and properly maintained equipment c� (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 PROJECT SAFETY AND HEALTH PLAN 00970-Page 125 of 216 Packet Pg. 1958 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL (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 WSP/Engineer or Sustainability Manager. 9.0 BARRICADES, WARNING DEVICES AND LIGHTING A. The Contractor shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his work to comply with Federal, State and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all times. B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, WSP/Engineer, or Sustainability Manager. D. The Contractor shall provide a security fence around the area of the Work so as to prevent c) entry into the Work area by unauthorized personnel and the general public. The fence shall have c) fence post bases that eliminate the need to penetrate the ground for support. c� 10.0 HAZARDOUS MATERIALS 10.1 In the event the Contractor encounters on the site material reasonably believed to be 4- asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Sustainability Manager, and WSP/Engineer in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.2 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to WSP/Engineer and Sustainability Manager in writing. The Owner, Contractor and Sustainability Manager shall then proceed in the same manner described in Subparagraph 10.1 10.1.3 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered PROJECT SAFETY AND HEALTH PLAN 00970-Page 126 of 216 Packet Pg. 1959 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, WSP/Engineer and Sustainability Manager 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, WSP/Engineer and Sustainability Manager 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, WSP/Engineer or Sustainability Manager has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, WSP/Engineer and Sustainability Manager have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and 4- 0- performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Sustainability Manager or WSP/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Sustainability Manager. PROJECT SAFETY AND HEALTH PLAN 00970-Page 127 of 216 Packet Pg. 1960 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 11.0 EMERGENCIES 11.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7 c, c, c� c� PROJECT SAFETY AND HEALTH PLAN 00970-Page 128 of 216 Packet Pg. 1961 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 00980 - CONTRACTOR QUALITY CONTROL PLAN 1.1 WSP/Engineer DUTIES AND RESPONSIBILITIES A. WSP/Engineer will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. 1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. B. The Contractor will provide a Quality Control Plan for approval and designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties, but the primary responsibility and authority will rest on him. 0 C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to WSP/Engineer. Any submittal that is at variance to the contract requirements must be identified as such and transmitted L) to WSP/Engineer for submittal and approval by the Owner. No work requiring submittal of a shop drawing, product data or sample shall commence until the submittal has been reviewed and approved by WSP/Engineer. D. The Contractor will bear the responsibility of scheduling all required testing and inspections by the designated material-testing laboratory, in a timely fashion, to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. E. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to ensure that the technical information provided, and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Monroe County representative WSP/Engineer on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to WSP/Engineer is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 129 of 216 Packet Pg. 1962 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1.3 INSPECTION AND TESTING A. INSPECTION PLAN Sustainability Manager utilizes a multi-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: 1. Preparatory Inspection—Prior to commencing the work, the Contractor's Quality Control Representative will meet with Sustainability Manager's representative WSP/Engineer and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. U c, (h) Safety or environmental precautions to be observed. (Phase Hazard) c� Note: WSP/Engineer will record the minutes to this inspection meeting and distribute accordingly. 2. Initial Inspection—Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with Sustainability Manager's representative WSP/Engineer and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Conformance to contract drawings and specifications. (c) Construction methods, equipment and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. c� Note: WSP/Engineer will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections—The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 130 of 216 Packet Pg. 1963 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer Superintendent for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.4.13 of this plan.) Note: The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. 4. Completion Inspections—Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with the Sustainability Manager representative WSP/Engineer, if he so desires to attend, to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. c� 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: WSP/Engineer will record the minutes to this inspection meeting. 6. Pre-Final Inspection—Upon substantial completion of the project work WSP/Engineer shall coordinate and conduct a universal inspection of all areas and elements of the work. The Sustainability Manager may be represented if she so desires. This inspection shall be completed at least (15) days prior to the final substantial completion inspection which shall be conducted by WSP/Engineer. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. B. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The Sustainability Manager CONTRACTOR QUALITY CONTROL PLAN 00980-Page 131 of 216 Packet Pg. 1964 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL representative WSP/Engineer will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. C. FINAL INSPECTION WSP/Engineer will coordinate and attend all final inspections of the work. The Sustainability Manager may be represented if she so desires. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 for contract closeout. 1.4 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire Sustainability Manager team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. 0 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 L) Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Sustainability Manager. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 132 of 216 Packet Pg. 1965 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Work activities affected by a Nonconformance Report will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of Sustainability Manager. 1.5 AUDITS A. Sustainability Manager may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 1.6 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. c, c, c� 0 c� CONTRACTOR QUALITY CONTROL PLAN 00980-Page 133 of 216 Packet Pg. 1966 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 00990 - SPECIAL CONDITIONS 1. 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. 2. Contractor shall take all means necessary to contain dust and debris as an integral part of the work. 3. Weather intrusion and unauthorized access to the Project Site due to construction activities shall be prevented by the Contractor's careful scheduling of work, or other means satisfactory to the Owner. 4. Contractor shall coordinate construction activities as necessary to avoid security or safety concerns at the Project Site. 5. Information shown on the Drawings is assembled from numerous record information sources and may be inaccurate or incomplete. Contractor shall make such field visits or investigations as are necessary to prepare an accurate and complete bid. Claims for extra work or expense after bid closing which are due to reasonably foreseeable circumstances shall be denied and shall remain the sole risk and expense of the Contractor. Field measured dimensions shall be obtained by the Contractor prior to placing orders for fabrications or prefabricated materials. Adjustments, delays, re-fabrications, or replacement materials due to inaccurate U information are the sole responsibility of the Contractor. 6. SITE SURVEY A. The Plat of Survey or other survey data are available in the Office of the Sustainability Manager for review and are for the general information of the contractor. The data contained was prepared by WSP/Engineer for the design of the project, and neither the Owner nor WSP/Engineer, nor Sustainability Manager 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 WSP/Engineer, nor Sustainability Manager will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful proposer based upon the survey information provided. c� SPECIAL CONDITIONS 00990-Page 134 of 216 Packet Pg. 1967 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01010 - SUMMARY OF THE WORK 1 Project Overview The purpose of the project is to repair the breakwater and add the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled the boulders over the breakwater, which prior to the storm was providing a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the ocean during the extreme heat of the summer that now clogs the canals, causing severe water quality problems, respiratory and health issues and environmental disaster. Repairing the breakwater and adding the air curtain and seaweed prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress and other health problems. 2 General Project Intent and Scope 0 CL Provide all labor, supervision, engineering, materials, supplies, equipment, tools, W transportation, surveying, layout, and protection for the proper execution and completion U of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. SPECIAL PROVISIONS 0 The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Sustainability Manager prior to notice to proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 3.. If in the event of conflicting or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. SUMMARY OF THE WORK 01010-Page 135 of 216 Packet Pg. 1968 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 6. The Contractor shall not store materials, tools or debris in areas of the project site without written permission. Contractor shall provide suitable storage container and be responsible for disposal off-site of all debris and trash. 7. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited 8AM -6PM work hours. Contractor will need to schedule work shifts typically from 8AM- 6PM weekly. Any change to agreed upon schedule must be obtained in writing with a minimum of 72 hrs. advanced notice. 8. Coordination of each day's works shall be done in advance with approval from County. 1.2 PROTECTION: 0 A. The Contractor shall use every available precaution to provide for the safety of property owner, visitors to the site, and all connected with the work under the W Contract. U c� B. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. 4- 0- C. Barricades shall be erected to fence off all construction areas from operations personnel and the general public. Fence posts shall have bases that eliminate the need to penetrate the ground for support. D. Safety Requirements 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. Comply with federal, state and local and owner fire and safety requirements. c� 3. Advise owner whenever work is expected to be hazardous to owner employees and/or operations. 4. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 1.3 HOUSEKEEPING: SUMMARY OF THE WORK 01010-Page 136 of 216 Packet Pg. 1969 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1. Keep materials neat and orderly. 2. Remove scrap, waste and debris from project area daily. 3. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. n 4. Maintain Fire protection during construction 5. Housekeeping required on a daily basis U U c� 0 c� SUMMARY OF THE WORK 01010-Page 137 of 216 Packet Pg. 1970 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01015 - CONTRACTOR'S USE OF PREMISES PART 1 —GENERAL 1.1 DESCRIPTION A. Work included: This Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. Related work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Promptly upon award of the Contract, notify all pertinent personnel regarding requirements of this Section. Require all personnel who will enter upon the Owner's property certify their awareness of and familiarity with requirements of this Section. c, c, 1.3 SUBMITTALS Maintain an accurate record of names and identification of all persons entering upon Owner's property in connection with Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to Owner daily. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as "Contractor's Parking Area." 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. CONTRACTOR'S USE OF PREMISES 01015-Page 138 of 216 Packet Pg. 1971 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01027 -APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's Construction Schedule, Schedule of Values, and the initial Submittal Schedule have been received, reviewed and approved by Sustainability Manager. 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. U D. Monroe County makes every effort to meet the payment schedule. It is requested that the a contractor not make any calls to any County office inquiring about payment until the twentieth (201h) day after submission of the pay request. 0 4. MONTHLY PAY REQUEST PROCEDURE A. WSP/Engineer to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts are current. 5. FINAL PAY PROCEDURE A. To help expedite the final payment, it is necessary for WSP/Engineer to have a correct and complete package of documents 20 days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for Sustainability Manager to obtain necessary signatures and submit project for Final Payment. Contractor shall submit all required forms and releases to WSP/Engineer. The following documents (samples attached) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien APPLICATION FOR PAYMENT 01027-Page 139 of 216 Packet Pg. 1972 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Also, all warranties and guarantees required by Contract, "As-Built" drawings, including red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted prior to final payment in both bound paper and electronic PDF form on CD/DVD. C. It is the Contractor's responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by Monroe County Sustainability Manager. Final Pay Request must be submitted no later than 30 days after final project completion and acceptance. 6. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number and description. 0 U U c� 0 CL c� APPLICATION FOR PAYMENT 01027-Page 140 of 216 Packet Pg. 1973 (smedea ja4em3leeig s 'Ua n aO ) 0009 43JeW aO J04eM3je8Jq s 'Ua n :4U8Wg3 v N � m O U m O ,G ° �-60 ma 0c0 (D U a) (1) U N m 0 Q .-• N NN a)'O O G. va� � c C) o tea)) .0 O"- 0 a) m v 3 > . L N 0 -U o a m (u c O N _ O_ m a r OLn .(D O N O 0 3 o E O C N C O O N (�6 E o o LL 00 O 0f � c a m E V1 A a O >,� O O O V1— V1 : U m d a) mO C C o�� o Na °'E ms N z 0 U o �Yo ° o N OU - a . ca a( :a a) o C m o - U a� Q -0 N m U V01 U C Uin I- n a U c a s -C 0 °-U O m w15 cD W Z 42.E ° 0 o 0�0 N > N c a� cn�_. ' Q me m-a m o a N O - m Z d U m e 3 - m Lo U m o 0> m O o m o-CE �U H c >c) _ a� a � Q_ 0 O o ° m c ai °' m ° cY�r- o a� W �.-mv0 QEc E a� Z w mmE m > 0 m ULoc �O o o E W Q o.� ° UQ o aU D o� 3 3) � V Um'� c C: cmi ° `- m c°iYE ii N W 0).Ln o o o ° o ° — L xWm UoO o NN c -ano of wo c) So d a m. x rnmc m _ W 'a 0 m U m w m,o c m a) a E (0 z o �' °v rn c c z c m c a) o n a E U E N U U _ O N o i p f— z mE �m �' E > 02 (D aLoE N m > N Z O � C C m e E " z > m C 0 m > 3 O J W U W a a� H c m Q Q w CO 0 H.E U a m in Un z �_ Q O Z) O r' W 0x L NW�/ I..L /Q w w W w o Q Y a ry a m m w Q Y z 0 w Lo Z z LPL �w � 0 � o } o E Z Q U 0 m m E N ° m ° ° o c E O Q U m'o �i 0 o a� 00 `�° W E o_ m w � a E > p z cn a o o6 o m L >a H m J z o. Qi m mE c c aNi da�m acE a LENUL iiQg j Un oE E > orn mT m °LN 'c a c U w � OUQJ Q Q E m c .o c u a LL a ci a (0) OL z ci Q ci m rv, in o Q (smedea ja4em3leeig AOIUAOAel.!m ] ) 0009 43JeW !m d-AM l04em3je8J lMq e :4U8Wq3e44V LO � $ w\ IL a \\� IL L �_ 0 _ \o$° LL LU «°i- � _ z CL � O U ®/ 2 O ry 2 ge O 7-5 § < § o 0W0 + z 2 2 e2u� 3 / // E o ƒ um / � CN � © o O ƒ _ < ƒ )/g§ k ƒ_ LL 3\§\ @ w }§�§ / L z $ C) O / 3 w ry D- Q §} ) ® ® / < \ } \§ n c ° s@E ƒ ® / 30-�0 ry 3 2 /(— ® \ \ LL a« < 0- c w w ui LL \ 22 uui c 2 .@ £ f g b X Q / 2 ry ® \ ] § 2 a z j z UL) § 2 c = c « 22 ; = = w % « c = ; £ F— O 'aos � _ § TO b 2fM § z \ ƒ\ \ \ z z SI ± § � E 0 0 U 7� \ 0 U m � .( -55 ® k \ � 0m ` �Z C QO £ = O « TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNT D.2.a MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: INITIATION DATE: TO CONTRACTOR: CONTRACT DATE: The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Net change by previously authorized Change Orders...................................................$ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is......$ 0 The Contract Time will be (increased) (decreased) (unchanged) by.................................. The date of Substantial Completion as of the date of this Change Order is......................... W U U Detailed description of change order and justification: c� 4- 0 This change Order is % of the original contract price. Not valid until signed by Owner, Architect (if applicable), and Contractor ENGINEER: Date CONTRACTOR: Date c� SUSTAINABILITY PROGRAM MANAGER: Date COUNTY/DEPUTY ADMINISTRATOR Date APPLICATION FOR PAYMENT 01027-Page 143 of FPacket Pg. 1976 TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNT D.2.a Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If Yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: U U • Project engineer approves the change order. Yes ❑ No ❑ If no, explanation of why: 0 • 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: c� APPLICATION FOR PAYMENT 01027-Page 144 of FPacket Pg. 1977 TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNT D.2.a CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) e� DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: CL a� The Work performed under this Contract has been reviewed and found,to the Project Managers best knowledge, information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as 22 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: "- CL A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not U alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 0 ao c� INSPECTOR BY DATE (if used) 0 The Contractor will complete or correct the Work on the list of items attached hereto within the above date of CL CL Substantial Completion. U- CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time),on a� (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 145 of Packet Pg. 1978 TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNT D.2.a CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: CL (Name and address) State of: County of: The undersigned,pursuant to Article 9 of the General Conditions of the Contract for Construction,hereby certifies that,except as listed below,he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,for all work,labor,and y 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 4- CL EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). W U U SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: cis 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF 4- SURETY,may be used for this purpose. Indicate U- attachment: yes( ) no ( ) Address: The following supporting documents should be attached hereto: By: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from day of 120 Subcontractors and material and equipment suppliers,to the extent required by the Owner, accompanied by a list thereof. Notary Public: c� 3. Contractor's Affidavit or Release of Liens. My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 146 of FPaCket Pg. 1979 TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNT D.2.a CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATED: PROJECT: CL (Name and address) State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: c� SUPPORTING DOCUMENTS ATTACHED CONTRACTOR: HERETO: (Name and address) 4- CL 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. By: 2. Separate Releases or Waivers of Liens from (Signature of authorized representative) Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. (Printed Name and Title) Subscribed and sworn to before me this date: c� Notary Public: (SEAL) My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 147 of FPacket Pg. 1980 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of: U U c� thereon or in otherwise improving said property situated as above described. 0 IN WITNESS WHEREOF THIS day of 120 Witness Name of Company Witness Signature, Title Notary Public My commission expires: MONROE COUNTY APPLICATION FOR PAYMENT 01027-Page 148 of 216 Packet Pg. 1981 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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� 0 THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. c� WITNESS MY HAND THIS day of 20 Witness Name of Company Witness Signature, Title APPLICATION FOR PAYMENT 01027-Page 149 of 216 Packet Pg. 1982 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. c, c, 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. c� ALTERNATES 01030-Page 150 of 216 Packet Pg. 1983 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01040 - PROJECT COORDINATION PART I — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Contractor necessary for Project coordination including, but not necessarily limited to: 1. Coordination 2. Administrative and supervisory personnel 3. General installation provisions 0 4. Cleaning and protection B. Field engineering is included in Section 01050 "Field Engineering". c) c, 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". 0 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 zi construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. ' 3. Make adequate provisions to accommodate items scheduled for later installation. B. Where necessary, prepare memoranda for distribution to each party involved outlining special procedures required for coordination. Include items as required notices, reports, and attendance at meetings. PROJECT COORDINATION 01040-Page 151 of 216 Packet Pg. 1984 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1. Prepare similar memoranda for the Owner and separate Contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules 2. Installation and removal of temporary facilities 3. Delivery and processing of submittals 4. Progress meetings 5. Project Close-out activities D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. E 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 W U A. Coordination Drawings: Prepare and submit coordination Drawings where close U 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. 0 4- 0- 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 3 calendar days of Notice to Proceed, submit a list of the Contractor's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and at each temporary telephone. c� PART 2 — PRODUCTS (Not Applicable) PART 3— EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. PROJECT COORDINATION 01040-Page 152 of 216 Packet Pg. 1985 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to Engineer for final decision. Recheck measurements and dimensions, before starting each installation. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to Engineer for final decision. c, 3.1 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure 0 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: c� PROJECT COORDINATION 01040-Page 153 of 216 Packet Pg. 1986 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 0 15. Soiling, staining and corrosion 16. Bacteria t3 t3 17. Rodent and insect infestation 18. Combustion c� 19. Electrical current 20. High speed operation 0 21. Improper lubrication 22. Unusual wear or other misuse 23. Contract between incompatible materials 24. Destructive testing 25. Misalignment 26. Excessive weathering 27. Unprotected storage 28. Improper shipping or handling 29. Theft 30. Vandalism PROJECT COORDINATION 01040-Page 154 of 216 Packet Pg. 1987 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01050 - FIELD ENGINEERING PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Contractor for field-engineering services including, but not limited to, the following- 1. Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: U c, 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 c� 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. PART 2 - PRODUCTS (Not Applicable) FIELD ENGINEERING 01050-Page 155 of 216 Packet Pg. 1988 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line corner stakes. B. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. 2. Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. C. Establish and maintain a minimum of 2 permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. c) c, D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. 2. As construction proceeds, check every major element for line, level, and plumb. B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log available for reference. 1. Record deviations from required lines and levels and advise WSP/Engineer when deviations that exceed indicated or recognized tolerances are FIELD ENGINEERING 01050-Page 156 of 216 Packet Pg. 1989 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. 0 c, c, c� 0 c� FIELD ENGINEERING 01050-Page 157 of 216 Packet Pg. 1990 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Project meetings 2. WSP/ENGINEER'S RESPONSIBILITY A. WSP/Engineer shall schedule and administer pre-construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. U C. To Monroe County staff as needed. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 0 C. The Engineer and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. PRE-CONSTRUCTION MEETING A. Location: A central site designated by WSP/Engineer. B. Attendance: 1. Monroe County Sustainability Manager designee. 2. WSP/Engineer and his professional consultants (as required). 3. The Contractor's Superintendent. 4. Major subcontractors. 5. Major suppliers. 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. PROJECT MEETINGS 01200-Page 158 of 216 Packet Pg. 1991 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 0 4. PERIODIC PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting. L) B. Location of the meetings: A central site designated by WSP/Engineer, typically it will be at the project site. C. Attendance: 1. Monroe County Sustainability Manager designee 2. WSP/Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. D. Suggested Agenda: 1. Distribute meeting minutes. 2. Approval of the minutes. 3. Review of Work progress since previous meeting. 4. Field observations, problems, conflicts, Requests for Information (RFI). 5. Problems which impede Construction Schedule. 6. Review of off-site fabrication, delivery schedules. 7. Corrective measures and procedures to regain projected schedule. 8. Revisions to Construction Schedule. 9. Progress, schedule, during succeeding Work period. 10. Coordination of schedules. 11. Review submittal schedules. 12. Maintenance of quality standards. 13. Pending changes, substitutions and Change Order Requests (COR). 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. PROJECT MEETINGS 01200-Page 159 of 216 Packet Pg. 1992 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 15. Other business. E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. c, c, c� 2 c� PROJECT MEETINGS 01200-Page 160 of 216 Packet Pg. 1993 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01301 - SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Contractor shall submit to WSP/Engineer, shop drawings, product data, certifications and samples required by the technical sections. 2. The Contractor shall prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL SCHEDULE 0 A. The Contractor shall submit within five (5) days of Notice to Proceed, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to Sustainability Manager and WSP/Engineer for review, modification and response. No payment U applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information for all required submittals on both paper and electronic PDF. 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that Sustainability Manager and WSP/Engineer should be aware of. C. The Contractor shall allow a minimum of two (2) days for review of submittal by Sustainability Manager and WSP/Engineer (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS - Not applicable SUBMITTALS 01301-Page 161 of 216 Packet Pg. 1994 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to WSP/Engineer. Submit four (4) copies of product data to WSP/Engineer. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. The contractor shall submit seven (7) sets to WSP/Engineer. WSP/Engineer will check and return five (5) copies to the Contractor after review. 1.5 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical sections, at the Project Site in a location designated by WSP/Engineer. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to WSP/Engineer and (1) will be returned L) to the contractor after review/return from WSP/Engineer. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationery. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Contractor shall submit one (1) original, one (1) electronic and two (2) hardcopies to WSP/Engineer. WSP/Engineer will retain two (2) sets and the balance returned to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES c� A. Before making submittals to WSP/Engineer, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to WSP/Engineer for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to WSP/Engineer. 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. SUBMITTALS 01301-Page 162 of 216 Packet Pg. 1995 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to WSP/Engineer in writing of deviations in submittals from the requirements of the Contract Documents. E. After WSP/Engineer's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with WSP/Engineer's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by WSP/Engineer's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by WSP/Engineer review of submittals unless WSP/Engineer gives written acceptance of specific deviations. 0 1.8 WSP/ENGINEER'S RESPONSIBILITIES A. WSP/Engineer will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with L) information given in the Contract Documents. B. WSP/Engineer will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Record File copy and return the submittal to the Contractor, with copies to WSP/Engineer. C. WSP/Engineer will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. c� SUBMITTALS 01301-Page 163 of 216 Packet Pg. 1996 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01310 - PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor submission of Progress schedules 2. Contractor submission of Revisions to schedules B. Related sections: 1. Scope of work. C. Description: 1. Progress Schedules: promptly after award of the Contract and prior to proceeding with the site work, prepare and submit to Sustainability Manager and WSP/Engineer for approval, construction progress schedules for the work, with sub-schedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules, Contractor to submit format of schedule for approval by Sustainability Manager and WSP/Engineer. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. PROGRESS SCHEDULES 01310-Page 164 of 216 Packet Pg. 1997 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within five (5) days after receipt of the Contract Notice to Proceed. 1. Sustainability Manager and WSP/Engineer will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 0 1. Job site file. 2. Subcontractors. 3. Other concerned parties. c, c, B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. c� Note: It is not incumbent upon Sustainability Manager or WSP/Engineer to notify the Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, or in any way to superintend so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness. c� PROGRESS SCHEDULES 01310-Page 165 of 216 Packet Pg. 1998 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01370 - SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Contractor submission of a Schedule of Values. 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to Sustainability Manager within five (5) days after Notice to Proceed. 2. No item in the Schedule of Values shall exceed $25,000.00 without prior approval from Monroe County Sustainability Manager. 3. Upon request of Sustainability Manager, revise and/or support the values with data which will substantiate their correctness. 4. The Schedule of Values forms the basis for the Contractor's Applications for Payment. 5. The Schedule of Values shall be the basis for the amount of credit to be allowed by the Contractor to the Owner as per 5.6.1 of the Contract. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated printout will be considered by Sustainability Manager upon the Contractor's L) request. Identify schedule with: 1. Title of Project and location 2. Architect/Engineer 3. Name and Address of the Contractor 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. SCHEDULE OF VALUES 01370-Page 166 of 216 Packet Pg. 1999 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 2. for items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials delivered and unloaded, with taxes paid. b. The total installed value. C. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by Sustainability Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. 0 U U c� 0 c� SCHEDULE OF VALUES 01370-Page 167 of 216 Packet Pg. 2000 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01385 - DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, February 14, 2008, so you would therefore use "Thursday, 2/14/08." This holds true even if you did not complete filling out the Report L) 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. c� 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS ' A. Daily Reports are to be submitted to WSP/Engineer at the regularly scheduled Project Meetings. Contractors are to submit the original of their report and should keep a copy for their records. WSP/Engineer or Sustainability Manger photocopying facilities are not to be used in the reproduction for submission of the reports. DAILY CONSTRUCTION REPORTS 01385-Page 168 of 216 Packet Pg. 2001 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL B. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS 0 c, c, c� 0 4- 2 ITEMS TO SATISFY > INFORMATION OR ACTION REQUIRED c� ATTACHMENTS REPORT BY: DAILY CONSTRUCTION REPORTS 01385-Page 169 of 216 Packet Pg. 2002 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01395 - REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification to WSP/Engineer and Sustainability Manager in the event errors, field conflicts, and omissions are found in the Contract Documents or clarifications are necessary. 2. Utilization of(RFI) form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION A. All errors,field conflicts, and omissions in the Contract Documents shall be brought to the attention of WSP//Engineer and Sustainability Manager immediately. If clarifications are necessary, the request is to be conveyed to WSP/Engineer and Sustainability Manager. WSP/Engineer and Sustainability Manager 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. 0 B. The RFI is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions), when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The responses provided on the RFI form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of the Contract General Conditions. Should the Contractor consider the RFI response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF RFI FORM A. The RFI form to be utilized is included at the end of this section, if you wish to use a form of your own; it must contain the same information requested on our form. REQUEST FOR INFORMATION 01395-Page 170 of 216 Packet Pg. 2003 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CL CONTRACTOR ADDRESS PHONE FAX CELL TO ARCHITECT ADDRESS PHONE FAX CELL CL DESCRIPTION w u u c� 0 CL CONTRACTOR RECOMMENDATION COSTIMPACT ,E NAME DATE RESPONSE c� NAME DATE REQUEST FOR INFORMATION 01395-Page 171 of 216 Packet Pg. 2004 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01400 - QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect. 0 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. L) D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified inspections, tests, and related actions do not limit Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Contractor to provide quality control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Cutting and patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. ' 2. Division 1 Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. 1.3 RESPONSIBILITIES QUALITY CONTROL 01400-Page 172 of 216 Packet Pg. 2005 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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, the Contractor shall employ and pay a qualified independent testing agency to perform quality-control services. Costs for these services are included in the Contract Sum. a. Where the Owner has engaged a testing agency for testing and inspecting part of the Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. B. Re-testing: The Contractor is responsible for re-testing where results of inspections, tests, or other quality-control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. 1. The cost of re-testing construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. C. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect and the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. QUALITY CONTROL 01400-Page 173 of 216 Packet Pg. 2006 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1. The agency shall notify WSP/Engineer, the Sustainability Manager 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 of the Work. 3. The agency shall not perform any duties of the Contractor. 1.4 SUBMITTALS A. Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to WSP/Engineer and Sustainability Manager. 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. U c, b. Project title and number. C. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. 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. 1.5 QUALITY ASSURANCE A. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are pre-qualified as complying with the American Council of Independent Laboratories" Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to be performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the state where the Project is located. PART 2 - PRODUCTS (Not Applicable) QUALITY CONTROL 01400-Page 174 of 216 Packet Pg. 2007 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for Division 1 Section "Cutting and Patching". B. Protect construction exposed by or for quality-control service activities and protect repaired construction. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. 0 c, c, c� 0 c� QUALITY CONTROL 01400-Page 175 of 216 Packet Pg. 2008 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Section 01800 - SOIL BORING DATA 4. Individual Specification Sections: inspections and tests required, and standards for testing. c, c, 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 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 c� 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. D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES TESTING LABORATORY SERVICES 01410-Page 176 of 216 Packet Pg. 2009 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with WSP/Engineer 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. E. Promptly notify WSP/Engineer and the Contractor of observed irregularities or non- conformance of the Work or products. F. Perform additional inspections and tests required by the WSP/Engineer. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to WSP/Engineer and Contractor. B. Include: c, c, 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 WSP/Engineer, 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. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES TESTING LABORATORY SERVICES 01410-Page 177 of 216 Packet Pg. 2010 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer and the testing laboratory 24 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 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 Contractor. c, c, c� 0 c� TESTING LABORATORY SERVICES 01410-Page 178 of 216 Packet Pg. 2011 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. 0 C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by WSP/Engineer", "requested by WSP/Engineer", and similar phrases. c, D. Approve: The term "approved", where used in conjunction with WSP/Engineer's c) action on the Contractor's submittals, applications, and requests, is limited to WSP/Engineer's duties and responsibilities as stated in the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." G. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." H. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." I. Installer: An "Installer" is the Contractor, or an entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced", when used with the term "Installer", means having a minimum of five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 179 of 216 Packet Pg. 2012 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to c) c, 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. c� 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into Divisions and 4- 0- Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Contractor, or by others when so noted. a. The words "shall be" shall be included by inference wherever a colon (:) is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS REFERENCE STANDARDS AND DEFINITIONS 01421-Page 180 of 216 Packet Pg. 2013 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with two or more standards is specified, and the standards may establish different or conflicting requirements for minimum quantities or quality levels. Refer requirements that are different, but apparently equal, and uncertainties to Sustainability Manager 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 WSP/Engineer for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's W construction activity. Copies of applicable standards are not bound with the c) c, Contract Documents. 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publications source. 0 E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries. F. Abbreviations and Names;; Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. ' REFERENCE STANDARDS AND DEFINITIONS 01421-Page 181 of 216 Packet Pg. 2014 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers AAN American Association of Nurserymen (See AN LA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction c, c, AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee AMCA Air Movement and Control Association International, Inc. ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly: American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association c� ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers REFERENCE STANDARDS AND DEFINITIONS 01421-Page 182 of 216 Packet Pg. 2015 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 ElFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System 0 GA Gypsum Association GANA Glass Association of North America U c, (Formerly: Flat Glass Marketing Association) HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) 0 HPVA Hardwood Plywood and Veneer Association MFMA Maple Flooring Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NECA National Electrical Contractors Associations NEI National Elevator Industry NELMA Northeastern Lumber Manufacturers Association NEMA National Electrical Manufacturers Association c� NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association REFERENCE STANDARDS AND DEFINITIONS 01421-Page 183 of 216 Packet Pg. 2016 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America c, UL Underwriters Laboratories, Inc. c� WCLIB West Coast Lumber Inspection WIC Woodwork Institute of California WWPA Western Wood Products Association G. Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20220 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 184 of 216 Packet Pg. 2017 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01500 - TEMPORARY FACILITIES PART 1 — GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone. 2. Field office for the Contractor's personnel. 3. Sanitary facilities. 4. Enclosures such as tarpaulins, barricades, and canopies. 5. Temporary fencing of the construction site as required for public and employee safety. 6. Project sign. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. c) c) 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. 0 PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. The Contractor shall provide and maintain an office with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. TEMPORARY FACILITIES 01500-Page 185 of 216 Packet Pg. 2018 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 Sustainability Manager. A design provided by, or approved by Sustainability Manager 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 Engineer's name, address, and telephone number. PART 3— EXECUTION 0 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper L) completion of the Work. B. Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. 0 2 c� TEMPORARY FACILITIES 01500-Page 186 of 216 Packet Pg. 2019 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01520 - CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and c) c, 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 WSP/Engineer or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent construction, provided WSP/Engineer has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 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 CONSTRUCTION AIDS 01520-Page 187 of 216 Packet Pg. 2020 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. c, c, c� 0 c� CONSTRUCTION AIDS 01520-Page 188 of 216 Packet Pg. 2021 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. c, c, c� c� END SECTION 01550 ACCESS ROADS AND PARKING AREAS 01550-Page 189 of 216 Packet Pg. 2022 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01560 - TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONTRACTOR A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL TEMPORARY CONTROLS 01560-Page 190 of 216 Packet Pg. 2023 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. c� c� c� END SECTION 01560 c� TEMPORARY CONTROLS 01560-Page 191 of 216 Packet Pg. 2024 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01590 - FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office if required by Sustainability Manager and WSP/Engineer for his use, the use of his employees, and the use WSP/Engineer during the construction period. The location of the Field Office shall be determined by Sustainability Manager and WSP/Engineer. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with Sustainability Manager and WSP/Engineer. The type, size and location of field offices and sheds are subject to approval by Sustainability Manager and WSP/Engineer. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. 4- E. The Contractor shall relocate his field office and sheds as directed by Sustainability Manager, at no additional cost to the Owner. c, U F. The Contractor shall remove his field office and sheds on completion of the Work or when directed by Sustainability Manager and WSP/Engineer. The Contractor shall remove all debris and rubbish and shall leave the area in a clean and orderly condition. 0 END SECTION 01590 c� FIELD OFFICES AND SHEDS 01590-Page 192 of 216 Packet Pg. 2025 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. 0 PART 2 - PRODUCTS 2.1 MATERIALS c, c, A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. ' B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off site at a state permitted disposal site. CONSTRUCTION CLEANING 01595-Page 193 of 216 Packet Pg. 2026 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by WSP/Engineer. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by WSP/Engineer. Contractor shall use properly licensed solid waste hauling vendors, licensed to operate in Monroe County. END SECTION 01595 0 c, c, c� 0 c� CONSTRUCTION CLEANING 01595-Page 194 of 216 Packet Pg. 2027 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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. 0 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 L) 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. MATERIAL AND EQUIPMENT 01600-Page 195 of 216 Packet Pg. 2028 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. END SECTION 01600 0 c, c, c� 0 c� MATERIAL AND EQUIPMENT 01600-Page 196 of 216 Packet Pg. 2029 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01630 - POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-proposal substitutions 1.2 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. B. After the end of the proposal period, substitution requests, from the successful Proposer, will be considered only in the case of: 1. Product unavailability. 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Proposer. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgment of WSP/Engineer the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. POST CONTRACT SUBSTITUTIONS 01630-Page 197 of 216 Packet Pg. 2030 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL E. Do not order or install substitute products without written acceptance of WSP/Engineer. F. WSP/Engineer will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Sustainability Manager's costs for redesign or revision of Contract L) Documents. 1.4 POST-PROPOSAL SUBSTITUTION FORM A. The form is attached to this section. 0 B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. c� POST CONTRACT SUBSTITUTIONS 01630-Page 198 of 216 Packet Pg. 2031 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL POST-PROPOSAL SUBSTITUTION FORM TO: WSP/Engineer We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO: DRAWING NAME: SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: L) Signature Title 0 Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect/Engineer: For use by the Owner/Prof. Mgmt.: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved c� Insufficient data received Approved as noted By: By: Date: Date: POST CONTRACT SUBSTITUTIONS 01630-Page 199 of 216 Packet Pg. 2032 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? 0 E. Manufacturer's warranties of the proposed and specified items are: U Same Different. Explain: c� 0 F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). I. Designation of maintenance services and sources: c� (Attach additional sheets if required.) END SECTION 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 200 of 216 Packet Pg. 2033 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01640 - PRODUCT HANDLING PART I--GENERAL 1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division of these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE 0 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 L) A. Except as otherwise approved by Sustainability Manager, determine and comply with manufacturers' recommendations on product handling, storage, and protection. 0 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. WSP/Engineer may reject as non-complying such material and products that do not bear identification satisfactory to WSP/Engineer as to manufacturer, grade, quality, and other pertinent information. c� 1.5 PROTECTION ' A. Protect finished surfaces through which equipment and materials are handled. B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. PRODUCT HANDLING 01640-Page 201 of 216 Packet Pg. 2034 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 WSP/Engineer and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by WSP/Engineer and Sustainability Manager to justify an extension in Contract Time of Completion. END SECTION 01640 0 c, c, c� 0 c� PRODUCT HANDLING 01640-Page 202 of 216 Packet Pg. 2035 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01700 - CONTRACT CLOSEOUT PART 1 — GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.2 NOTICE OF SUBSTANTIAL COMPLETION A. Contractor shall submit to WSP/Engineer when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. Request Substantial Completion Observation at a mutually agreeable date. 3. Certifications of systems and testing/balancing final reports. 4. Submit evidence of compliance with requirements of governing authorities: U c, 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. WSP/Engineer will prepare a Certificate of Substantial Completion accompanied by the Punch List of items to be completed or corrected, as verified and amended by Sustainability Manager. 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. CONTRACT CLOSEOUT 01700-Page 203 of 216 Packet Pg. 2036 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL E. Contractor shall complete, or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Contractor will make an inspection to verify the status of completion with reasonable promptness after receipt of such U certification. D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD or flash drive of the all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. CONTRACT CLOSEOUT 01700-Page 204 of 216 Packet Pg. 2037 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances C. Deductions for uncorrected Work d. Deductions for Liquidated Damages e. Deductions for Re-inspection Payments f. Other Adjustments U C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. END SECTION 01700 c� CONTRACT CLOSEOUT 01700-Page 205 of 216 Packet Pg. 2038 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01710 - FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor's cleaning at completion of Work 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS 0 A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. c, c, B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. c� C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Polish glossy surfaces to a clear shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 206 of 216 Packet Pg. 2039 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. F. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. G. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. H. Remove from the Site all items installed or used for temporary purposes during construction. I. Restore all adjoining areas to their original or specified condition. END SECTION 01710 0 c, c, c� 0 c� FINAL CLEANING 01710-Page 207 of 216 Packet Pg. 2040 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL SECTION 01720 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Contractor shall: 1.Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual C. Coordination drawings d. Addenda e. Reviewed shop drawings f. Change Orders g. Other modifications to the Contract h. Field test records 1.2 GENERAL 0 A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. U C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by WSP/Engineer. 0 E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from Sustainability Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of black-line prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: OPERATION AND MAINTENANCE DATA 01730-Page 208 of 216 Packet Pg. 2041 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. c, c, F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown 0 4- 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. WSP/Engineer may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except when specifically issued by WSP/Engineer in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to WSP/Engineer prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Project number OPERATION AND MAINTENANCE DATA 01730-Page 209 of 216 Packet Pg. 2042 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. END SECTION 01720 c, c, c� c� OPERATION AND MAINTENANCE DATA 01730-Page 210 of 216 Packet Pg. 2043 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 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 manufacturer's 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. B. Related Sections: Not Applicable 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. c) c) 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 manufacturers 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 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. WARRANTIES 01740-Page 211 of 218 Packet Pg. 2044 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL 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 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 required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to Sustainability Program Manager prior to the date certified for Substantial Completion. If the Sustainability Program Manager's Certificate of Substantial 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 Sustainability Program Manager. c, c, B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor or 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. 0 C. Form of Submittal: At Final Completion compile 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. 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" (11 5-by-280-m m) paper. 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. 4. Provide one complete electronic copy on CD/DVD 5. Warranties will be submitted with the final project closure package WARRANTIES 01740-Page 212 of 218 Packet Pg. 2045 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL END SECTION 01740 c, CL c, c� c� WARRANTIES 01740-Page 213 of 218 Packet Pg. 2046 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Exhibit A Design Drawings n n 0 0 n E Packet Pg. 2047 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Exhibit B Engineering and Environmental Report n n 0 0 n E Packet Pg. 2048 D.2.a TAVERNIER BREAKWATER REPAIR &WATER QUALITY IMPROVEMENT, MONROE COUNTY, FL Exhibit C DEO Agreement No.: IR045 CDBG-MIT n n 0 0 n E Packet Pg. 2049 n U o z p a J m ¢w O Q z am ❑❑ w o pF VI 1c LL U-� 00 a II �z�wa�ww m c� _ Fcnww x z z Qzou'F Q z U�gj WD O ¢ U W m O Z W Z m U Ei W ❑ O a N W W W = Oa U ¢>w I m Q o� tii�zcczZm� zJ zry,a O ow LL, pW❑cZoFn—Zpm—Q ZwW`�U0 OUN OaW OaW¢��m Om�xW¢ W w cnN CWF[ z`� wOLLWW ❑z Kz FgWF(n WYyu,vmz waZ. pZ¢zzw F❑< w wFOr o U Oz ¢ O wuFz�i �ommJWaYJQ�i 0W N❑ LL O p¢ ¢OSiwfwww❑ pw0 Q m ¢ w x U Z F W 0xN ¢ Q ❑—mm ¢ ¢ O 25 m7 W 0 W O wU w "poW U w Q Q W Q>3p W Q ¢ awCJ W C7 Z z �¢ x U O-0 ❑❑ow Zz wac�pww O ZWQ W w O N ❑ F= > O_F > Q xr O 0 mOx¢ Q Q Q O O p x x ZO O ¢J. 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U Wood Environment and Infrastructure Solutions, Inc. 16250 N.W. 59t" Avenue; Suite 206, Miami Lakes, Florida 33014 Project Number 600769.1 March 2022 Revised September 2022 x c� Packet Pg. 2063 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL II ' °°,III ' Introduction ............................................................................................................ 1 ExistingConditions ................................................................................................ 1 Methodology .......................................................................................................... 1 Ecological Survey Results ..................................................................................... 2 Ecological Community Structure............................................................................ 3 Threatened and Endangered Species Evaluation .................................................. 3 Ecological Evaluation Summary............................................................................. 4 Engineering Introduction ........................................................................................ 4 Design Procedure Checklist................................................................................... 6 Water Quality Monitoring Plan ............................................................................... 7 References........................................................................................................... 10 Q CN 0 LIST OF FIGURES Figure 1. Site Location Map Figure 2. Ecological Survey Results Map Figure 3. Land Use Map 6 0 c Figure 4. Historical Aerial Map (1951) Figure 5. Historical Aerial Map (1964) LIST OF TABLES Table 1 List of Threatened and Endangered Species Table 2 Coral Inventory by abundance and size class Table 3 Coral Inventory Summary APPENDICES Appendix A Photo Log Appendix B FNAI Biodiversity Matrix and IPaC Reports Appendix C Design Calculations X c� ii Packet Pg. 2064 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL Introduction The Florida Department of Economic Opportunity (DEO) Rebuild Florida Infrastructure Repair Program was implemented to fund infrastructure restoration and improvement projects in communities impacted by Hurricane Irma. The breakwater repair is an important and vital step in the County's goal to repair structures damaged by the storm and to improve the overall quality of our nearshore waters and will have a beneficial impact on the canal's property values. The Tavernier breakwater is located in the Tavernier Ocean Shores neighborhood of Key Largo in > Monroe County, Florida (Figure 1 — aerial map). Project coordinates are latitude 250 0'50.59"N and longitude 80030'34.89"W. The proposed repair of the Tavernier breakwater involves the removal of the breakwater damaged due to Hurricane Irma and replace with rock riprap to protect from storm surge and prevent damage to their homes received during storm and hurricane events. W The goal of the proposed improvements is to repair 1,500 linear feet of damage to the manmade N coastal breakwater structure that was previously provided protection from storm surge and N controlled the inflow of noxious floating seaweed into waterways. Proposed construction methodologies will include the implementation of best management 0 practices (BMP)s such as turbidity booms, silt fencing, and monitoring by trained field personnel to ensure that all protected marine life is safeguarded during construction activities. 0 CL Existing Conditions The Tavernier breakwater is a riprap breakwater that is located within Tavernier on the Atlantic 0 side of Key Largo and runs between Orange Blossom and Stinger Roads. The navigational channel cuts in a southeastern direction outside the canal mouth. The waters beyond the navigational U channel are shallow in depth (Figure 1 — aerial map). The residential properties along the canal that runs parallel to the breakwaters have various types of seawalls. The benthic survey along the inside of the breakwater identified small amounts of lesser starlet coral (Siderastrea radians) ranging in size from two to six inches. Grunts (Haemulidae), mangrove snappers (Lutjanus griseus), Caribbean spiny lobsters (Panulirus argus), southern stingrays (Hypanus americanus), and upside-down jellyfish (Cassiopea xamachana). The survey outside of the breakwater identified patches of turtle grass (Thalassia testudium) and shoal grass (Halodule wrightii), as well as a juvenile nurse shark (Ginglymostoma cirratum). In the middle of the breakwater is a small section of red mangroves (Rhizophora mangle). Methodology The following methodology is consistent with previous ecological assessments for canal restoration projects. Benthic Survey As part of the permitting process, Wood scientists performed benthic surveys within and immediately adjacent to the proposed project area. During the January 2022 site visit, the existing rip rap was snorkeled by Wood scientists and the surrounding project area was surveyed. In March 2022, the locations for the additions of the weed barrier and air curtain were kayaked and a GoPro was used to obtain video of the areas. More specifically the survey confirmed the absence of threatened or endangered species of coral growth along thebreakwater and weed gate locations, as well as the area immediately adjacent that may be impacted by the repairs. The benthic surveys 1 Packet Pg. 2065 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. sought to identify sensitive aquatic resources (i.e. seagrasses, stony corals, hydrocorals, black corals, sea fans, and sponges) which could either be directly or indirectly impacted by the implementation of the proposed repair technology. The benthic survey followed the protocols detailed in each of the following National Oceanic and Atmospheric Association (NOAA) guidance documents for benthic surveys: Protocol for sampling Halophila johnsonii (2011) and Protocol for Benthic Surveys of Coral Resources in FKNMS (2011). Mangrove Assessment The filling of jurisdictional wetlands is not proposed as part of this restoration project; however, potential wetland resources in the assessment area were identified and delineated in accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual 0 and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plains Region (version 2.0) (2010). Field resources included the FDEP manual on s wetland delineation (January 2008 edition). The FDEP's method for determining a wetland N boundary is as follows: N "The landward extent of wetlands shall be determined by the dominance of plant species, soils and other hydrologic evidence indicative of regular and periodic inundation or saturation. In all cases, U attempts shall be made to locate the landward extent of wetlands visually by on-site inspection, or aerial photo interpretation in combination with ground truthing, without quantitative sampling." The 0 above-referenced FDEP methodology utilized to identify and delineate wetlands includes all jurisdictional wetlands otherwise identified and described by the USACE 1987 Wetlands Delineation Manual and the regional supplement (2010). ra 0 c Ecological Survey Results Benthic Survey Results On January 27, 2022, Wood scientists performed a benthic survey of the proposed project area at Tavernier Breakwaters. The surveyed area included the riprap breakwater as well as the inshore canal bottom and offshore shallows immediately adjacent to the project area. There were no listed benthic resources along Tavernier breakwater. The survey along the inside of the breakwater identified small scattered lesser starlet coral (Siderastrea radians) ranging in size from two to six inches. Grunts (Haemulidae), mangrove snappers (Lutjanus griseus), Caribbean spiny lobsters (Panulirus argus), southern stingrays (Hypanus americanus), and upside-down jellyfish (Cassiopea xamachana) were also seen. The survey outside of the breakwater identified patches of turtle grass (Thalassia testudium) and shoal grass (Halodule wrightii), as well as a juvenile nurse shark (Ginglymostoma cirratum). The seagrass was observed a minimum of four feet, and an average of more than 10 feet, from the base of the breakwater. On August 12, 2022, a second benthic survey was conducted extending the survey into the areas proposed for the air curtain and weed barrier at both the northern and southern ends of the breakwater within the canal. The areas overall were covered in mats of algae (Photo 7). The southern end was deep within the navigational canal and did not contain resources of concern (Photo 8). The northern end of the breakwater was shallow and while covered in algal mats algal mats (Photo 7), did also have macroalgae (Caulerpa sp., Penacillus sp. and Halimeda sp.) (Photo 9) and patches seagrass present (T. testudinum) (Photo 10). c� Based on Wood's evaluation of the breakwater for benthic resources, repair to Tavernier 2 Packet Pg. 2066 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. breakwater is not likely to adversely affect sensitive benthic resources or protected marine life. The corals currently growing on the riprap are likely to be impacted by the proposed repairs. These may recover once construction is complete. The weed gates will float above the substrate in the canal and are unlikely to adversely affect the area. The weed gates may also improve water quality allowing the seagrass at the northern end of the breakwater to grow without being inhibited by algal mats. Mangrove Survey Results On January 27, 2022, Wood scientists assessed the project area for the presence of mangroves and mangrove propagules. There was only one small section of red mangroves in the middle of Tavernier Breakwaters. (Figure 2—ecological survey results map) 0 Ecological Community Structure W CN CN The corresponding Florida Land Use Cover Classification System (FLUCCS) codes as modified N by the South Florida Water Management District in 2016 for the project area include (Figure 3 — land use map): 5710 Atlantic Ocean, 5120 Channelized Waterways, Canals, 1210 Medium 0 Density, Fixed Single Family Units, and 6120 Mangrove Swamps. Land use classification adjacent U to the project area include 1320 High Density, Mobile Home Units, 1500 Industrial, and 8140 Roads and Highways. The post restoration land uses within the project area will remain the same. 0 Threatened and Endangered Species Evaluation 2 Wood evaluated the potential for the proposed project to impact federal and state listed threatened 0 and endangered (T&E) species. If the assessment area fell within reported critical habitat, consultation area, or was documented or likely to occur in the project area, then it was assumed that there is a possibility that a specific species could potentially occur within the assessment area. The aforementioned methodology assumes that the habitat requirements of the specific species remain intact and a viable option. Second, the scientists looked for signs of protected species during the January 27, 2022 site visit. Field notes included information on conditions of the existing habitat so that it could be evaluated in relation to habitat requirements of the protected species identified for the assessment area during the desktop study. W A comparison of the existing habitat features versus the habitat requirements of the evaluated species was only performed if the species was listed by either the state and/or federal government. The potential list of rare or T & E species was obtained through a review of the Florida Natural Areas Index(FNAI) Biodiversity Matrix, Information for Planning and Consultation (IPaC) Resource List, and the FKNMS to be present in the regional waters surrounding the Tavernier breakwater. The additional T & E species included in the evaluation are the West Indian manatee, smalltooth sawfish, and various species of sea turtles. T & E Evaluation Results A summary of the list evaluated by Wood is provided as Table 1. The corresponding FNAI and IPaC reports for the Tavernier breakwater are presented in Appendix B. The reason for limiting the evaluation to the species that have either been documented, documented-historic, or likely to occur by FNAI was based on the location of the residential canals in relationship to the ocean and surrounding neighborhoods. The adjacent residential community has an extremely limited capacity to support terrestrial based T& E species. 3 Packet Pg. 2067 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. The existing conditions at the Tavernier breakwater do not currently support many of the species listed by FNAI. The breakwater is located within the Critical Habitat for the American crocodile (Crocodylus acutus). Crocodiles were not observed during the January 2022 site visit. According to corresponding NOAA's critical habitat map, the project area falls outside the critical habitat for the smalltooth sawfish. Manatees are however commonly observed moving in and out of residential canals throughout the Florida Keys. In order to protect potential T & E species at the project site, construction workers will be provided educational materials including the US Fish and Wildlife Service's Standard Protections for the Eastern Indigo Snake, FWC Conditions for In-water work for the West Indian Manatee and NOAA Fisheries' Sea Turtle and Smalltooth Sawfish Conditions for In-water work. Additionally, protection of T & E species will be addressed through the 0 positioning of "watchers" who can confirm that the project's installation has no impact on the protected species. W N c� Based on the proposed location of the equipment and deployment of watchers, it is not anticipated N that the proposed project will have adverse impacts on protected species. 0 Ecological Evaluation Summary Ecological surveys of the proposed project area performed by Wood included surveying the project 0 area benthos for sensitive aquatic resources where possible and the shoreline for mangrove resources. The ecological surveys indicated that seagrasses, sponges, or listed corals will be harmed by the implementation of this project. The corals currently growing on the riprap will be 2 impacted; however, they are likely to regrow once construction is complete. The weed gates will 0 float within the canal so to not impact any corals. The seagrass present may be temporarily impacted; however improved water quality at the northern end of the breakwater may ultimately improve conditions for seagrass propagation. With the adherence to the above referenced protective measures, the proposed project will also have no adverse impacts on T & E species. The results of the project will not only provide a healthy environment for canal residents but will also result in the improvement of canal water quality as well as a more hospitable environment for sensitive aquatic organisms to propagate. Engineering Introduction Purpose The purpose of the project is to repair the breakwater and add the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled the boulders over the breakwater, which prior to the storm was providing a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the ocean during the extreme heat of the summer that now clogs their canals, causing severe water quality problems, respiratory and health issues and environmental disaster. Repairing the breakwater and adding the air curtain and seaweed prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress 4 Packet Pg. 2068 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. and other health problems. CL The primary resources utilized for planning the design of the breakwater repair include the USACE 1995 Engineering and Design Manual: Design of Coastal Revetments, Seawalls, and Bulkheads (1995) and the CIRIA C683 2007 Rock Manual: The Use of Rock in Hydraulic Engineering (2na edition) (2007). Existing Conditions Based on historical aerials, the breakwater was constructed between 1951 and 1964, Figures 4 and 5. 0 Wood performed a field inspection of the site to identify current conditions of the breakwater structure located in Tavernier and perpendicular to Dubonnet, Orange Blossom, and Stinger W Roads. A photolog illustrating the field data findings is shown in Appendix B. Field data analysis N revealed the following site conditions: Q Access c c� The navigational channel to reach the Tavernier breakwater structure cuts in a southeastern direction outside the canal mouth. The waters beyond the navigational channel are shallow in depth (Figure 1 — aerial map). The houses along the canal that runs parallel to the breakwaters have various types of seawalls. 2 0 Datum c 0 U Predicted tide levels published annually by the National Oceanic and Atmospheric Administration (NOAA) were used for this project's design purposes. All data values used are relative to the Mean Lower Low Water(MLLW) Datum for Station#8723747, Tavernier Hawk Channel. Changes in water level are caused by astronomical tides with an additional possible component due to meteorological factors (wind setup and pressure effects). Winds & Currents The published wind, currents and wave data was gathered from the Coastal Data Information Program (CDIP), an extensive network for monitoring waves and beaches along the coastlines of the United States. The values were taken from Station 244 in Satan Shoal, Florida. Bathymetric Data Wood completed a topographic and bathymetric survey in November 2021. Coordinates and Elevations are relative to the North American Datum of 1983, 2011 Adjustment, projected in the Florida State Plane Coordinate System, Florida East Zone 901, US survey feet, and the North American Vertical Datum of 1988 (NAVD 88) based on Global Positioning System (GPS) measurements to the National Geodetic Survey (NGS) Control monuments. Hydrographic data for the survey was gathered using an Odom Echotrac CV100DF Dual Frequency survey grade echosounder. The horizontal and vertical positions of the echosounder were measured using a Trimble R8S and R6 dual frequency survey grade receivers operating in RTK mode. Hydrographic data collection and post processing was done with Trimble Hydro pro 5 Packet Pg. 2069 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. software. All bathymetric data is relative to NAVD88. Design Procedure Checklist The breakwater repair design will follow the checklist outlined by the USACE in the Engineering and Design Manual EM 1110-2-1614: a. Determine the water level range for the site. b. Determine the wave heights. c. Select suitable armor alternatives to resists the design wave. d. Select armor unit size. e. Determine potential runup to set the crest elevation. 0 f. Determine amount of overtopping expected for low structures. g. Design underdrainage features W h. Consider end conditions to avoid failure due to flanking. N i. Design toe protection. cLN j. Design filter and underlayers. These calculations are illustrated in Appendix C. 0 Design Water Levels The maximum water level is needed to estimate the maximum breaking wave height at the structure, the amount of runup to be expected, and the required crest elevation of the structure. �? c Sea level rise projections were applied to the maximum water levels using the Southeast Florida 0 Regional Climate Compact, 2019 NOAA 2017 Int High for year 2060. Design Wave Estimation Wave heights and periods were chosen to produce the most critical combination of forces on the structure with due consideration of the economic life, structural integrity, and hazard for events that may exceed the design conditions. Wave characteristics were based on an analysis of wave gauge records, visual observations of wave action, published wave hindcasts, wave forecasts, and the maximum breaking wave at the site. Wave analyses were performed for extreme high and low design water levels to determine the critical design conditions. Wave Height and Period Variability and Significant Waves A given wave train contains individual waves of varying height and period. The significant wave height, Hs, is defined as the average height of the highest one-third of all the waves in a wave train. Other wave heights such as H10 and H1 were also designated, where H10 is the average of the highest 10 percent of all waves, and H1 is the average of the highest 1 percent of all waves. Wave period for spectral wave conditions is typically given as period of the peak energy density of the spectrum, Tp. Wave Forces Wave forces were determined for cases of nonbreaking, breaking, or broken waves. These 6 Packet Pg. 2070 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. cases are dependent on the wave height and depth at the structure. The value for water depth at the breakwater structure, ds, was taken from NOAA's Mean Lower Low Water (MLLW) Datum for Station #8723747, Tavernier Hawk Channel. Breaking waves on vertical structures exert high, short-duration impulses that act in the region where the wave hits the structure. Wave heights were checked against the maximum breaking wave that can be supported at the site given the available depth at the design still-water level and the nearshore bottom slope. The maximum breaker height, Hb, was calculated as a function of the depth at the structure, ds, nearshore bottom slope, m, and wave period, Tp. Design wave heights, therefore, are the smaller of the maximum breaker height or hindcast wave height. The nearshore bottom slope value was determined based on survey data. The energy-based height of the zeroth moment, Hmo, may be limited by breaking wave conditions. Wave Runup W N Runup is the vertical height above the still-water level (swl) to which the uprush from a wave will N rise on a structure. Maximum runup by irregular waves, Rmax, was found using a calculated surf parameter. The surf parameter is useful in defining the type of breaking wave conditions expected on the structure. 0 Armor Unit Stability 0 CL 0 Armor unit stability, W, is measured as the unit weight of required individual armor in pounds. ra This value along with W50, the value for graded riprap, were calculated for design purposes of breaking wave conditions. The thickness of the armor layer was determined using the armor unit 0 stability values. Toe Protection Toe protection is supplemental armoring of the beach or bottom surface in front of a structure which prevents waves from scouring and undercutting it. Factors that affect the severity of toe scour include wave breaking (when near the toe), wave runup and backwash, wave reflection, and grain-size distribution of the beach or bottom materials. The breakwater toe requires special consideration because it is subjected to both hydraulic forces and the changing profiles of the area fronting the breakwater. Toe stability is essential because failure of the toe will generally lead to failure throughout the entire structure. Scour can be caused by waves, wave-induced currents, or tidal currents. Waves and wave-induced currents are most important when considering the design of a riprap breakwater. Filters A filter is a transitional layer of gravel, small stone, or fabric placed between the underlying soil and the structure. The filter prevents the migration of the fine soil particles through voids in the structure, distributes the weight of the armor units to provide more uniform settlement, and permits relief of hydrostatic pressures within the soils. For areas above the waterline, filters also prevent surface water from causing erosion (gullies) beneath the riprap. Filters and underlayers were considered depending on the design parameters for the breakwater. c� Water Quality Monitoring Plan Packet Pg. 2071 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. Overview CL The water surrounding the breakwater structure where the repair will occur are designated Outstanding Florida Waters (OFW). According to FDEP, an OFW is "water designated worthy of special protection because of its natural attributes." Because of this, a strict water quality monitoring plan will be implemented to ensure the natural attributes of the Florida Keys waters are not impaired. Water quality monitoring will be performed to verify compliance with water quality standards during repair operations. All monitoring will be conducted under the supervision of trained personnel, and in accordance with all applicable FDEP Standard Operating Procedures (SOPs). Monitored parameters include turbidity, specifically addressed by FDEP- SOP-001/01: FT 1600. Monitoring of the proposed areas will include an initial conditions check followed by numeric monitoring once every 24 hours during operations. In addition to the numeric 0 monitoring, trained staff will visually monitor surficial waters continuously while repairs are in operation. Monitoring plan details are provided below. W N N Mobilization Field mobilization will include the following components: 0 • Establishment of monitoring workspace at the site; • Establishment of safe access to the water quality monitoring locations; and • Daily inspection of the construction site for potential sources of water quality violations. Calibration and Use of Equipment 0 c Equipment will be used in accordance with FDEP SOPs. A grab sample will be collected and measured in a turbidity meter to determine water turbidity at each sampling location. The turbidity meter can be taken in the field; and therefore, turbidity samples will be analyzed immediately after collection of the grab sample. Equipment requiring calibrations will, at a minimum, be calibrated before use and following final use on a daily basis. Calibration documentation will be recorded in the field logs. At the discretion of the field team leader, calibration checks may also be conducted during the day. Instrument performance issues will be noted in the daily log and immediately . addressed for evaluation and correction. Sampling Locations Daily sampling will be conducted at specified locations during the construction activities. The trained professional will collect one sample from each side of the turbidity curtains installed. Contingency Measures Should a water quality standard for turbidity be exceeded within the adjacent water body, the contractor will be immediately notified. The contractor and the water quality monitoring crew will then attempt to locate and/or identify the source of the violation. Immediate action will be taken to correct the problem. If they are unable to locate and correct the problem, operations will halt while the problem is addressed, and SFWMD will be notified. If a violation occurs, water quality monitoring will be increased to an agreed upon schedule, with no additional activity in the non- compliant area, until two consecutive samples comply with regulations. When this condition is documented and the problem corrected, the contractor will recommence activities. SFWMD will be notified of the corrective action(s) implemented and recommencement of construction activities. 8 Packet Pg. 2072 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. Control measures CL Sediment Control Sediment control measures will be conducted as required to retain all sediments on the site. All silt fences and turbidity barriers will be placed as access is obtained during clearing. No grading shall be done until silt fence and turbidity barriers are installed. The contractor will protect any existing wetland vegetation in the vicinity of work to be performed from damage or siltation, whether or not specifically identified in the plans. 0 Erosion Control Erosion control measures will be inspected at least daily, after each rain and repaired by the N general contractor. Clean out sediment control structures will be performed by the contractor when N sediment has accumulated to one-third of the height of the individual structure sediment basins and retrofitted detention ponds, on-half full for silt fence, turbidity barriers, check dams, rock filter dams, and inlet sediment traps. Erosion control measures described shall be maintained until permanent drainage facilities have been reconstructed and grass on planted slopes is sufficiently established to be an effective erosion deterrent. All temporary erosion control measures will be removed upon establishment of permanent vegetation or project completion. 76 2 0 c 0 U c� 9 Packet Pg. 2073 D.2.c Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. References Florida International University(2016) Canal Subcommittee Meeting: Update. Presentation September 2016 Florida International University (2012) The Grass is Always Greener: Seagrass Ecology in South Florida. Presentation Accessed May 6, 2014 http://seagrass.fiu.edu/resources/Florida%20Keys%2OCultural%2OCenter%20Feb%201 7%202012.pdf Florida Department of Environmental Protection (FDEP). 2008. Delineation of the Landward Extent of Wetlands and Surface Waters (FDEP, Chapter 62.340, F.A.C) 0 Florida Fish and Wildlife Conservation Commission (FWC). 2011. Recommended Protocols for W Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting N Applications(Draft)http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf N Florida Natural Areas Inventory (FNAI), 2020. Biodiversity matrix report generated for Canal 84 project area. Website accessed January 2021: U https://www.fnai.org/BiodiversityMatrix/index.html 0 National Oceanic Atmospheric Association. 2011. Protocol for Benthic Surveys of Coral0. Resources in FKNMS April 29, 2011 (Seawalls &Shoreline Structures (rip rap, bulkheads, boat ramps, bridges) ra 0 c National Oceanic Atmospheric Association. 2011. Protocol for Benthic Surveys of Coral Resources in FKNMS April 29, 2011 (Docks and in-water structures (single family& mulit- slip projects, marinas, dredging) National Oceanic Atmospheric Association. S http://sero.nmfs.noaa.gov/pr/docs/JSG%20Survey%2OGuidelines.pdf Paul Humann. 2003. Reef Coral Identification (Florida, Caribbean, Bahamas) Enlarged 2nd Edition U.S. Army Corps of Engineers (USACE). 1995. Design of Coastal Revetments, Seawalls, and Bulkheads. https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_11 10-2-1614.pdf CIRIA, CUR, CETMEF (2007). The Rock Manual. The use of rock in hydraulic engineering (2nd edition). C683, CIRIA, London Coastal Data Information Program (CDIP). Monitoring and Prediction of Waves and Shoreline Change. http://cdip.ucsd.edu/ c� 10 Packet Pg. 2074 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL 0 CL CN cN CD cN 0 U Figures CL n n n E 11 Packet Pg. 2075 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. 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Q 1 L 0 0 0 V U U O Q (D Q Q 7 O Q O �- _ O � N O H v v .� 'y V-- V i 'a N Q EO o oo Q 0 w Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL 0 CL CN cN cN 0 U Appendix A 0 CL Photos 0 0 n n n E 22 Packet Pg. 2086 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 202 wood. 2 9� Jy7 rlaCL t r it 1 rc . n�k 1/ 4- CL LL CN CN C l'jr N » 0 U Photo 1.Southwestern end of the Tavernier Breakwater near the canal entrance. 0 2 2 0 U L35 Photo 2. Southern half of the Tavernier Breakwater. M x c� 23 Packet Pg. 2087 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. .... U) 2= CL m � ........... ,r of rir'i 0 CL i �� �1l Ili JNllrr✓yri/�/l i r� �iv�i6�, r r�%�� U- CN N ( /� CN 0 U Photo 3. Holes seen in the Tavernier Breakwater. 0 CL �l Yr 2 ld r `r _ U n J W �u w Photo 4. A section of red mangroves is found at the center of the Tavernier Breakwater. M x c� 24 Packet Pg. 2088 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. 0 I ��fr I r'f r cv cN cN 0 1 w U Photo 5. Northern half of the Tavernier Breakwater. 0 CL c� 0 W LSY % as l a� Photo 6. Northeastern end of the Tavernier Breakwater. Note this area is very shallow. x c� 25 Packet Pg. 2089 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL y f/ Or' 0 r rai //p w, ri�G /rr i, i ii /��i/, i lei CCN N CN IN NMI"' 0 l �� ; /� Photo 7. Algal mats covering macroalgae on the northern end of the breakwater76 2 0 f n%rr 2 U �9 i a.+ Photo 8. Algal mats at southern end of breakwater withing the navigational canal. °0 x c� 26 Packet Pg. 2090 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL 0 CL CN CN Q uiriou u I I I � CN Photo 9. Macroalgae at the northern end of the breakwater. 76 r f� J9 0 �I( I II III I IIII a°°jii Vi� U II iw. i Photo 10. Thalassia testudium coated in algae at the northern end of the breakwater. x c� 27 Packet Pg. 2091 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. CL 0 CL C14 c14 cN Appendix B FNAI BIODIVERSITY MATRIX and IPaC REPORT CL 0 0 n n n E 28 Packet Pg. 2092 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. V CL �, ar Riodiversily Matrix Query Resulls �iHwlw � �i ^ir � it a:ptt^I���II��I f��"��11�N,�'���e��,r^.�I��,arrr�llwafglr 4I N��,(r,224 N2�1��or ds I �` � w�Hwa ,artl .ia M,l.t1.w l+ llul'ill iaw1 r71.r11o"eu).rnrr r)u°I CIO�w>loo' oid N)"'cl k QPOrl� s- NOM The HindiverMy MairNx includes only raru,r'pecies and,nittvral a,rarurraunitles irar*ed by FNMN I. > 4— CL Descriptions DOCUMENTED-'I N rre iy,��daaurre-e med ncne irrence 41 ehp CN i /� rM'!Jrl ir�litl,?rd..:Lf;rwr'I plain 5rma.w: @i Y'P9 rrtArx'rh�°Bul'fflM�!YUIIUU""'VVNI Nx'pu.F &i�4 Y'NN@� N N All y� 00CUMENTL -r� TGb GS VMttrrlr I d u;#,roe°u ntro�11 d2 occur ruinc or thuu FNAI to r ab anur Of th QCLk^4 air C01 MrRUWLY � w rVp htl A Matrix unuh however thr,,.,e rr Irrr ncu Fac anal been 0 ratas.wa'Ve,.�/regku^altar!'WlitMriu„r rlra I}st tuver'bty ypa-- � k 7Ma btlo 1I,n 4'ocd'I4RI"rr7 doll ww4,J,Nr+5tl a r~idirrfa urvdr 0 tau all e lrar!�4,waro"I�n7¢t'�w�r'allrH�rl�^ut, xw Ih�� Y u��lmttY�a�V�tw�q� d2 MiN g',r'; IVWH-tart. WA,Mllo w'Wia; Otl1Dw IIta69tlr t Veltl.;p li d^N u emm"Ggh by dr' COLC w"itar.0 ith use Lh,us Lh e supudti ,car G� comrnur>d qr is actual iv I^urate d;r or 2 ni rr�tw� Q D�zo, � hided¢ a t 4iirl hr I� ouCehlrelh wdltalae rtdat sr�rurw r frcemmn ty 2 0 W i%. POTENTIAL,-Th M,,it raa mot lire,Will.^lahl I+ir'r k1K) I W � predicLee ranqu e,q Ui ,pu,wirc s ur aura im urily based can expert � lartewwledgy'arwd r,y r rmrt patwal v4riubles such as ril�matm, L35 ,ymIs,twrin-u}rarphvT am'l Iaarorsdyrdr � Matrix Unit 7D. 64975 0 Documented Element Found 0 Docuirnented-Histofic Llemersts fLburldl � Ukdy Flerrients Iouun SciefitAft,and Common Names Global State fedaral Staba ass Rank Rank Statrus LWOng � rrr r" a uratl C7. $2 11 FI Ameor:arvs- a"terrragubirr5 y Ruckand harurwaue 4 G2, S2 N Nti a F"Aa-raya eorrrarwaw r 3G4 S;Y,S2' N �HarV+rsorre Numer Sm.arrab dedt a� X 4i c� 29 Packet Pg. 2093 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. Matrix Unit IDI: 649,76 CL 9 Documented Elements Found ScienI aind Common I Global State, Fedef-al State Rank Rank Status Usting Dkulataa idu,aJl]�Iia G4 52 A F Milkbark Gossypium htrSUWM G4GF�r SS N T Wild Cattwn ljcquiaru keyormis Joewoodl G4 S3 N T MVIA'Ard JdiMkJU G4 S3 N T Wild Dflly Rcckh,vid harrmitv k G2 52 N IN > Spyhqenila mahagoni C33GA S3 N We'v".lrldie� Mahug"irly Vw nav J'adjara (AG5 N E 4- F]C;rldRj T Pal in 0 CL Fr.S S3 IN 7 (54 N E Np0dd BOIFTY C14 C14 0 D*curnented-HiAoric Elements Found 0 U wok Elemerl:,5 Found 0 Sclantifir and Cornmon Names, Global State, FedtFial Stalte Rank Rank Status Listing 0 L=I, h G2 S2 CT FT CL Arrmiricari Crocodile C10 G2 S2 N IN Spoftaii I Goby LuL",ULU UUUUM G2 S1 N E Ligrrum-wkaL 0 Rldehi 6mrasa G3G4 SIS2 N IN 6 HandsomL Flower Scarab Beetle U W Matrix III Wv 64975,64976 48 Potential Elemerits Crmnirnor"i to An of the 2 Matrix I s6entific and Common itilarnCS Global state Fedefral state Rank Rank Status Listing Ard"hero&as orr.J&intahs a ('55T2 SsT IN IN GI) $1W C IF W awd Rookcr¢, GS SNO, IN N Amugh Strong.tiark G2? St IN IF G3 S3 7 F7 Loggerhea,d Sea Tuftle dt G1 S1 CT' IE Garber's Spurge, 4a'nr"'r ataaa2u' G2 S2 IN E Rjftur's Bru,ad-hmved Spurge C61,UiI Q,VaL (53 S253 LIE IM Green Sea 7urfle > choo(vapo"n"ao do"O."Mwo G2G3 S2? IN IN Crunu,IJU2 Hcrm �!WL2L,d Md C2'MLSUL. G2=1 S1 IN E Cubdirt Sindike-bairlk G3 S3 IN T Cho Berry x W E 30 Packet Pg. 2094 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. U a -%Wyll cy. G3 S3 LT IFir CL lnd go Snake 2 C.5 S4 IN FISC LAtle Blue Heron Lumagi.9 0�11 G4 S2 IN :SSC F4edJdiIFh,Egret: Lard-!d'wr are ."a'ar' G5 S4 IN SISC M Tricolared Ilaran 2! Elrtrjd6l cdrvlif)ensis var,anquSU(b#jr G472 S2 IN IN Narrowdeaved CajrolNna Scalystern L=La=fir iF "d err tit, dl G3 S1 LE FE Hawlkshdl Sea Turtle Fvo4r,a,tAffa G574TS st IN IN > Florida Purplewirg I gZDcklaind PaInLeddeaf G2 52 IN 0 UaU'uod,wlrdw(a= CL G5 S2 IN I CL Prince6vaud 111- For trurla ste'l,a(pafd j'��neftv�wn'l G472 S2 IN N Florida Ftnawood I C14 G2Q S2 IN IN C14 Pineland Mflkl:kca CD rtwerq.,phorae C14 G3 S3 IN N Mwigirove Garnbusia L,IL&IzLini 2i2CIII G2 S1 IN E 0 UK'�IPLJIII-Vikdl U G2 S 2 IN F 0 P,uL*ly Aprolt I k2ji0ah-wa alacrnwma,vm kv S� IN E. It F161ridd Qy(`lndqjo 0 C. (52 2 52 IN E SrruiWs I Llama, mffudf G151"I 51 LIE F. Key U1090 Woodralt U L'2p G1 51 IT J;, 5) rlorwa SK'nm1plI Clach'is 0 Y IFT U -6 G Stock Island Tree 55ria Z"T1 $11 0, ll W G 5 !a3ti,4 IN �,,inthpvpphis_qL mgtus p9 p. I _ (5512 2 IN SSC kedi Pui,,t Snake, Lower Keys�opula,bon LSq !LDP jiff)grisrode muw .onc egaus $3, IX F date Dais 'a^awaVlrawa'tll................. $3 IN ST Pligeon Kre,,,y Larga(,:0 on Mouse F 1-+ W PhyParithus pentaphyflus var. flnridan,us $2 IN N Ia'lor FIVP-IpAtalgid iu eaf-flower $ S$C G,5,J,1 $1 IN Flarldli IWy5 Role Skink RaHus Ronq;rastrrs arisularum GSU S3 IN N Mangrove Qipper ka] Riwufus,rnj,rmoratus C4G5 S3 SC.� :SSC MR ngrr'Ve lavuli)5 Rfjystarwa dafa G2,G.l S2 IN E > Florida Royal Palm soth'sia pfjaytephjfd G2 S2 IN SahannaSach,sIzi Su uphagd d;scWur P'JPU&VWJ GST3 S3 IN N Florida Pralir",a Warbler "OffmA JIM, W'rdfru G4 S3 IN ST Z X W E 31 Packet Pg. 2095 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 wood. beast Tenn CL Swo.""h9w)ffla&lpo(o CIS G3G4 S3 N T West Indies Mahogany ld�dr.as GIG2 SIS2 N S7 FOrn Ruck Crown-d Snake G2 S2 LE FE West Indian Mainako rf,fromy'ridows punctaturn"sp,fibrky'Orvurri G4G'571 map E E Florida 1`1 Jimy Fenn the data maintained by the Flnn4k�Nalwal Areas 1nve-ntf)ry represe,,nt the 5,ingle rnom carnplehensive- of mfnrniat1CdII M awadkwbht 00 111o,10(�ihi)IS Or raii ,106rles an'd ophe-f" Su't;JfUrwaili:eecdol"Jwal rt4burri S WSke'Akle- HdwPweL([MI,ddUi are no aiwayg basLd an romprulhensive a,sate-spacific field surveys.TherePora,this info7irratron should not be ragardcd i3y,a final staLarnert on thp bbalagjcal rem,irca5 of tha rute V*ng rorrOdered, ror should it 1ne sub,stituted fol'r or_ it gJrVey'.;.FNe� h 0 ,�E shill)In lot a held Faflble 4- from th,p, ajvd ci'VrIPIPLeIIe'",'.s 0 data,rod, fjp jon�; 41rawn ft�,ra PINAJ j�;ni t anvr�'i'xng CL oil Mere&I'U.InvvirAt'ry data&r(i di+kpr'Od fiv,1.1h,o Of cun'servation plarininq kind rK2SL,,Ur(.:h dild dr'V,m1,,A. U- Irderided for use as Mr.,1primary CIAIPFid fOIF rK'ZgUIDIQ'T-y dCLI.SkFIS. W CN CN Q Unofficial Report CN These I e""'WITS arlk 4Jnoff"K71�I'INM Offers 110'ata Rec, opV'on for nek�dmng U:i"rtifid9ile daiJ. 0 0 0 CL 0 6 U W W x W E 32 Packet Pg. 2096 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 Woodo 1:L CA qW2H2 Eivurd 2022'E a)7b,2 M 2! Off icial Species List Ffii�s �Jsl is prmhIed Tarr;uant to SeCODn 7 rA the Species Act,aml fulfills the E r,o,:!qWw'j1aun1 fim Fedvidl uf Me Snyovy of Mv vAuthel; my S"d. WAJch is Wd fAR proposed l�o Ix hstcA may be preseril in ffi,e .umear of a,p,rr.q'mhs(,,d a0an". CL LL Fhi;species Itst k p'rovi&l A 1�1y: W South Florida I]cological Services Field(011ce CN CN 110 2wh %Mei� Q VvEo Beacb, 11L�332960-3559 CN (772)502-3MM) Project Surrumary 0 Consuhatkm(�:odc: flvvll% C(:1,11e: Son:ie(jtl�j4EI','2'f)O(�),-2102:2-1�.,.-O(�',1,762) 0 CL Ilmjeci�Nanie: Taverniev Breidkwater 11:1-f-Aleci:Type: S]'RITAM/WA11111BOW I CANALS I LEVEES DIKES loqen W716my MVAWMU mmmmon of tpcl a he in iml f)F: 2 n w Mhq 0 W 0 .............................................................. W M U�runties�: E x W E .a 1J M 33 Packet Pg. 2097 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 Woodo Endangered Species Act Species 'nue 4 as malof-29 direatened, al.cancliclate spclJes cIn tffis spvcies h5l. I:L da Specacs o!n,lh�,s Ust should be mnsklAxed in an ell-ecis analysis for YI-Jur prcjject zind,Could i;nCluq1'V specks 11int rxkI in ammWT geowmAk arra Ru pumfle, rvi-tabi Nsh may appear an the speries hsl:beciluse as proic"Ct colliqlaffect down'stleam specivs. I-FIA" ck?es flell disp�ay fi'sled 'specie's em crftue al! 11,.IhHatna ungfer dac (it N()AA 17A Mir i1rsl, ns USFWS dues nwn have die audn)rhy lo,slx!ak on I-xiiiiA of'NOAA dn,.d the GO as 1),eprin men I o 1, C(.ni,,i nierce. are the "CritkA habitilts"Section [WIDW kir low cNical habitats than He%vhW!y or paRaLly E 0 wdhjn your piqtxt arm under Mis Pleiisf co'nitimt the designated FWS > H YOU 111VU IlIICSORMS. 0 1. N()A a]so,known,as thd Nai CIL Aix del Me Nahmal 0cmno aad Amios[ihvrac Ad, �ninistwtEon within the (d U- Commeme. 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E x W E 34 Packet Pg. 2098 Tavernier Breakwater Ecological Evaluation Report Wood Project Number 600769.1 August 2022 Woodo BOO NAM TPUM, l'lc hman"s Wkil-Wr(=wood),Wrrnivcor Y buiJi,mu)iJi L�:llqki'l'lge"red M)criticid habiuif Jun bimn rksignaim 11M this sfxxilms. Wcwd Stcvkk ycwrju umericami, Thumemi Al"11 6A MS'NC,SC M No c NOY.al habit,a fi.Ls beEUI dVSig9kRW11(UK Lhh,N[W(JP Species pri:)ffle::limaj.4 ajw. wri Apc 1%7" Rep Ale s NAME 5 NM,'�, A inedca i�i A I irlci Arl ijgaft)'p_MNS USI(Jlpie r2sis simundyy 01'. 0 I. Nq)critif"al lklbiuw hals 111ml ilvsaPMK ed,film this speckis. Aplx�amncv CL U_ s A inerk'aii 0-rx(xi i�le ( rxxijdyfus uclifus Mmmed CN Pojy,u1iflim:U S.A.(IFLp CN CN Thw n AW adi.A hail vai far odkis qmmxs. Yfmy lcx�A hurn awykilis 1hu u-nucal halik at. 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L forf il—d fi—g Mow ofor oar�a:e Hb 6.a ft 00000ft H1u 1.21a ft n� —,--plh 1.21a ft x.torero �m r e ..a��.✓ d.A n..coo e:xnare :e�o�wo� q ertue fabric c t re: Packet Pg. 2102 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 State of Florida Department of Economic Opportunity Federally Funded CL Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement n 2 THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity, (hereinafter referred to as "DEO') and Monroe County (hereinafter referred to as the "Subrecipient"),each individually a"Party"and collectively"the Parties". 12 CL THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: LL WHEREAS,pursuant to Public Law(P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act,2019 (approved June 6,2019),Division B, Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the "Continuing Appropriations Act,2018"; and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for M Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 202 1);(hereinafter collectively referred to as the "Federal Register Guidance'), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD') has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the a� Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. LO WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award,the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this , Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of U the subaward described herein. Z x WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury, damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters; (2) address the current and future risks as identified in DSO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 58 Packet Pg. 2103 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 NOW THEREFORE,DEO and the Subrecipient agree to the following: (1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B,Project Budget, and Attachment C,Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and M appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and absolute discretion. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DSO's grant agreement with HUD,has reviewed applicable CDBG-MIT regulations and guidelines,will conduct, and will ensure its activities are in compliance with DSO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations as now in effect and as may be amended from time to time,including but not limited to,the Federal laws and regulations set forth in 24 CFR Part 570,applicable Federal Register Notices,the State's Action Plan, CL and all applicable CDBG-MIT regulations and guidelines. ., Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I,et seq.,and all other applicable federal laws,regulations,and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement(the"Effective Date') and ends forty-eight (48) months after execution by DEO,unless otherwise terminated as set forth herein. 2 (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DSO's Director of the LO Division of Community Development approves such extension in writing (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DSO's sole determination and absolute discretion, , that any such acceptance or rejection is in the State's best interest. U (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. (b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as Page 2 of 58 Packet Pg. 2104 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance CL audits in accordance with Paragraph (7),Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six(6)years from the date DEO issues the final closeout of this Agreement,unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period,in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. CL 2. Records for the disposition of non-expendable personal property valued at $1,000 or more ., at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. M (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. DEO may,in its sole discretion, disallow costs made with commingled funds and require reimbursement LO for such costs as described herein,Subparagraph (22)(e),Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Z (7) AUDIT REQUIREMENTS X (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to auditn,deo.mvflorida.com, and DEO's grant manager; a blank version of which is attached hereto as Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, Page 3 of 58 Packet Pg. 2105 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 CT R 200.512,when such provisions CL are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information.Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DEO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. CL LL (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO,HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations,and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1)reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this LO Federal award provided to Subrecipient from DEO as required by 2 CFR§200.521. (d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure I future compliance or provide training and technical assistance as needed to correct noncompliance. DEO *� may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. X (10)DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). Page 4 of 58 Packet Pg. 2106 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2),F.S.,pursuant to Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with CL or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient 2 CL LL (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default'),DEO may,in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity,without limitation: (a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with M DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)calendar days from the date written notice is sent by DEO; M LO (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete,or insufficient information or fails to submit additional information as requested by DEO; (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. U (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes,fires, floods, or other similar 4i cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the E Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days Page 5 of 58 Packet Pg. 2107 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that a delay could occur as a result or(2)within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will CL notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines,in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State,in which case, DEO y may do any or all of the following: 1 accept allocated performance or deliveries from Subrecipient, � 5 5 g� ( ) P P P > provided that Subrecipient grants preferential treatment to DEO with respect to products or � services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient CL LL for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. c� X (13) REMEDIES If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or remedy available,provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; LO (d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs Q under this Agreement or any applicable law,rule or regulation governing the use of the funds; and (e) Exercise any corrective or remedial actions,including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is I not corrected;and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. (f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. Page 6 of 58 Packet Pg. 2108 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 (14) DISPUTE RESOLUTION DEC) shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEC)within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,F.S.,is an absolute CL condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,F.S. (15) CITIZEN COMPLAINTS The goal of DEC)is to provide an opportunity to resolve complaints in a timely manner,usually within fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. CL Applicants are allowed to appeal program decisions related to one of the following activities: LL (a) A program eligibility determination, (b) A program assistance award calculation, or (c) A program decision concerning housing unit damage and the resulting program outcome. x Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at CDBG-MIT&deo.myflorida.com or submit by postal mail to the following address: Attention:Office of Long-Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 400 Tallahassee, Florida 32399 LO The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary, (b) Resolution,and (c) Follow-up actions. w If the complainant is not satisfied by Sub recipient's determination,then the complainant may file a written U appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals _ process, the complainant has not been satisfied with the response, a formal complaint may then be 2 x addressed directly to DEO at: Department of Economic Opportunity E Caldwell Building,MSC-400 107 E Madison Street Tallahassee, FL 32399 Page 7 of 58 Packet Pg. 2109 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair HousingLaw(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/feiirhousing. (16) TERMINATION CL (a) DEC) may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEC). Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion with respect to DSO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover CL any cancellation charges or unreimbursed costs. (b)DEC)may unilaterally terminate this Agreement,in whole or in part,for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEC), setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be terminated. However,if in the case of partial termination, DEC) determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEC) may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed upon by the Parties,which must include the effective date of the termination. (d) In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under LO the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEC) shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEC) from Subrecipient is determined. (e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable U attributable to the use of CDBG-MIT funds. ( Any real property under Subrecipient's control that was acquired or improved in whole or in part X with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) w in excess of$25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEC) an amount equal to the < current market value of the property less any portion of the value attributable to expenditures of non- CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. Page 8 of 58 Packet Pg. 2110 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said CL notification attached to the original of this Agreement. (b) The name and address of DEO's Grant Manager for this Agreement is: Taylor Doolin 107 E Madison St Tallahassee, FL 32399 850-717-8541 Taylor.do olin @deo.myflorida.com (c) The name and address of the Local Government Project Contact for this Agreement is: CL "L Rhonda Haag 102050 Overseas Highway Key Largo,FL 33037 U 305-453-8754 X Haag-Rhonda(a monroecounty-fl.gov (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. 2 (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be LO forwarded to the DEC) grant manager for prior written approval. For each contract, the Subrecipient shall report to DEC) as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR§200.318 - §200.327and §200.330 when procuring property and services under this Agreement (refer to Attachments D &E). w The Subrecipient shall include the following terms and conditions in any contract pertaining to the work I required under this Agreement: _ (a) the period of performance or date of completion; (b) the performance requirements; X (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations; (e) that the contractor shall hold DEC) and Subrecipient harmless against all claims of whatever nature � arising out of the contractor's performance of work under this Agreement; ( the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; (g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non-Federal Entity Contract Under Federal Awards— (refer to Attachment L) Page 9 of 58 Packet Pg. 2111 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its CL contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions, terms,conditions,or obligations other than those contained in this Agreement;and this Agreement supersedes all previous understandings.No waiver by DEO may be effective unless made is writing by an authorized DEO official. (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments CL arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A—Project Description and Deliverables Attachment B —Project Budget (Example) Attachment C—Activity Work Plan (Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports v0 Attachment H—Warranties and Representations Attachment I—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources Attachment J—Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this O agreement) Q Attachment L—2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement (21) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed Two Million One Hundred Ninety Four Thousand Five Hundred Ninetry Nine Dollars and Zero Cents ($2,194,599.00),subject to the availability U of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216,F.S. or the Florida Constitution. 4i (b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA') through DSO's financial management information system. Each NFA may contain specific E terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA,Subrecipient agrees to comply with all terms, conditions, assurances,restrictions or other instructions listed in the NFA. (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for Page 10 of 58 Packet Pg. 2112 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 which Subrecipient receives funding from DEO.These written administrative procedures,processes and fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D,Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with � the Scope of Work. CL (e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF'� on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. (f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. _ (g) If the necessary funds are not available to fund this Agreement as a result of action by the United � States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23),Mandated Conditions of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within CL thirty (30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes,rules, or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. � Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. 5121 et seq., (the "Stafford Act"). (k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. LO (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. U (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions X of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. (e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. Page 11 of 58 Packet Pg. 2113 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 (f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: CL Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee, Florida 32399-6508 (23) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later y submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. CL LL (b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement maybe executed 'many number of counterparts,anyone of which maybe taken as an original. ( Subrecipient shall comply with all applicable local,state and federal laws,including the Americans With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida Statutes;Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seq.) LO and laws which prohibit discrimination by public and private entities on in employment, public accommodations,transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose I f it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform Page 12 of 58 Packet Pg. 2114 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. CL (j) In the event travel is pre-approved by DEC), any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to DEO or be applied against DSO's obligation to pay the Agreement award amount. a0 (1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119,F.S. (m) Subrecipient shall comply with section 519 of P.L. 101-144,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety(90) days of execution of this Agreement,and enforcing,the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. _Ile � M (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. (24) LOBBYING PROHIBITION (a) No funds or other resources received from DEC) under this Agreement may be used directly or LO indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies,by its signature to this Agreement,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any general loan, the entering into of any cooperative agreement, and the extension, U continuation,renewal,amendment or modification of any federal contract,grant,loan or cooperative agreement; Z 2. If any funds other than federal appropriated funds have been paid or will be paid to any w person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and Page 13 of 58 Packet Pg. 2115 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. CL (25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its 12 name. Any patent rights accruing under or in connection with the performance of this Agreement are CL LL reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. Ile (26) LEGAL AUTHORIZATION (a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the LO terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. (b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge, there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. U (27) PUBLIC RECORD RESPONSIBILITIES X (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRRequestn,deo.mvflorida.com within one (1) business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DSO's custodian of public records, provide DEO 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 by Chapter 119,F.S., Page 14 of 58 Packet Pg. 2116 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in CL Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in M conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subrecipient-contractor',the Subrecipient-contractor shall transfer to DEO,at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall CL destroy any duplicate public records that are exempt or confidential and exempt from public records LL disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided to DEO,upon request from DSO's custodian of public records,in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request,DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. > Subreci lent shall notify DEO verbally within twenty-four 24 hours and in writing within LO (� P ST ST nT- ( ) g LO seventy-two (72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed Q or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO,in taking all steps as DEO deems advisable,to prevent misuse,regain possession or otherwise protect the State's rights and the data subject's privacy. W (g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to I public records and that reports,invoices and other documents Subrecipient submits to DEO under this U Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DSO's efforts to comply with the requirements of Chapter 119,F.S. X (h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure 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 this Agreement term and following completion of this Agreement if the Subrecipient- Page 15 of 58 Packet Pg. 2117 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 contractor does not transfer the records to DEC) upon completion, including termination, of this Agreement. (i) IF SUB RECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB RECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRReduest&deo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. To the extent allowable b law, Subreci lent shall be full liable for the actions of its agents, �) ST P ST employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless the State and DEC), and their officers, agents and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests orCL public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, LL employees,partners, contractors or subcontractors,provided,however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEC). DEC),in its sole discretion,has the right,but not the obligation,to enforce this indemnification provision. (k) DEC) does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior cu written approval from DEC),including,but not limited to,mentioning this Agreement in a press release or other promotional material, identifying DEC) or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEC) or the State in any material published,either in print or electronically,to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. y (1) Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEC)may terminate this Agreement if the Subrecipient does not comply with this provision. (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095,F.S.,requires the following: U 1. Every public employer, contractor, and subcontractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees.A public employer, contractor,or subcontractor may not enter into a contract unless each party to the contract registers .. with and uses the E-Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by a person,verify such person's employment eligibility.A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. Page 16 of 58 Packet Pg. 2118 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 (b) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: https://www.e-verif,V.L,ov/ .� C, (c) If the Recipient does not use E-Verify, the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR§ 570.500(a) or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200,24 CFR part 570.489,570.500,570.504 and the terms of this Agreement. 12 (b) Program income generated after closeout shall be returned to DEO. Program income generated CL LL prior to closeout shall be returned to DEO unless the program income is used to fund additional units of ., CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. c� (30)NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet M the following national objectives and satisfy the following criteria: (a) Benefit low and moderate income; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. LO (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subreci lent is at all times actin and performing as an independent 0 5 g P g P g P � contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have 4i any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of the other. c� (b) Subrecipient,its officers,agents,employees, subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. Page 17 of 58 Packet Pg. 2119 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 (c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor CL will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, hone service, secretarial or clerical office supplies, telephone support) to the Subrecipient or its subcontractor or assignee. ( DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, CL subcontractors and other agents,receive benefits and necessary insurance (health,workers'compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. (h) DEO shall not be responsible the provision of any training to Subrecipient,its employees,assigns, agents,representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement;DEO may provide training in the form of an Implementation Workshop in keeping with implementation Remainder of this page is intentionally left blank — y cu LO cu U X c� Page 18 of 58 Packet Pg. 2120 DocuSign Envelope ID: F489A3EC-E363-4313-BF1 2-3941 EAFD3E8F DocuSign Envelope ID:F489A3EC-E363-4313-BF12-3941EAFD3E8F DEO Agreement No.: IR045 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page CL IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersiped offici2l.s. M MONROECOUNTY DEPARTMENT OF ECONOMIC D...GFRORTUNITY By By S' e Signature Mffor David Rice Dane -vie CL u- Title Chair Title -- Secre!!ff 3/4/2022 Date <41AW4�'%'q Date X 59-6000749 T4 0738767570000 V Approved as to form and legal sufficiency,subject ATTV, evin Madok, Clerk only to full and proper execution by the Parties. S? a OFFICE OF GENERAL COUNSEL > By: DEPARTMENT OF ECONOMIC OPPORTUNITY LO 1 41 - AcuSigned by: s Deputy Clerk By:L .............................................—— ------------- a 2/28/2022 Approved Date: 0 w U X w Approved as to form and legal sufficiency: Monroe County Attorney's Office E 1.gw 1-31-2022 Page 19 of 58 Packet Pg. 2121 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 Attachment A— Project Description and Deliverables 1. PROJECT DESCRIPTION: In April 2018,the U.S.Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to CL support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register,Vol. 84,No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $63,485,000. This award has been granted under the General Infrastructure Program.Projects eligible for funding under this program must be from units of general local government (UGLG) include towns, cities, counties and villages. Eligible Activities include projects that demonstrably increase community resilience. The following types of infrastructure projects are encouraged: 1. Restoration of critical infrastructure 2. Renourishment of protective costal dune systems and state beaches 3. Building or fortifying buildings that are essential to the health, safety and welfare of a community 4. Rehabilitation or construction of stormwater management systems 5. Improvements to drainage facilities 6. Reconstruction of lift stations and sewage treatment plants 7. Road repair and improvement and bridge strengthening LO Monroe County, Tavernier project, was awarded $2,194,599.00 of CDBG-MIT funds due to storm damage to the breakwater structure which can no longer prevent flooding and sea level rise to working class citizen homes. This would also assist in maintaining better water quality and prevent environmental disasters. 2. SUBRECIPIENT RESPONSIBILITIES: U A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval within forty-five(45) days. The staffing plan must include the following: 1) Organizational Chart; and 2) Job descriptions for Subrecipient's employees, contracted staff, vendors and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Page 20 of 58 Packet Pg. 2122 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1) Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2) Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3) Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. CL 4) Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted,the frequency of monitoring policy,and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email ' hotlinenhudLig�. 5) Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG-MIT grant funds when available. CL D. Upload required documents into a system of record provided by DEC). LL E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. � F. Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the subrecipient agreement, Infrastructure Program Guidelines,Action Plans,Action Plan amendments, and Federal, State and local laws. H. Provide copies of all proposed procurement documents to DEO ten (10) business days prior to posting as detailed in Attachment H of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements,Subrecipient will be required to postpone procurement and submit revised documents for review and approval. LO I. Provide the following documentation to DEO within ten (10) calendar days after the end of each month: 1) A revised detail report measuring the actual cost versus the projected cost; 2) An updated Attachment C which documents any changes to the projected progress along with justification for the revision. � J. Develop and submit to DEO a monthly revised detailed timeline for implementation W consistent with the milestones outlined in the Infrastructure Program Guidelines and report , actual progress against the projected progress ten (10) calendar days after the end of each U month. K. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1) Submit updated organization chart on a quarterly basis with quarterly report; 2) If staffing changes,there must be a submittal stating the names,job descriptions, E on the monthly report deadline; 3) A progress report documenting the following information: a) Accomplishments within the past quarter; b) Issues or risks that have been faced with resolutions;and c) Projected activities to be completed within the following quarter. Page 21 of 58 Packet Pg. 2123 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 L. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C- Activity Work Plan. If Subrecipient is unable to meet a deadline with thirty(30) calendar days of the due date,Subrecipient shall request an extension of such deadline from DEO in writing no later than thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (4) Modification of Agreement. M. Close out report will be due no later than sixty (60) calendar days after this Agreement ends CL or is otherwise terminated. N. Subrecipient shall provide pictures to document progress and completion of tasks and final project. 3. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1—Project Implementation Tasks that are eligible for reimbursement are as follows: 1. Professional services to the County for technical assistance and program management(Davis- � Bacons review,Section 3 activities). CL LL 2. Environmental review, administrative activities (Environmental Exemption, Public Notice Publication(s),etc.). 3. Grant management to include invoicing,record keeping,prepare and award bids to vendors. 4. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package U completed and submitted to DEO B. Deliverable No. 2—Engineering Services Tasks that are eligible for reimbursement are as follows: 1. Create a full design package(s),signed and sealed by a Professional Engineer (PE) licensed in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project and meet all local current hurricane code ratings,local codes and building codes 2. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit-related documentation for the project. LO 3. Conduct an Environmental Review/Assessment in accordance with DEO Policies and the National Environmental Policy Act referenced in Attachment D, Section 4., b. of this agreement. C. Deliverable No. 3—Construction Tasks that are eligible for reimbursement are as follows: U 1. Site(s) Preparation;and 2. Purchase of materials and repair of the breakwater structure. Z 4. DEO'S RESPONSIBILITIES: 1. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion 2. Assign a Grant Manager as a point of contact for Subrecipient 3. Review Subrecipient's invoices described herein and process them on a timely basis Page 22 of 58 Packet Pg. 2124 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 4. DEC)shall monitor progress,review reports,conduct site visits,as DEC)determines necessary at DSO's sole and absolute discretion,and process payments to Subrecipient 5. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No.1—Program Implementation TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE Subrecipient shall provide project Subrecipient may request Failure to complete the minimum implementation activities as reimbursement upon completion performance measures as specified identified in Section 3.A.of this of a minimum of one (1) task on shall result in non-payment for this Scope of Work. a per completed task basis deliverable for each payment request associated with a task as identified in Sections 3.13 and 3.C,Deliverables 2 and 3, as evidenced by submittal of the following documentation: 1) Summary of Project LL Implementation activities performed; and 2) Invoice package in accordance with Section 6 of this Scope of Work. Deliverable 1 Cost-$109,729.95 Deliverable No.2—Engineering Services TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE Subrecipient shall complete tasks Subrecipient may request Failure to complete the Minimum in accordance with Section 3.13 reimbursement upon completion Level of Service as specified shall E of this Scope of Work. of a minimum of one (1) task in result in non-payment for this y accordance with Section 3.13 of deliverable for each payment M LO this Scope of Work, evivdenced request. by submittal of the following documentation: 1) Engineering design working drawings and associated cost estimates; 2) Copies of required permits; and U 3) Invoice package in accordance with Section 6 of this Scope of Work. Deliverable 2 Cost-$238,476.00 Deliverable No.3—Construction TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE Subrecipient shall complete tasks Subrecipient may request Failure to complete the Minimum in accordance with Section 3.0 reimbursement upon completion Level of Service as specified shall of this Scope of Work. activities in accordance with result in non-payment for this Section 4.0 of this Scope of Work Page 23 of 58 Packet Pg. 2125 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEC)Agreement No.: IR045 in the following increments: 10%, deliverable for each payment 20%, 30%, 40%, 50%, 60%,70%, request. 80%, 90%and 100%, evidenced by submittal of the following documentation: 1) AIA forms G702 and G703, or similar accepted DEC) form, CL completed by a licensed professional certifying to the percentage of project completion; 2) Photographs of project in progress and completed; and 3) Invoice package in accordance with Section 6 of this Scope of Work. Deliverable 3 Cost-$1,846,393.05 M Total Project Costs Not to Exceed-$2,194,599.00 12 CL LL COST SHIFTING: The deliverable amounts specified within the Deliverables Section 5 table above are established based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the U deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above X Deliverable amounts that do not exceed 25% of each deliverable total funding amount. Changes that exceed 25% of each deliverable total funding amount will require a formal written amendment request from Subrecipient,as described in MODIFICATION section of the Agreement.Regardless,in no event shall DEC) reimburse costs of more than the total amount of this Agreement. Ile 6. INVOICE SUBMITTAL 2 DEC) shall reimburse Subrecipient in accordance with Section 5, above. In accordance with the Funding Requirements of s.215.971(1),F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may y only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations LO applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (https://www.mvfloridacfo.com/Division/AA/Manuals/do m cuen n ts/Referece(;uideforStateE,-x enditures.pd�. A. Subrecipient shall provide one invoice per month for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: t) 1. A cover letter signed by Subrecipient's Grant Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget Z appropriation; (2) are for one or more of the components as stated in Section 5, X DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date,period in which work was performed, amount of reimbursement,and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project,is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; Page 24 of 58 Packet Pg. 2126 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d DEO Agreement No.: IR045 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DSO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. CL Remainder of this page is intentionally left blank CIL LL c� LO CD X c� Page 25 of 58 Packet Pg. 2127 J04eM3je8JEj s lUa n aO no x -j84eM)je8Jq AOIUAOABJ.Stoal WeAD - I lux o u8wLl3 co ci N � N F4 00 a Q � O � w o � � U 0 F o � � za O a � .o N U N QJ c cz � U a� O cr 00 w co z 0) N Q U- ti V p V U O Qr y 7jco w O W is O O � A Q ct ct w �- A �� a ,I- O\ w O � � O bOQ bOQ U +� Q � Ems+ c O U y a� O Qj CL up up ui O) 4 O O 0 J04eM3je8JEj s lUa n aO no x -j84eM)je8Jq AOIUAOABJ.Stoal WeAD - I lux o u8wLl3 ci T N � N d _ o� V G. Q �U WL". Q �Up GO 7-i U O O � � O bA �co � O O U O 00 .� 0 O U l— U N O tb cz LL O � O � O °° 4, o � o LL U Q w W rn I ct N O LL i; c� ct ct bq O c co cv W LUL.I N �Q�-j! F-1 •i�i �. 00 LL ct a� w o w Lri o O U O l04em3je8J AOIUAOABJL!q ] } pe4noexe.l84em)je8J AOIUAOABJ. | W© " 04!mgx :4u8wLl3e44V $ � ci / \ � Wu L k � � � § 2 J4 \ / \ / IL \ ƒ \ % \ 2 § Q � ka � k § W § a $ � a § 00 \ ƒ / o W \ Q 00 tb / z \ / � \ 7 � ° / y ƒ / / k ± § \ § u E * ± / & b u � w $ u o § / � � / g Q / § 00 6 } / ) CL o / .ƒ \ Eli ct ct � / \ � � m U f 0 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment D—Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which the Subrecipient has not completed E the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided M adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and -119 Activity Work Plan. M 3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement, including an affidavit of publication; CL b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved LL because it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing ., no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. c� 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following. a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond$5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR 1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use LO Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(42 U.S.C. §§ 4601-4655;hereinafter,the "URA"),implementing regulations at 24 CFR part U 42,49 CFR part 24 and 24 CFR§ 570.606(b),the requirements of 24 CFR§42.325—42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR § 570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her rights under the URA,an invitation to accompany the appraiser, all appraisals,offer to the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 29 of 58 Packet Pg. 2131 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition,or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO,HUD, and applicable,regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); C b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable);and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday, November 21,2016. 0 9. For each Request for Funds (RFF) that includes reimbursement of construction costs,the Subrecipient shall provide CL a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price);and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to LO 24 CFR§ 570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR§ 570.489(j). U 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for X Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers,contractors,consultants and engineers involved in the application or in the planning,development or implementation of the project or CDBG-MIT-funded activity; and Page 30 of 58 Packet Pg. 2132 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR § 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§ 570.489(g), such as those relating to the acquisition or disposition of real property;CDBG-MIT financial assistance to beneficiaries,businesses or other third CL parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with,and this Agreement is subject to, Chapter 112 F.S. a� 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the � construction progresses, additional photography or Videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the CL LL administrative closeout package for this Agreement. 19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. LO t3 X c� Page 31 of 58 Packet Pg. 2133 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment E—State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. CL The Subrecipient agrees to,and,by signing this Agreement, certifies that,it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. H/Wednesday,January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 00 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the 0 Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CL CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits.Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set 0 forth in §200.501 Audit requirements. LO b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. U This review must include: (1) Reviewing financial and performance reports required by DEC); X (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means;and c� (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. Page 32 of 58 Packet Pg. 2134 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. CL 3. Drug-Free Workplace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the cu government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 3: (Pub.L. 100-690,Title V, Subtitle D;41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. CL The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically LL including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. c� The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit https://www.sam.gov/SAM/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24 CFR 570.2000).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that a� when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to r. the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR 570.2000) and 24 CFR 570.4890),except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). U 6. Federal Funding Accountability and Transparency Act (FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number https://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Propert�:Acduisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA),42 USC 4601 —4655, 49 CFR part 24,24 CFR part 42, and 24 CFR 570.606. Page 33 of 58 Packet Pg. 2135 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d In addition to other URA requirements,these regulations (49 CFR§24.403(d))implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President,to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 CL The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race,color,national origin,religion or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of E the Rehabilitation Act of 1973 (29 U.S.C.794) (Section 504).Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. CL LL b. Architectural Barriers Act and the Americans with Disabilities Act " The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- _Ile 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6,for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides a� comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a LO failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act 288.703-288.706, F.S.);Title VI of the Civil Rights Act of 1964 (24 CFR part 1) U (1) General Compliance X The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- w 352), as amended. No person in the United States shall, on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint,testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 34 of 58 Packet Pg. 2136 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations,facilities, services, financial aid or other benefits to be provided will be operated � and administered in compliance with all requirements imposed by or pursuant to this part 1. CL 0 If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the 3: property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the y assurance and the requirements on real property. M In the case of real property, structures or improvements thereon, or interests therein,acquired with Federal CL financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the LL Subrecipient under this Agreement,the instrument effecting any disposition by the Subrecipient of such real property,structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DSO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24,1966,as amended,and cu implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the LO Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (2) Women- and Minority-Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when W the Subrecipient procures property or services under this agreement. U (3) Notifications The Subrecipient 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 worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 35 of 58 Packet Pg. 2137 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d 9. Labor and Emplo, Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 3141,et seq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property CL only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing 3: regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain M documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 y a. Low-Income Person Definition M A low-income person,as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section L_ 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not CL exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for LL smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 " per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very low- income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations Ile are necessary because of unusually high or low family incomes. b. Compliance Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR > part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing LO Federal, state and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the following"Section 3 clause"in every"Section 3-covered contract": 0 (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- U assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low- income persons,particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants Page 36 of 58 Packet Pg. 2138 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the . contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in CL 24 CFR part 75. (5) The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75.F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (6) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this y contract for default,and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the CL work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b) c.. Section 3 Benchmarks and Reporting A.Benchmarks. Contracts over$200,000 trigger Section 3 Benchmark requirements.When triggered,best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and business concerns to meet these minimum numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 a� workers; and 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 LO workers. B. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR§ 75.23,pursuant to 24 CFR§ 75.25(b),the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. C. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or DEO which may be amended from time to time for HUD reporting purposes. U 11. Conduct X a. Hatch Act The Subrecipient shall comply with the Hatch Act, 5 USC 1501 —1508,and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. Page 37 of 58 Packet Pg. 2139 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d In all cases not governed by the conflict of interest provisions in DSO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbj ing Certification The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement and the extension, continuation,renewal, amendment or modification of any Federal contract,grant,loan,or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; (3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all a subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative y agreements) and that all subrecipients shall certify and disclose accordingly;and (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any CL person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 LL and not more than $100,000 for each such failure. d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship,religious instruction,or proselytization. Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under any Department program, or any intermediate organization with the same duties as a governmental entity,from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction,or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious LO and non-religious organizations. e. Environmental Conditions (1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(g) of the HCD Act for environmental review,decision-making and action (see 24 CFR part 58) and is not delegated DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non-HUD funds by any participant in the U development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Air and Water The Subrecipient shall comply with the following requirements insofar as they apply to the performance of U this agreement: (a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended;particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51, and 93); and Page 38 of 58 Packet Pg. 2140 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended,and all regulations and guidelines issued thereunder. (c) The Clean Air and Water Act: If this Contract is in excess of$100,000,Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act,as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to CL energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act,Pub.L. 94-163. (3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994,as amended,(42 U.S.C. 5154a),which includes a prohibition on the provision of flood disaster assistance,including loan assistance, to a person for repair,replacement or restoration for y damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as CL required under applicable Federal law on such property. Section 582 also includes a responsibility to notify LL property owners of their responsibility to notify transferees about mandatory flood purchase requirements. " More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. (4) Lead-Based Paint The Subrecipient shall follow DSO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A,B,J,K,and R of this title. Ile (5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966,as amended, codified in title 54 of the United States Code,and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and LO demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. (6) Additional Regulations (a) The Temporary Assistance for Needy Families Program (`TANF'�, 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. w (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits discrimination on the basis of sex in educational programs. U (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. (d) The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law (Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis,to children up to age 18. Page 39 of 58 Packet Pg. 2141 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d (e) Public Announcements and Advertising.When issuing statements,press releases,requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. (f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. CL (g) The Consolidated Appropriations Act,2010,Division E,Section 511 (Pub.L. 111-117),which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries. The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are M available under the conditions provided by Pub.L. 111-117. C2 (h) Contract Work Hours and Safety Standards Act(40 U.S.C. §327-333)—If this Contract involves federal funding in excess of$2,000 for construction contracts or in excess of$2,500 for other contracts that involve the employment of mechanics or laborers,compliance with sections 102 and 107 of the Contract y Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required to 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 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. (i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub.L. 94-580 codified at 42 U.S.C. 6962),state and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. (j) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986,which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. LO When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State may impose any of the additional conditions and/or requirements outlined in 2 CFR§ 200.207. U X c� Page 40 of 58 Packet Pg. 2142 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment F—Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will"affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: C, 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race,color,familial status,handicap,national origin religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, CL LL b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency,the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts,and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. LO Examples of fair housing activities include the following: 1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals;and 4. Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees, _ insurance agents and apartment complex owners. X Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles, sign-in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section < of each quarterly report. Page 41 of 58 Packet Pg. 2143 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring,promotion, discharge,pay, fringe benefits,job training, classification,referral and other aspects of employment,on the basis of race,color,religion, sex,national origin,disability,age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. E Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the 0 home page of its website; and 4. Establish a system to record the following for each EEO call: a) The nature of the call, CL b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises ("E) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used to develop a local MBE/WBE list at the following web site: https://osd.dms.mvflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b) into any contracts or subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR 60-1.3. GO 2 Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide LO by the laws through the actions listed below. The Subrecipient shall do the following. 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; X 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 42 of 58 Packet Pg. 2144 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not,on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services,benefits or opportunities to participate as a result of physical barriers,or CL 3. Deny employment opportunities, 'including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment,State and local government,public accommodations,commercial facilities,transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health 0 care, social services, courts, voting and town meetings). State and local governments are required to follow specific "- CL architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation senTices provided by private entities are also covered by Title III. Section 3 -Economic Opportunities for Low- and Very Low-Income Persons 2 Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income people who are hired to work on CDBG-MIT-funded LO projects. The number of low- and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following Section 3 clause is required to be included in CDBG-MIT-funded contracts of$100,000 or more: Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. § 1701u (Section 3). The purpose of U Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- X income persons,particularly persons who are Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause, and will post copies of the Page 43 of 58 Packet Pg. 2145 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part CL 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75. 6. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of CL the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be LL performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and ., opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 —Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; LO 3. Title VIII of the Civil Rights Act of 1968—as amended(the Fair Housing Act of 1988); 4. 24 CFR§ 570.487(b) —Affirmatively Furthering Fair Housing; 5. 24 CFR§ 570.490(b) —Unit of general local government's record; 6. 24 CFR§ 570.606(b) —Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively I Furthering Fair Housing, 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG- �c MIT funds because of race,color,religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended—Employment/Training of Lower Income Residents and Local Business Contracting. Page 44 of 58 Packet Pg. 2146 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F DocuSign Envelope ID:F489A3EC®E363-413-BF12®3 1 FD3E8F I hereby certify that.._Monroe County � shall comply with all of the provisions and Federal regulations listed in this Attachment F. Date: Name: Mayor David Rice Title: Chair f Remainder of this page is intentionaffy left blank U. Cler ., Deputy Clerk a� Approved as to form and legal sufficiency: Monroe County Attorney's Office 1-412022 LO t3 x c� Pag e 45 of 58 Packet Pg. 2147 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment G—Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 101h of every April,July,October and January. C 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at https://ww-w.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§ 200.343.Activities during this close-out period may include,but y are not limited to: makingfinal payments, disposing of program assets (including the return of all unused materials, PS P g P g ( g equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. CL Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold,an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to auditn,deo.mvflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD-60002, must be completed and submitted through DEO's SERA LO reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables,Project Detail Budget and Activity Work Plan. 8.All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement. U X c� Page 46 of 58 Packet Pg. 2148 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment H—Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 CY R 200.302 titled "Financial Management'), Section 218.33, F.S., and include the following: 1. Accurate,current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. CL 3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles') and the terms and conditions of this a� Agreement. 6. Cost accounting records that are supported by backup documentation. Competition CL All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner LL providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner, LO or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts. r. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR§ 200.318(c)(1).) w Business Hours The Subrecipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. x w Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 47 of 58 Packet Pg. 2149 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment I—Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215.97, F.S.,as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement, CL the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR§200.90, §200.64,and §200.70. 12 1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program CL - LL specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503.An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-512. 3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources LO obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2), F.S. 0 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of � $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the _ Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental X entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 48 of 58 Packet Pg. 2150 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017, and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S.,is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). C, a� PART III: OTHER AUDIT REQUIREMENTS (NOTE:This part�a ould be used to pecify any additional audit requirements imposed by the State a�a arding entity that are olely a matter of that State aavarding entzty's polz'cy ('.e., the audit is not required by Federal or State lames and is not in conflz'ct)a ith other Federal or State audit requirements). Pursuant to Section 295.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance )rith Section 215.97, F.S. In such an event, the State an arding agency must arrange for funding the full cost of such additional audits. N/A CL PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements, and required by Part I of this form shall be submitted, when required by U 2 CFR§ 200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR§ 200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting 3: package. Updates to the location of the FAC and data entry system may be found at the OMB website. a� 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: tm DEO at each of the following addresses: LO Electronic copies (preferred): or Paper (hard copy): AuditLa_),deo.mvflorida.com Department Economic Opportunity MSC# 75, Caldwell Building 107 East Madison Street i9 Tallahassee, FL 32399-4126 0 w K The Auditor General's Office at the following address: X Auditor General Local Government Audits 342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 49 of 58 Packet Pg. 2151 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies (preferred): or Paper (hard copy): Auditn_,deo.mvflorida.com Department Economic Opportunity MSC# 75, Caldwell Building C, 107 East Madison Street Tallahassee, FL. 32399-4126 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting packageCL was delivered to the Subrecipient in correspondence accompanying the reporting package. LL PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition,if _Ile � any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer. U X c� Page 50 of 58 Packet Pg. 2152 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Exhibit 1 to Attachment I—Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $2,194,399.00 CL Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 Project Description: Funding is being provided for Monroe County to reconstruct the breakwater structure in the Tavernier area. This is not a research and development an ard. a� Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: CL Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR§§ 570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily Ile limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability(NFA). � 2 State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A y LO Matching Resources for Federal Programs: N/A Subject to Section 215.97,Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A U NOTE: Title 2 CFR§ 200.331 and Section 215.97(5), F.S.,require that the information about Federal Programs and X State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. c� Page 51 of 58 Packet Pg. 2153 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment J—Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myflorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: CL Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g.,contract,grant,memorandum of agreement,memorandum of understanding, _ economic incentive award agreement, etc.) between the Subreci lent and the Department of � P P Economic Opportunity (DEO)? ❑Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. � Did the Subrecipient expend$750,000 or more of state financial assistance (from DEO and all other CL LL sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of Section 215.97,Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding,economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of LO federal awards combined) during its fiscal year? ❑Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient,that the above representations for items 1 and 2 are true and correct. U X Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 52 of 58 Packet Pg. 2154 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment K—Subrecipient Enterprise Resource Application(SERA) Form Attachment K will be provided after execution of this Agreement CL CIL LL c� LO CD X c� Page 53 of 58 Packet Pg. 2155 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. CL (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts LL that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR 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 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." (D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance 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, M contractors must be required to pay wages not less than once a week. The non-Federal entity must place LO a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance 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 W by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be 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 non-Federal entity must report all suspected or reported violations to the Federal awarding agency. X (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as cry supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to 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 Page 54 of 58 Packet Pg. 2156 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d 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. (F)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 CL 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. (G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree 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). Violations must be reported to the Federal awarding agency and CL the Regional Office of the Environmental Protection Agency (EPA). LL (H) 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 governmentwide 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 ass 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. I Byrd Anti-Lobb in Amendment 31 U.S.C. 1352 Contractors that apply or bid for an award ( ) ST ST g ( ) - PP ST 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, M grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non LO - 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. (J) See 200.323—Procurement of Recovered Materials. (K) See 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. (L) See 200.322—Domestic Preferences for procurements. U F8 FR 78608,Dec. 26,2013, as amended at 79 FR 75888,Dec. 19,2014; 85 FR 49577,Aug. 13,2020] X c� Page 55 of 58 Packet Pg. 2157 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Attachment M State of Florida Department of Economic Opportunity CL Federally Funded Community Development Block Grant Disaster Recovery(CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement("Agreement's is made and entered into by and between Monroe County (hereinafter referred to as "Subrecipient") and the State of Florida, Department of Economic Opportunity (hereinafter referred to as "DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds' under the DEO Community Development Block Grant-Mitigation Program (the "CDBG-MIT Program' administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments U- received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA'� or the Small Business Administration ("SBA' (singularly, a "Disaster Program" and collectively, the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to 0) Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a a� duplication of benefits ("DOB") as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds,"and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The y amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. LO Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving depositions,providing documents, w producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and U collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. X If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 56 of 58 Packet Pg. 2158 DocuSign Envelope ID: F489A3EC-E363-4313-BF12-3941 EAFD3E8F D.2.d Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by CL superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. a� In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: CL 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds LL shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall be used,retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient;and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. LO Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warning.• Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. Remainder of this page is intentionally left blank c� Page 57 of 58 Packet Pg. 2159 DocuSign Envelope ID: F489A3EC-E363-4313-BF1 2-3941 EAFD3E8F DocuSign Envelope ID:F489A3EC-E363-4313-BFI 2-3941 EAFD3E8F 1'he person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, .read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreemen.t, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. CL MONROECOUNTY DEPARTMENT OF ECONOMIC 11.�QYTQRTUNITY By -�? By L8D7A4D0541CJ240 'rignature Signature Y .g., -_ ffor Danid Rice Dane E Title Chair Title S e cree*1 ary 3/4/2022 CL -2 21- Date LL E#. vin Madok, Clerk x 7 _Ile As Deputy Clerk LO Approved as to form and legal sufficiency: 0 Monroe County Attorney's Office w U f-W 1-31-2022 x w E Page 58 of 58 Packet Pg. 2160