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Item C14
C14 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: C 14 2023-1858 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Suzi Rubio AGENDA ITEM WORDING: Approval to enter into a contract with the lowest responsive and responsible bidder, Sport Surfaces, LLC for the Key Largo Pickleball Installation Project to install 10 new Pickleball courts. The $398,000 project is funded by District 3 Impact Fees and ARPA funds. ITEM BACKGROUND: Staff was asked by the Upper Keys Pickleball players to install ten (10)Pickleball Courts at the Key Largo Community Park. The players are currently sharing space on the existing basketball courts which is inconvenient to several factions of the Key Largo Community. Staff believes the vacant land adjacent to the Key Largo Community Park, commonly known as "Tract E", is the ideal location for expansion of the recreation facilities offered to the Monroe County community. The Parks & Recreation Advisory Board endorsed the request and location of the new courts. Staff has solicited for, through a Request for Proposals, the design and installation of the pickleball courts. Proposals were opened on November 22, 2023, with four (4)proposals received. Upon review of the proposals, staff found Sport Surfaces LLC as the lowest responsive and responsible bidder with all required information provided. Staff requests BOCC approval to award a contract to the proposed vendor, Sport Surfaces LLC, and approval for execution of the Agreement. The contract amount is $398,000.00 for the work. Tabulation of the proposals is attached in the backup. PREVIOUS RELEVANT BOCC ACTION: Oct. 20, 2023 Request For Proposals was advertised with a bid opening date of November 22, 2023. Sept. 20, 2023 BOCC approved a request to reject the sole proposal and to readvertise. June 16, 2023 Request For Proposals was advertised with a bid opening date of July 20, 2023. The sole proposal was significantly higher than the budget for the project. March 16, 2022 BOCC approved Termination of Contract due to the contractor's misunderstanding of the Scope of Work. August 18, 2021 BOCC approval to award a contract to the proposed vendor, McCourt Construction, Inc., and approval for execution of the Agreement. April 21, 2021 BOCC approval to advertise Request for Proposals (RFP) for Design and 846 Installation of Pickleball Courts at the Key Largo Community Park using District 3 Parks and Recreation Impact Fees. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: Bid Tabulation Sheet-Key Largo Pickleball Courts Sports Surfaces LLC Bid Proposal 2023 1127 COI Sport Surfaces signed exp 03 01 2024.pdf 2023-12-13 Agreement Key Largo Pickleball.pdf FINANCIAL IMPACT: Effective Date: December 13, 2023 Expiration Date: Upon completion Total Dollar Value of Contract: $398,000.00 Total Cost to County: $398,000.00 Current Year Portion: $398,000.00 Budgeted: Yes Source of Funds: 29523 - District 3 Impact Fees and ARPA Funding CPI: Indirect Costs: Staff time and ongoing maintenance Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes 847 co dq co o -- 4- } U h 4- '6 CS O O r" O = u O O r� O a Q Q o o � o a o " 0 O O N O O m Lr) 00 N C L N � lfl lfl M M O Z O p o � � s J y U } M Q o W N z a a ujCq O W Zp = W p U. O o O m S = WZLLJ� J I- � z � z � OQQZumi O UJ J V U Z CoY W LLJ o ° gZQQ " w Q �- pa Z o rn �C W } o n oc aQ a o � — s W f- c O a J Q o U 0 o CI- �O U Cn O N_ N q a Q = L n CL S } L O (n U 4- U > � CL 4 c°n 4- N } 4- Co } 4— O N LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN!STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE Sport Surfaces LLC (Company) warrants that tie/it has not employed,retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee In violation of Section 3 of Ordinance No.010-1990. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". — ((�.............................. (Signature) Date: 0 STATE OF: V COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of W physical presence or 0 online notarization,on tobO 20C3 ._(date) by ?Cll� (IIAA (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. CYRO a Cr WS510A, ;$� .03'.Zo —NAAWE6LIC (SEAL) NOTARY PUBLIC My commission expires:--��0-0211 V7--- 7 PROPOSAL FO ��\ /Rh&'J�+NA,.Ht4 Ljq�,q�' 00120-Page 30 of276 OF FL 849 SUBSTITUTION FORM TO: Parks and Beaches PH: FAX: We hereby submit for your consideration the following product instead of the specified Item for the above project: Drawing No. I Drawing Name I Spec sec. I Spot Name I 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 wNch is specified. Clearly mark manufacturers literature to indicate equality in performance. The undersigned certifies that the function,appearance and quality are of equal performance and assumes liability for equal perfolmancel! mpatibility with adjacent materials. Submittal a'.Y. /19(1�� Sigii.G'n, Title Firm IOU (D& , Add%,,�' , V61 fA' City I State ( " e Ev ), Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure to provide legally binding signature will result in retraction of approvals. For use by Parks and Beaches:_Approved—Approved as noted—Not Approved Received too late—Insufficient data received By Data_ Fill in Blanks Below: PRE-PROPOSAL SUBSTITUTIONS 00 140-Page 51 of 276 850 Scanned, with Camiscann .. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Sport Surfaces,LLC (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36)months, (Sig,nature) Date: (C)i -<- - I STATE OF: CK 61ra COUNTY OF: C) .. ....... Subscribed and sworn to(or affirmed)before me,by means of W physical presence or El online notarization,,, otarization,on vo)zt� --(date) by— :�'aO\ G-U (name of affiant). He/She is personally known to me or has produced (type of identification)as identificati,on. tACYRO 0;$, Ix ,kt%%s io" 1"r/Z// 0 O- NOTAR"//JBV Cr- (SEAL) NOTARYPUBLIC My commission expires: V&,4*160 Z a 00 14H LV FFL PROPOSAL FORM 00 120-Page 32 of 276 851 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statuto Section 287,087 hereby certifies that: q[.)0rtSUrfa.00_1LLC..... (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-fireo workplaco,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be Imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection(1). 4. In the statement specified In subsection(1),notifies the employees that,is a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or note contendere to,any violation of Chapter 8193(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (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 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 thi Irm complies fully with the above requirements, Proposer Jc rro 10/,511 D Date STATE OF: f&3 COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of OQ physical presence or 0 online notarization,on kl,-\ GJ_<L_(name of fifi,nt). _1JOSi,L9,�IZ3 (data)by n a HeJShD is personally known to me or has produced (type of identification) as identification, CYPO 0 0 10 NOTA5_P S/b'c (SEAL) No My commission expires; C1e,),-0/ZU2q PROPOSAL FORM 0 _U1.1L; 00120-Page 31 of 276 0 N, FFLO 852 SECTION 00120 NON-COLLUSION AFFIDAVIT 1, Paul Gold of the city according to law on my oath,and tinder penalty of perjury,depose and say that: 1. lam Manager of the firm of Sport Surfaces LLC the proposer making the Proposal for the project described in the notice for calling for IBy Earg o,sals foor- Community Park Pickleball Courts 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,and 3. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening,directly or indirectly,to any other proposer or to any competitor;and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition;and 5. The statements contained in this affidavit are true and correct, and made with full dg�of�knowled ect. (Signature oT'Flmposer+�- (Date) STATE OF: 'C' COUNTY OF: lbeac\q Subscribed and sworn to(or affirmed)before me,by means of W physical presence or 0 online notarization,on Wl(51 I Zon, —(date) by ?a-� 61o\A (name of afflant). telShe Is personally known t me or has produced (type of identification)as identification. 1411 C11� o 3-'zo- .Isslo'v NOTA'1711F' (SEAL) NOTARYD11MI 1, My commission expires: 0'2>/03)2o2*7 PROPOSALFO M 0 '— 00 120-Page 29 of 276 0 ti" HH 1-2: FF 853 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 72362955 $0 Liability policies are X Occurrence Claims Made RSC Insurance Brokerage, Inc. G Insurance Agency Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 276 854 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR KEY LARGO PICKLEBALL COURT INSTALLATION r, BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates, District 1 Mayor Pro Tern Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 James K. Scholl, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Assistant County Administrator Kevin Madok Kevin G. Wilson, P. E. October 2023 PREPARED BY: Monroe County Parks and Beaches NOTICE OF CALLING FOR PROPOSALS 00030- Page 1 of 276 855 CoI"iitenis SECTION00030.............................................................................................................................................5 SECTION00100.............................................................................................................................................7 SUMMARY OF THE WORK.........................................................................................................................7 SECTION00110...........................................................................................................................................11 INSTRUCTIONS TO PROPOSERS...............................................................................................................11 SECTION00120...........................................................................................................................................22 PROPOSALFORM....................................................................................................................................22 INSTRUCTIONS FOR COMPLETION OF SF-LLL. .............................................................................................36 SECTION00130...........................................................................................................................................38 INSURANCE REQUIREMENTS AND FORMS.............................................................................................38 SECTION00140...........................................................................................................................................48 PRE-PROPOSAL SUBSTITUTIONS.............................................................................................................48 SECTION00200...........................................................................................................................................53 SITESURVEY............................................................................................................................................53 SECTION00350...........................................................................................................................................54 MILESTONE SCHEDULE/LIQUIDATED DAMAGES....................................................................................54 SECTION00500...........................................................................................................................................56 AGREEMENT............................................................................................................................................56 SECTION00750...........................................................................................................................................88 GENERAL CONDITIONS OF THE CONTRACT............................................................................................88 SECTION00970.........................................................................................................................................126 PROJECT SAFETY AND HEALTH PLAN.................................................................................................... 126 SECTION00980.........................................................................................................................................140 CONTRACTOR QUALITY CONTROL PLAN...............................................................................................140 SECTION01015 .........................................................................................................................................148 CONTRACTOR'S USE OF PREMISES.......................................................................................................148 SECTION01027 .........................................................................................................................................150 APPLICATION FOR PAYMENT................................................................................................................ 150 SECTION01030.........................................................................................................................................161 ALTERNATES..........................................................................................................................................161 NOTICE OF CALLING FOR PROPOSALS 00030- Page 2 of 276 856 SECTION01040.........................................................................................................................................162 PROJECT COORDINATION .....................................................................................................................162 SECTION01045 .........................................................................................................................................166 CUTTING AND PATCHING...................................................................................................................... 166 SECTION01050.........................................................................................................................................170 FIELD ENGINEERING.............................................................................................................................. 170 SECTION01200.........................................................................................................................................173 PROJECT MEETINGS.............................................................................................................................. 173 SECTION01301 .........................................................................................................................................181 SUBMITTALS..........................................................................................................................................181 SECTION01310.........................................................................................................................................185 PROGRESS SCHEDULES.......................................................................................................................... 185 SECTION01370.........................................................................................................................................187 SCHEDULE OF VALUES........................................................................................................................... 187 SECTION01385 .........................................................................................................................................189 DAILY CONSTRUCTION REPORTS .......................................................................................................... 189 SECTION01395 .........................................................................................................................................191 REQUEST FOR INFORMATION (RFI).......................................................................................................191 SECTION01410.........................................................................................................................................193 TESTING LABORATORY SERVICES.......................................................................................................... 193 SECTION01421 .........................................................................................................................................196 REFERENCE STANDARDS AND DEFINITIONS.........................................................................................196 SECTION01500.........................................................................................................................................203 TEMPORARY FACILITIES........................................................................................................................203 SECTION01520.........................................................................................................................................205 CONSTRUCTION AIDS............................................................................................................................205 SECTION01550.........................................................................................................................................207 ACCESS ROADS AND PARKING AREAS...................................................................................................207 SECTION01560.........................................................................................................................................208 TEMPORARY CONTROLS.......................................................................................................................208 SECTION01590.........................................................................................................................................210 FIELD OFFICES AND SHEDS....................................................................................................................210 SECTION01595 .........................................................................................................................................211 NOTICE OF CALLING FOR PROPOSALS 00030- Page 3 of 276 857 CONSTRUCTION CLEANING...................................................................................................................211 SECTION01600.........................................................................................................................................213 MATERIAL AND EQUIPMENT................................................................................................................213 SECTION01630.........................................................................................................................................215 POST-CONTRACT SUBSTITUTIONS........................................................................................................215 SECTION01640.........................................................................................................................................219 PRODUCT HANDLING............................................................................................................................219 SECTION01700.........................................................................................................................................221 CONTRACT CLOSEOUT..........................................................................................................................221 SECTION01710.........................................................................................................................................224 FINAL CLEANING ...................................................................................................................................224 SECTION01720.........................................................................................................................................226 PROJECT RECORD DOCUMENTS............................................................................................................226 SECTION01730.........................................................................................................................................229 OPERATION AND MAINTENANCE DATA ...............................................................................................229 SECTION01740.........................................................................................................................................232 WARRANTIES.........................................................................................................................................232 ATTACHMENTA........................................................................................................................................235 ATTACHMENTB ........................................................................................................................................240 ATTACHMENTC ........................................................................................................................................270 NOTICE OF CALLING FOR PROPOSALS 00030- Page 4 of 276 858 SECTION 00030 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Wednesday, November 22, 2023, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: Key Largo Park Pickleball Court Installation 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 the County's electronic bidding platform at l.tilp //:yiorinoecolanty ,f°I borif%r ehaab.coal OR.www.,10rl.J oeoo fl gov/ Son ircll3ids. The Public Record is available upon request. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at http �:��� fl orifireh a ooni, no later than 3:OOP.M. on November 22, 2023. There is no cost to the bidder to use the Bonfire platform. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Wednesday, November 22, 2023. You may call in by phone or internet using the following: Join Zoom Meeting 1jttp,5;,/./uY�cb..occ,,.,z..00u„tp,.;aa; I.E4.�H1 ;.32Qr..:�!. . Meeting ID: 4509326156 One tap mobile: +16465189805„45093261569 US (New York) +16699006833„45093261569 US (San Jose) Dial by your location: +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) Publication Dates Keys Citizen: Sat., 10-21-2023 Keys Weekly: Thur., 10-26-2023 Barometer: Fri., 10-27-2023 NOTICE OF CALLING FOR PROPOSALS 00030- Page 5 of 276 859 End of Section 00030 NOTICE OF CALLING FOR PROPOSALS 00030- Page 6 of 276 860 SECTION 00100 SUMMARY OF THE WORK A NON-MANDATORY Pre-Proposal Conference shall be held on Thursday, November 2, 2023, at 10:00 a.m. on-site at 305 St. Croix Place, Key Largo, FL 33037. Although the meeting is not mandatory, it is highly recommended that all bidders be in attendance. 1. General Project Intent The intent of the Request for Proposals (RFP) is to describe the materials and methods of construction required for the performance of the work. In general, it is intended that the RFP shall delineate the detailed extent of the work. Drawings, Specifications, and Contract documents are complementary, and what is required by one shall be as binding as if required by all. 2. Scope of Work The Scope of Work includes the installation of new Pickleball Courts at Key Largo Community Park. The Contractor shall review and follow the attached Construction Drawings and Specifications provided by WSP USA Environment & Infrastructure, Inc., attached hereto as ATTACHMENT A. The Scope of Work includes development of the vacant parcel located at 305 St. Croix Place into ten (10) asphaltic concrete pickleball courts with pickleball court surfacing, fencing, gates and sidewalks. See ATTACHMENT A. The Scope of Work shall include, but not be limited to, all work shown and listed in the Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the attached drawings, and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. The Contractor shall properly dispose of debris. 3. Milestone Dates The Contractor is to note the following special milestone dates. 1. Proposal Documents Available 10/20/23 2. Pre-Proposal Conference 11/02/23 3. Last Day to Submit RFI's 11/07/23 4. Proposal Due Date 11/22/23 5. BOCC Award Date (Anticipated) 12/13/23 6. Notice to Proceed & Pre-Construction Meeting (Anticipated) 12/18/23 7. Substantial Completion (Anticipated) 06/15/24 SUMMARY OF THE WORK 00100- Page 7 of 276 861 4. Permits The Contractor will be responsible to obtain all necessary permits and approvals for the work including the Monroe County Building Department, and any other permitting or regulatory agencies as applicable. A Monroe County Building Permit, C-ACCB-2022-0002, has been applied for and approved. The Contractor is responsible for securing and paying any fees associated with Permit# C-ACCB-2022-0002. 5. Special Provisions The following Special Provisions are intended to clarify the scope of work or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. Not Used 1. All licenses required to perform the scope of work in the specified location shall be procured and maintained by the Contractor and his/her subcontractors. The Contractor shall submit copies to the Monroe County Parks and Beaches Department ("Parks and Beaches") before the issuance of the notice to proceed. The Contractor's license shall accompany the proposal. 4. The Contractor is to review the General Requirements for additional responsibilities required to perform this Work. 5. 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 Parks and Beaches in any event, so as not to compromise the Owner's right to make appropriate decisions. 6. The Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720, Project Record Documents), of his/her work progression. 7. The Contractor shall not store materials, tools, or debris inside the building without written permission. The Contractor shall take all means necessary to contain dust and debris as an integral part of the work. The Contractor shall provide a suitable storage container and be responsible for disposal off-site of all debris and trash. 8. 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. 9. The Contractor needs to be aware of the facility, its vendors and staff with unusual schedules and plan accordingly. Coordination of each day's work shall be done in advance with approval from the County. All spaces interior and exterior shall be cleaned and returned to normal work period/day. SUMMARY OF THE WORK 00100- Page 8 of 276 862 10. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited Monday-Friday 8:OOAM-5:OOPM work hours. Any change to the agreed-upon schedule must be obtained in writing by County Parks and Beaches with a minimum of seventy-two (72) hours advanced notice. 11. 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. 12. Special Project Signs; Notice of Work on Facility: Ten (10) Days prior to start of construction, the Contractor shall mount an additional project sign on a 3'x4' sheet of plywood. The Contractor shall securely fasten the sign to the building or posts set in the ground as approved by Parks and Beaches. A design provided by or approved by Parks and Beaches will include, but not necessarily be limited to: the Project Name; the Construction start date; Construction duration; areas/portions of the facility/site that will be included in the work; the Owner's name; the Contractor's name, address, and telephone number, and the Architect's name, address, and telephone number. 13. Monroe County Parks and Beaches Temporary Facilities: N/A 14. Additional special provisions such as Alternates, Unit prices: N/A 15. Information shown on the Drawings is assembled from numerous record information sources and may be inaccurate or incomplete. The 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 before placing orders for fabrications or prefabricated materials. Adjustments, delays, re-fabrications, or replacement materials due to inaccurate information are the sole responsibility of the Contractor. 16. The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A-rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner according to Section 255.05, Florida Statutes. A Public Construction Bond is not required on construction contracts of Two Hundred Thousand and 00/100 ($200,000.00) Dollars or less. 6. Protection 1. The Contractor shall use every available precaution to provide for the safety of property owner, visitors to the site, and all connected with the work under the Contract. SUMMARY OF THE WORK 00100- Page 9 of 276 863 2. All existing facilities, both above and below ground, shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. 3. Barricades shall be erected to fence off all construction areas from operations personnel and the general public. Fence posts shall have bases that eliminate the need to penetrate the ground for support. 7. Safety Requirements 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. The Contractor shall: a. Comply with all Federal, State, Local, and Owner Fire and Life Safety requirements. b. Advise Owner whenever work is expected to be hazardous to Owner's employees and/or operations. c. Maintain a crewman as a floor area guard whenever roof and or decking is being repaired or replaced. d. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 8. Housekeeping 1. Materials shall be kept neat and orderly. 2. Scrap, waste, and debris shall be removed from project area daily. 3. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. 4. Fire protection shall be maintained during construction. 5. Housekeeping is required on a daily basis. End of Section 00100 SUMMARY OF THE WORK 00100- Page 10 of 276 864 SECTION 00110 INSTRUCTIONS TO PROPOSERS To be considered, Proposals must be made in accordance with these Instructions to Proposers. ARTICLE 1 DEFINITIONS 1.1 Terms used in these Instructions to Proposers, which are defined in the General Conditions, shall have the same meanings or definitions as assigned to them in the General Conditions. 1.2 A Proposal, Bid, or Response is a complete and properly signed proposal to do the Work for the sums stated therein, including any Owner Options or Alternates stipulated therein, and submitted in accordance with the Proposal Documents. In this Request for 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 Allowance, payments will be made to the vendor for the specified service or project. If the Contractor is responsible for making payments, he/she will be reimbursed for the payments to the vendor via presentation of invoices in his/her monthly payment application. Allowance includes labor, materials, installations, permits, etc. 1.5 Alternate Proposal (or Alternate) is an amount stated in the Proposal to be added to or deducted from the amount of the Base Proposal if the corresponding change in the Work, as described in the Proposal Documents, is accepted by Owner. 1.6 Architect/Engineer is the Architect or Engineer hired by the County to design the project. 1.7 Base Proposal is the sum stated in the Proposal for which the Proposer offers to perform the Work described in the Proposal Documents as the base, to which may be added or from which Work may be deleted for sums stated in an Alternate Proposal or Owner Option Proposals. 1.8 Proposer is a person or entity who submits a Proposal to the solicitation. 1.9 Proposal Documents include the Notice of Calling for Proposal, Instructions to Proposers, Proposal, Pre-Proposal Substitutions, Scope of Work, Milestone Schedule and other sample Proposal and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Proposals. The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance and license and certification documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated INSTRUCTIONS TO PROPOSERS 00110- Page 11 of 276 865 agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. 1.10 Not Used. 1.11 "Owner" is synonymous with "Monroe County". 1.12 "Perform" means to comply fully with the specified or implied requirements of the Contract. 1.13 "Provide" means "furnish and install". Wherever "provide" or "furnish and install" are used, this shall mean the purchase and complete installation, and all purchasing requirements and procedures, as per the specified or implied requirements of the Contract. 1.14 Sub-bidder is a person or entity who submits a bid to a Proposer for materials or labor for a portion of the Work. 1.15 "Unit Price" means an amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Proposal Documents or in the proposed contract documents. Unit prices shall apply to change orders. ARTICLE 2 COPIES OF PROPOSAL DOCUMENTS 2.1 Proposers may obtain complete sets of the Proposal Documents from the County's electronic bidding platform at hDt,&//r„ionir�ec u�t �,bon„frehubcon„i OR, i � „ !, , , i �, .rvrrvrr irmi.oni.r.eC..oun1 The Public Record is available upon request. 2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals. Neither the Owner nor Parks and Beaches, nor their agents, nor the Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. 2.3 Submitted Proposals MUST include an Insurance Agent Statement and a completed Insurance Checklist, and all forms and requirements as called for in the Request for Proposals. Failure to include all necessary forms and licenses will result in a non- responsive proposal. ARTICLE 3 EXAMINATION OF PROPOSAL DOCUMENTS AND SITE 3.1 Before Submitting a Proposal: 3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents. 3.1.2 Each Proposer shall visit the site to familiarize himself/herself with local conditions that may in any manner affect the cost, progress, or performance of the Work. INSTRUCTIONS TO PROPOSERS 00110- Page 12 of 276 866 3.1.3 Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations and responsibilities assumed under this Proposal. 3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the Proposal Documents, or should he/she be in doubt as to their meaning, he/she shall at once notify the Owner, in writing by e-mail to Suzi Rubio at Rubio-Suzanne@monroecounty- fl.gov. 3.2 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Contractors in performing the Work are identified in the General Requirements or Drawings. 3.3 Each Proposer shall study and carefully correlate his/her observations with the Proposal Documents. 3.4 The submission of a Proposal will constitute a representation by the Proposer that he/she has complied with every requirement of Article 3 and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. ARTICLE 4 INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS 4.1 Proposers and Sub-proposers shall promptly notify the Director of Parks and Beaches in writing of any ambiguity, inconsistency or error that they may discover upon examination of the Proposal Documents or of the site and local conditions. 4.2 Proposers and Sub-proposers requiring clarification or interpretation of the Proposal Documents shall submit their questions in writing to the Director of Parks and Beaches no later than ten (10) business days prior to the date for receipt of Proposals (see 3.1.4). Any answer, interpretation, correction, or change of the Proposal Documents will be accomplished by Addenda. Copies of Addenda will be made available for inspection at the County's electronic bidding platform at Irys://r7rnoirniro� couirnt fll.boirnfliireahub.cor7rn OR www.moirniroeacouirnt fll. ov/II:3,oirnfliireall:::mlids. The Public Record ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................... is available upon request. 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 Security, 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. INSTRUCTIONS TO PROPOSERS 00110- Page 13 of 276 867 5.1.2 All blanks on the Proposal Form shall be filled in with ink or by typewriter or word processor. 5.1.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Failure to comply with this requirement shall constitute a non-responsive proposal. 5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Proposal. 5.1.5 All requested Alternates shall be proposed. If no change in the Base Proposal is required, enter "No Change". Failure to comply with this requirement shall constitute a non-responsive proposal. 5.1.6 All requested Allowances shall be proposed. Failure to comply with this requirement shall constitute a non-responsive proposal. 5.1.7 The Proposer is required to submit a copy of the appropriate and current Contractor's license (Monroe County or State) as part of the Proposal. 5.2 ADDENDA 5.2.1 Each Proposer shall ascertain prior to submitting his/her Proposal that he/she has received all Addenda issued, and he/she shall acknowledge their receipt in his/her Proposal. However, in case any Proposer fails to acknowledge receipt of such Addenda, his/her Proposal will nevertheless be construed as if it had been received and acknowledged, and the submission of the Proposal will constitute acknowledgement of receipt of the Addenda. It is the responsibility of each Proposer to verify that he/she has received all Addenda issued before Proposals are opened. 5.2.2 No Addenda will be issued later than five (5) business days prior to the date for receipt of Proposals except for an Addendum withdrawing the request for Proposals or one which includes postponement of the date for receipt of Proposals. 5.2.3 Copies of Addenda will be made available for inspection where Proposal Documents are on file for that purpose. See Section 4.2 above. 5.3 PROPOSAL SECURITY 5.3.1 Each proposal shall be accompanied by a Proposal Security in the amount equal to five percent (5%) of the Proposer's maximum bid price by way of a bid bond from a surety insurer authorized to do business in Florida as a surety or any method permitted in Section 255.051, Florida Statutes, as amended (certified check, cashier's check, treasurer's check or bank draft of any national or state bank). If the security is in the form of a check or draft, it shall be made payable to Monroe County BOCC. Proposals submitted pursuant to the electronic bidding process set forth in Section 00030 (Notice of Calling for Proposals) shall include electronic copies of the Proposal Security identified above. Only an original Proposal Security in the form of a certified INSTRUCTIONS TO PROPOSERS 00110- Page 14 of 276 868 check, cashier's check, treasurer's check or bank draft of any national or state bank shall be submitted contemporaneously through the United States Postal Service or by means of a commercial delivery service to: Monroe County Board of County Commissioners, c/o Purchasing Department; 1100 Simonton Street, Room 2-213; Key West, Florida 33040. All other forms of a bid bond (e.g., a surety bid bond) shall only be submitted electronically. 5.3.2 The Proposal Security constitutes a pledge and guarantee by the Proposer that the Proposer will enter into a Contract with the Owner on the terms stated in his Proposal and the solicitation documents and will furnish a certified copy of the recorded performance bond, as described in the General and Supplementary Conditions of this contract if the Proposer is the successful bidder. Bid securities may remain in the custody of the County OMB for up to ninety (90) days from the bid opening date or until forfeited or released. The bid security of the successful bidder shall be returned to the bidder after (a) the bidder executes the contract, (b) furnishes a good and sufficient certified copy of the recorded performance bond, payment bond, and required proof of insurance as may be required in the contract documents, and (c) commences performance of the contract. If after the Board of County Commissioners accepts the bid to a competitive solicitation the successful bidder refuses or is unable to execute the contract to provide the required contract bonds or proof of insurance, or commence performance, the County may annul the Notice of Award, and the bid security will be forfeited to, and become the property of, the County as liquidated damages for the County's loss of bargain. A public construction bond is not required on construction contracts of Two Hundred Thousand and 00/100 ($200,000.00) Dollars or less. 5.3.3 The Proposal Security of any Proposer may be retained by the County set forth in Subsection 5.3.2 above, or for up to ninety (90) days from the date when 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 manpower and equipment in order to meet the requirements of the schedule. 5.4.3 Proposer shall determine all permits, impact fees, inspections, testing and survey (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. Proposer shall include in his proposal the cost of all such permits, impact fees, inspections, testing, and surveys for the project site/building. The Contractor shall be required to secure all such permits, impact fees, inspections, testing, surveys, and to provide all installation and permitting, required for the execution of this Contract. The County will assess County building permit and County impact fees. The Contractor shall be responsible for any and all building permit costs or impact fees required for the substantial completion of this project. 5.4.4 The Contractor shall be responsible to secure and pay for all testing services of an independent testing laboratory to perform specified inspections and testing as indicated INSTRUCTIONS TO PROPOSERS 00110- Page 15 of 276 869 in Technical Specification Sections and as required by the contract or governing authorities. Contractor shall include the cost of all inspection and testing fees in his bid proposal. 5.5 SUBMISSION OF PROPOSALS 5.5.1 Proposals shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Proposals indicated in the Notice of Calling for Proposals, or any extension thereof made by Addendum. Monroe County's representative authorized to open the Proposals will decide when the specified time has arrived, and no Proposals received thereafter will be considered. Proposals received after the time and date for receipt of Proposals will be returned unopened. 5.5.2 Monroe County Purchasing Department receives bids electronically. Please DO NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered bids/proposals/ responses will not be considered. Monroe County Purchasing requests that bids be submitted via the Bonfire electronic bidding platform at Ir ://r�rn iruir ea a irut .. Il.b irufliir..er]ub.c r[]. no later than 3 pm on Wednesday, November 22, 2023. There is no cost to the bidder to use the Bonfire platform. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. The bid opening for this solicitation will be held virtually via the internet at 3 pm on Wednesday, November 22, 2023. You may call in via phone or the internet using the following: Join Zoom Meeting Meeting ID: 450 932 6156 One tap mobile +16465189805„4509326156# US (New York) +16699006833„4509326156# US (San Jose) Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) 5.5.3 The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals. INSTRUCTIONS TO PROPOSERS 00110- Page 16 of 276 870 5.5.4 Not Used. 5.6 MODIFICATION AND WITHDRAWAL OF PROPOSALS 5.6.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, except as provided in Section 5.7 (Right to Claim Error in Proposal), and each Proposer so agrees in submitting his/her Proposal. 5.6.2 Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by delivery to Monroe County Purchasing Department of a complete Proposal as modified. All envelopes shall be marked "Modified Proposal". Delivery shall comply with requirements for the original proposal. 5.6.3 Proposals may be withdrawn prior to the time and date designated for the receipt of Proposals. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers. 5.6.4 If required, the Proposal Security shall be in an amount equal to five percent (5%) of the of the modified proposal price. See Subsection 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. 5.7 RIGHT TO CLAIM ERROR IN PROPOSAL 5.7.1 Each Proposer's original work papers, documents, and materials used in preparation of the proposal shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than twenty-four (24) hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. Additionally, Proposers shall submit by email copies of their original work papers, documents, and materials used in preparation of the proposal to Monroe County Purchasing Department no later than twenty-four (24) hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. The contents of the email shall be clearly marked in the subject line of the email. Proposers who fail to submit their original work papers, documents, and materials used in the preparation of the proposal, as provided herein, waive all rights to claim error in the Proposal. 5.7.2 Owner will review documents submitted within the designated time frame for the purpose of determining the validity of the Proposer's claim. 5.7.3 Following review of the Proposer's claim at the election of the Owner, the Owner may: a. Allow the Proposer to withdraw the Proposal and the Owner retains the Proposal Security. b. Allow the Proposer to withdraw the Proposal and the Owner returns the Proposal Security. C. Allow the Proposer to enter into contract for the proposed Work at the original Proposal price. INSTRUCTIONS TO PROPOSERS 00110- Page 17 of 276 871 ARTICLE 6 CONSIDERATION OF PROPOSALS 6.1 OPENING OF PROPOSALS 6.1.1 The properly identified Proposals received on time will be opened at the Monroe County Purchasing Department. The public is permitted to be present via a virtually held bid opening as specified in Subsection 5.5.2. 6.1.2 Any Proposal not received by the Purchasing Department on or before the deadline for receipt of proposals designated in the Notice of Calling for Proposals will not be opened. 6.2 PROPOSALS TO REMAIN OPEN 6.2.1 All Proposals shall remain open and valid for ninety (90) days after the date designated for receipt of Proposals. 6.2.2 The Owner may, at its sole discretion, release any Proposal and return the Proposal Security before the ninety (90) days period has elapsed. 6.3 AWARD OF CONTRACT 6.3.1 The Owner reserves the right to reject any and all proposals, or any part of a proposal. The Owner reserves the right to waive variations from the specifications that do not render the proposal non-conforming, to re-advertise for competitive solicitations, or to abandon the project, purchase of goods, or request for competitive solicitations. The Owner retains the right to disregard non-conformities, non-responsive proposals or conditional proposals in the best interest of the County. 6.3.2 In evaluating Proposals, the Owner shall consider the qualifications of the proposers and whether or not the Proposals comply with the prescribed requirements in the Proposal Documents. 6.3.3 The Owner shall have the right to accept alternates in any order or combination and to determine the low proposer on the basis of the sum of the Base Proposal plus Alternates selected by the Owner. The Owner reserves the right to reject any or all Alternates in the selection process as is deemed necessary to keep the project within budget. 6.3.4 The Owner may consider the qualifications and experience of subcontractors and/or other entities (including those who are to furnish materials, or equipment fabricated to a special design) proposed for each of the principal portions of the Work as identified in the Proposal Documents. Proposers shall submit their listing of subcontractors. A Proposed Subcontractor Listing Form supplied by the Owner is to be completed for this purpose. 6.3.5 Not Used. 6.3.6 Not Used. INSTRUCTIONS TO PROPOSERS 00110- Page 18 of 276 872 6.3.7 Not Used. 6.3.8 Not Used. 6.3.9 The Owner may conduct such investigations, as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Proposers, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 6.3.10 The Owner reserves the right to request any additional information related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the person responding is responsible. 6.3.11 The Owner reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 6.3.12 If the Contract is awarded, it will be awarded to the lowest, conforming responsible, responsive Proposer at the discretion of the Board of County Commissioners. 6.3.13 If the Contract is to be awarded, the Owner will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of proposals. The Owner reserves the right to return all Proposals, not make any awards, and cancel the Project. The Owner reserves the right to not accept any proposals and advertise another RFP for the job. 6.3.14 The Owner is tax exempt and reserves the right to purchase directly various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Owner in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. The Contractor agrees that the amount of the purchase and the appropriate tax credit will be the subject of a deductive change order in recognition of the fact that the purchase and taxes were computed into the contractor's costs. 6.3.15 Tie Breaker Procedure: In the event the same competitive solicitation amounts are received from two (2) or more responders who are considered by the BOCC to be equally qualified and responsive or when two (2) or more responders are equal in rank and score, and only one (1) of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL, except where prohibited by federally funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. 6.3.16 Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the Notice of Decision or Intended Decision on Bonfire or posting of the Notice of Decision or Intended Decision INSTRUCTIONS TO PROPOSERS 00110- Page 19 of 276 873 on the Monroe County Board of County Commissioner' agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. 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. 6.4 EXECUTION OF CONTRACT 6.4.1 The contract shall be put in final form by Parks and Beaches and given to the Contractor for signature. The Contractor shall sign and deliver one (1) original of the Contract Agreement to Parks and Beaches within ten (10) days after receipt of a contract from Parks and Beaches. All other Contract Documents such as Insurance Certificates and a certified copy of a good and sufficient performance bond and payment bond are to be provided to Parks and Beaches within fourteen (14) days after approval of the contract by the Board of County Commissioners. A Notice to Proceed will be issued to the Contractor after approval of the contract by the BOCC and upon satisfactory compliance with these provisions. In no event shall the failure of the Contractor to provide satisfactory Insurance Certificates within the stipulated time be cause for an extension of the contract time. Parks and Beaches will return one (1) fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached upon receipt from the Owner. 6.5 OWNER'S RIGHT TO RETAIN PROPOSAL BOND AND AWARD TO NEXT LOWEST CONFORMING RESPONSIBLE PROPOSER In the event the Contractor is given Notice of Award in Section 6.3 above and fails to execute and deliver all contract documents required in Section 6.4 above, the Owner may exercise its right to retain the Proposal Security and award the contract to the next best ranked conforming responsible, responsive proposer. 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 INSTRUCTIONS TO PROPOSERS 00110- Page 20 of 276 874 performance of the Work. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. 7.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. End of Section 00110 INSTRUCTIONS TO PROPOSERS 00110- Page 21 of 276 875 SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 25-26 2. Bid Bond (Proposal Security) 28 3. Non-Collusion Affidavit 29 4. Lobbying and Conflict of Interest Clause 30 5. Drug-Free Workplace Form 31 6. Public Entity Crime Statement 32 7. Vendor Certification Regarding Scrutinized Companies Lists 33 8. Appendix A, 44 C.F.R. Part 18 —Certification Regarding Lobbying 34-36 9. Subcontractor Listing Form 37 10. Insurance Requirements and Policy and Procedures 38-39 11. Workers Compensation and Employers' Liability 40 12. General Liability 41 13. Vehicle Liability 42 14. Proposer's Insurance and Indemnification Statement 43-44 15. Insurance Agent's Statement 45 16. Minority Owned Business Declaration 46 17. Certification Regarding Debarment, Suspension, Ineligibility, 47 And Voluntary Exclusion 18. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. INFORMATION REQUIRED TO BE PROVIDED 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability PROPOSAL FORM 00120- Page 22 of 276 876 company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. B. A list of the officers and directors of the entity. C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). D. The number of years the person or entity has operated under its present name and any prior names. E. Answers to the following questions regarding claims and suits: 1) Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES ❑ NO ❑ 2) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ❑ NO 3) 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 lawsuits 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 be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO PROPOSAL FORM 00120- Page 23 of 276 877 4) Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ❑ NO ❑ 5) Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES ❑ NO ❑ 6) Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. 7) Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the email as "CONFIDENTIAL" one (1) original copy. ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from Subsection 119.07(1), Florida Statutes and Subsection 24(a), Article 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. PROPOSAL FORM 00120- Page 24 of 276 878 SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET, ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: Sport Surfaces LLC 7011 Wilson Road West Palm Beach FI 33413 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: KEY LARGO PICKLEBALL INSTALLATION 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 familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Threehundredandninety eight thousand Dollars. (Total Base Proposal-words) $ 398,000.00 Dollars. (Total Base Proposal — numbers) I acknowledge Alternates as follows: N/A PROPOSAL FORM 00120- Page 25 of 276 879 I acknowledge receipt of Addenda No.(s) No. 1 Dated 10/29/23 No. 2 Dated 11/3/23 No. 3 Dated 10/27/23 No. Dated PROPOSAL FORM 00120- Page 26 of 276 880 Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form 2. Proposal Security (Bid Bond) 3. Non-Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug-Free Workplace Form 6. Public Entity Crime Statement 7. Vender Certification Regarding Scrutinized Companies Lists 8. Appendix A, 44 C.F.R. Part 18—Certification Regarding Lobbying 9. Subcontractor List Form 10. Proposer's Insurance and Indemnification Statement 11. Insurance Agents Statement(signed by agent) 12. Answered Required Questions 13. Provided three (3) Customer References and three (3)Credit References 14. Provided three (3)years of Financial Statements in separate email marked "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License 16. Current Monroe County Occupational License 17. Minority Owned Business Declaration 18. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Business Sort Surfaces LLC Name: p DBA: Business EIN # 26-4143866 Business 7011 Wilson Road Mailing Address: Address: 7011 Wilson Road City, State, West Palm Beach FL West Palm Beach FL Zip City,State,Zip Phone: 561-964-2001 Local Phone: 561-964-2001 The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal. 10/25/23 Date: Signed: 10aa qd� Printed: Paul Gold Title: Manager Witness: PROPOSAL FORM 00120- Page 27 of 276 881 BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) PROPOSAL FORM 00120- Page 28 of 276 882 SECTION 00120 NON-COLLUSION AFFIDAVIT Paul Gold of the city according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Manager of the firm of Sport Surfaces LLC the proposer making the Proposal for the project described in the notice for calling for Pay sLargorCommunity Park Pickleball Courts 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; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge of said project. (Signature of Proposer) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: PROPOSAL FORM 00120- Page 29 of 276 883 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Sport Surfaces LLC if (Company) if 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: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: PROPOSAL FORM 00120- Page 30 of 276 884 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: Sport Surfaces LLC (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance 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 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. Proposer's Signature Date STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: PROPOSAL FORM 00120- Page 31 of 276 885 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Sport Surfaces LLC (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: PROPOSAL FORM 00120- Page 32 of 276 886 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Pickleball Court Construction Respondent Vendor Name:SPOrt Surfaces LLC Vendor FEIN: 26-4143886 Vendor's Authorized Representative Name and Title: Paul Gold - Manager Address: 7011 Wilson Road city: West Palm Beach State: FL Zip: 33413 Phone Number 561-964-2001 Email Address: sandra@sportsurfaces.com 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 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. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. 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. Certified By: Paul Gold - Manager who is authorized to sign on behalf of the above referenced company. Authorized Signature: Joaa 1qdZeZ1, Print Name: Paul Gold Title: Manager Note: The List are available at the following Department of Management Services Site: n. r.J/uwuww ,drns,rn Floirida,corn/�:� siinos cr Moir Lions/state �2.!E siin /�on��crir iinFcrirn� ticrin/ crin�icto�� s� U.............................................................................................`.............................................................................................!..............................................U................................................................................................➢...........................................................g........................................................................................................................................................................................................................11..... Inc.l.. .c........_ i irirr]„iinato.iE�`.......corr�pn!.giInts........veindcrlr........l.ists PROPOSAL FORM 00120- Page 33 of 276 887 APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor,Sport Surfaces LLC , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Pa,6d4a Signature of Contractor's Authorized Official Paul Gold - Manager 10/25/23 Name and Title of Contractor's Authorized Official Date PROPOSAL FORM 00120- Page 34 of 276 888 DISC,'LOSIURE Of LOBBYING AC..RITEE CONIRZTE 7HIS FORM TO r"MICLOSIZ. 3Z 'I jj'2 I Type c&Federil Actiom 1. Stitusof Federil Actiom-,, I Rlep-ort Iype: H a coll1ract ❑a.bA'offpl"Nppl�xtmn ❑ initial b gram b nzirinloawazd b Lwr.ehal chaqe, , I d %'&M For Materiall Clamp Omly: a. IDzuL pmanlee 7 ear irconel f VOxnin'nilmme �xte Tf IMt T'2pQrE k Name and Address of Ripyting Emfity & If,Reporting Emixty in No,4 is Smbawardee, Eml�er Name and AAildress of Prime.: ElprMle ElSubawwdee Tim iftnown, Cozges!io,nal District,Zlmowm Congressional Distnic.l.,if known 6. FELde.riJ DepartmemC.Agency-: '7a Federal Pragram.NgmeiDesiTiptian: C!FDA Number,ffappicable! Federal Actiom Number,ifknown':� pd Award Ammumd,iftmowm: 10. a. Niamenmd,4uddres,,ofLobbyEmirty b, Indhiftah Performimg Sernc*,s (mchzffing (If indivi&jall,I lmi mame,first name,Mlp addzeii Lf LffEreu from No. l0a) CIN'l nall'I'a,!first nalm.'M� (Jilach CoLtinuntion Sheit.(F"d:if neces'."ary) 11. Ammumt of Pqqment(chleck A that ipp)ly), 13. TY pe of Paymeak(ch'tckall th2t-Mppjly)' ❑74 1:na I El Plammd F-I a, recamer F-I b. onia-dmp-fe;! 12. FoTm al`Paymlent(Chleck all that apV, , y CoraniiiFA011 F1a ca&b d. cculiqeut fee F—I b wpeclty mabize e defeared vahm! f 06L-r'spacify' 14. RrjE4'Dc;criptjazi of,Serrices Perf`Umid or to be perform k�and Date(s)of Semiii*'mchudimg Off"serf A.,PMVIGTWA-'or member(s)comdarted,for Fq emt 113dicatedl in Item 11: (niach Cominnatm nE:essar-a) 15. Cazlimuadian Sheet(s)aflache& Yes ❑ '- El 16. Imimmat'na rK"m'l't;d thus, ram L's lr=6=4d bry M.3;K r7,5L Sactiam H 51 TIn&vIcnim aff Sipaujim: rl&LZMC4 wn R"d by th';6';T xk'ays whan hi Vanuink"M Print Name, pumot to,31,17,5C B52 rpF,YftA,d b:,C'cmp;.,%Nam=nEN md.,Avil bi;nn-ahabl,;f.:,r publcinspQcdam 'd. Ille: T. &VICmaU4 lh3a.bg V&JD:t.to 1,d7il pmmI'�' afmar Ica t"M Teleghoae No.!! Date: Awthc=ed fw Local Reprod;xtion Fede:ril U�ze,Only. Slmlud Form.-LILL, 2-6c IPAR.7 COIJIN7Y PROPOSAL FORM 00 120- Page 35 of 276 889 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90aENDIF» PROPOSAL FORM 00120- Page 36 of 276 890 SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address N/A PROPOSAL FORM 00120- Page 37 of 276 891 SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified complete copy of any or all insurance policies with all endorsements, amendments, exclusions and notice of changes to the policy as required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 276 892 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 276 893 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR KEY LARGO PICKLEBALL COURT INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Sport Surfaces LLC 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 and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 276 894 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO PICKLEBALL COURT INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Sport Surfaces LLC Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $500,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 276 895 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO PICKLEBALL COURT INSTALLATIONKEY LARGO PICKLEBALL COURT INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Sport Surfaces LLC Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 276 896 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Section 255.05, Florida Statutes. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 276 897 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 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Sport Surfaces LLC �Oazd?& PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 276 898 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 276 899 Minority Owned Business Declaration Sport Surfaces LLC , a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project: (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S.288.703 for more information. Contractor Sport Surfaces LLC Sub-Recipient: Monroe County j"c,ed LY6161)W SignatureV Signature PrintName: Paul Gold Printed Name: Title: Manager Title: Address: 7011 Wilson Road OMB Approved No. 1505-0271 City/State/zip West Palm Beach FL 33413 Date: 10/25/23 INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 276 900 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, Sport Surfaces LLC certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (21 Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: Sport Surfaces LLC �Oced lqea SignatureV Recipient's Name Paul Gold - Manager Name and Title Division Contract Number 7011 Wilson Road OMB Approved No. 1505-0271 Street Address West Palm Beach FL 33413 City, State, Zip Date 10/25/23 End of Section 00130 INSURANCE REQUIREMENTS AND FORMS 00130- Page 47 of 276 901 SECTION 00140 PRE-PROPOSAL SUBSTITUTIONS PART 1 - GENERAL 1.1 Document includes A. Pre-Proposal Substitutions 1.2 PROPOSER'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one (1) of the products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufacturers and stating "or equivalent", "or equal", or "Parks and Beaches approved equivalent", or similar wording, submit a request for substitutions, for any product or manufacturer which is not specifically named for review and approval by Owner and Architect. D. For products specified by naming only one (1) product/manufacturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. 1. Substitutions for products may be made during the proposal process by submitting completed substitution request form and substantiating product data/literature a minimum of ten (10) calendar days prior to the Proposal Date to Parks and Beaches. 2. Parks and Beaches will consider requests utilizing this section from the Proposer for substitution of products in place of those specified. 3. Those submitted fifteen (15) calendar days prior to Proposal Due Date will be included in an addendum if acceptable. 4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. PRE-PROPOSAL SUBSTITUTIONS 00140- Page 48 of 276 902 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. All effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Designation of required license fees or royalties. 7. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. Acceptance will require substantial revision of Contract Documents. 2. In the judgment of the Owner, the substitution does not include adequate information necessary for a complete evaluation. D. The Owner will determine the acceptability of any proposed substitution. 1.4 PROPOSER'S REPRESENTATION A. In making formal request for substitution, the Proposer represents that: 1. He/She has investigated the proposed product and has determined that it is equivalent to, or superior in all respects to that specified. 2. He/She will provide same warranties or bonds for substitution as for product specified. 3. He/She will coordinate installation of accepted substitution into the Work and will make such changes as may be required for the Work to be complete in all respects. 4. He/She waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his/her Contract, but not: a. Costs under separate contracts. b. Architect/Engineer's costs for redesign or revision of Contract Documents. 6. Cost data need not be submitted, if request is for inclusion in an addendum. 1.5 PARKS AND BEACHES' DUTIES A. Review requests for substitutions with reasonable promptness. PRE-PROPOSAL SUBSTITUTIONS 00140- Page 49 of 276 903 B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to the party submitting the request. 1.6 SUBSTITUTION REQUEST FORM A. The form is attached to this Section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with all required back-up data. PRE-PROPOSAL SUBSTITUTIONS 00140- Page 50 of 276 904 SUBSTITUTION FORM TO: Parks and Beaches PH: FAX: We hereby submit for your consideration the following product instead of the specified item for the above project: Drawing No. Drawing Name Spec Sec. Spec Name Paragraph Specified Item Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address City/State/Zip Code Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by Parks and Beaches: Approved Approved as noted Not Approved Received too late Insufficient data received By Date Fill in Blanks Below: PRE-PROPOSAL SUBSTITUTIONS 00140- Page 51 of 276 905 A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs, caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. Designation of maintenance services and sources: (Attach additional sheets if required.) End of Section 00140 PRE-PROPOSAL SUBSTITUTIONS 00140- Page 52 of 276 906 SECTION 00200 SITE SURVEY A. The Plat of Survey and other survey data are available in the Office of Parks and Beaches for review and are for the general information of the proposer. The data contained was prepared by the Owner for the Architect's use for the design of the project, and neither the Owner nor the Architect, nor Parks and Beaches make any representation, guarantee of warranty as to the accuracy or completeness of data indicated, expressed or implied. B. Proposers shall visit the site; make their own investigations, assumptions and conclusions as to the nature and extent of existing surface and overhead conditions affecting the work. Neither the Owner nor the Architect, nor Parks and Beaches 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 00200 SITE SURVEY 00200- Page 53 of 276 907 SECTION 00350 MILESTONE SCHEDULE/LIQUIDATED DAMAGES This section contains the project milestone schedule. The Contractor is required to determine his/her proposed schedule to meet these milestone dates. The Contractor is to note the following special milestone dates. 1. Proposal Documents Available 10/20/23 2. Pre-Proposal Conference 11/02/23 3. Last Day to Submit RFI's 11/07/23 4. Proposal Due Date 11/22/23 5. BOCC Award Date (Anticipated) 12/13/23 6. Notice to Proceed & Pre-Construction Meeting (Anticipated) 12/18/23 7. Substantial Completion (Anticipated) 06/15/24 The Contractor shall commence performance of this Contract within ten (10) calendar days after the date of issuance to the Contractor by Owner of the Notice to Proceed. Once commenced, Contractor shall diligently continue performance until completion of the Project. The Contractor shall accomplish Substantial Completion of the Project within One Hundred Eighty (180) calendar days. The Contractor shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter. The term "Substantial Completion" as used herein shall mean that point at which, as certified in writing by Parks and Beaches, the Project is at a level of completion in strict compliance with this Contract such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. The term "Final Completion" as used herein shall mean that point at which, as certified in writing by Parks and Beaches, that the Project is one hundred percent (100%) complete and in conformance with the Contract. LIQUIDATED DAMAGES Conditions Under Which Liquidated Damages Are Imposed—The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Parks and Beaches' signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. MILESTONE SCHEDULE 00350- Page 54 of 276 908 FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. End of Section 00350 MILESTONE SCHEDULE 00350- Page 55 of 276 909 KEY LARGO PICKLEBALL INSTALLATION SECTION 00500 AGREEMENT Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the (write out the date) BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: CONTRACTOR ADDRESS ADDRESS For the following Project: KEY LARGO PICKLEBALL INSTALLATION Scope of the Work The Scope of Work includes the installation of new Pickleball Courts at Key Largo Community Park.. The Contractor shall review and follow the attached Construction Drawings and Specifications provided by WSP USA Environment & Infrastructure, Inc. The Scope of Work includes the development of the vacant parcel located at 305 St. Croix Place into ten (10) asphaltic concrete pickleball courts with associated fencing, gates and sidewalks. See ATTACHMENT A. The Scope of Work shall include, but not be limited to, all work shown and listed in the Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the attached drawings, and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. The Contractor shall properly dispose of debris. AGREEMENT 00500- Page 56 of 276 910 KEY LARGO PICKLEBALL INSTALLATION 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 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Parks and Beaches' signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault AGREEMENT 00500- Page 57 of 276 911 KEY LARGO PICKLEBALL INSTALLATION or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of 100 Dollars ($ ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Parks and Beaches, and upon approval for payment issued by the Director of Parks and Beaches 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 (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the AGREEMENT 00500- Page 58 of 276 912 KEY LARGO PICKLEBALL INSTALLATION County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Parks and Beaches may require. This schedule, unless objected to by the Director of Parks and Beaches, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Parks and Beaches. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Parks and Beaches has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of five percent (5%) will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. ARTICLE 6 Final Payment AGREEMENT 00500- Page 59 of 276 913 KEY LARGO PICKLEBALL INSTALLATION Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Parks and Beaches. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in Section 01027 (Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. AGREEMENT 00500- Page 60 of 276 914 KEY LARGO PICKLEBALL INSTALLATION 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply 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 on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later or 2) a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c) and Section 603(c) of the Social Security AGREEMENT 00500- Page 61 of 276 915 KEY LARGO PICKLEBALL INSTALLATION Act, Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, and Interpretation. 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 AGREEMENT 00500- Page 62 of 276 916 KEY LARGO PICKLEBALL INSTALLATION between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities AGREEMENT 00500- Page 63 of 276 917 KEY LARGO PICKLEBALL INSTALLATION related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse 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 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or AGREEMENT 00500- Page 64 of 276 918 KEY LARGO PICKLEBALL INSTALLATION 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 setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination AGREEMENT 00500- Page 65 of 276 919 KEY LARGO PICKLEBALL INSTALLATION clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. AGREEMENT 00500- Page 66 of 276 920 KEY LARGO PICKLEBALL INSTALLATION m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, 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 Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. AGREEMENT 00500- Page 67 of 276 921 KEY LARGO PICKLEBALL INSTALLATION (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. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless 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 PHONE# 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 68 of 276 922 KEY LARGO PICKLEBALL INSTALLATION p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 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. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: 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. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute and case law. t) 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. u) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include, but not be limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. v) 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. w) 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 AGREEMENT 00500- Page 69 of 276 923 KEY LARGO PICKLEBALL INSTALLATION together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the (County) Agency's sovereign immunity. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, AGREEMENT 00500- Page 70 of 276 924 KEY LARGO PICKLEBALL INSTALLATION reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. y) 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. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. AGREEMENT 00500- Page 71 of 276 925 KEY LARGO PICKLEBALL INSTALLATION (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. aa)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 its subcontractors shall include the COUNTY as additional insured. bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. dd) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners and signed by both parties before it becomes effective. ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or AGREEMENT 00500- Page 72 of 276 926 KEY LARGO PICKLEBALL INSTALLATION by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Sport Surfaces LLC 7011 Wilson Road West Palm Beach FL 33413 For Owner: Director of Parks and Beaches Assistant County Administrator, PW& E 102050 Overseas Hwy 1100 Simonton St. Key Largo, Florida 33037 Key West, Florida 33040 County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Contract Work Hours and Safety Standards Act (40 U.S.C. �W01-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. AGREEMENT 00500- Page 73 of 276 927 KEY LARGO PICKLEBALL INSTALLATION (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1) through (4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1) through (4) 7.8.2 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 AGREEMENT 00500- Page 74 of 276 928 KEY LARGO PICKLEBALL INSTALLATION organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.3 Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- 7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate 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 $100,000. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to Department of the Treasury/Federal Agency and the appropriate EPA Regional Office. 7.8.4 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at wwa :... irm„ ,)v. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including AGREEMENT 00500- Page 75 of 276 929 KEY LARGO PICKLEBALL INSTALLATION that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. 7.8.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,000, the certification, attached hereto as Exhibit "B" and made a part hereof, must be signed and submitted by the Contractor to the County. 7.8.6 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. 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. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired — 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, !fttt ....//uyuyuy..:.:':".t.g..:. �v/sirr rr )ire° ,)r(,,,h(;,nsliv ,k....� it ) uir(,,,ire (,.,,nt....q ii j kllii..! .:k":::: .I .... it irairm°�. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 7.8.7 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 AGREEMENT 00500- Page 76 of 276 930 KEY LARGO PICKLEBALL INSTALLATION 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 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (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 believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 7.8.8 Domestic Preference for Procurements as set forth in 2 CFR �200.322 The County and Contractor should, to the greatest 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). The 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. 7.8.9 Copeland "Anti-Kickback" Act (2 C.F.R. 200, Appendix II (D); 40 U.S.C. �3145). This section applies if the contract is in excess of $2,000 and pertains to construction or repair, and further, if required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall 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 it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. Other Federal and Department of the Treasury Requirements (as applicable) AGREEMENT 00500- Page 77 of 276 931 KEY LARGO PICKLEBALL INSTALLATION 7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. 7.8.12 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.13 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that Department of the Treasury financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Section 602 and Section 603 of the Social Security Act, regulations adopted by the Department of the Treasury pursuant to Section 602(f) and Section 603(f) of the Act, and guidance issued by the Department of the Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award an subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. AGREEMENT 00500- Page 78 of 276 932 KEY LARGO PICKLEBALL INSTALLATION iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,1 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 7.8.14 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, contractor or any other party pertaining to any matter resulting from the contract. 7.8.15 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy. 7.8.16 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.17 The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment "B" and made a part of this Agreement. 7.8.18 The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. AGREEMENT 00500- Page 79 of 276 933 KEY LARGO PICKLEBALL INSTALLATION 7.8.19 Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.8.20 Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict- of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Attachment B. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 7.8.21 Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. 7.8.22 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 7.8.23 Publications. Any publications produced with funds from the federal award as set forth in Attachment B must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 7.8.24 Debts Owed to the Federal Government. a) Any funds paid to Contractor (1) in excess of the amount to which the Contractor is finally determined to be authorized to retain under the terms of the federal award as set forth in Attachment B; (2) that are determined by the Department of the Treasury Office of Inspector General to have been misused; or (3) that are determined by the Department of the Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b) Any debts determined to be owed the federal government must be paid promptly by the Contractor. A debt is delinquent if it has not been paid by the date specified in the Department of the Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set AGREEMENT 00500- Page 80 of 276 934 KEY LARGO PICKLEBALL INSTALLATION forth in Attachment B. The Department of the Treasury will take any actions available to it to collect such a debt. 7.8.25 Disclaimer. a) The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment B or any other losses resulting in any way from the performance of services pursuant to any contract or subcontract under this award. b) The acceptance of this funds provided by the federal award as set forth in Attachment B by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 7.8.26 Protections for Whistleblowers. a) In accordance with 41 U.S.C. § 4712, The Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b) The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c) The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. AGREEMENT 00500- Page 81 of 276 935 KEY LARGO PICKLEBALL INSTALLATION 7.8.27 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles and encourage its subcontractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company- owned, rented or personally owned vehicles. 7.8.28 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 7.8.29 Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. 170.320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. 170.320 (and subcontracts); (c) the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320; and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at t1?...//uyuyuy..:. .:k" ..:..q.ov/ nsweir /execoirm.i.��..::.hDirm„i. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days' written notification to the Contractor. AGREEMENT 00500- Page 82 of 276 936 KEY LARGO PICKLEBALL INSTALLATION 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. AGREEMENT 00500- Page 83 of 276 937 KEY LARGO PICKLEBALL INSTALLATION ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Construction Drawings titled "Roofing Replacement — 2945-2975 Overseas Highway, Marathon, FL 33050" provided by Perez Engineering & Development, Inc. dated 12/23/2022, 6 pages total. b) Specifications provided by Perez Engineering & Development, Inc., 32 pages total. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date Page This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT 00500- Page 84 of 276 938 KEY LARGO PICKLEBALL INSTALLATION Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date CONTRACTOR'S Witnesses Attest: CONTRACTOR: Contractor must provide two witnesses signatures Signature: Signature: Print Name: Print Name: Title: Date: Date: and Signature: Print Name: Date: STATE OF COUNTY OF On this day of , 20_, before me, the undersigned notary public, by means of ❑ physical presence or ❑ online, personally appeared (name of affiant) known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for KEY LARGO PICKLEBALL COURT INSTALLATION for the purposes therein contained. Notary Public Print Name My commission expires: (Seal) End of Section 00500 AGREEMENT 00500- Page 85 of 276 939 KEY LARGO PICKLEBALL INSTALLATION GENERAL REQUIREMENTS Where Parks and Beaches is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties GENERAL REQUIREMENTS Page 86 of 276 940 KEY LARGO PICKLEBALL COURT INSTALLATION Section 00750 General Conditions of the Contract for Construction Where Parks and Beaches is Not a Constructor Table of Articles 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract GENERAL CONDITIONS Page 87 of 276 941 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches. 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 Parks and Beaches and Contractor, (3) between the Engineer and Parks and Beaches, (4) between the Owner and a Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Parks and Beaches and Architect. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Parks and Beaches. 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. GENERAL CONDITIONS 00750- Page 88 of 276 942 KEY LARGO PICKLEBALL COURT INSTALLATION 1.2 Execution, Correlation and Intent 1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the 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 Engineer. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Parks and Beaches, 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 GENERAL CONDITIONS 00750- Page 89 of 276 943 KEY LARGO PICKLEBALL COURT INSTALLATION and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from Parks and Beaches at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11"x 17" drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities, the Owner shall secure and pay for necessary approvals, easements, assessments and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, except for permits and fees which are the responsibility of the Contractor under the Contract Documents. It is the Contractor's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Parks and Beaches and may contemporaneously provide the same communications to the Engineer. GENERAL CONDITIONS 00750- Page 90 of 276 944 KEY LARGO PICKLEBALL COURT INSTALLATION 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice 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 Parks and Beaches' and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of twenty-four (24) hours' notice. In the event of safety issues determined to be of a serious nature, as determined by Parks and Beaches, notice will be given, and Contractor is required to rectify any deficiency immediately. 3.0 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Parks and Beaches, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor GENERAL CONDITIONS 00750- Page 91 of 276 945 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Parks and Beaches or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Parks and Beaches and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Parks and Beaches and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Parks and Beaches and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of Parks and Beaches 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 Parks and Beaches 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 GENERAL CONDITIONS 00750- Page 92 of 276 946 KEY LARGO PICKLEBALL COURT INSTALLATION 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Parks and Beaches, the Contractor will remove and/or replace the employee at the request of Parks and Beaches. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Parks and Beaches, 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, Parks and Beaches and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including 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 Parks and Beaches, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices GENERAL CONDITIONS 00750- Page 93 of 276 947 KEY LARGO PICKLEBALL COURT INSTALLATION 3.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Contractor will be responsible for all building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Parks and Beaches, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Parks and Beaches, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to Parks and Beaches and shall not be changed, except with the consent of Parks and Beaches, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and Parks and Beaches' approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to Parks and Beaches' approval. GENERAL CONDITIONS 00750- Page 94 of 276 948 KEY LARGO PICKLEBALL COURT INSTALLATION 3.10.2 The Contractor shall cooperate with Parks and Beaches in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.3 The Contractor shall conform to the most recent schedules. 3.10.4 Parks and Beaches will schedule and conduct a project meeting at a minimum of one (1) meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one (1) record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Parks and Beaches and Architect and shall be delivered to Parks and Beaches for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Parks and Beaches is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to Parks and Beaches, in accordance with the schedule and sequence approved by Parks and Beaches, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Parks and Beaches 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 Parks and Beaches. Such Work shall be in accordance with approved submittals. GENERAL CONDITIONS 00750- Page 95 of 276 949 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Parks and Beaches and Architect in writing of such deviation at the time of submittal and Parks and Beaches have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Parks and Beaches' 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 Parks and Beaches and Architect on previous submittals. 3.12.10 Informational submittals upon which Parks and Beaches 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, Parks and Beaches and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Parks and Beaches for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Parks and Beaches before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not GENERAL CONDITIONS 00750- Page 96 of 276 950 KEY LARGO PICKLEBALL COURT INSTALLATION cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Parks and Beaches, 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 Parks and Beaches shall also be required. The Contractor shall not unreasonably withhold from Parks and Beaches or any separate contractor his/her consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the installation of his/her materials and equipment and the execution of his/her work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 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 Parks and Beaches. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Parks and Beaches may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Parks and Beaches and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Parks and Beaches and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and Parks and Beaches. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) GENERAL CONDITIONS 00750- Page 97 of 276 951 KEY LARGO PICKLEBALL COURT INSTALLATION any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 Parks and Beaches 4.2.1 Parks and Beaches is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Parks and Beaches" means Monroe County Parks and Beaches Department or Parks and Beaches' authorized representative. 4.3 Duties, responsibilities and limitations of authority of Parks and Beaches and Architect as set forth in the Contract Documents shall not be restricted, modified or extended GENERAL CONDITIONS 00750- Page 98 of 276 952 KEY LARGO PICKLEBALL COURT INSTALLATION without written consent of the Owner, Parks and Beaches, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 Parks and Beaches and Engineer will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Parks and Beaches and Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 Parks and Beaches and Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 Parks and Beaches will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Parks and Beaches and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Parks and Beaches and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 Parks and Beaches will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, Parks and Beaches will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect, Parks and Beaches 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 Parks and Beaches 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 GENERAL CONDITIONS 00750- Page 99 of 276 953 KEY LARGO PICKLEBALL COURT INSTALLATION Documents. Neither Parks and Beaches nor the Architect will have control over, or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Parks and Beaches, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Parks and Beaches and shall be contemporaneously provided to the Architect. 4.6.8 Parks and Beaches will review and certify all Applications for Payment by the Contractor, including final payment. Parks and Beaches will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractors into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Parks and Beaches. 4.6.9 Based on Parks and Beaches' observations and evaluations of Contractors' Applications for Payment, Parks and Beaches will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 Parks and Beaches 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 Parks and Beaches. Subject to review, Parks and Beaches will have the authority to reject Work which does not conform to the Contract Documents. Whenever Parks and Beaches considers it necessary or advisable for implementation of the intent of the Contract Documents, Parks and Beaches will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Parks and Beaches will be subject to the provisions of Subparagraphs 4.6.17 through 4.6.19 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Parks and Beaches' authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Parks and Beaches to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 Parks and Beaches 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. Parks and Beaches 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 Parks and Beaches 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 GENERAL CONDITIONS 00750- Page 100 of 276 954 KEY LARGO PICKLEBALL COURT INSTALLATION the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Parks and Beaches 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 Parks and Beaches, 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. Parks and Beaches review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. Parks and Beaches' review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Parks and Beaches, of any construction means, methods, techniques, sequences or procedures. Parks and Beaches' approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Parks and Beaches will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner, Parks and Beaches will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.3. 4.6.15 The Contractor will assist Parks and Beaches in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to Parks and Beaches written warranties and related documents required by the Contract and assembled by the Contractor. Parks and Beaches will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.16 Parks and Beaches will provide one (1) or more project representatives to assist in carrying out his/her responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.17 Parks and Beaches will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. Parks and Beaches' 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 Parks and Beaches shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Parks and Beaches to furnish such interpretations until fifteen (15) days after written request is made for them. 4.6.18 Interpretations and decisions of Parks and Beaches 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, Parks and Beaches 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 00750- Page 101 of 276 955 KEY LARGO PICKLEBALL COURT INSTALLATION 4.6.19 Parks and Beaches' 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 Parks and Beaches shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice submitted to the designated representative. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in writing to the Owner's representative in a timely manner. 4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Contractor seeks to make a claim for an increase in the contract price, as a condition precedent to any liability of the Owner therefore, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of this Section and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: 1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract GENERAL CONDITIONS 00750- Page 102 of 276 956 KEY LARGO PICKLEBALL COURT INSTALLATION Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. Parks and Beaches will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.6.1 As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and Owner Engineer written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Parks and Beaches, (2) a written order for a minor change in the Work issued by Parks and Beaches, (3) failure of payment by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, a Claim shall be filed in accordance with the procedure established herein. In a claim by the Contractor against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Contractor shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Contractor or any estimated costs or damages. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 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 GENERAL CONDITIONS 00750- Page 103 of 276 957 KEY LARGO PICKLEBALL COURT INSTALLATION the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS AND SUB-SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 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 Parks and Beaches for review by the Owner and Parks and Beaches 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. Parks and Beaches will promptly reply to the Contractor in writing stating whether or not the Owner or Parks and Beaches, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Parks and Beaches 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 Parks and Beaches has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Parks and Beaches has made reasonable objection. 5.2.3 If the Owner or Parks and Beaches refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute. However, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Parks and Beaches 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 GENERAL CONDITIONS 00750- Page 104 of 276 958 KEY LARGO PICKLEBALL COURT INSTALLATION the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or Parks and Beaches. Each subcontract agreement shall preserve and protect the rights of the Owner or Parks and Beaches under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub- subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. I. If the work has been suspended for more than thirty (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 Parks and Beaches. 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 Parks and Beaches, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his/her work with the work of other contractors on the site. The Owner and Parks and Beaches shall be held harmless for any and all costs and time increases associated with improper coordination. GENERAL CONDITIONS 00750- Page 105 of 276 959 KEY LARGO PICKLEBALL COURT INSTALLATION 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Parks and Beaches 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 Parks and Beaches any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he/she is entitled to an extension of time for completion of any portion or portions of the work, he/she shall, within seventy-two (72) hours of the occurrence of the cause of the delay, notify Parks and Beaches in writing, of his/her contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Parks and Beaches within seventy-two (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he/she shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he/she shall have no claim against the Owner or Parks and Beaches for an increase in the Contract price, nor a GENERAL CONDITIONS 00750- Page 106 of 276 960 KEY LARGO PICKLEBALL COURT INSTALLATION claim against the Owner or Parks and Beaches for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his/her work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Parks and Beaches 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, Parks and Beaches and Contractor. A Construction Change Directive require agreement by the Owner, Parks and Beaches and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by Parks and Beaches alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order is a written instrument prepared by Parks and Beaches and signed by the Owner, Parks and Beaches 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. GENERAL CONDITIONS 00750- Page 107 of 276 961 KEY LARGO PICKLEBALL COURT INSTALLATION 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Parks and Beaches 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 Parks and Beaches. 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 Parks and Beaches 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 Parks and Beaches with all supporting documentation required by Parks and Beaches 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 Parks and Beaches. 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 Parks and Beaches. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be a net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in GENERAL CONDITIONS 00750- Page 108 of 276 962 KEY LARGO PICKLEBALL COURT INSTALLATION the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 If the Contractor performs the actual Work, the maximum percentage mark- up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); .2 If the Subcontractor performs the actual Work, the subcontractor's percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); .3 If the Subcontractor performs part of the actual Work, his/her percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his/her direct Work only. If the Contractor performs part of the actual Work, his/her percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Parks and Beaches, 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 Parks and Beaches such as certified quotations or invoices shall be provided by the Contractor to Parks and Beaches at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him/her by Parks and Beaches, by drawings or otherwise, involve extra Work not covered by the Contract, he/she shall give Parks and Beaches 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 Parks and Beaches for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.2.8 One or more changes to the Work within the general scope of this Contract, may be ordered by Change Order. The Owner may also issue written directions for changes in GENERAL CONDITIONS 00750- Page 109 of 276 963 KEY LARGO PICKLEBALL COURT INSTALLATION the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the terms and conditions otherwise provided for in the Contract. 7.2.9 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, this Contract as thus amended, the Contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Contractor knew or should have known. 7.3 Authority 7.3.1 Parks and Beaches will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through Parks and Beaches 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 Notice to Proceed per this Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by Parks and Beaches 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/Parks and Beaches shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of GENERAL CONDITIONS 00750- Page 110 of 276 964 KEY LARGO PICKLEBALL COURT INSTALLATION 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, Parks and Beaches, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Parks and Beaches, or by any other cause which Parks and Beaches determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Parks and Beaches may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Parks and Beaches not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his/her refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 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 Parks and Beaches, a schedule of values allocated to various portions of the Work, prepared in GENERAL CONDITIONS 00750- Page III of 276 965 KEY LARGO PICKLEBALL COURT INSTALLATION such form and supported by such data to substantiate its accuracy as Parks and Beaches may require. This schedule, unless objected to by Parks and Beaches, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen (15) days before the date established for each progress payment, the Contractor shall submit to Parks and Beaches 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 Parks and Beaches may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Each application for payment of materials stored onsite shall not exceed the amount of the certified vendor invoice(s) for said materials, less retainage per Sec. 00500, 5.6.1-5.8 and F.S. 218.735 (8)(a). 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment GENERAL CONDITIONS 00750- Page 112 of 276 966 KEY LARGO PICKLEBALL COURT INSTALLATION 9.4.1 Parks and Beaches 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 Parks and Beaches' receipt of the Project Application for Payment, Parks and Beaches will either approve the Application for Payment, with a copy to the Contractor, for such amount as Parks and Beaches determine is properly due, or notify the Contractor in writing of Parks and Beaches' 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 Parks and Beaches 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 Parks and Beaches' 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 Parks and Beaches. 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 Parks and Beaches has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Parks and Beaches may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Parks and Beaches cannot agree on a revised amount, Parks and Beaches shall process the Application for the amount it deems appropriate. Parks and Beaches 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 Parks and Beaches, 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 Parks and Beaches. GENERAL CONDITIONS 00750- Page 113 of 276 967 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches 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 Parks and Beaches. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by Parks and Beaches 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 Parks and Beaches will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner and Parks and Beaches on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Parks and Beaches shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right GENERAL CONDITIONS 00750- Page 114 of 276 968 KEY LARGO PICKLEBALL COURT INSTALLATION of the Owner or Parks and Beaches 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/her suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or 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 Parks and Beaches 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, Parks and Beaches 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 Parks and Beaches. The Contractor shall then submit a request for another inspection by Parks and Beaches, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, Parks and Beaches will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Parks and Beaches, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use GENERAL CONDITIONS 00750- Page 115 of 276 969 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches 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 Parks and Beaches. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Parks and Beaches and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Parks and Beaches a written Notice that the Work is ready for final inspection and acceptance and shall also forward to Parks and Beaches a final Contractor's Application for Payment. Upon receipt, Parks and Beaches will promptly make such inspection. When Parks and Beaches, finds the Work acceptable under the Contract Documents and the Contract fully performed, Parks and Beaches 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. Parks and Beaches' 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 Parks and Beaches (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least thirty ( 30) days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to GENERAL CONDITIONS 00750- Page 116 of 276 970 KEY LARGO PICKLEBALL COURT INSTALLATION final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in Section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment. (2) Continuation Sheet. (3) Certificate of Substantial Completion. (4) Contractor's Affidavit of Debts and Claims. (5) Contractor's Affidavit of Release of Liens. (6) Final Release of Lien. (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Project Management that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY GENERAL CONDITIONS 00750- Page 117 of 276 971 KEY LARGO PICKLEBALL COURT INSTALLATION 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to Parks and Beaches for review, approval and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Parks and Beaches 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 Parks and Beaches in writing. The Owner, Contractor and Parks and Beaches shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Parks and Beaches the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Parks and Beaches will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Parks and Beaches has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Parks and Beaches 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 GENERAL CONDITIONS 00750- Page 118 of 276 972 KEY LARGO PICKLEBALL COURT INSTALLATION the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Parks and Beaches or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Parks and Beaches. 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 GENERAL CONDITIONS 00750- Page 119 of 276 973 KEY LARGO PICKLEBALL COURT INSTALLATION See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00130, Insurance Requirements and Forms which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Parks and Beaches as satisfactory evidence of the required insurance: either Certificate of Insurance or a certified complete copy of the actual insurance policy with all endorsements, amendments, exclusions and notices of changes to the policy, at the County's discretion. 11.1.5 The County, at its sole option, has the right at any time to request and obtain a certified complete copy of any or all insurance policies required by this Contract. 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. GENERAL CONDITIONS 00750- Page 120 of 276 974 KEY LARGO PICKLEBALL COURT INSTALLATION 11.1.9 In addition, the Monroe County Board of County Commissioners will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: See Section 00130, Insurance Requirements and Forms, for the minimum requirements. 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of Florida. The Owner shall require the Contractor to furnish a certified copy of the recorded Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If change orders render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Parks and Beaches' request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by Parks and Beaches, 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 Parks and Beaches has not specifically requested to observe prior to its being covered, Parks and Beaches 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 Parks and Beaches 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 Parks and Beaches' services and expenses made necessary thereby. GENERAL CONDITIONS 00750- Page 121 of 276 975 KEY LARGO PICKLEBALL COURT INSTALLATION 12.2.2 If, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial 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 Parks and Beaches, 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 (10) days after written notice, the Owner may upon ten (10) additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for Parks and Beaches' services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and GENERAL CONDITIONS 00750- Page 122 of 276 976 KEY LARGO PICKLEBALL COURT INSTALLATION correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Parks and Beaches (as the case may be) and the Contractor each binds himself/herself, his/her partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 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 Parks and Beaches. 13.3 Not used. 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Parks and Beaches, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Parks and Beaches timely notice of when and where tests and inspections are to be made so Parks and Beaches 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. GENERAL CONDITIONS 00750- Page 123 of 276 977 KEY LARGO PICKLEBALL COURT INSTALLATION 13.5.2 If Parks and Beaches, 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, Parks and Beaches will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to Parks and Beaches of when and where tests and inspections are to be made so Parks and Beaches 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 Parks and Beaches' services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Parks and Beaches. 13.5.5 If Parks and Beaches is to observe tests, inspections or approvals required by the Contract Documents, Parks and Beaches will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 Otherwise is guilty of substantial breach of a provision of the Contract GENERAL CONDITIONS 00750- Page 124 of 276 978 KEY LARGO PICKLEBALL COURT INSTALLATION Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with Parks and Beaches, and upon certification by Parks and Beaches that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seventy-two (72) hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1. the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination, the Owner shall pay for work completed to date of Termination. End of Section 00750 GENERAL CONDITIONS 00750- Page 125 of 276 979 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 00970 PROJECT SAFETY AND HEALTH PLAN A. REGULATIONS AND POLICIES Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3) The Contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the Contracting Officer to render a decision. No waiver or variance will be approved if it endangers any person. The Contractor shall not proceed under any requested revision of provision until the Contracting Officer has given written approval. The Contractor is to hold and save harmless Monroe County, Florida free from any claims or causes of action whatsoever resulting from the Contractor or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: U.S. Government Printing Office Bookstore 710 North Capitol Street N.W. Washington, DC 20401 b.11..t)...'/. a :.::.. c c)v/alL)c)uD bc)c)k,<;� sir ,k.h�irm°� B. GENERAL CONTRACTOR REQUIREMENTS 1.0 SAFETY PROGRAM Each Contractor and sub-contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The Contractor is to submit in writing a proposed comprehensive site specific safety program for approval to the Contracting Officer for Monroe County before the start of construction operations. The program is to specifically state what provisions the Contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. PROJECT SAFETY AND HEALTH PLAN 00970- Page 126 of 276 980 KEY LARGO PICKLEBALL COURT INSTALLATION The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1.1 PRECONSTRUCTION SAFETY MEETING Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.2 JOINT SAFETY POLICY COMMITTEE The Contractor or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee with Monroe County Parks and Beaches and Contractor supervisory personnel. At these meetings the Contractor's project manager and the Contracting Officer will review the effectiveness of the Contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work. 1.3 SAFETY PERSONNEL Each Contractor is to designate a competent supervisory employee satisfactory to the Contracting Officer to administer the safety program. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 1.4 SAFETY MEETINGS A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.5 SAFETY INSPECTION The Contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies. PROJECT SAFETY AND HEALTH PLAN 00970- Page 127 of 276 981 KEY LARGO PICKLEBALL COURT INSTALLATION Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate (10%) ten percent of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed duration of three (3) hours. In summary, there will be a three-part clean-up plan. 1. The first part consists of the Contractor cleaning up on a daily basis, his workstations, and his/her trade work. 2. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of one (1) crew is to be utilized by each contractor, or ten (10%) percent, whichever is more. 3. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his/her work. In this case, the appropriate contractors will be back charged. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the Contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. C. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.6 FIRST AID TRAINING Every Contractor foreman's work crew must include an employee who has a current first aid certificate from the, American Red Cross, or other Monroe County approved organization. 1.7 REPORTS PROJECT SAFETY AND HEALTH PLAN 00970- Page 128 of 276 982 KEY LARGO PICKLEBALL COURT INSTALLATION Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the Contracting Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Contractor is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to investigation of an accident. 1.8 CERTIFICATION OF INSURANCE Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance required under the contract. 2.0 FIRST AID AND MEDICAL FACILITIES 2.1 FIRST AID KITS A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well-identified, locations at the ratio of at least one (1) kit for each twenty-five (25) employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID At least one (1) employee certified to administer emergency first aid must be available on each shift and duly designated by the Contractor to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.3 COMMUNICATION AND TRANSPORTATION Prior to the start of work, the Contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. 2.4 FIRST AID AND MEDICAL REPORTS The Contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include: (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses; PROJECT SAFETY AND HEALTH PLAN 00970- Page 129 of 276 983 KEY LARGO PICKLEBALL COURT INSTALLATION (b) Cumulative record of injury for each individual; (c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.6 EMERGENCY LISTING A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. No personal radios or stereos will be allowed on the job-site. 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The Contractor is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS Operators of motor vehicles engaged primarily in the transportation of personnel are to be (18) eighteen years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT PROJECT SAFETY AND HEALTH PLAN 00970- Page 130 of 276 984 KEY LARGO PICKLEBALL COURT INSTALLATION 4.1 HARDHAT AREAS The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Contractor shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Contractor at entries to shops, construction yards, and job access points. 4.3 SAFETY GOGGLES (DRILLERS) 4.3.1 DRILLERS AND HELPERS Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT 5.1 SAFE CONDITION Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators. 5.2 TAGGING AND LOCKING The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE PROJECT SAFETY AND HEALTH PLAN 00970- Page 131 of 276 985 KEY LARGO PICKLEBALL COURT INSTALLATION The Contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. 5.3.2 SINGLE-LANE HAUL ROADS Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed twelve percent (12%) and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance. 5.3.5 OPERATORS Machinery and mechanized equipment shall be operated only by authorized qualified persons. 5.3.6 RIDING ON EQUIPMENT Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers. 5.3.7 GETTING ON OR OFF EQUIPMENT Getting on or off equipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than (12) twelve hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4.1 PERFORMANCE TEST PROJECT SAFETY AND HEALTH PLAN 00970- Page 132 of 276 986 KEY LARGO PICKLEBALL COURT INSTALLATION Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the Contracting Officer. Test data shall be recorded and a copy furnished to the Contracting Officer. 5.4.2 PERFORMANCE TEST—POWER CRANES (Crawler mounted, truck mounted and wheel mounted) The performance test is to be carried out as per ANSI requirements. The test is to consist of raising, lowering, and braking the load and rotating the test load through 3600 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case. 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) twelve months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment. 5.4.7 BOOM STOPS Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 830 or less, until completely stopping the boom at not over 870 above horizontal. 5.4.8 SAFETY HOOKS PROJECT SAFETY AND HEALTH PLAN 00970- Page 133 of 276 987 KEY LARGO PICKLEBALL COURT INSTALLATION Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning. 5.5.1 ROLLOVER PROTECTIVE STRUCTURES OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment. 5.5.2 EQUIPMENT REQUIRING ROPS The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or Concrete Boom Truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding (75%) seventy-five percent of the cranes stability / structural capacity chart, requiring movement of a crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads requiring two (or more) hooks, work over occupied facilities, or work involving encroachment on public rights of way are considered critical. These lifts must be authorized in advance. Critical crane lift plans, if authorized, may have to be reviewed by a professional engineer (PE) (the contractor shall budget the PE review within project budget). Additionally, a critical lift JHA shall be submitted with the Crane Lift Plan. Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization —five (5) days for critical and helicopter lifts. Crane Lift Plans must be based on "worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one (1) day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. PROJECT SAFETY AND HEALTH PLAN 00970- Page 134 of 276 988 KEY LARGO PICKLEBALL COURT INSTALLATION The Crane Lift Plan must be COMPLETE along with attachments — see Section 5 for the required Attachments. All rigging devices MUST bear the name of the manufacturer and be certified as to their capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.), may be acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions (moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan to be amended. The Contractor is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. The Contractor is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The Contractor is responsible to obtain all information that is necessary to develop a power line safety plan. The Contractor is responsible to train all personnel involved in the Assembly / Disassembly and or Crane Lift. The Contractor must provide the following information along with the Crane Lift Plan: • Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger, and Signal Person • Load Chart (complete with notes) • Range Chart • Dimension Illustration and Specifications for Crane • Lightning and Wind Restrictions (from operator's manual) • Area (Quadrant) of Operation Diagram • Operators License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project • Jurisdictional Registration, if required • JHA for Assembly / Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • Third Party Inspection Certification and Report — see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA) • Weights of Materials • Rigging Plan • Logistics Plan The Contractor shall comply with the Site Specific Safety Plan. PROJECT SAFETY AND HEALTH PLAN 00970- Page 135 of 276 989 KEY LARGO PICKLEBALL COURT INSTALLATION The Contractor / Crane Company / Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Contractor, subcontractors, and Monroe County. No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. 6.0 LADDERS AND SCAFFOLDING 6.1 LADDERS OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451 Scaffolds, platforms, or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104 Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than (6) six feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage 1. does not block the opening to within one (1) foot of the sides of the shaft, unless cages are provided. 7.0 FIRE PROTECTION 7.1 Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES 8.1 It shall be the Contractor's sole and exclusive responsibility: PROJECT SAFETY AND HEALTH PLAN 00970- Page 136 of 276 990 KEY LARGO PICKLEBALL COURT INSTALLATION (a) To provide personnel capable of working adjacent to energized electrical lines or other utilities. (b) To provide adequate, safe, and properly maintained equipment. (c) To conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed. (d) To continuously supervise and inspect the work being performed, to assure that the requirements of(a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or Parks and Beaches. 9.0 BARRICADES, WARNING DEVICES AND LIGHTING 9.1 The Contractor shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his/her work to comply with Federal, State, and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection, and maintenance of such facilities at all times. 9.2 It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. 9.3 It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or Parks and Beaches. 9.4 The Contractor shall provide a security fence around the area of the Work so as to prevent entry into the Work area by unauthorized personnel and the general public. The fence shall have fence post bases that eliminate the need to penetrate the ground for support. 10.0 HAZARDOUS MATERIALS 10.1 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Parks and Beaches 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 PROJECT SAFETY AND HEALTH PLAN 00970- Page 137 of 276 991 KEY LARGO PICKLEBALL COURT INSTALLATION asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.2 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to Parks and Beaches in writing. The Owner, Contractor, and Parks and Beaches shall then proceed in the same manner described in Subparagraph 10.1 10.4 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Parks and Beaches the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Parks and Beaches will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Parks and Beaches has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Parks and Beaches have no reasonable objection. 11.0 SAFETY OF PERSONS AND PROPERTY 11.1 The Contractor shall take reasonable precautions for safety of, and shall provide 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. 11.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury, or loss. 11.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including PROJECT SAFETY AND HEALTH PLAN 00970- Page 138 of 276 992 KEY LARGO PICKLEBALL COURT INSTALLATION posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 11.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 11.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses11.1.1-11.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 11.1.1-11.1.4, except damage or loss attributable to acts or omissions of the Owner, Parks and Beaches, or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. 11.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Parks and Beaches. 11.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 12.0 EMERGENCIES 12.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. End of Section 00970 PROJECT SAFETY AND HEALTH PLAN 00970- Page 139 of 276 993 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.0 RELATED DOCUMENTS A. Drawings and General Requirements of the Contract, including General and Supplementary Conditions, and Sections of the General Requirements, apply to this Section. 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified inspections, tests, and related actions do not limit Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Contractor to provide quality control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain requirements that are related to this Section: 1. General Requirement Section "Cutting and Patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. 2. General Requirement Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. F. The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction PROJECT SAFETY AND HEALTH PLAN 00970- Page 140 of 276 994 KEY LARGO PICKLEBALL COURT INSTALLATION team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. 1.2 PARKS AND BEACHES' DUTIES AND RESPONSIBILITIES A. The Parks and Beaches Representative will monitor all work performed by the Contractor and assist the Contractor with his/her conformance of the work to the Contract Drawings and Specifications. 1.3 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his/her work force on this project as well as the quality of the material, equipment, and supplies furnished by him/her to be incorporated into the work. B. The Contractor will provide a Quality Control Plan for approval and designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his/her duties but the primary responsibility and authority will rest on him/her. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to Parks and Beaches. Any submittal that is at variance to the contract requirements must be identified as such and transmitted to Parks and Beaches 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 Parks and Beaches. 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/her drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him/her by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings, and specifications shall be brought to the attention of Monroe County representative on site and then will be identified and segregated from accepted items. Items thus identified CONTRACTOR QUALITY CONTROL PLAN 00980- Page 141 of 276 995 KEY LARGO PICKLEBALL COURT INSTALLATION will not be incorporated into the work until corrective action acceptable to Parks and Beaches is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. G. The Contractor's Quality Control Representative shall be required to attend periodic scheduled Quality Control meetings at the discretion of Monroe County Parks and Beaches 1.4 INSPECTION AND TESTING A. The Contractor shall be responsible to secure, provide, and pay for all inspections, test, and other quality-control services specified and required by the contract or governing authorities. Costs for these services are included in the Contract Sum. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 1. Where individual Sections specifically indicate that certain inspections, tests, and other quality-control services are the Contractor's responsibility, 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. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 142 of 276 996 KEY LARGO PICKLEBALL COURT INSTALLATION 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect and the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify the Parks and Beaches 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. E. The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The Parks and Beaches Superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. F. Parks and Beaches will coordinate and attend all final inspections of the work. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 (Contract Closeout) for contract closeout. G. Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to Parks and Beaches. If the Contractor is responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or similar service through the Contractor. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service include, but are not limited to, the following: a. Date of issue. b. Project title and number. C. Name, address, and telephone number of testing agency. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 143 of 276 997 KEY LARGO PICKLEBALL COURT INSTALLATION 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. H. 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. I. General: Upon completion of inspection, testing, sample taking and similar services, the Contractor is to: 1. Repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for General Requirement Section "Cutting and Patching". 2. Protect construction exposed by or for quality-control service activities, and protect repaired construction. 3. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. 1.5 INSPECTION PLAN The contractor will utilize a multi-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan will consist of, but not be limited to the following: 1. Preparatory Inspection—Prior to commencing the work, the Contractor's Quality Control Representative will meet with Parks and Beaches' representative 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. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 144 of 276 998 KEY LARGO PICKLEBALL COURT INSTALLATION (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: Parks and Beaches 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 Parks and Beaches' representative and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Conformance to contract drawings and specifications. (c) Construction methods, equipment, and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Note: Parks and Beaches will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections—The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates, and flooring. These reports are to be generated by the Contractor and submitted to Parks and Beaches 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 1.63 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. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 145 of 276 999 KEY LARGO PICKLEBALL COURT INSTALLATION 4. Completion Inspections—Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with the Parks and Beaches Superintendent, if he/she so desires to attend, to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. Note: The Contractor shall conduct and report corrections of this inspection which shall be a required submittal. 5. Follow-On Inspections—Upon execution of the Contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: Parks and Beaches will record the minutes to this inspection meeting. 6. Pre-Final Inspection—Upon substantial completion of the project work Parks and Beaches shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he/she so desires. This inspection shall be completed at least (15) fifteen days prior to the final substantial completion inspection which shall be conducted by Parks and Beaches. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. 1.6 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 Parks and Beaches team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring, and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Parks and Beaches. CONTRACTOR QUALITY CONTROL PLAN 00980- Page 146 of 276 1000 KEY LARGO PICKLEBALL COURT INSTALLATION It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his/her information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of Parks and Beaches. 1.6 AUDITS A. Parks and Beaches may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his/her action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. End of Section 00980 CONTRACTOR QUALITY CONTROL PLAN 00980- Page 147 of 276 1001 KEY LARGO PICKLEBALL COURT INSTALLATION 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 the General Requirements. 1.2 QUALITY ASSURANCE A. Promptly upon award of the Contract, notify all pertinent personnel regarding requirements of this Section. Require all personnel who will enter upon the Owner's property certify their awareness of and familiarity with requirements of this Section. 1.3 SUBMITTALS Maintain an accurate record of names and identification of all persons entering upon Owner's property in connection with Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to Owner daily. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as "Contractor's Parking Area." CONTRACTOR'S USE OF PREMISES 01015- Page 148 of 276 1002 KEY LARGO PICKLEBALL COURT INSTALLATION 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. End of Section 01015 CONTRACTOR'S USE OF PREMISES 01015- Page 149 of 276 1003 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches. B. Submit an updated Construction Schedule and Submittal Schedule and a Partial Release of Lien with each Application for Payment. C. Payment shall be made according to the Local Government Prompt Payment Act, Sec. 218.70 et seq., Florida Statutes. D. Monroe County makes every effort to meet the payment schedule. It is requested that the contractor not make any calls to any County office inquiring about payment until the twentieth (20th) day after submission of the pay request. 4. MONTHLY PAY REQUEST PROCEDURE A. Parks and Beaches 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 Parks and Beaches to have a correct and complete package of documents twenty (20) days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for Parks and Beaches to obtain necessary signatures and submit project for Final Payment. Contractor shall submit all required forms and releases to Parks and Beaches. The following documents (samples attached) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion APPLICATION FOR PAYMENT 01027-Page 150 of 276 1004 KEY LARGO PICKLEBALL COURT INSTALLATION (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien Also, all warranties and guarantees required by Contract, "As-Built" drawings, including red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted prior to final payment in both bound paper and electronic PDF form. C. It is the Contractor's responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by Monroe County Parks and Beaches. Final Pay Request must be submitted no later than thirty (30) days after final project completion and acceptance. 6. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one (1) copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number and description. APPLICATION FOR PAYMENT 01027-Page 151 of 276 1005 ego",is Ln ON-161, rq cu M W (13 16 9- e, 2, C14 cc C) �33 IV T .1t z wr reap fR 0 All cc m M T- v r7 P, ILI, cc co uj O O uj F2 Li - LU rz 75 41 "6 lt LL s, LiJ W 1006 N O Ln oca on p � d N O Q ' H F- M UE LEE m a ,, W J U_ a O J W H Z W w 75 12 >- *a Q a 0 Z O F- Q " r� U Ln Q 1007 KEY LARGO PICKLEBALL COURT INSTALLATION MONROE COUNTY/ENGINEERING/ PARKS AND BEACHES CONTRACT CHANGE ORDER PROJECT TITLE: Key Largo Pickleball Installation INITIATION DATE: (change order date) CHANGE ORDER NO: TO CONTRACTOR: (name &address) CONTRACT DATE: The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Net change by previously authorized Change Orders...................................................$ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum)_(Guaranteed Maximum Price) including this Change Order is.......$ The Contract Time will be (increased) (decreased) (unchanged) by.................................. The date of Substantial Completion as of the date of this Change Order is........................ Detailed description of change order and justification: This change order is % of the original contract price. Not valid until signed by Owner, Engineer(if applicable), and Contractor ENGINEER: Date CONTRACTOR: Date DIRECTOR PARKS AND BEACHES Date COUNTY/ASSISTANT ADMINISTRATOR: Roman Gastesi Date Kevin Wilson APPLICATION FOR PAYMENT 01027-Page 154 of 276 1008 KEY LARGO PICKLEBALL COURT INSTALLATION Change Order Attachment per Ordinance No. 024-2015 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater) Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ❑ No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑ No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: APPLICATION FOR PAYMENT 01027-Page 155 of 276 1009 KEY LARGO PICKLEBALL COURT INSTALLATION CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Project Manager's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as: which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. INSPECTOR BY DATE (if used) The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time), on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. APPLICATION FOR PAYMENT 01027-Page 156 of 276 1010 KEY LARGO PICKLEBALL COURT INSTALLATION CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of County of The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed below, he/she has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). SUPPORTING DOCUMENTS ATTACHED CONTRACTOR: HERETO: 1. Consent of Surety to Final Payment. Address Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate (Signature of authorized representative) attachment: yes ( ) no ( ) The following supporting documents should be (Printed Name and Title) attached hereto: STATE OF: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final COUNTY OF: payment. Subscribed and sworn to (or affirmed) before me 2. Separate Releases or Waivers of Liens by means of ❑ physical presence or ❑ online from Subcontractors and material and notarization, on (date) equipment suppliers, to the extent by (name required by the Owner, accompanied by of affiant). He/She is personally known to me or a list thereof. has produced (type of identification) as identification. 3. Contractor's Affidavit or Release of Liens. NOTARY PUBLIC (SEAL) My commission expires: APPLICATION FOR PAYMENT 01027-Page 157 of 276 1011 KEY LARGO PICKLEBALL COURT INSTALLATION CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATED: PROJECT: (Name and address) State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: STATE OF: COUNTY OF: SUPPORTING DOCUMENTS ATTACHED HERETO: Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online 1. Contractor's Release or Waiver of Liens, notarization, on (date) conditional upon receipt of final payment. by (name of affiant). He/She is personally known to me or has produced 2. Separate Releases or Waivers of Liens from (type Subcontractors and material and equipment of identification)as identification. suppliers, to the extent required by the Owner, accompanied by a list thereof. NOTARY PUBLIC CONTRACTOR: (SEAL) Address My commission expires: (Signature of authorized representative) (Printed name and Title) APPLICATION FOR PAYMENT 01027-Page 158 of 276 1012 KEY LARGO PICKLEBALL COURT INSTALLATION MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ ) paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quitclaim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS day of 120 STATE OF: (Name of Company) COUNTY OF: (Signature of authorized representative) Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization, on (date) (Printed name and Title) by (name of affiant). He/She is personally known to me or has produced Witness (type of identification) as identification. Witness NOTARY PUBLIC (SEAL) My commission expires: APPLICATION FOR PAYMENT 01027-Page 159 of 276 1013 KEY LARGO PICKLEBALL COURT INSTALLATION MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ , as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non payment: (If none,write"NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20_ Witness Name of Company Witness Signature, Title STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: APPLICATION FOR PAYMENT 01027-Page 160 of 276 1014 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for Alternates. B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal Form for certain construction activities defined in the Proposal Requirements that may be added to or deducted from Base Proposal amount if the Owner decides to accept a corresponding change in either the installation or methods described in Contract Documents. C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that Work affected by each accepted Alternate is complete and fully integrated into the project. D. Notification: Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of each Alternate. Indicate whether Alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to Alternates. 1. Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. End of Section 01030 ALTERNATES 01030-Page 161 of 276 1015 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01040 PROJECT COORDINATION PART I — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Sections of the General Requirements, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Contractor necessary for Project coordination including, but not necessarily limited to: 1. Coordination. 2. Administrative and supervisory personnel. 3. General installation provisions. 4. Cleaning and protection. B. Field engineering is included in Section 01050 "Field Engineering". C. Progress meetings, coordination meetings, and pre-installation conferences are included in Section 01200 "Project Meetings". D. Requirements for the Contractor's Construction Schedule are included in Section 01301 "Submittals". 1.3 COORDINATION A. Coordination: Coordinate construction activities included under various Sections of the General Requirements to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. PROJECT COORDINATION 01040-Page 162 of 276 1016 KEY LARGO PICKLEBALL COURT 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. 1. Prepare similar memoranda for the Owner and separate Contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project Close-out activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. Refer to other sections for disposition of salvaged materials that are designated as Owner's property. 1.4 SUBMITTALS A. Coordination Drawings: Prepare and submit coordination Drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components. 1. Show the interrelationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 01301 "Submittals". B. Staff Names: Within fifteen (15) days of Notice to Proceed, submit a list of the Contractor's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and at each temporary telephone. PART 2 — PRODUCTS (Not Applicable) PROJECT COORDINATION 01040-Page 163 of 276 1017 KEY LARGO PICKLEBALL COURT INSTALLATION PART 3— EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to Parks and Beaches 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 Parks and Beaches for final decision. 3.2 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: PROJECT COORDINATION 01040-Page 164 of 276 1018 KEY LARGO PICKLEBALL COURT INSTALLATION LIMITING EXPOSURES 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 3. Excessively high or low temperatures 4. Thermal shock 5. Excessively high or low humidity 6. Air contamination or pollution 7. Water 8. Solvents 9. Chemicals 10. Light 11. Radiation 12. Puncture 13. Abrasion 14. Heavy traffic 15. Soiling, staining and corrosion 16. Bacteria 17. Rodent and insect infestation 18. Combustion 19. Electrical current 20. High speed operation 21. Improper lubrication 22. Unusual wear or other misuse 23. Contract between incompatible materials 24. Destructive testing 25. Misalignment 26. Excessive weathering 27. Unprotected storage 28. Improper shipping or handling 29. Theft 30. Vandalism End of Section 01040 PROJECT COORDINATION 01040-Page 165 of 276 1019 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.1. RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Sections of the General Requirements, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements of the Contractor for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. General Requirement Section: "Coordination" for procedures for coordination cutting and patching with other construction activities. 2. General Requirement Section: "Selective Demolition" for demolition of selected portions of the building for alterations. 3. Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. a. Requirements of this Section apply to mechanical and electrical installations. 4. Describe anticipated results in terms of changes to existing construction. Include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 5. List products to be used and firms or entities that will perform Work. 6. Indicate dates when cutting and patching will be performed. 7. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. 8. Where cutting and patching involves adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with the original structure. 9. Approval by Parks and Beaches to proceed with cutting and patching does not waive Parks and Beaches' right to later require complete removal and replacement of unsatisfactory work. 1.3 NOT USED CUTTING AND PATCHING 01045-Page 166 of 276 1020 KEY LARGO PICKLEBALL COURT INSTALLATION 1.4 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural elements in a manner that would change their load-carrying capacity or load-deflection ratio. 1. Obtain approval of the cutting and patching bid before cutting and patching the following structural elements: a. Foundation construction. b. Bearing and retaining walls. C. Structural concrete. d. Structural steel. e. Lintels. f. Timber and primary wood framing. g. Structural decking. h. Stair systems. i. Miscellaneous structural metals. B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. 1. Obtain approval of the cutting and patching bid before cutting and patching the following operating elements or safety related systems. a. Fire protection systems. b. Control systems. C. Communication systems. d. Electrical wiring systems. C. Visual Requirements: Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Parks and Beaches' opinion, reduce the building's aesthetic qualities. Do not cut and patch construction in a manner that would result in visual evidence of cutting and patching. Remove and replace construction cut and patched in a visually unsatisfactory manner. 1. If possible retain the original Installer or fabricator to cut and patch the exposed Work listed below. If it is impossible to engage the original Installer or fabricator, engage another recognized experienced and specialized firm. a. Stonework and stone masonry. b. Ornamental metal. CUTTING AND PATCHING 01045-Page 167 of 276 1021 KEY LARGO PICKLEBALL COURT INSTALLATION 1.5 WARRANTY A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by methods and with materials in such a manner as not to void any warranties required or existing. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 1. Before proceeding, meet at the Project Site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. B. Cutting: Cut existing construction methods least likely to damage elements retained or adjoining construction. Where possible, review proposed procedures with the original Installer; comply with the original Installer's recommendations. CUTTING AND PATCHING 01045-Page 168 of 276 1022 KEY LARGO PICKLEBALL COURT INSTALLATION 1. In general, where cutting, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. 3. Cut through concrete and masonry using a cutting machine, such as a Carborundum saw or a diamond-core drill. 4. Comply with requirements of applicable General Requirement Sections where cutting and patching requires excavating and backfilling. 5. Where services are required to be removed, relocated, or abandoned, by- pass utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Where removing walls or partitions extends one finished area into another area, patch and repair floor. 3.4 CLEANING A. Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged piping covering to its original condition. End of Section 01045 CUTTING AND PATCHING 01045-Page 169 of 276 1023 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Contractor for field-engineering services including, but not limited to, the following: 1. Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: 1. General Requirement Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. General Requirement Section "Submittals" for submitting Project record surveys. 3. General Requirement Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner- accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of "Submittals" and "Project Closeout" Sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land surveyor registered in the state where the Project is located, to perform required land-surveying services. FIELD ENGINEERING 01050-Page 170 of 276 1024 KEY LARGO PICKLEBALL COURT INSTALLATION 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) PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line corner stakes. B. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. 2. Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. C. Establish and maintain a minimum of two (2) permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. FIELD ENGINEERING 01050-Page 171 of 276 1025 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches when deviations that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. End of Section 01050 FIELD ENGINEERING 01050-Page 172 of 276 1026 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Pre-Construction Meetings 2. Periodic Progress Meetings 3. Concrete Pre-Pour Meetings 4. Safety Meetings 5. Critical Lift Meetings 6. Quality Control Meetings 2. PARKS AND BEACHES' RESPONSIBILITY A. Parks and Beaches shall schedule and administer pre-construction meeting, periodic progress meetings, Concrete Pre-Pour Meetings, Critical Lift Meetings, Quality Control Meetings and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting twenty-four (24) hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To Parks and Beaches staff as needed. 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. CONTRACTOR'S RESPONSIBILITY A. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. B. The Contractor shall schedule and administer Safety Meetings. 1. Prepare agenda for meetings. 2. Provide notice of each meeting twenty-four (24) in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. PROJECT MEETINGS 01200-Page 173 of 276 1027 KEY LARGO PICKLEBALL COURT INSTALLATION 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To Parks and Beaches staff as needed. 1. PRE-CONSTRUCTION MEETING A. Location: A central site designated by Parks and Beaches. B. Attendance: 1. Monroe County Parks and Beaches designee. 2. The 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. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Project Record Documents as set forth in Section 01720 (Project Records Documents) of the General Requirements. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within three (3) days. D. Revisions to minutes: PROJECT MEETINGS 01200-Page 174 of 276 1028 KEY LARGO PICKLEBALL COURT INSTALLATION 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of "old business" at the next regularly scheduled meeting. 2. PERIODIC PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting at the discretion of Monroe County Parks and Beaches. B. Location of the meetings: A central site designated by Parks and Beaches, typically it will be at the project site. C. Attendance: 1. Monroe County Parks and Beaches designee. 2. The Engineer and his/her professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. C. Suggested Agenda: 1. Distribute meeting minutes. 2. Approval of the minutes. 3. Review of Work progress since previous meeting. 4. Field observations, problems, conflicts, Requests for Information (RFI). 5. Problems which impede Construction Schedule. 6. Review of off-site fabrication, delivery schedules. 7. Corrective measures and procedures to regain projected schedule. 8. Revisions to Construction Schedule. 9. Progress, schedule, during succeeding Work period. 10. Coordination of schedules. 11. Review submittal schedules. 12. Maintenance of quality standards. 13. Pending changes, substitutions and Change Order Requests (COR). 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 15. Other business. E. Revisions to minutes: PROJECT MEETINGS 01200-Page 175 of 276 1029 KEY LARGO PICKLEBALL COURT INSTALLATION 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of "old business" at the next regularly scheduled meeting. 3. CONCRETE PRE-POUR MEETINGS A. The Contractor's Project Manager and/or Superintendent and Concrete Sub- Contractor(s) shall be required to attend a scheduled Concrete Pre-Pour Meeting at the discretion of Monroe County Parks and Beaches prior to any concrete being placed. Contractor is required to respond to the County Concrete Check List by providing all required information requested in the Check List seventy-two (72) hours prior to placement. B. Location of the meetings: A central site designated by Parks and Beaches, typically it will be at the project site. C. Attendance: 1. Monroe County Parks and Beaches designee. 2. The Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. D. Required Agenda: 1. Review of completed County Concrete Check List. 2. Review of Contractor's Quality Control Plan. 3. Field observations, problems, conflicts, Requests for Information (RFI). 4. Problems which impede Construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Review of mix submittals. 7. Maintenance of quality standards. 8. Pending changes, substitutions and Change Order Requests (COR). 5. Distribute County Checklist seventy-two (72) hours prior to placing Concrete. 4. SAFETY MEETINGS A. A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted by the Contractor each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. PROJECT MEETINGS 01200-Page 176 of 276 1030 KEY LARGO PICKLEBALL COURT INSTALLATION The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. B. Location of the meetings: A central site designated by the Contractor, typically it will be at the project site. C. Attendance: 1. All field supervisors, foremen, mechanics and all construction personnel at the jobsite. 2. Monroe County Parks and Beaches designee. 3. The Engineer and his professional consultants as needed. 4. Sub-Contractors as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. Recommended Agenda: 1. Accidents, injuries, near-misses, discuss a. Incidents that have occurred in your company since the last meeting, b. Any follow-up that has been done as a result of investigations into incidents, C. Incidents that have happened in other companies. d. Updates to the company's Accident Prevention Plan from "lessons learned." 2. Results of safety inspections. a. Discuss the results of recent safety inspections. b. Follow up on assignments for eliminating or controlling identified hazards. C. Encourage employees to identify any unsafe conditions or tasks, and discuss ways to eliminate or control the hazards. d. When appropriate, assign responsibilities for eliminating or controlling identified hazards. 3. Training. a. Discuss any new safe work procedures or other policies and procedures that need to be implemented. b. Safety Topic of the Month: a presentation and discussion on the chosen topic. PROJECT MEETINGS 01200-Page 177 of 276 1031 KEY LARGO PICKLEBALL COURT INSTALLATION 4. Open forum. a. Anyone who has a concern about safety and health should bring it up for discussion. 5. Next meeting. a. Set the time, date and place for the next meeting. b. Select a Safety Topic and designate the presenter/discussion leader. 6. Persons Attending 5. CRITICAL LIFT MEETING A. The Contractor's Project Manager and/or Superintendent and Lift Contractor shall be required to attend a scheduled Critical Lift meeting at the discretion of Monroe County Parks and Beaches prior to any Critical Lift. The Contractor is required to provide a Critical Lift Plan for review five (5) days prior to the Critical Lift. B. Location of the meetings: A central site designated by Parks and Beaches, typically it will be at the project site prior to the lift. C. Attendance: 1. Monroe County Parks and Beaches designee. 2. The Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Lift Operator and riggers as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. For the purposes of this contract a lift defined as a Critical Lift will include, but not be limited to: • When more than one crane, in combination is required • Loads exceeding seventy-five percent (75%) of the rated capacity of any one crane • Personnel lifting • Loads that will require suspension directly above rigging personnel • Lifts that result in loads leaving direct view of the crane operator • Loads that are extremely valuable, irreplaceable, or unrepairable • Loads that could potentially become damaging to other equipment or utilities • Loads that are potentially unstable in flight • Lifting of loads whose replacement (purchasing lead) time exceeds ten (10) days • Lifting of loads whose loss would result in County or equipment operational shutdown E. Required Agenda: PROJECT MEETINGS 01200-Page 178 of 276 1032 KEY LARGO PICKLEBALL COURT INSTALLATION 1. Review Sections 00970.5.0-5.6 of The Contract General Requirements 2. Review Crane Test Certification per 00970.5.4.1 2. Review of Lift Activity 3. Review of Lift Plan 4. Review Overhead Utility Locations 5. Review Hand Signals/Communication Systems 6. Handling Sequence 7. Traffic Control 8. Questions/solutions 6. QUALITY CONTROL MEETINGS A. For each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications, the Contractor's Quality Control Representative shall be required to attend scheduled meetings at the discretion of Monroe County Parks and Beaches. B. Location of the meetings: A central site designated by Parks and Beaches, typically it will be at the project site. C. Attendance: 1. Monroe County Parks and Beaches designee 2. Contractors Quality Control Representative 3. The Engineer and his/her professional consultants as needed 4. Sub-Contractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6. Others C. Suggested Agenda: 1. Distribute meeting minutes 2. Approval of the minutes 3. Approval of shop drawings and submittals 4. Review Daily Quality Control Reports 5. Review Non-Conformance Reports 6. Quality standards 7. Workmanship to established quality standards 8. Conformance to contract drawings and specifications 9. Construction methods, equipment, and tools utilized 10. Materials and articles utilized 11. Adequacy of testing methods 12. Adequacy of shop drawings 13. Adequacy of safety or environmental precautions 14. Other business E. Revisions to minutes: PROJECT MEETINGS 01200-Page 179 of 276 1033 KEY LARGO PICKLEBALL COURT INSTALLATION 1. Unless published minutes are challenged in writing prior to the next regularly scheduled meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of "old business" at the next regularly scheduled meeting. End of Section 01200 PROJECT MEETINGS 01200-Page 180 of 276 1034 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Contractor shall submit to Parks and Beaches, shop drawings, product data, certifications and samples required by the technical sections. 2. The Contractor shall prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data, and sample requirements. 1.2 SUBMITTAL SCHEDULE A. The Contractor shall submit within ten (10) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to Parks and Beaches for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information for all required submittals on both paper and electronic PDF. 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that Parks and Beaches should be aware of. C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by Parks and Beaches (in calendar days). SUBMITTALS 01301-Page 181 of 276 1035 KEY LARGO PICKLEBALL COURT INSTALLATION D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. B. Do not reproduce the Contract Drawings for shop drawing submittals. C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of Parks and Beaches and the Contractor. E. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Engineer b. Parks and Beaches C. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Contractor to verify that product meets or exceeds applicable standards listed in document. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. F. The contractor shall submit seven (7) sets to Parks and Beaches. Parks and Beaches will check the submission and forward five (5) sets to the Contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to Parks and Beaches and other trade contractors by the Contractor prior to the start of the Work. 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to Parks and Beaches. Submit seven (7) copies of product data to Parks and Beaches. SUBMITTALS 01301-Page 182 of 276 1036 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches. Parks and Beaches 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 Parks and Beaches. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The Contractor shall submit three (3) samples to Parks and Beaches and one (1) will be returned to the contractor after review/return from Parks and Beaches. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationery. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Contractor shall submit one (1) original and six (6) copies to Parks and Beaches. Parks and Beaches will retain two (2) sets and the balance returned to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to Parks and Beaches, 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 Parks and Beaches for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to Parks and Beaches. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. SUBMITTALS 01301-Page 183 of 276 1037 KEY LARGO PICKLEBALL COURT INSTALLATION D. Clearly identify on the submittal and transmittal to Parks and Beaches in writing of deviations in submittals from the requirements of the Contract Documents. E. After Parks and Beaches' review, distribute copies with one (1) copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with Parks and Beaches' stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by Parks and Beaches' review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by Parks and Beaches review of submittals unless Parks and Beaches gives written acceptance of specific deviations. I. All submittals shall be submitted to Monroe County Parks and Beaches and Consultants in Adobe PDF format. J. The Contractor/Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. This RFP does not constitute an offer for employment or contract for services. 1.8 PARKS AND BEACHES' RESPONSIBILITIES A. Parks and Beaches will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. Parks and Beaches 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 Parks and Beaches. C. Parks and Beaches will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. End of Section 01301 SUBMITTALS 01301-Page 184 of 276 1038 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches 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 Parks and Beaches. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Engineer. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. PROGRESS SCHEDULES 01310-Page 185 of 276 1039 KEY LARGO PICKLEBALL COURT INSTALLATION B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within seven (7) days after receipt of the Contract Notice to Proceed. 1. Parks and Beaches will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon Parks and Beaches to notify the Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, or in any way to superintend so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness. End of Section 01310 PROGRESS SCHEDULES 01310-Page 186 of 276 1040 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Contractor submission of a Schedule of Values. 1. The Schedule of Values allocated to the various portions of the Work by Divisions shall be submitted to Parks and Beaches within three (3) days after Notice to Proceed. 2. No item in the Schedule of Values shall exceed $25,000.00 without prior approval from Monroe County Parks and Beaches. 3. Upon request of Parks and Beaches, 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 Parks and Beaches upon the Contractor's request. Identify schedule with: 1. Title of Project and location 2. Architect/Engineer 3. Name and Address of the Contractor 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. E. For each major line item list sub-values of major products or operations under the item. SCHEDULE OF VALUES 01370-Page 187 of 276 1041 KEY LARGO PICKLEBALL COURT INSTALLATION F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. C. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by Parks and Beaches, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. End of Section 01370 SCHEDULE OF VALUES 01370-Page 188 of 276 1042 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, February 14, 2008, so you would therefore use "Thursday, 2/14/08." This holds true even if you did not complete filling out the Report until Friday, 2/15/08. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, by all subcontractors, and or employees, currently working on the project. Furthermore, be sure to include any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS DAILY CONSTRUCTION REPORTS 01385-Page 189 of 276 1043 KEY LARGO PICKLEBALL COURT INSTALLATION A. Daily Reports are to be submitted to Parks and Beaches at the regularly scheduled Project Meetings. Contractors are to submit the original of their report, and should keep a copy for their records. Parks and Beaches photocopying facilities are not to be used in the reproduction for submission of the reports. B. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: DAILY CONSTRUCTION REPORTS 01385-Page 190 of 276 1044 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01395 REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification to Engineer and Parks and Beaches in the event errors, field conflicts, and omissions are found in the Contract Documents or clarifications are necessary. 2. Utilization of(RFI) form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 6.2 and 8.3.2 3. General Conditions Article 12.3 and 13.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of Architect/Engineer and Parks and Beaches immediately. If clarifications are necessary, the request is to be conveyed to Architect/Engineer and Parks and Beaches. Architect/Engineer and Parks and Beaches will respond to the Contractor. The RFI is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The RFI is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 13.3.1, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The responses provided on the RFI form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraphs 6.2, 7.2, and 8.3 of the Contract General Conditions. Should the Contractor consider the RFI response requires extra work, notification in accordance with Agreement written notice provision is required. 1.3 UTILIZATION OF RFI FORM A. The RFI form to be utilized is included at the end of this section, if you wish to use a form of your own; it must contain the same information requested on our form and submitted in PDF format. REQUEST FOR INFORMATION (RFI) 01395-Page 191 of 276 1045 KEY LARGO PICKLEBALL COURT INSTALLATION REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL Email address TO ENGINEER ADDRESS PHONE FAX CELL Email address DESCRIPTION CONTRACTORS RECOMMENDATION COST IMPACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION (RFI) 01395-Page 192 of 276 1046 KEY LARGO PICKLEBALL COURT INSTALLATION 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. Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Contractor shall be responsible to secure and pay for all testing services of a qualified independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or any governing authorities. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specification indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. TESTING LABORATORY SERVICES 01410-Page 193 of 276 1047 KEY LARGO PICKLEBALL COURT INSTALLATION D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the Parks and Beaches 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 Parks and Beaches and the Contractor of observed irregularities or non-conformance of the Work or products. F. Perform additional inspections and tests required by the Parks and Beaches. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to Parks and Beaches and Contractor. B. Include: 1. Date issued. 2. Project title and number. 3. Name of inspector. 4. Date and time of sampling or inspection. 5. Identification of product and Specifications Section. 6. Location in the Project. 7. Type of inspection or test. 8. Date of test. 9. Results of test. 10. Conformance with the Contract Documents. C. When requested by Parks and Beaches, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. TESTING LABORATORY SERVICES 01410-Page 194 of 276 1048 KEY LARGO PICKLEBALL COURT INSTALLATION D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify Parks and Beaches and the testing laboratory (24) twenty-four hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional 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. End of Section 01410 TESTING LABORATORY SERVICES 01410-Page 195 of 276 1049 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Sections of the General Requirements, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the conditions of this Contract. B. Indicated: The term "indicated" refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Where terms such as "shown", "noted", "scheduled", and "specified" are used, it is to help the reader locate the reference; no limitation on location is intended. C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by Parks and Beaches", "requested by Parks and Beaches", and similar phrases. D. Approve: The term "approved", where used in conjunction with Parks and Beaches' action on the Contractor's submittals, applications, and requests, is limited to Parks and Beaches' 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." REFERENCE STANDARDS AND DEFINITIONS 01421-Page 196 of 276 1050 KEY LARGO PICKLEBALL COURT INSTALLATION I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced", when used with the term "Installer", means having a minimum of(5) five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspection or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: The General Requirements are organized into Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when REFERENCE STANDARDS AND DEFINITIONS 01421-Page 197 of 276 1051 KEY LARGO PICKLEBALL COURT INSTALLATION 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 A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with (2) two or more standards is specified, and the standards may establish different or conflicting requirements for minimum quantities or quality levels. Refer requirements that are different, but apparently equal, and uncertainties to Parks and Beaches 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 Parks and Beaches for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 198 of 276 1052 KEY LARGO PICKLEBALL COURT INSTALLATION 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publications source. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries. F. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers AAN American Association of Nurserymen (See AN LA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee AMCA Air Movement and Control Association International, Inc. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 199 of 276 1053 KEY LARGO PICKLEBALL COURT INSTALLATION ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly: American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA EIFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association REFERENCE STANDARDS AND DEFINITIONS 01421-Page 200 of 276 1054 KEY LARGO PICKLEBALL COURT INSTALLATION MFMA Maple Flooring Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NECA National Electrical Contractors Associations NEI National Elevator Industry NELMA Northeastern Lumber Manufacturers Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association (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 UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection REFERENCE STANDARDS AND DEFINITIONS 01421-Page 201 of 276 1055 KEY LARGO PICKLEBALL COURT INSTALLATION WIC Woodwork Institute of California WWPA Western Wood Products Association G. Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 End of Section 01421 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 202 of 276 1056 KEY LARGO PICKLEBALL COURT INSTALLATION 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 of the General Requirements. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. Provide a field office adequate in size and accommodation for Contractor's offices, supply, and storage. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary TEMPORARY FACILITIES 01500-Page 203 of 276 1057 KEY LARGO PICKLEBALL COURT INSTALLATION construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Upon completion of the Work, remove job signs. C. Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence or barricade of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS: A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by Parks and Beaches. A design provided by, or approved by Parks and Beaches 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 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. End of Section 01500 TEMPORARY FACILITIES 01500-Page 204 of 276 1058 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids. 2. Temporary enclosures. 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State, and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws, and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Parks and Beaches 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 Parks and Beaches has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. CONSTRUCTION AIDS 01520-Page 205 of 276 1059 KEY LARGO PICKLEBALL COURT INSTALLATION 2.3 TEMPORARY ENCLOSURES A. The Contractor shall be responsible for installing the permanent closure in an opening in an exterior wall and shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by Parks and Beaches. 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/her obligations under Article 10 of the General Conditions. End of Section 01520 CONSTRUCTION AIDS 01520-Page 206 of 276 1060 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. End of Section 01550 ACCESS ROADS AND PARKING AREAS 01550-Page 207 of 276 1061 KEY LARGO PICKLEBALL COURT INSTALLATION 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. TEMPORARY CONTROLS 01560-Page 208 of 276 1062 KEY LARGO PICKLEBALL COURT INSTALLATION E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. End of Section 01560 TEMPORARY CONTROLS 01560-Page 209 of 276 1063 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor may furnish, install, and maintain a temporary field office for his/her use, the use of his/her employees, and the use of Parks and Beaches during the construction period. The location of the Field Office shall be determined by Parks and Beaches. B. The Contractor may furnish, install, and maintain temporary storage and work sheds to adequately protect his/her work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his/her field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with Parks and Beaches. The type, size and location of field offices and sheds are subject to approval by Parks and Beaches. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his/her field office and sheds, if he/she should require such services. E. The Contractor shall relocate his/her field office and sheds as directed by Parks and Beaches, at no additional cost to the Owner. F. The Contractor shall remove his/her field office and sheds on completion of the Work or when directed by Parks and Beaches. The Contractor shall remove all debris and rubbish and shall leave the area in a clean and orderly condition. End of Section 01590 FIELD OFFICES AND SHEDS 01590-Page 210 of 276 1064 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. CONSTRUCTION CLEANING 01595-Page 211 of 276 1065 KEY LARGO PICKLEBALL COURT INSTALLATION C. Dispose of waste materials, debris, and rubbish off site at a state permitted disposal site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by Parks and Beaches. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his/her operations, including any trash generated by his/her employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the Contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by Parks and Beaches. End of Section 01595 CONSTRUCTION CLEANING 01595-Page 212 of 276 1066 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Products. 2. Transportation and handling. 3. Storage and protection. 4. Security. 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Products do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on MATERIALS AND EQUIPMENT 01600-Page 213 of 276 1067 KEY LARGO PICKLEBALL COURT INSTALLATION site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. End of Section 01600 MATERIALS AND EQUIPMENT 01600-Page 214 of 276 1068 KEY LARGO PICKLEBALL COURT INSTALLATION 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: POST CONTRACT SUBSTITUTIONS 01630-Page 215 of 276 1069 KEY LARGO PICKLEBALL COURT INSTALLATION 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 Parks and Beaches the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Parks and Beaches. F. Parks and Beaches 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. Parks and Beaches' costs for redesign or revision of Contract Documents. 1.4 POST-PROPOSAL SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. POST CONTRACT SUBSTITUTIONS 01630-Page 216 of 276 1070 KEY LARGO PICKLEBALL COURT INSTALLATION POST-PROPOSAL SUBSTITUTION FORM TO: Parks and Beaches We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO: DRAWING NAME: SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Address Title Firm Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure provide legally binding signature will result in retraction of approval. For use by the Engineer: For use by the Owner: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By By Date Date POST CONTRACT SUBSTITUTIONS 01630-Page 217 of 276 1071 KEY LARGO PICKLEBALL COURT INSTALLATION Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) End of Section 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 218 of 276 1072 KEY LARGO PICKLEBALL COURT INSTALLATION 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 these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by Parks and Beaches, determine and comply with manufacturers' recommendations on product handling, storage, and protection. 1.4 PAC KAG I N G 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. Parks and Beaches may reject as non-complying such material and products that do not bear identification satisfactory to Parks and Beaches as to manufacturer, grade, quality, and other pertinent information. 1.5 PROTECTION A. Protect finished surfaces through which equipment and materials are handled. PRODUCT HANDLING 01640-Page 219 of 276 1073 KEY LARGO PICKLEBALL COURT INSTALLATION B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 1.6 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of Parks and Beaches and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Parks and Beaches to justify an extension in Contract Time of Completion. End of Section 01640 PRODUCT HANDLING 01640-Page 220 of 276 1074 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01700 CONTRACT CLOSEOUT PART 1 — GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three (3) terminal activities: 1. Substantial Completion. 2. Final Completion. 3. Final Payment. 1.2 NOTICE OF SUBSTANTIAL COMPLETION A. Contractor shall submit to Parks and Beaches when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. Request Substantial Completion Observation at a mutually agreeable date. 3. Certifications of systems and testing/balancing final reports. 4. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy (or Completion) b. Certificates of Inspection as applicable: 1) Electrical systems if required by Code B. Within a reasonable time after receipt of such notice, the Owner and the Contractor will make an observation to determine the status of completion. C. Should the Owner determine that the work is not substantially complete, the following will occur: 1. The Owner will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Owner. 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. Parks and Beaches will prepare a Certificate of Substantial Completion accompanied by the Punch List of items to be completed or corrected, as verified and amended by Parks and Beaches. 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 221 of 276 1075 KEY LARGO PICKLEBALL COURT INSTALLATION E. Contractor shall complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Contractor will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of the all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. CONTRACT CLOSEOUT 01700-Page 222 of 276 1076 KEY LARGO PICKLEBALL COURT INSTALLATION E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Deductions for uncorrected Work. d. Deductions for Liquidated Damages. e. Deductions for Re-inspection Payments. f. Other Adjustments. C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. End of Section 01700 CONTRACT CLOSEOUT 01700-Page 223 of 276 1077 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor's cleaning at completion of Work 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Polish glossy surfaces to a clear shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 224 of 276 1078 KEY LARGO PICKLEBALL COURT INSTALLATION E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight- exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. F. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. G. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. H. Remove from the Site all items installed or used for temporary purposes during construction. I. Restore all adjoining areas to their original or specified condition. End of Section 01710 FINAL CLEANING 01710-Page 225 of 276 1079 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Contractor shall: 1. Maintain at the job site one (1) copy of: a. Record Contract Drawings. b. Record Project Manual. C. Coordination drawings. d. Addenda. e. Reviewed shop drawings. f. Change Orders. g. Other modifications to the Contract. h. Field test records. 1.2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by Parks and Beaches. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from Parks and Beaches (at no charge) two (2) sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two (2) complete sets of black-line prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: PROJECT RECORD DOCUMENTS 01720-Page 226 of 276 1080 KEY LARGO PICKLEBALL COURT INSTALLATION 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. Parks and Beaches 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 Parks and Beaches in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to Parks and Beaches and one (1) saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common electronically form (i.e. flash drive) prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date. PROJECT RECORD DOCUMENTS 01720-Page 227 of 276 1081 KEY LARGO PICKLEBALL COURT INSTALLATION 2. Project title and Project number. 3. The Contractor's name and address. 4. Title and number of each record document. 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his/her authorized representative. End of Section 01720 PROJECT RECORD DOCUMENTS 01720-Page 228 of 276 1082 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY: THE CONTRACTOR SHALL PROVIDE OPERATION AND MAINTENANCE DATA A. Section includes: 1. Format and content of manuals. 2. Schedule of submittals. B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these General Requirements. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. H. Provide one (1) indexed digital electronic copy of all Operation Maintenance Data on a common current electronic format (i.e. flash drive). OPERATION AND MAINTENANCE DATA 01730-Page 229 of 276 1083 KEY LARGO PICKLEBALL COURT INSTALLATION 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of Parks and Beaches, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses, and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. OPERATION AND MAINTENANCE DATA 01730-Page 230 of 276 1084 KEY LARGO PICKLEBALL COURT INSTALLATION B. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and re-assembly instructions; and alignment, adjusting, balancing, and checking instructions. C. Provide servicing and lubrication schedule, and list of lubricants required. D. Include manufacturer's printed operation and maintenance instructions. E. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. F. Provide the Contractor's coordination drawings. G. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. H. Include test reports. I. Additional requirements: as specified in individual product specification Sections. J. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.7 SUBMITTALS A. Submit two (2) copies of operation and maintenance data for review by Parks and Beaches prior to Final Inspection. One (1) copy will be returned with comments. B. Submit the required number of copies per each Specification Section or two (2) copies each if not specified of approved data in final form within ten (10) days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten (10) days after acceptance. D. Submit two (2) copies of approved revised volumes of data in final form within ten (10) days after final inspection. End of Section 01730 OPERATION AND MAINTENANCE DATA 01730-Page 231 of 276 1085 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 01740 WARRANTIES PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Sections of the General Requirements, 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 manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's period for correction of the Work. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. General Requirement Section "Submittals" specifies procedures for submitting warranties. 2. General Requirement Section "Contract Closeout" specifies contract closeout procedures. 3. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor or the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard products warranties are preprinted written warranties published by individual manufacturer's for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS WARRANTIES Page 232 of 276 1086 KEY LARGO PICKLEBALL COURT INSTALLATION A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies 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 Parks and Beaches prior to the date certified for Substantial Completion. If Parks and Beaches' 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 the Owner. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through Parks and Beaches, for approval prior to final execution. C. Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl-covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8 '/2 x 11" (115-by-280-mm) paper and one (1) WARRANTIES Page 233 of 276 1087 KEY LARGO PICKLEBALL COURT INSTALLATION saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive). 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES", Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. END OF SECTION 01740 WARRANTIES Page 234 of 276 1088 KEY LARGO PICKLEBALL COURT INSTALLATION ATTACHMENT A Plans ATTACHMENT A Page 235 of 276 1089 KEY LARGO PICKLEBALL COURT INSTALLATION 'A MACH MI':.INT A' GENERAL SCOPE OF SITE WORK 'O R 1 :A, DESIGN AND FIERMIMNO OF KEY LARGO PICKI.EBALL. COURT COMPLEX MONROF. COUNLY, KEY LARGO, I'LORIDA S, "I I _. M)\If ,UN1 JII./ ` vAoiEcn. k KEY LARGO i VIONRDE COUNry WCINr1Y MAI' SL'JSr164y yrATI ON'M,(Arl, OF FLORIVA _ coil ruFo roc;3 47 IS C100 LT. N 101, i,lf,l "..� , KEY LARGO ON-E COU u GENERAL NOTES Ciro LT ATTACHMENT A Page 236 of 276 1090 KEY LARGO PICKLEBALL COURT INSTALLATION op � a KEY unco vica.Eeeucoursr KPLEX , w ° s „ ro A r✓C*�5 / MOxnoe worm a / n „ «o d� q V ✓ � "" ,..,amw.m,.®.�.,��, a�w .... PLAN , g P �Ec.�na,ak ".. SITE MAP KEY C210 j a .m...�jma s iop a >f s ,✓ s '�. �,j '. n o � E's .—. ., ? r � m far a / m NEYLAROO ". .�.,. vicNiEenu wuar coxvLEX .r.x" " d Y �p /'� '� A J 7, MONNOE wONW •n ,+m Mxoxrtx s,nen r / SMWATER POLLUTIONORLUTION POLLUTION�✓ .'__.'"'"�"'.m.`"°""' 'a`w ._. PREVENTION PLAN ".. SITE MAP KEY C215 ATTACHMENT A Page 237 of 276 1091 KEY LARGO PICKLEBALL COURT INSTALLATION R )Tw.x Tm , 4e j.D npS� �¢WBANK OF PMERICA PARKING LOT TO (NTTe'W more oo"artoNN I. KEY LARGG� xa t P—BALL OMRLEX 0 /� ,✓' \ /' amp \ �� " FF.- -LE ox oox. PER =—ox= j j x `. r ✓ j u E �' ro s r� � a�0. �usT) ,,, s a - s » ,..r ,o / r t 'I,s as �. 1 moxnoe couxx ljX` jr/ / Q " o�R—NTox Rx 50 i l PROPOSED �' ,«wee,wG,px a"� SITE PLAN \`\ \ SITE MAP KEY . C2OF . ,ow. Fax o�TNex�ll =xxT�e !w w KEY -! I xneww saes PIGKLEBAL&1LLEX —RIF COMPLEX f I w axuxs tt+*I�ewc-cow,rco uwo reww ecmvc � I l MGµGrtcoxry w..P"aE�x� e -° LAYOUT AND DIMENSION PLAN ATTACHMENT A Page 238 of 276 1092 KEY LARGO PICKLEBALL COURT INSTALLATION . � v AMD IT w�. wo 't COMPLEX P�KLEaALLOOOaT PRO El I ..; �s�.,�J i� awb� � 1�• �r � , z ¢�s i.. l Naoe aourvTv fi IT o 11 IL L 551" �-- I t l ] ��J .a w a �F�,T �.w .,a ,2 FARDSCAPE DETAILS C410 srveiYs !,! SIGN N.FTP-25 jj5�5ry " ry SIGN N.FTP 55 m SOLIO CONCRETE 1EELST111 wJ+• m 4 5 BLUE 12" KEY LM00 G PICNLE11 (AUNT i r F n aunaue ♦u/xwdew srcmue oeTlx v ru[:u.r.s !otllJtuP'}r,ui i4�r MONNOE COUNTY F w�c �imzxte+oxsmen naw�r.�mx�rw:e were �rwv�evu vu�mr mvmv� euv.wer vnw[n.nmw oa wn Y � uc tw�w!0 w^¢w. � we rer ATTACHMENT A Page 239 of 276 1093 KEY LARGO PICKLEBALL COURT INSTALLATION ATTACHMENT B TECHNICAL CONSTRUCTION SPECIFICATIONS ATTACHMENT B Page 240 of 276 1094 KEY LARGO PICKLEBALL COURT INSTALLATION Technical Construction Specifications For Key Largo Pickleball Court Complex, Monroe County, FL W� SI w S�C September 2022 PREPARED BY: wood. ATTACHMENT B Page 241 of 276 1095 KEY LARGO PICKLEBALL COURT INSTALLATION KEY LARGO PICKLEBALL COURT COMPLEX MONROE COUNTY, FL SECTION NO.OF PAGES CLEARING AND GRUBBING....................................................................................8 ROCKBASE..........................................................................................................9 SUPERPAVE ASPHALT BASE..................................................................................3 UNDERDRAINS......................................................................................................2 CONCRETE SIDEWALKS AND DRIVEWAYS...............................................................2 CHAIN LINK FENCING.............................................................................................3 ATTACHMENT B Page 242 of 276 1096 KEY LARGO PICKLEBALL COURT INSTALLATION CLEARING CONSTRUCTION SITE SECTION 110 CLEARING AND GRUBBING 110-1 Description Clear and grub within the areas shown in the Plans.Remove and dispose of all trees, stumps,roots and other such protruding objects,buildings, structures,appurtenances,existing flexible asphalt pavement,and othen facilities necessary to prepare the area for the proposed construction.Remove and dispose of all product and debris not required to be salvaged or rot required to complete the construction. Perform miscellaneous work necessary for the complete preparation of the overall prof ec t site as specified in 110-10. 110-2 Standard Clearing and Grubbiik& 110-2.1 WorkImcluded:Completelyremoveanddisposeofallbuildings,timber,brusl, trees,stumps,roots,rubbish,debris,existing flexible pavement and base,drainage structures, culverts,and papas.Remove all other obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas. Perform standard clearing and grubbing within the following areas: 1.Allan as where excavation is to be done,includirg bo rm w pits,lateral ditches,right-of-way ditc hes,etc. 2.If construc ling over an a xisting road,remove a xisting asphalt pavement. If shown in the Contract Doc ume nts,re move existing pavement base. 3.All areas where roadway embankments will be constructed. 4.All areas where structures will be constructed,including pipe culverts and other pipe lines. 110-2.2 Depths of Removal of Roots, Stumps,and Other Debris:In all areas where excavation is to be performed,orroadwayembankments are to be constructed,remove roots and other debris to a depth of 12 inche s below the ground surface.Remove mots and other debris from all excavated material to be used in the construction of roadwayembar&mient or roadway base.Plow the surface to a depth of at least 6 inches,and remove all roots therebyexposed to a depth of at least 12 inches.Completely remove and dispose of all stumps within the roadway right-of-way. Remove all roots,etc.,protruding through or appearing on the surface of the co mple tad excavation within the roadway area and for structures,to a depth o f at least 12 inches be low the fmdshedexcavationsurface. Remove or c ut off all stumps,roo ts,a tc.,be low the surfa,c e of the c omplete d ex cavation in bo mo w pits,material pits, and lateral ditc hes. In borrow and material pits,do not perform anyclearirg or grubbing within 3 feet inside the right-of-wayline. Within all other areas where standard clearirg and grubbing is to be performed, remove roots aril other debris projecting through or appearing on the surface of the original ground to a depth of 12 inche s be low the surface,but do not plo w or hamo w these areas. 110-2.3 Boulders:Remove anyboulders encountered in the roadway excavation(other than as permitted under the provisions of 120-7.2)or found on the surface of the ground.When approve d by the Engineer place boulders in neat piles inside the night of way.The Contractor J,�s1t2s ATTACHMENT B Page 243 of 276 1097 KEY LARGO PICKLEBALL COURT INSTALLATION may stockpile boulders a ncounte red in Departrrue nt-furnished b orrow areas,which are not suitable for use in the a rrLbankm,ent c onstruction,within the bo mo w are a. 110-2 A Asbestos Co ntah nrg Materials(A CM)Nat Identified Prior to the World Whe n enc ounterurg o r e xposing any condition indicating the presence of asbe stos,c ease ore ratio ns imme diately in the vic inity and notify the Enginee�in acc ordence with 110-6 5. 110-3 Selective Clearing and Grubb ing. 110-3.1 General:Remove and dispose of vegetation,obstructions,etc.,as shown in the Plans.Pmvide acceptable fill material,and grade and compact holes orvoids cre ate dbythe removal ofthe stumps.Perform all selecfive clearing and grubbing innaccordame with ANSI A300. No staging,storing,stockpiling,parking or dumping will be allowed in selective clearing and grubbing areas.Onlymechanical equipment related to selective clearing and grubbirg activities willbe allowed in selective clearing and grubbing areas.Protect trees to remain from trunk,bran h and root damage. 110-3.2 Protection of Plaid Preservation Areas:Areas to remain natural maybe designated in the Plans.No clearing and grubbing,staging,storage,stockpiling,parking or dumpling is allowed in these areas.Do notbring equipment into these areas. 110-3.3 Tree Protec tion Barrier:Construct a tree pro tec Lion barrier in accordance with Standard Plans Index 110-100 and the Plans.I intainbanier for duration of the Contract. 110-3.4 Tree Root and Branch Pruning:When pruning cuts or root pruning to existing trees are shown in the Plans,work is to be supervised on site byan Intemational Societyof Aiboriculture(ISA)Certi led Aiborist and performed inaccordance with ANSI A300. 110-3.5 Tree Removal:Remove trees as shown in the Plans. 110-4 Protec tion o f Prop erty ReinaiEing in Plac e. Protect property to remain in place in accordance with 7-11. 110-5 Removal of Buildings. 110-5.1 Parts tab a Rem,ov ed:Co mple telyre move all parts of the buildings,including utilities,plumbing,foundations,floors,basements,steps,connecting concrete sidewalks or other pavements septic tanks,and anyothe r appurtenances,byanypractical manner which is not detrimental to other propertyand impiovements. Remove utilities to the point of connection to the utility authority's cut-inn.After removing the sewer connections to the point ofcut-in,construct a concrete plug at the cut-inn points as direc ted by the Engineer,except where the utility owners mayelectto perform the ir own plugging.Contact the appropriate utility companies prior to removal of any part of the building to ensure disconnection of services. Submit demolition schedule 15 working days before beginning any demolition or renovation of abuilding. 110-5.2 Removalby Others:Where buildings within the area to be cleared and grubbed are so specified to be removed by others,ne move and dispose of any foundations,curtain walls, concrete floors,basements or otherfoundation parts which mightbe left in place aflersuch removal o fb uildings by othe rs. 110-6 Removal of Existing Bridges. 110-6.1 General:The work under this Artic le includes bridges,as defined in 1-3. Remove and dispose of the materials from existing bridges.Remove J 2Q22 ATTACHMENT B Page 244 of 276 1098 KEY LARGO PICKLEBALL COURT INSTALLATION 1.those bridges and approach slabs,or portions of bridges,shown in the Plans to be remove d, 2.those bridges and approach slabs,or portions of bridges,found within the limits of the area to be cleared and grubbed,and direc ted b y the Engineer to be remove d, 3.those bridges and approach slabs,or portion of bridges,which are necessary to be removed in order to complete the work,and 4.other appurtenances or obstructions which maybe designated in the Contract Documents to be included as an item of payment for the work under this Article. Submit schedule information and demolition plan for approval 15 workamg days be fore beginning any de volition or re novation o f any structure s. 110-6.2 Method of Removal: 110-6.2.1 General:Remove the structures in such away so as to leave no obstructions to anypmoposed newbridge or to anywaterways.Pull,cut off,orbreak off palings to the requirements of the permit orotherContract Documents,orifnotspecified,not less than 2 feetbelowthe finished graded surface.In the event that the Plans indicate channel excavation to be done byothers,consider the finished graded surface as the limnits of such excavation.For materials which are to remain the propertyof the Department or are to be salvaged for use in tempararybridges,avoid damage to such materials,and entirely remove all bolts,nails,etc.from timbers to be so salvaged.Mark structural steel muembers for identification as directed. 110-6.2.2 Removal of Steel Members with Hazardous Coatings: Submit to the Enginee r fo r approval the`Contractor's Lead in Construction Compliance Program",QP2 certification from the Society for Protective Coatings(SS PC)from the fun actually re moving anddisposirg of these steeImembersbefore any members are disturbed. Vacuumpower tool c lean any coatedsteelmembertobare metal as definedbySSPC-SP11 a minimum of 4 inches either side of any area to be heated(e.g.torch cutting,sawing,grinding,etc.)in accordance with 29 CFR 1926.354.Abrasive blasting is prohibited. 110-6.3 Partial Removal of Bridges:On concrete badges to be partially re move d and widened,remove concrete by manually or me chanically operated pavement breakers,by concrete saws,by chipping hammers,or by hydro- emolitionmethods.Do not use explosives. Where concrete is to be re moved to neat lines,use concrete saws orhydro-demolitionmethods capable of providing a reasonab ly uniform c leavage fac e.If the equipmne nt use d will not provide a uniform cut without surface spallamg,fast score the outlines of the work with small trenches or grooves.For all demolition methods,submit for reviewand approval of the Engineer,a demolition plan that describes the method of removal,equipment to be used,types of rebar splices or couplers,and method of straightening or cutting rebar.In addition,for hydro- derolition,describe the method forcontrol ofwater or slurry runoff and measures for safe containment of concrete fragments that are thrown out by the hydro-demolition machine. 110-6.4 Authority of U.S. Coast Guard:Forbridges in navigable waters,when constructing the project under authority of a US.Coast Guard permit,the U.S.Coast Guard may imspe ct and approve the work to m move any existing bridge s involved therein,prior to ac ce ptanc e by the De partme nt. 110-6.5 Asbestos Co rdainfiMg Materials(A CM}Nat Identified Prior to the Work Whenencountering orexposimg any condition indicating the presence ofasbestos,cease ore ratio ns imme diately in the vic inity and notify the Enginee r. Make every e$brt to minimize the disturbance of the ACM.Immediatelyprovide provisio ns for the health and safe ty of all jobsite personnel and the pub lic that mayb e expo se d to J 2Q22 ATTACHMENT B Page 245 of 276 1099 KEY LARGO PICKLEBALL COURT INSTALLATION any ACM.Provisions shall meet all applicable Federal,State,and Local Rules and Regulations regardmg potentiallyhaxandous conditions due to ACM. The Engineer will notifythe District Contamination Impact Coordinator(DCIC) who will engage the services of the Department's Contamination AssessmentlRemediation Contracto r(CAR).Provide access to the pote ntial contamination area.Preliminary inve stigation by the CAR Contracto r will deterraine the course of action necessary for site sec urity and the steps ne cessary to re solve the c ontamination issue. The CAR Contractor will perform an asbestos survey to delineate the asbestos areas,and identify any stagmg or holding areas that will be needed for assessment or abatement of the asbestos material. The CAR Contracto r will maintain jurisdic tion over ac tivities within areas co ntaminated with ACM inc lulling staging and ho lding areas.The CAR Contrac tar will be responsible for the health and safety of workers within these delineated areas.Provide co ntinuous ac cess to the se areas for the CAR Contracto r and repre sentatives of re gulatory or enforcement agencies having jurisdiction. Coordinate with the CAR Contractor and Engineer to develop a work plan with projected completion dates for the final resolution of the contamination,in coordination with any reg ulato ry agenc ies as appropriate.Use the work plan and schedule as abasis for planning the completion of all work efforts.The Engineer rraygrant Contract Time extensions according to the provisions of 8-7.3.2. Coope rate with the CAR Contrac tar to e xpedite integration of the CAR Contractor's operations into the construction project.Adjustments to quantities or to Contract unit prices will be made according to work additions or reductions on the pert of the Prime Contracto r in acc ordance with 4-3. The Engine er will inform the Prime Contractor whe n operations mayre sume in the affected area. 110-7 Removal of Existing Cow rete. Remove and dispose ofexisting Portland c ement conc rete pavement:sidewall,slope pavement,ditch pavement:curb,and curb and gutter,etc.,where shown in the Plans. Remove all gravity walls,noisels,aund walls,ruining walls, ME walls,perimeterwalls, and madwayconcne-be barriers,where shown innthe Plans.All anc illary ele me nts of these concrete features being removed including,but not limited to,base,leveling pads,copings, reinforcing steel or straps,footings,edge drains,etc,are incidental and included in the cost of the removal. 110-8 Ownership of Maierials. Except as maybe othenvise specified in the Contract Doc ments,take ownership of all buildings,structures,appurtenances,and other materials removed and dispose of them in accordance with 110-9. 110-9 Disposal of Materials. 110-9.1 Oenerah Eithe r stack mate rials de signate d to remain the property of the Department in neat piles within the right-of-way,load onto the Department'svehicles,or deliver to location designated in the Plans. J,�suzs ATTACHMENT B Page 246 of 276 1100 KEY LARGO PICKLEBALL COURT INSTALLATION Dispose of timber,stumps,brush.,roots,rubbish.,and other material resulting from clearing and grubbing in areas and by methods meeting the applicable require ments of all Federal,State and Local Rules and Regulations.Do not block waterways by the disposal of debris. With the approval of the Engineer,wood chips maybe eve nlydisttuted to a de pth of no more than one inch in de sig nate d areas in the De partment's right-of-way. 110-9.2 Burning Debris: Where burning of such materials is permitted,perform all such burning in accordance with the applicable Federal:State and Local rules and regulations. Perform all boning at locations when trees and shrubs adjacent to the cleared area will not be harmed. 110-9.3 Timber wd Crops:The Contractormaysellany me rchan table timber,fruit trees,and crops that are cleared under the operations of clearing and grubbing for his own benefit:subject to the provisions of 7-1.2,which may require that the timber,fruit trees,or crops be burned at or near the site of their removal,as dire cte d by the Engineer.The Contractor is liable for any claims which may arise pursuant to the provisions of this S ubarticle. 110-9.4 Disposalof Treated Wood: Treated wood mustbe handled and disposed of properly during removal.Treated wood should rut be cut or otherwise me c hanic ally altered in a manner that would generate dust or particles without proper respiratory and dermal protection. The treated wood must be disposed of in at least a limed solid waste facilityor through rec yclinglre use.Treated wood shall not b e disposed bybunrung or plac ement in a construc tion and demolition(C&.D)debris landfill. 110-9.5 Hazardous MaterialslWaste: Handle,transport,and dispose of hazardous materialslwaste in accordance with all Federal:State,and Local Rules and Regulations inc lulling,but not lin tedto,the following: 1.SSPC Guide 7 2.Federal Water Pollution Control Act,and 3.Resource Conservation and Recover Act(RCRA). Accept responsr}oilityfor the collection,sampling,classification,packaging, labeling,accumulation time,storage,manifesting,transportation,treatment and disposal of hazardous materialslwaste,both solid and liquid.Se parate all solid and liquid waste and co llec t all liquids used at hygiene stations and handle as hazardous materialsdwaste.Cbtadn written approval from the Engineer for all hazardous materialslwaste stabilization me thods before implementation. Obtain an EPAdFDEP Hazardous Waste Identification Number (EPAdFDEP ID Number)before transporting anYor disposal of any hazardous mate rialsf waste. List the Department as the generator for hazardous materialslwaste resultirng from removal o r demolition o f Departme nt materials. Submit the following for the Engineers'approval before transporting,treatment or disposal of any hazardous mate rialsfwaste: 1.Name,address and qualifications of the transporte r, 2.Name,address and qualifications of the treatment facility, 3.Proposed treatment andlor disposal of all Hazardous aterialsdWaste. 4.EPAMEP Hazardous Waste Identification Number Application Fonm. 5.Nhnifest forms. Transport all hazardous matenialsfwaste in accordance with applicable Federal, State,and Local Rules and Regulations including,but not limited to,the 40 OFR 263 Standard.. J,�s1t2s ATTACHMENT B Page 247 of 276 1101 KEY LARGO PICKLEBALL COURT INSTALLATION Submit all final Hazardous Mate nalsJVVaste manife stlbills o f lading and certificates of disposal to the Engineer within 21 days of each shipment. 110-95.1 SteelI4leanbers with Hazardow Coating:Dispose of steel members with hazardous coating in one of the following manners: 1.Deliver the ste el membe is and other hazardous waste to a licensed recycling or treatment facility capable of processing steel members with hazardous coating. 2.Deliver the steel members with hazardous coating to a site designated by the Engineer for use as an offshore artificial reef.Deliver any other hazardous materialslwaste to a licensed hazardous materiaLslwaste recycling treatment facility. Dismantle andlor cut steel members to meet the required dimensions of the recycling facility,tre atment facility or offshore artificial reef agency. All co mpensation for the cost of removal and disposal of hazardous rratenalslwaste will be included in the Cost of Removal of Existing Structures. 110-95.2 CertificationofComphance: Submit ce rtification of Compliance from the firm actually removing and disposing of the hazardous materialslwaste stipulating,the hazardous materialslwaste has be en handled,transpa rted and dispo se d of in acc ordance with this Specification.The Certification of Compliance shall be attested to by person havirg legal authority to bind the company. Maintain all rec ords re quire db y this Spe cifrcation and a nsure the se records are available to the Department upon request. 110-10 NEKellammw Operations. 110-10.1 Water Wells Required to be Plugged: Fill or plug all water wells within the right-of-way.including areas of borrow pats and lateral ditches,that are not to remain in service, in accordance with applicable Federal,State,and Local Rules and Regulations. Cut off the casing of cased wells at le ast 12 inches below the ex isting surface or 12 inches below the elevation of the finished graded surface,wlucheve r is lowe r.Nate r we lls,as referred to herein,are defined either as artesian o r no n-arte sian,as folio vs: 1.An artesian well is an artificial hole in the ground from which water supplies maybe obtaine d and which pe netrates any Ovate r-be wring roc 1,the Ovate r in which is raised to the surface by natural flow o r whic h rises to an e levation above the top of the water- bearing bed.Artesian wells are further defined to include all holes drilled as a source of water that penetrate anywater-bearing beds that are a part of the artesian water system ofFlorida,as determinedbyrepresentatives of the applicable Water Management District. 2.A non-arte sign(ovate r-tab le)well is a we ll in which the source of Ovate r is an unc onfined aquife r.The water in a non-arte sign we ll doe s not rise above the source bed. 110-10.2 Leveling Terrain:Within the areas between the limits of construction and the outer limits of clearing and grubbing,fill all holes and other depressions,and cut down all mounds and ridges.Mike the area of a suffrcrent uniform contour so that the Deputment's subsequent mowing and cutting ape ratio ns are not hindered by ine gularity of terrain.Pe rform this work regardless of whether the irregularities were the result of construction operations or existed originally. 110-10.3 Mailboxes:When the Contract Documents require furnishing and installing mailboxes,permit each owner to remove the existing mailbox.Work with the Local Postmaster to develop a me thod of temporary mail service for the perio d be tween re moval and installation of the new mailboxes.Install the mailboxes in accordance with the Standard Plans. J 2Q22 ATTACHMENT B Page 248 of 276 1102 KEY LARGO PICKLEBALL COURT INSTALLATION ,D.O.....- ... 110-11 Method of Measurement. 110-11.1 Clearing and Grubbing: The quantity to be paid for will be the lump sum quantity. 110-11.2 Selective Clearing and Grubbing:The quantity to be paid will be the plan quantity area in acres designated for Selective Clearing and Grubbing. The quantity to be paid for Tree Protection Barrier will be the linear foot measurement as shown in the Plans.Tree Root, Branch Pruning,and Tree Removal will be paid per each tree.Tree Removal per each will not be used where Clearing and Grubbing or Selective Clearing and Grubbing per acre is used. 110-11.3 Removal of Existing Bridges: The quantity to be paid for will be the lump sum quantity or quantities for the specific structures,or portions of structures to be removed. 110-11.4 Removal of Existing Concrete: The quantity to be paid for will be the number of square yards of existing concrete elements,acceptably removed and disposed of,as specified.The quantity will be determined by actual measurement along the surface of the element before its removal. Measurements for appurtenances which have irregular surface configurations,such as curb and gutter,steps,and ditch pavement,will be the area as projected to an approximate horizontal plane. Where the removal of pavement areas is necessary only for the construction of box culverts,pipe culverts, storm sewers,inlets,manholes,etc.,these areas will not be included in the measurements. Area measurements for walls will be based on exposed vertical face measurements times the horizontal length of the wall. 110-11.5 Plugging Water Wells:The quantity to be paid for will be the number of water wells plugged,for each type of well(artesian or non-artesian). 110-11.6 Mailboxes:The quantity to be paid for will be the number of mailboxes acceptably furnished and installed. 110-11.7 Delivery of Salvageable Material to the Department The quantity to be paid for will be the Lump Sum quantity for delivery of salvageable materials to the Department,as indicated in the Plans. 110-11.8 General:In each case,except as provided below,where no item of separate payment for such work is included in the proposal,all costs of such work will be included in the various scheduled items in the Contract,or under specific items as specified herein below or elsewhere in the Contract. 110-12 Basis of Payment. 110-12.1 Clearing and Grubbing: 110-12.1.1 Lump Sum Payment: Price and payment will be full compensation for all clearing and grubbing required for the roadway right-of-way and for lateral ditches, channel changes,or other outfall areas,and any other clearing and grubbing indicated,or required for the construction of the entire project,including all necessary hauling,furnishing equipment,equipment operation,furnishing any areas required for disposal of debris,leveling of terrain and the landscaping work of trimming,etc. Where construction easements are specified in the Plans and the limits of clearing and grubbing for such easements are dependent upon the final construction requirements,no adjustment will be made in the lump sum price and payment,either over or under,for variations from the limits of the easement defined in the Plans. 110-12.1.2 When No Direct Payment is Provided: When no item for clearing and grubbing is included in the proposal,the Contractor shall include the cost of any work of clearing and grubbing which is necessary for the proper construction of the project in the July 2022 ATTACHMENT B Page 249 of 276 1103 KEY LARGO PICKLEBALL COURT INSTALLATION Contract price for the structure or other item of work for which such clearing and grubbing is required.The Contractor shall include the cost of all cleating and grubbing which might be necessary in pits or areas from which base material is obtained in the Contract price for the base in which such material is used.The clearing and grubbing of areas for obtaining stabilizing materials,where required only for the purpose of obtaining materials for stabilizing,will not be paid for separately 110-12.2 Selective Clearing and Grubbing:Price and payment willbe full co mpensation for all se lec tive cle acing and grubbing,including all ne ce scary hauling,furnishing equipment,Certified Aib orista equipme nt ope ratio n,furnishing any are as required for disposal of debris,leveling of tormin,root pruning and tree protection. 110-12.3 Removal of Existing Bridges: Price and payment will be full compensation for all wv rig o f re moval and dispo sal of the de signate d bridges. When direct payment for the rermoval of existing bridges is not provided in the proposal,the Contracto r shall inc lode the co st of re moving all b ridges in the Co ntrac t price for clearing and grubbirg or,if no item of clearing and grubbing is included,in the compensation for the otheritems covering the newbridge being constructed. 110-12.4 Removal of Existing Concrete:Price and payment will be full compensation for performing and completing all the wuA ofremoval and satisfactory disposal. When no separate item for this work is included,the Contractor shall include the costs of this work in the Contract price for the item of clearing and grubbing or for the pipe or other structure for which the cone rete removal is required. 110-12.5 Plugging Water We11s: Pric e and payment will be full c ompe nsation for e ach type of we ll a,c ce ptab ly plugged. If a water well requiring plugging is encountered and the Contract contains no pric e for plugg mg wells of that specific type,the plugging of such well will be paid for as unforeseeable work. 110-12.6 MaMoxes:Price and payment will be full compensation for all work and materials required,including supports and numbers. 110-12.7 Delivery of Salvageable Material to the Department: Price and payment will be full compensation for all wo rk ie quire d for delivery of the mate rials to the De partment. 110-12.0 PaymentItems:Payment willbe made under: Item No. 110- 1- Cleating and Grubbing-lump sum. J,�s[12s ATTACHMENT B Page 250 of 276 1104 KEY LARGO PICKLEBALL COURT INSTALLATION BASE COURSES SECTION 200 ROCK BASE 200-1 Description Constructabase composedofbase rock.Do not use recycled concrete aggregate (RCA) base on interstate roadways. 200-2 Materials. 200-2.1 General:Meet the requirements ofSection 911forthe particular type ofbase to be constructed.The Contractormayuse more than one source of base rock on a single Contract provided that a single source is used throughout the entire width and depth of a section ofbase. Obtain approval from the Engineerbefore placing material from more than one source.Place material to ensure total thickness single source irate grity at any station location of the base. Intermittent placement or`blending"of sources is not permitted.Base rockmaybe referred to hereinafter as`rock". The reuse of existing base maybe considered provided it meets the requirements of this Section.Submit as a Cost Savings Initiative Proposal in accordance with Section 4. 200-2.2 Egg Rock:Meet the following requirements for use of existing rock on the same project: 1.Notify the Engineer in writing prior to excavating existing rock.Do not mill any existing m ck from the roadway. 2.Submit a process control plan,herein referred to as"Plan"consisting of the following: a.Locations where existing rock will be removed from the roadway. b.Locations where existing rock will be used for new construction. c.Method of e xcavation,transport,and placement to ensure excavated roc k will be kept separate from other approved stockpiles.Excavation methods that may result in damage to the m ck rende ung it unfit to be used as b ase will not b e approve d. d.Proposed measures to prevent contamination and segregation. e.Proposed locations and methods for constructing stockpiles for sampling and testing. f.Method for sampling and reporting test results. 3.The Engine er will c oordinate the reviewofthe`Tlan"with the District Mateials OfFice. 4.Upon the Engine er's revie w of the`Plan",build a preliminary sto ckpile,not to exceed 1,000 cubic yards. 5.Collect and test a*++ini um of three samples from the pre liminary stockpile. Once the stockpile hasbeen sampled,do not add any additional material to the stockpile. Determine compliance with 200-2.1,with the exception of carbonate conterts.Reject any stockpile if the Limerock Bearing Ratio(L.BR)is less than 100.Engineer will sample and test the pre liminary stockpile to verify c ompliance with this Se ctio n. 6.Ifall te st re sults mee t the requirements of this Section,the Enginee r will notify the Contractor in writing of the approved status of the pre liminarystockpile based on the analysis of test data performedbythe District Mterials Office. J,�s1t2s ATTACHMENT B Page 251 of 276 1105 KEY LARGO PICKLEBALL COURT INSTALLATION 7.If the use ofexisting rock is approved,continue to produce additional stockpile s not e xcee ding 1,000 cubic yards.Ensure the rock meetsthe require mentsofthis S ection by sampling and testing eachnewstockpile ataminimum freque ncy of one sample per 400 c ub is yards.Once a stockpile has bee n sample d,do not add additional material to that stockpile.The District Mterials Office may also pe rform sampling and testing.Materials will be accepted if test results meet the requirements of this Section. S.After 10 consecutive quality c ontrol(QC)LBR test results me et the requirements of the Section and no individual LBR test is less than 120,the sampling and testing frequency maybe reducedto a minimum fre que ncy of one sample per800 cubic yards for each stockpile.Notify the Enginee r in writing prior to reduc ing to sting freque ncy.If any QC LBR test result falls below120 o r a stockpile is rejected,revertto original sampling fre quenc y of one sample per400 cubic yards. 9.Construct a new prelirrunary stockpile if there is a change in material, conditions not addressed in the `?lam'are encountered,or if production varie s from the approved "Plan". 200-3 Eq*ment Use mec hanical ro ck spre ade is,equipped with a device that strikes off the ro ck uniformly to laying thickness,capable of producing even distribution.For c rossove is,intersections and ramp areas;roadway widths of 20 feet or less;the main roadway area when forms are used and any other areas where the use of a mechanical spreader is not practicable;tle Contractor may spread the roc k using bulldoze rs or blade grade is. 200-4 Transporti ag Rock Transport the rock to its point of use,over rock previously placed,if practicable,and dump it on the end of the preceding spread.Hauling and dumping on the subgrade will be permitted only who n,in the Engineer's opinion,these operations will not be detrimental to the subgrade. 200-5 Spreading Rock 200-5.1 Method of Spreading: Spre ad the rock urdfo rmly.Remove all segregated are as of fine or coarse rock and replace them with prop rlygraded rock. 200-5.2 Nunber of Courses:When the specified compacted thickness oftle base is gre ate r than 6 inches,construct the base in multiple courses of equal thickness.Irudividual co urse s shall not be less than 3 inches.The thickness of the fast course maybe increase d to bear the we ight of the construc tion e quipme nt without disturbing the subg ride. If,through field tests,the Contractor can demonstrate that the compaction equipment cam achieve density for the full depth o f a thicke r lift:and if approved by the Engineer,the base maybe constructed in successive courses of not more than 8 inches co mpac ted thickne ss. The Engineer will base approval on results of a test section constructed usirg the Contractor's specified compaction effort.Notify the Engineer prior to beginning construction of a test section.Construct a test section of the length of one LOT. Perform five QC density tests at random loc ations within the to st se ctio n.At each to st site,to st the b ottom 6 inc hes in addition to the entire course thickness.All QC tests and a Department Verification test must meet the de nsity required by 200-7.2.1.Identify the test section with the compaction effort and thickness in the Earthwo rk Records S ystem(ERS)portion of the Departure nt's database.Remove the J, sus ATTACHMENT B Page 252 of 276 1106 KEY LARGO PICKLEBALL COURT INSTALLATION materials above the bottom 6 inches,at no expense to the Department.The minimum density required on the thickerlift will be the average of the five results obtained on the thick lift in the passing test section.Maintain the exposed surface as close to"undisturbed"as possible;no further compaction will be permitted during the test preparation.If unable to achieve the required density;remove and replace or repair the test section to comply with the specifications at no additional e xpense to the Department. The Contracto r may e lec t to place material irn6 inches co mpac ted thickne ss at any time. Once approved,a change in the source of base material will require the construction of a newtest section.Do not change the compactio n e ffort once the test section is approved.The Enginee r will periodicallyve rify the densityofthe bottom 6 inches during thick lift operations. The Engineer may terminate the use of thick lift construction and instruct the Contracto r to revert to the 6 inche s maximum lift thic kness if the Contractor fails to achieve satisfactory re salts o r mee t applicable spec ific atio ns. 200-5.3 Rock Base for Shoulder Pavemeid:Unless otherwise permitted,complete all roc kb ase shoulder c omstruc tion at any partic ular location before plac ing the final course o f pavement on the traveled roadway.Whe n dumping mate rial fo r the co nstruction of a ro ck base on the shoulders,do not allow material capable ofscarring or contaminatungthe pavement surfac e on the adjacent paveme nt.Imme diately swee p o ffany rock material that is deposited on the surface course. 200-6 Comp acting and Finishing Base. 200-6.1 Generah Construct mainline pavement lane s,turn lanes,ramps,parking lots, concrete box culverts and retaining wall systems meeting the requirements of 120-8.1,except replace"embankment"with"base". Construct shoulder-onlyareas,shared use paths,and sidewalks.Meet the requirements of 120-8.1 exc ept replac e"embanl•,raenf'with base"meetirg the acceptance criteria of200-7.2.Shouldeis co mpacted separate ly shall be c onsidered separate LOTS. 200-6.1.1 Single Course Base:After spreading,scarifythe entire surface,then shape the base to produce the required grade and cross slope,free of scabs and laminations,after compaction. 200-6.1.2 Multiple CourseBase: Clean the fast course offoreignmaterial,then blade and bring it to a surface cross slope approximately parallel to the finished base.Before spreading any mate rial for the upper c curses,allow the Eng inee r to make density to sts for the lower courses to determine that the required compaction has be en obtained.After spreading the material for the top course,scarifyfmish and shape its surface to produce the required grade and cross slope,free of scabs and laminations,after compaction. 200-6.2 Moisture Content:When the mate rialdoes not have the proper moisture content to a nsure the re quire d de nsity,we t or dry it as re quired.Whe n adding water,uniformly mix it in to the full depth of the course that is being compacted.During wetting or drying operations, manipulate,as a unit:the entire width and depth of the couise that is being compacted. 200-6.3 Thickness Requirenwmits:Within the entire limits of the length and width of the fnishedbase,meet the specified plan thickness in accordance with the requirements of200- 7.3.1.2. 200-6.4 CorrectionofDefects: 200-6A.1 ContaminationofBaseMaterial:If,at anytime,the subgra,de materialbecomes mixedwith the base course material,dig out and remove the mixture,and J, sus ATTACHMENT B Page 253 of 276 1107 KEY LARGO PICKLEBALL COURT INSTALLATION reshape and compact the subgrade.Then re plac a the materials removed with clean base material, and shape and compact as specified above.Perform this work at no expense to the Department 200-6A.2 Crack aid Checks:If clacks or checks appear in the base,either before or after priming,which,in the opinionof the Engineer,would impair the structural eft`rciencyof the base,remove the cracks or checks byrescarifying,reshaping,adding base material where necessary,and recompacting. 200-6.5 Compaction of Widenimg Strips:Where base construction consists of widening strips and the tre nch width is not suffic ient to permit use of standard base c ompac tion a quiprnenta co mpac t the base using vibratory compactors,trenc h rolle is or oche r spe cial equipment which will achieve the density require ments specified herein. he n multiple course base c onstruction is re quire d,c ompac t each c muse prior to spreading material for the overlaying course. 200-7 Acceptance Pro grauL 200-7.1 General Requirement:Meet the requirements of 120-10,except exclude the requirements of 120-10.1.4.3, 120-10.3.1, 120-10.4.3,and 120-10.4.4.Use 200-7.3.1.1 instead of 120-10.1.4.1,200-7.2 instead of 120-10.2,and 200-7.4.1 instead of 120-10.4.1. 200-7.2 Acceptance Criteria: 200-7.2.1 Density:Within the e ntire limits of the width and depth of the base, obtain a minimum de nsity in any LOT of 98%of modified Proctor maximum density as determinedbyFM 1-T180 or the Pit Proctor when using the Pit Proctor option.For shoulder onlyareas and shared use paths,obtain a minimum density of 95%of the modified Proctor maximum density as de-be rminedbyFM 1-T180 or the Fit Proctor when using the Pit Proctor option. 200-7.2.2 Frequency:Conduct QC sampling and testing at a minimum frequency liste d in the bible below.The Eng inee r will perform V erification sampling and tests at a minimum frequency listed in the table below. Table 200-1 Mairdine Pavement Lanes,Turn Lanes,Ramps,Parking Lots,Concrete Box Culverts and RetainingWall S toms Te st Name lit Control Verification Modified Proctor One per eight consecutive One per 16 consecutive LOTS Maximum Do nsity LOTS DensitV One pe r LOT One per four MOTs Roadway Surface ard Cross One perLOT One per two LOTS Slope Roadway Thickness Three rerLOT Witness 220 J 2Q22 ATTACHMENT B Page 254 of 276 1108 KEY LARGO PICKLEBALL COURT INSTALLATION ,D.O.....- ... Table 200-2 Shoulder-Onl ,Shared Use Path and Sidewalk Construction Test Name Quality Control Verification Modified Proctor One per two LOTS One per four LOTS Maximum Density Density One per LOT One per two LOTS Surface and Cross Sloe One per LOT One per two LOTS Thickness Three per 1000 consecutive feet Witness 200-7.2.3 Pit Proctor:In lieu of Modified Proctor Maximum Density testing at the roadway,notify the Engineer in writing that the Contractor option to use the Pit Proctor supplied by the Department will be used.The Modified Proctor maximum density frequency requirements of 200-7.2.2 shall not apply.The Department will determine the Pit Proctor from statistical analysis of the base rock Modified Proctor maximum density at Department approved mines.For posting of Mines and Pit Proctors for each calendar quarter refer to the Pit Proctor Quarterly report located at the following URL: https://www.fdot.gov/materials/laboratory/geotechnical/aggregates/pitproctor/index.shtm.Use the current posted Pit Proctor value in lieu of the Modified Proctor maximum density required by 200-7.2.1.Use the current posted Pit Proctor value for density acceptance during the quarter corresponding to the posting.Notify the Engineer in writing if returning to the provisions of 200- 7.2 and 200-7.2.2 but do not re-elect to use the Pit Proctor until the start of the next calendar quarter. 200-7.3 Additional Requirements: 200-7.3.1 Quality Control Testing: 200-7.3.1.1 Modified Proctor Maximum Density Requirement: Collect enough material to split and create three separate samples and retain two for the Engineer's Verification and Resolution testing until the Engineer accepts the 16 LOTS represented by the samples. 200-7.3.1.2 Depth and Surface Testing Requirements: Notify the Engineer a minimum of 24 hours before checking base depths and surface checking.Determine test locations including Stations and Offsets,using the Random Number generator approved by the Department.Do not perform depth and surface checks until the Engineer is present to witness.Enter test results into the Department's database. Perform thickness check on the finished base or granular subbase component of a composite base.Provide traffic control, coring/boring equipment,and an operator for the coring/boring equipment.Traffic control is to be provided in accordance with the standard maintenance of traffic requirements of the Contract. The thickness is considered deficient,if the measured depth is over 1/2 inch less than the specified thickness.Correct all deficient areas of the completed base by scarifying and adding additional base material.As an exception,if authorized by the Department, such areas may be left in place without correction and with no payment. 200-7.3.1.3 Surface&Thickness Reduced Testing Frequency: When no Resolution testing is required for 12 consecutive verified LOTS,or if required,the QC test data was upheld,reduce the QC surface and/or thickness checks to one half the minimum requirements as stated in 200-7.2.2(e.g.,reduce frequency from ten per LOT to ten per two LOTS)by identifying the substantiating tests and notifying the Engineer in writing prior to July 2022 ATTACHMENT B Page 255 of 276 1109 KEY LARGO PICKLEBALL COURT INSTALLATION starting reduced frequency of testing.If the Verification test fails,and QC test data is not upheld by Resolution tasting the W tasting will revert to the original fie quencyof 200-7.2.2.The results of the Independent Verification testing will not affect the frequency of the QC testing.Da not apply re duc eci to sting frequency in construction of shoulder-only areas,shared use paths,and sidewalks. 200-7.3.2 Dep artment Verification Tests: 200-7.3.2.1 Maxfttum Density:The Engineer will randomly se lec t one of the remaining two split samples and test in accordance with FM 1-T1SO. 200-7.3.2.2 Thickness and Su lue Testing Requirements:The Department will witness the base depth and surface checks to ensure compliance with 200- 7.3.1.2.If the QC test results are not deficient as defined in 200-7.3.1.2,the LOT or 500-foot section will be accepted.If the QC test results are deficient:resolve deficiencies in accordance with 200-73.12.Re pat acceptance testing.Provide traffic control,coringkoringequiprnent, and an operator for the coringfboring equipment. 200-7.4 Verification Comparison Criteria and Resolution Procedures: 200-7A.1 Modified Proctor Maximum Density:The Engineer will compare the Verification test results of 20 0-7.3.2.1 to the corresponding QC test results.If the test result is within45 lblftc of the QC test resulta the LOTS will be verified.Otherwise,the Engineer will collect the Resolution split sample corresponding to the Verification sample tested.The State Nhteiials Office or an AASHTOaccreditedlaboratorydesignatedbythe State Nhteiials Office will perform Resolution testing.The material willbe sampled and tested in accordance with FM 1-T1S0. The Engineer will compare the Re solution Test results with the QC test results.If the Re solutionTest result is within 4.5 lblff�of the corresponding QC test result,the Engineer will use the QC test results for material acceptance purposes for each corresponding set of LOTS.If the Resolution test result is not within 4.5 IM13 of the corresponding QC test,the Engineer will collect the remaining Verification split sample for testing.Verification Test results will be used for material ac ceptanc a purposes for the LOTS in question. 200-7A.2 Pit Proctor:When using the Pit Proctor option,the Engineer will select a random to cation to sample and test at the minimum freque ncy in the table be low,to obtain an Inde pendent V erification(IV)maximum de nsity as determined by FM 1-T180.The Engine er will collect enough material to split and hold a sample for Resolution testing. Table 120-3 Mainline Pavement Lanes,Turn Test Name Lanes,Ramps,Parking Lots, Shoulder-Only;Shared Use Path Concrete Pox Culverts and and Sidewalk Construction Retairmig Walls7stems IV Modified Proctor One per 16 consecutive LOTS One per 4 consecutive LOTS Maximum Density The Engineer will compare the IV results with the Pit Proctor.If the IV result is lower than or equal to the Pit Proctor plus 4.5 pcf,keep the option to use the Pit Proctor. If the IV result is more than 4.5 pc f highe r than the Pit Proctor the Engineer will test the Resolution sample and compare the Resolution result with the Pit Pro ctor.If the Resolution Jib 2Q22 ATTACHMENT B Page 256 of 276 1110 KEY LARGO PICKLEBALL COURT INSTALLATION result is lower than ore qual to the Pit Proctor plus 4.5 pcf.keep the option to use the Pit Proctor. Otherwise return to the provisions of 200-7 22,200-7.3.1.1,200-7.3.2.1,and 200-7.4.1. 200-7 A 3 Density:When a Verification or Indepe nde nt V erific ation densit yte st does not meet the require meets of 200-7 2.1 (Acceptance Criteria),retest at a site within a 5 feet radius of the Verification test location and observe the following: 1.Ifthe QC retest meets the Acceptance Criteria and compares favorably with the Ve rific atio n or Indepe ndent Ve rification testa the Enginee r will ac ce pt the MOTs in question. 2.If the QC retest doe s not mee t the Acc eptance Criteria and c ompares favorably with the Verification or Independent Verification testa rework and retest the material in that LOT.The Engineer will re-verifythe LOTS in question. 3.If the QC retest and the V erific ation or Indepe ndent V erification to st do not compare favorably:complete a new equipment-comparison analysis as defined in 120-10.1.1. Once acceptable comparison is achieved:retest the LOTS.The Engineer will perform new verification testing.Acceptance testing will not begin on a newLOT until the Contractor has a gauge that meets the comparison requirements. 200-7AA Mace TesfuMg Requirements:Resolve deficiencies in accordance with 200-7 3.12. 200-7.5 Cross Slope:Construct base surface with cross slopes in compliance with the requirements of the Contrac t Doc uments.Furnish a level with a minimum le ngth of 4 fe et with a digital slope measuring device approved by the Engine er for the control of cross slope.Make this level or measuring device available at the job site at all times during base construction operations. 200-7.5.1 Quality ControlRegidrements: Measure the cross slope of the base surfac e by placing the measuring devi,c a perpe rdicular to the m adway ce me rune.Re port the cross slope to the nearest 0.1°/¢.Record all the measurements and submit to the Engineer for documentation.Measure the cross slope at a minimum frequereyof one measurement per lot to ensure the cross slope is unifomn and in compliance with the design cross slope.When the difference between the measured cross slope and the design cross slope exceeds f0.2%for travel lanes(including turn lanes)or f0.5%for shoulders:make all corrections in accordance with 200- 7.5.3 to bring the cross slope into the acceptable range. 200-7.5.2 Veriffication: The Enginee r will verify the Contractor's cross slope me asurements by randomly taking one measurement every two lots.If the average cross slope of the ten random measureme nts vane s more than the allo wable tolerance from the design c ross slope(i0.2°/¢for travel lanes(inc lulling turn lane s)and f0.5%for shoulders):make co mo ctions in accordance with 200-7.5.3 to bring the cross slope into the acceptable range.A recheck of the cross slope will be made following any c onections or additional work performed on the base surface.This process will be nopeated until the base cross slope meets the require mentsofthis specification. The Engine er may waive the co ire ctions spec ifredabove(at no reductioninn payment)if: 1.the deficiencies are cuff'iciently separated soas not to affect the overall ride quality,traffic safetyand surface drainage characteristics of the pavement and; 2.the Contractor agrees to use asphalt to fill in areas where the earthwork is low at no additional cost to the De p ulment gre ate r than the 10%allowed in Sections 234,334, 337,and 339. J 2Q22 ATTACHMENT B Page 257 of 276 1111 KEY LARGO PICKLEBALL COURT INSTALLATION For intersections,tapers,crossovers,transitions at beginning and end of project and similar areas,adjust the cross slope to match the actual site conditions or as dire cted by the Engineer. 200-7.5 3 Cross Siope Corrections:Cone all cross slopes out of tolerance per 200-7.5.1 and 200-7.5.2 in accordance with 200-7.3.1.2. 200-7.5A Elevation Data Coltectiow Within curb and gutter areas and in widening are as,measure and reco id elevation of finishe d surface of base course eve ry 500 fe et by measuring elevation of base adjacent to curb and gutter,as well as at each lane edge location. Provide the elevation measurements to the Engineer. 200-8 Primti ng and Ahimtsitri mg_ 200-8.1 Prhnhg:Applythe prime coat onlywhen the base meets the specified density requirements and when the moisture content in the top half of the base does not exceed the optimum moisture of the base material.At the time of prirrdng,ensure that the base is firrq unyielding and in such condition that no undue distortion will occur.Ensure the prime coat adheres to the base course. 200-8.2 Maindai>rmrg:Maintain the true crown and template,with no rutting or other distortion,while applying the surface course. 200-9 Cali ulations for Average Thickness of Base. Forbases that are not mixedin place,the Engineer will determine the average thickness from the measurements specified in 200-10.1,calculated as follows: 1.When the measured thickress is more than 1f2 inch greater than the design thickne ss shown on the typic al sec tion in the Plans,it will be c onsidere d as the de sig n thi,c hie ss plus 1f2 inch. 2.Average thickness will be c alc ulated pe r typic al sec tion for the entire job as a unit. 3.Any areas of base left in place with no payment will not be included in the calculations. 4.Whe re it is notpossible through borings to distinguish the base mate rials from the underlying materials,the thickness of the base used in the measunement will be the design thickness. 200-10 Method of Measummeilat. 200-10.1 General:The quantity to be paid for will be the plan quantity;adjusted as spec ified b elow. 200-10.2 Authorized Normal Thiclniess Base: The surfac a are a of authorize d normal thickne ss base to be adjusted will be the plan quantity as spec ified above,omitting any areas not allowed for payment uncle r the provisio ns of 200-6 3 and omitting areas which are to be included for payment under 200-10.3.The adjustment shall be made by adding o r deducting,as appropriate,the area ofbase represented by the difference betwe en the calculated average thickne ss,dete rmined as provided in 200-9,and the spe cified normal thickness,c onve rted to equivalent square yards of normal thickness base. 200-10.3 Authorized Variable Thkkwss Base:Where the base is constructed to a co mpac ted thickne ss other than the normal this kre ss as shown on the typic al se ction in the Plans, as specified in the Plans or ordered by the Engineer for providing additional depths at culverts or bridges,or for providing transitions to connecting pavements,the volume of such authorized Jib 2Q22 ATTACHMENT B Page 258 of 276 1112 KEY LARGO PICKLEBALL COURT INSTALLATION variable thickness compacted base will be calculated from authoriaedlines and grades,or by other methods se lec ted by the Engineer,converted to equivalent square yards of normal thickness base for payment. 200-11 Basis of Payment Price and payment will be full compensation for all the work specified in this Section, including dust abatement:correcting all defective surface and deficient thickness,removing cracks and checks as provided in 200-6.4.2,the prime coat applicationas directed in 300-8,and the additional rock required for crack eliminatio n. Payment shall be made under: Item No.285- 7- Optional Base-per square yard. J, sus ATTACHMENT B Page 259 of 276 1113 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 234 SUPERPAVE ASnIALT BASE 234-1 Description Construct a Superpave asphalt concrete base course as defuned in these Specifications. Base course mixes are de signated as Tyre B-12.5.The Contrac tor mayuse aType SP-12.5 mixture(Traffic Level B,C,or E)or a Type SP-190 mixture (Traffic Level B,C, orE),in lieu of a Type B-12.5 at no additional cost to the apartment. Obtain Supe rave asphalt base from a plant that is curre ntly on the Department's Production Facility Listing.Producers seeking inclusion on the list shall meet the requirements of Section 105. 234-2 Materials. 234-2.1 General:Use materials that confomn to the requirements of Division III.Specific references are as follows: S uperpave PG Asphalt Binder ............................Section 916 Coarse Aggregate,Stone,Slag or Crushed Grave 1.....................................................Section 901 Fine Aggregate......................................................S ec lion 902 234-2.2 Reclaimed Asp halt Pavement(RAP):RAP maybe used as a component material of the asphalt mixture provided the requirements of 334-2.3 are met. 234-3 General Composition of Mixture. 234-3.1 General:Compose the asphalt mixture using a combination of aggregate (coarse,fine or mixtures thereof),mineral filler if required,and asphalt b inder material.Size, grade and combine the aggregate fractions to meet the grading and physical Properties of the mix de sig n.Aggre gates from various sour,es maybe combined. 234-3.2 Mir Desip:Unle ss othe rwise spe cifie d,design the mix suc h that all requirements for a Type SP-12.5,Traffic Level B or C mixture as specified in Section 334 are me t. 234-3.2.1 Gradation Classification: Use a fine mix as define d in 334-3.2.2.1. 234-3.2.2 Aggregaie Consensus Properties: Meet the aggregate consensus prop rtie s at design as spec ified in 334-3.2.3.Me et the criteria spe cifred for a depth o f top of pavement layer from surface of greater than 4 inches. 234-3.2.3 Mir Design Reuisions:Meet the requirements of 334-3.3. 234-4 Contractor's Process ControL Meet the requirements of 320-2,330-2 and 334-4. 234-5 Acceptance of the Mixture. The mixture will be acc epte d in ac cordance with the requirements of334-5.Use the Pe mussible variations from longitudinal and transverse grade s as spec ified in 200-7. 234-6 Plant,Methods and Equipment. Meet re quire ments of S ec tion 320,with the following modifications: 234-6.1 Pavigg Equipment:A motor grader maybe used to spread the fast course of multiple course bases when the subgrade will not support the use of a mechanical spreader.The J 2Q22 ATTACHMENT B Page 260 of 276 1114 KEY LARGO PICKLEBALL COURT INSTALLATION Engineer will not require mechanical spreading and finishing equipment for the construction of base widening strips less than 6 feet in width or where the shape or size of the area will not accommodate mechanical spreading and finishing equipment. 234-6.2 Compaction Equipment:In areas wheie standard rollers cannot be accommodated,vibratory rolle rs supple mented with true ks,motor grade rs,or other compaction equipment approved b y the Engineermaybe used. 234-7 ConstcuctionRequirememts. 234-7.1 General:Meet the gene ral c onstruc lion requirements of Section 330,with the following modifications: 234-7.1.1 Temperature Limitations:Spread the mixture only when the air temperature is at least 40°F.Do not place the material on frozen subgrade. 234-7.1.2 Tack Coat:Unless otherwise authorized by the Engineer,apply tack co at between successive layers of base material. 234-7.1.3 Thickness of Layers:Construct each course in layers,such that the compacted thickness is in compliance with the layer thicknesses in 234-8.1.1 and spread rate tolerance in 234 2. 234-8 Thickness Requirememats. 23".1 General:The total thickness of the Type B asphalt lays rs will b e the plan thickness as shown in the Contract Documents.Before paving,propose a thickness for each individual layer me eting the requirements of this specification,which when co mbined with other layers(as applicable)will equal the plan thickness.For construction purposes,the plan thickness and individual layer thickne ss will be c onverted to spread rate base d on the maximum spe cific gravity of the asphalt mix be ing used,as we ll as the minimum de nsity level,as shown in the following equation: Spread rate(Do s.per square yard)=t x G.x 43.3 Where:t=Thickness(in.)(Plan thickness or individual layer thickness) G.=Maximum specific gravity from the verified mix design The weight of the mixture shall be determined as provided in 320-3.2.For target purposes only,spread rate calculations should be rounded to the nearest whole number. 234-8.1.1 Layer T deli sses:The allowable layer thicknesses for asphalt base mixtures are as follows: Type B-12.5,SP-12.5........................1-1f2 to 3-1f2 inches Type SP-19.0.................................2 to 4 inches 23".2 Spread Rate Tolerance:Control the average spread rate on a dailybasis to withinplus orminus 5%of the target spread rate for the individual layers established by the Engineer.When the average dailyspread rate is outside this tolerance from the target adjust the spreadrate to the requiredvalue establishedbythe Engineer.The Engineerwill periodically verifythe spread rate at the job site during the paving operation. 234-8.3 Allowable Deficiencies:The Engineer will allow a maximum deficie ncy from the specified spread rate for the total thickness as follows: 1.Forpavement of a specified thickness of 2-1l2 inches or more:50 pounds per square yard. 2.Forpavement of a specified thickness of less than 2-1f2 inches:25 pounds per square yard. J,�s1t2s ATTACHMENT B Page 261 of 276 1115 KEY LARGO PICKLEBALL COURT INSTALLATION 234-8.4 Pavement Exceefing Allmvab1e Deficiexy in 9p read Rate: Where the deficiency in spread rate for the total thickness is in excess of 50 pounds per square yard for pavements with a specified thickness of 2-1l2 inches or more,or in excess of 25 pounds per square yard for pavements with a specified thickness of less than 2-1l2 inches,the Engineer may require removal and replacement at no cost or my require a correction as specified in 234-8.5. The Engineer mayrequne the Contractor to core the pavement forthickness in order to determine the area of pavement with deficient thickness. As an exception to the above,the Contractor may leave pavement outside the =inn roadway in place without compensation when the Engineer allows,even though the de ficie ncy e xc ee ds the tolerance as specified above. The De pulment will not compensate the Contrac tor for any pavement re moved or for the work of removing such paveme nt. 23".5 Correcting Defrinwyby Adding New Swface Material:In the event the total thickness as determined by the spreadrate isexcessivelydeficientas defined above and if approve d by the Enginee r for eac h particular location,c orrect the de ficient this kness by adding ne w surfac a material and c ompac ling it using a rolling pattern as approved by the Engine er.The Enginee r will Bete rmine the area to be cone cte d and the this kness of no w material added. Perform all overlaying and compacting at no expense to the Department. 234-9 Methud of MeasuremeiiaL The quantity to be paid for will be the plan quantity.Fo r e ac h pay ite nr,the pay area will be adjusted based upon the following formula: Pay Area=Surface Area(actual tonnage placedladjusted plan quantitytonrage). Where:The adjusted plan quantity tonnage is calculate d by multiplying the plan quantity square yards(including any Engirueerapproved quantity revisions)times the spread rate as defined in 23 4-8.1 and dividing by 2,000 pounds per ton,a xcept the pay item's tonnage-weig kited ave rage O.is used instead o f the de sig n O.as define d in 234-8.1. The pay area shall not exceed 110V.,of the de sigre d surface area. Prepare and submit a Certification of Quantities to the Engine er in accordare e with 92.1.2. 234-10 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section, inc luding the applicable re quire ments of Se ctio ns 320,330 and 334.The bid pri,c a for the asphalt mix will include the c ost of the liquid asphalt binder and the tic k coat application as directed in 300-8. Paymentwillbe made under: Item No.285- 7- Optional Base-per square yard. J,�s1t2s ATTACHMENT B Page 262 of 276 1116 KEY LARGO PICKLEBALL COURT INSTALLATION SE CTION 440 UNDERDRAINS 440-1 Description Constructunderdrains,underdrairncleanoutstructuns,underdrairLmspectionboxes and unde rdmirn outlet pipes m ac cordanc e with the Plans and Standard Plans,Inde xes 440-001 and 440-002.Use anyone of the types of pipe listed in 440-2,unless a particular type is specifically required.Use only pe rfo rated pipe,and do not use open joints. 440-2 Materials. Meet the following requirements: Filte r Aggregate....................................................S ec tion 902 Polyvinyl-Chloride Pipe.......................................Section 948 Corrugated High Density Polye thylene Pipe......Section 948 Filter Fabric Sock.................................................Section 948 Geotextile Fabrics*...............................................Section 985 *Use pro ducts liste d on the Department's Approved Product List(APL). 440-3 Excavating Trench Exc avate the trenc h carefully,to the depth require d to lie rmit the pipe to be laid to the grade required,and to the dimensions shown in the Plans. 440-4 Laying Pipe:. 440-4.1 General:Bed the pipe firmly on the bottom of the trench,with the perforations down and joints securely made. 440-4.2 Corrugated Steel Pipe-Protec tkin of Coating:Handle corrugated ste el pipe in such a way that the zinc or aluminum coating will not be bruise d or broken.Do no t use pipe showing bruises or breakage of the zinc or aluminum coatirg. 440-4.3 Protec tion o f Drain Inlet:Protect the influe nt end of the pipe in manner which will prevent any soil from entering the drain. 440-4.4 Lateral Connections:Make lateral connections with pre fabric ate dwyes,tees, elbows,etc.,as ne quire d. 440-4.5 Underdraiin Imp ectionBox:Construct underdrain inspectionboxes in ac cord,ance with S tandard Plans,Index 440-002 and the Plans. 440-4.6 Underdraiin Cleamut Structures:Construct underdrain cleanout structures of in-line wye fittings and stub for access where called for in the Plans. 440-4.7 Underdraiin Omflet Pipe:Use non-perforated pipe.Construct underdrain bends in accordance with Standard Plans,Inde x 440-002. 440-5 Placing Filter Material and BackGEiw, 440-5.1 Placing Material:After laying the pipe and obtaining the Engineer's approval, backfill the trench with filter material to the lutes shown in the Plans. J,�s1t2s ATTACHMENT B Page 263 of 276 1117 KEY LARGO PICKLEBALL COURT INSTALLATION 440-5.2 Comp actin n of Filtr Material and Protection of Pipe:Place and compact the filter material around the pipe and for the full width of the trench,in lave rs not exceeding 6 inches in thickness.Take special care to aim id displacement or damage to the pipe. 440-5.3 Bacldill Ab ove Fifer Material:For all types of pope,backfill the portion of the trench above the filter mate real with suitable pervious material.Place and compact the mate real in layers not exceeding 4 inches in thickness. 440-6 Type V Underdrain Construction To prevent clogging of Type V undendmin from construction sediments,initially excavate the associated stormwater facilities to rough grade.After the contributing drainage area is stabilized,construct the underdrains and excavate the stormwaterfacilities to achieve the final elevation. 440-7 Method of MeasuremeroL The quantities tobe paid forwillbe the length,in feet:ofunderdrain,whichincludes underdmmcleancut structures,measured in place,along the centerline and gradient of the underdrain,completed and accepted.The quantities tobe paid for willbe the length,in feet of outlet pipe measured in place,along the centerline and gradient of the outlet pipe,completed and accepted.The quantity-of unde rdmin inspec tion boxe s to be paid for will be the number completed and accepted. No separate measurement or payment willbe made underthis Section for underdrains associated with box culverts o r the Standard Plans,Index 400-289. 440-0 Basis of Payment. Price and payment will be full compensation for all the work specified in this section, inc lulling all mate rials,disposal of materials,pipe and fittings,stubbing into drainage structure s, and all excavation except the volume included in the items for the grading work. Paymentwillbe made under: Item No.440- 1- Unde rdrain-per foot. Item No.440-73- Underdrain Outlet Pipe -per foot. J,�s1t2s ATTACHMENT B Page 264 of 276 1118 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 522 CONCRETE SIDEWALK SAND DRIVEWAYS 522-1 Description Construct concrete sidewalks and drive wags in accordance with the Plans and the S t ndard Plans.Side walk will include curb ramps,landings,transitio n slo pes,sidewalk c urb,and edge beams. 522-2 Materials. Meet the requirements specified in 520-2 and the embankme nt utilization requirements of St ndard Plans Index 120-001. 522-3 Forms. Provide forms as specified in 520-3. 522-4 Foundation. S hap and compact the foundation materials with suitable a quipme nt to a firm,eve n surface,true to grade and cross-slope.Meet the testing freque ncy and maximum lift thickne ss requirements of Se ction 120.Rec ord density to st results in the Earthwork Re cords S ystem(IRS) sec tion of the De p ulment's database.Compac t cut-and-fill areas within 1 foot be yond each side of the sidewalk or driveway,when right-of-wayconditions allow.Compact the foundation material be low the bottom of concrete for a minimum depth of 1 foot for cut areas, 1 foot forfill are as less than 1 fo ot,and 2 fe et for all othe r fill areas to a density not le ss than 95%of the maximum density as determinedbyFM 1-TD99.Compact the material in the remaining fill areas to match the adjacent area density. 522-5 Joints. Install expansion and co ntra,c tion joints in accordance with the Plans and the Standard Plans. 522-6 Placing Concrete. Place the concrete as specified in520-5. 522-7 Finishing, 522-7.1 Scree ding:Strike-off the concrete by means of a wood or metal screed,used pe rpendic ular to the forms,to obtain the require d grade and remove surplus Ovate r and laitance. 522-7.2 Surface Requirements:Imprint concrete as detailed in the Plans, otherwise provide abroom finish.Ensure that the surface variations are not more than 1 A inch under a 10-foot straightedge or more than 1!8 inch on 5-foot tranuverse section.Finish the outer edges of the conc rete with an edg ing tool having a radius of 1�2 inch. 522-7.3 Sidewalk Cross Slope Requirements: Construct sidewalk with cross slope as shown in the Plans and Standard Plans.Sidewalks must have some cross slope,but no more than 2.0%,in eitherthe positive or negative direction after construction. 522-8 Coming. Cure the concrete as specified in 520-8. J,�s1t2s ATTACHMENT B Page 265 of 276 1119 KEY LARGO PICKLEBALL COURT INSTALLATION 522-9 Opening Sidewalk to Pedestrian Traffic. Install detectable warnings,when shown in the Plans,inaccordance with Section 527 on co mple ted sec tions of sidewalk be fore opening to pedestriantraffic. 522-10 Method of Measurement. The quantity to be paid will be plan quantity.in square yards,completed and accepted. 522-11 Basis of Payment. Price and payment will be full compensation for all work specified in this Section. Excavation for newnotallations willbe paid forunder the items for the grading work on the project. Paymentwillbe made under: Item No.522- Concrete Sidewalks-per square yard. J,�s1t2s ATTACHMENT B Page 266 of 276 1120 KEY LARGO PICKLEBALL COURT INSTALLATION SECTION 32 31 13 CHAIN LINK FENCES PARTI-GENERAL 1.01 SCOPE OF WORK: Furnish and install all labor, materials and related items necessary for the installation and completion of all Vinyl Coated Chain Link Fencing as shown on the contract drawings and as specified. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. NIA. 1.03 GENERAL REQUIREMENTS A. Exterior fence height will be 10'-0"and interior fence height 3-6". B. Coordinate this installation with other trades. C. Investigate and verify all dimensions. Arrange the work and furnish materials to suit field dimensions. D. Approval of shop drawings required prior to fabrication. E. Proposals will be accepted only from those regularly engaged,for the past five years,in manufacture and installation of chain link fencing as specified herein. F. Contractor to supply any and all materials needed to provide a complete and finished product. 1.04 LOCATION: All fencing is shown on plan. See drawings for location,extent of work and other requirements. 1.05 SUBMITTALS A. Changes in specification may not be made after the bid date unless written approval is obtained from the Owner's Authorized Representative. B. Shop Drawings: Layout of fences and backstops with dimensions,details, and finishes of components, accessories, gates,and post foundations. C. Product Data: Manufacturer's catalog cuts indicating material compliance and specified options. D. Samples: Submit color selections for PVC finishes and samples of materials(e.g.,fabric, wires and accessories) PART 2—PRODUCTS 2.01 MANUFACTURER A. Products from qualified manufactures or approved equal having a minimum of five years experience manufacturing thermally fused chain link fencing will be acceptable by the Monroe County Chain Link Fences Key Largo Pickleball Court Complex Section 32 31 13 ATTACHMENT B Page 267 of 276 1121 KEY LARGO PICKLEBALL COURT INSTALLATION Owner's Authorized Representative as equal, approved in writing,ten days prior to bidding, and if they meet the following specifications for design,size gauge of metal parts and fabrication. B. Obtain chain link fences, including accessories,fitting, and fastenings,from a single source. 2.02 CHAIN LINK FENCE FABRIC A. PVC coating thermally fused to metallic coated steel core wire:ASTM 668 Class 2b, 7 mil (0.17)thickness. Core wire tensile strength 75,000 psi(517 MPa), Black Color B. Size: Helically wound and woven to height as indicated on drawings. 2.03 STEEL FENCE FRAMING A. Steel Pipe-Type I:ASTM F 1083, standard weight schedule 40, minimum yield strength of 25,000 psi(170 Mpa),sizes as indicated. Hot-dipped galvanized with minimum average 1.8 ozfft sq. (550g/m sq.)of coated surface area. B. PVC-Coated Finish: In accordance with ASTM F1043,apply supplemental color coating of 10-15 mils(2.54—0.38 mm)of thermally fused PVC in black color. C. All fencing posts and rails per construction details or manufacturer's written recommendations whichever is more stringent. 2.04 VINYL COATED ACESSORIES A. Chain Link Fence Accessories: ASTM F 626, Provide items required to complete fence system. Galvanize each ferrous metal item in accordance with ASTM A 153 and finished to match framing. B. Post Caps: Formed steel, cast malleable iron, or aluminum alloy weather tight closure cap for tubular posts. Provide one cap for each post(Where top rail is used, provide tops to permit passage of top rail.) C. Top Rail and Brace Ends: Pressed steel per ASTM F626,for connection of rail and brace to posts. D. Top Rail Sleeves: 7"(178 mm)expansion sleeve with spring, allowing for expansion and contraction of top rail. E. Wire Ties and Clips: 10 gauge[0.135"(3.43 mm)]galvanized steel wire for attachment of fabric to line posts. Double wrap 13 gauge[0.092"(2.324 mm)]for rails and braces. Hog ring ties of 12-1/2 gauge[0.0985"(2.502 mm)]for attachment of fabric to tension wire. F. Brace and Tension(stretcher bar)Bands: Pressed steel G. Tension(stretcher)Bars: One piece lengths equal to 2"(50mm)less than full height of fabric with a minimum cross-section of 3/16"x'/d'(4.76 mm x 19 mm)or equivalent fiberglass rod. Provide tension(stretcher)bars where chain link fabric meets terminal post. Monroe County Chain Link Fences Key Largo Pickleball Court Complex Section 32 31 13 ATTACHMENT B Page 268 of 276 1122 KEY LARGO PICKLEBALL COURT INSTALLATION H. Nuts and bolts are galvanized but not vinyl coated. Prime and paint all nuts and bolts black to match vinyl coating using paint system compatible with galvanized finish(submit product data). I. Fence Tension Wire: Thermally fused vinyl(Permafused)applied to metallic coated steel wire,7 gauge,[0.177"(4.5 mm)]diameter core wire with tensile strength of 75,000 psi (517 Mpa). J. Fence Truss Rods&Tightener: Steel rods with minimum diameter of 5/16"(7.9 mm). Capable of withstanding a tension of minimum 2,000 lbs. 2.05 SETTING MATERIALS A. Concrete: Minimum 28 days compressive strength of 3,000 psi(20 Map). PART 3—EXECUTION 3.01 EXAMINATION A. Verify areas to receive fencing are completed to final grades and elevations. B. Ensure property lines and legal boundaries of work are clearly established. 3.02 CHAIN LINK FENCE FRAMING INSTALLATION A. Install chain link fence in accordance with ASTM 567 and manufacturer's instructions. B. Concrete set all posts: Drill holes in firm, undisturbed or compacted soil. Holes should have a diameter 4 times greater than the outside of post,and depths approximately 6" (150 mm)deeper than post bottom. Excavate deeper as required for adequate support in soft and loose soil,and for posts with heavy lateral loads. Set post bottom 36"(900 mm) below surface when in firm, undisturbed soil. Place concrete around posts in a continuous pour. Trowel finish around post. Slope to direct water away from posts. C. Check each post for vertical and top alignment,and maintain in position during placement and finishing operations. D. Rail: Install single lengths between posts. 3.03 ACCESSORIES A. Tire Wires: Bend ends of wire to minimize hazard to persons and clothing. B. Fasteners: Install nuts on side of fence opposite fabric side for added security. 3.04 CLEANING A. Clean up debris and unused material,and remove from the site. END OF SECTION 32 31 13 Monroe County Chain Link Fences Key Largo Pickleball Court Complex Section 32 31 13 ATTACHMENT B Page 269 of 276 1123 KEY LARGO PICKLEBALL COURT INSTALLATION ATTACHMENT C CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT ATTACHMENT C Page 270 of 276 1124 KEY LARGO PICKLEBALL COURT INSTALLATION OMB Approved No. l 505-0271 Expiration Date: 11130r,2021 U.S. DEPARTNlENT01--1 HLTRLASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number:073876757 Monroe County Board of Commissioners Taxpayer Identification Number 596000749 1100 Simonton Street,Room 2-213 Assistance Listing Number and"Title: 21.027 Key West,Florida 33040 Sections 602(b)and�603(b)of the Social Security Act(the Act)as added by section 99�01 of the American Rescue Plan Act,pub, L. No. 117-2(March 11,2021)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the Coronavirus,State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipients hereby agrees,as a condition to receiving such payment from`Treasury,agrees to the terms attached hereto Recipient: li,it,ll,signed 1,In, I... Tina BOan Date: 2022.08.02 09:11:02 -04'00' Authorized Representative Signature(above) Authorized Representative\amc- Tina.Boan Authorized Representative Title. Senior Director Budget&Finance Date Signed: U.S. Department of theTrca.sury: Authorized Representative Signature(above) Authorized Representative Name: Jacob I.CibMILIft Authorized Representative Title: Cluef Recovery Officer,Office of Recovery Prot rarns Date Signed: klay 14,2:021 PAPER'NORK REDTYMON ACT NOTICE The information oc)lleotedavilll)e used foi-tliel.,S Gmernmentto process requests For support,The estimated burden os5ociated with this coileotion of information is 15 minutes,per respoww.Comments concerning the accuracy of this burden estimate and suggestiom for reducing flm,burden ShOUld he chrected to the office of Privacy,Transparency and Records,Department of the Treasury,1500 PennsyNania Ave.,N.W,Waqhuigton,D.C.20220.DO NOT send the forni to dfis address.An aigericy may not conduct or sporLsor,inn a,person m not required to respond to,a collection of information urless it dis&ys a Valid COPU'01 lurubin,issigued by OMB ATTACHMENT C Page 271 of 276 1125 KEY LARGO PICKLEBALL COURT INSTALLATION U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient. S.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with A1212licable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(t)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govenunentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. ATTACHMENT C Page 272 of 276 1126 KEY LARGO PICKLEBALL COURT INSTALLATION v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance,and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 or seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been misused,or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. ATTACHMENT C Page 273 of 276 1127 KEY LARGO PICKLEBALL COURT INSTALLATION 15.Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The GovennnentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18_Reducing Text Messaging While Driving,Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. ATTACHMENT C Page 274 of 276 1128 KEY LARGO PICKLEBALL COURT INSTALLATION OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.len.aov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receivingfederal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure 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 any ATTACHMENT C Page 275 of 276 1129 KEY LARGO PICKLEBALL COURT INSTALLATION personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. S. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan Da0[It�a12..0...0940e04'00' Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury, 1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. ATTACHMENT C Page 276 of 276 1130 DATE(MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 10/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cindy Cuellar NAME: RSC Insurance Brokerage,Inc. PHONE (954)963-6666 FAx A/C No Ext: A/C,No): 3250 N.29th Avenue E-MAIL ccuellar@advancedins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Hollywood FL 33020 INSURERA: Southern-Owners Insurance Company 10190 INSURED INSURER B: Infinity Assurance Insurance Company Sport Surfaces LLC INSURER C: Technology Insurance Company 42376 Mondo Padel,LLC INSURER D: 7011 Wilson Rd INSURER E: West Palm Beach FL 33413-2234 INSURER F: COVERAGES CERTIFICATE NUMBER. CL2341340676 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurrDence $ 300,000 MED EXP(Any one person) $ 10,000 A Y Y 72362955 05/04/2023 05/04/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 3'000'000 JECT: Premises/Operations $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 509-82008-4890-001 03/01/2023 03/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist BI $ 100,000 ter UMBRELLA LIAB " """ 2,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LIAB CLAIMS-MADE 5273725901 05/04/2023 05/04/2024 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X1 STER EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBEREXCLUDED? N/A Y TWC4312474 10/29/2023 10/29/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractors Equipment-Scheduled A Rented Equipment 72362955 05/04/2023 05/04/2024 $459,627/$500 Ded $25,000/$500 Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Key Largo Pickleball Court Installation Monroe County Board of County Commissioners,its employees and officials are Additional Insured on all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1131 BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Sport Surfaces,LLC (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Merchants National Bonding, Inc. (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound, unto Monroe County Board of County Commissioners (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, In the sum of Twenty-Five Thousand_Dollars ($ 2 s�000�), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Key Largo Pickleball Court Installation 305 St. Croix Place, Key Largo, FL 3 037 Install ten (10) asphaltic concrete pickleball courts. ?Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. _Spits Surfaces LLC (Principal) (Seal) (Witness) _ _ ... ... (Title) Managing Member Merchan s ational Bondi�r ,Inc. u (Seal) (Wit es) itl ey-in-Fact PROPOSAL FORM 00120-Page 28 of 276 1132 MERCHANis7�, BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Glenn Arvanitis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and seated by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December 2022 - ....... m.......® MERCHANTS BONDING COMPANY(MUTUAL) 10 NA �.... .•®, ItIG Cq a. Q ...4P . MERCHAN TS NATIONAL BONDING,INC. Vo gLpop a'Ri cllbla MERCHANTS NATIONAL INDEMNITY COMPANY 4 . 4 200 1933 By 3 President STATE OF IOWA gap COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. VirriLee o 7Corrlmissx�n Number 702737 7 IV Cbmmission Expires yy) Aprit 14,2024 \A, Notary Public (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 16th day of November 2023 0 NA . ........... 56. -0 4000 2 3 °mm secretary 1 Secreta933 00 a PO A 0018 (10122) 1133 DATE(MMIDD/YYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 10/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cindy Cuellar NAME: RSC Insurance Brokerage,Inc. pHONE (954)963-6666 FAx A/C No Exf: A/C,No): 3250 N.29th Avenue E-MAIL ccuellar@advancedins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Hollywood FL 33020 INSURERA: Southern-Owners Insurance Company 10190 INSURED INSURER B: Infinity Assurance Insurance Company Sport Surfaces LLC INSURER C: Technology Insurance Company 42376 Mondo Padel,LLC INSURER D: 7011 Wilson Rd INSURER E: West Palm Beach FL 33413-2234 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2341340676 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 300,000 MED EXP(Any one person) $ 10,000 A Y Y 72362955 05/04/2023 05/04/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 3,000,000 PRO- .-,, ' 3,000,000 POLICY X JECT LOC BY "k ..---, "" - PRODUCTS-COMP/OPAGG $ : DATE Premises/Operations $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 WAIVER N/A YES Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 509-82008-4890-001 03/01/2023 03/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist BI $ 100,000 UMBRELLA LIAB ~" """ 2,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE 5273725901 05/04/2023 05/04/2024 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A Y TWC4312474 10/29/2023 10/29/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractors Equipment-Scheduled A Rented Equipment 72362955 05/04/2023 05/04/2024 $459,627/$500 Ded $25,000/$500 Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Key Largo Pickleball Court Installation Monroe County Board of County Commissioners,its employees and officials are Additional Insured on all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1134 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the December 13, 2023 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sport Surfaces LLC 7011 Wilson Road West Palm Beach, Florida 33413 For the following Project: KEY LARGO PICKLEBALL INSTALLATION Scope of the Work The Scope of Work includes the installation of new Pickleball Courts at Key Largo Community Park.. The Contractor shall review and follow the attached Construction Drawings and Specifications provided by WSP USA Environment & Infrastructure, Inc. The Scope of Work includes the development of the vacant parcel located at 305 St. Croix Place into ten (10) asphaltic concrete pickleball courts with associated fencing, gates and sidewalks. See ATTACHMENT A. The Scope of Work shall include, but not be limited to, all work shown and listed in the Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the attached drawings, and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. The Contractor shall properly dispose of debris. Page 1 of 74 1135 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, Modifications issued after execution of this Agreement, and all required insurance documentation..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 10. 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 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Parks and Beaches' signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or Page 2 of 74 1136 negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Ninety-Eight Thousand and 00/100 Dollars ($398,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Parks and Beaches, and upon approval for payment issued by the Director of Parks and Beaches 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 (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and Page 3 of 74 1137 use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Parks and Beaches may require. This schedule, unless objected to by the Director of Parks and Beaches, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Parks and Beaches. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Parks and Beaches has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and Page 4 of 74 1138 5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., "punch" list items) and 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts will be payable in accordance with Subparagraph 9.10.3 of the General Conditions. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Parks and Beaches. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in Section 01027 (Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. Page 5 of 74 1139 ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply 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 on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later or 2) a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Page 6 of 74 1140 Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c) and Section 603(c) of the Social Security Act, Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, and Interpretation. 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 Page 7 of 74 1141 court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. Page 8 of 74 1142 i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse 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 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, Page 9 of 74 1143 without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract Page 10 of 74 1144 may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of 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 Page 11 of 74 1145 employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, 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 Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as Page 12 of 74 1146 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. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless 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 PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 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 Page 13 of 74 1147 immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: 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. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute and case law. t) 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. u) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include, but not be limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. v) 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. w) 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. Page 14 of 74 1148 x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the (County)Agency's sovereign immunity. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. Page 15 of 74 1149 This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. y) 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. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. aa)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 Page 16 of 74 1150 County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. dd) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners and signed by both parties before it becomes effective. ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Sport Surfaces LLC 7011 Wilson Road West Palm Beach, FL 33413 Page 17 of 74 1151 For Owner: Director of Parks and Beaches Assistant County Administrator, PW& E 102050 Overseas Hwy 1100 Simonton St. Key Largo, Florida 33037 Key West, Florida 33040 County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Contract Work Hours and Safety Standards Act (40 U.S.C. �W01-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(1)of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or Page 18 of 74 1152 mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1) through (4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1) through (4) 7.8.2 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.3 Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- 7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate 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$100,000. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. Page 19 of 74 1153 The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to Department of the Treasury/Federal Agency and the appropriate EPA Regional Office. 7.8.4 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at a ,, irm„) , gy. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. 7.8.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certifiication(s) to the awarding agency. If the award exceeds $100,000, the certification, attached hereto and made a part hereof, must be signed and submitted by the Contractor to the County. 7.8.6 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of Page 20 of 74 1154 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. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired — 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, hits://uuvuv. ;k�a. �v/siren°Firm°/ Firm°Iir ;kh ;knsliv ;k... ir � uir ;kirm°� ;knr�... uli1 ;klllin ;k.... ....�ir � irairm°�. ........................................................................I 1...................q.............................................................................................................................................................................................................................................................g...................................................................11......q.......11....................g........................... The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 7.8.7 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 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (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 believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 7.8.8 Domestic Preference for Procurements as set forth in 2 CFR �200.322 The County and Contractor should, to the greatest extent practicable, provide a preference for the Page 21 of 74 1155 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). The 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. 7.8.9 Copeland "Anti-Kickback" Act (2 C.F.R. 200, Appendix II (D): 40 U.S.C. �3145). This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall 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 it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. Other Federal and Department of the Treasury Requirements (as applicable) 7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. 7.8.12 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Page 22 of 74 1156 Contractor. 7.8.13 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that Department of the Treasury financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Section 602 and Section 603 of the Social Security Act, regulations adopted by the Department of the Treasury pursuant to Section 602(f)and Section 603(f)of the Act, and guidance issued by the Department of the Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award an subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,1 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 7.8.14 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, contractor or any other party pertaining to any matter resulting from the contract. Page 23 of 74 1157 7.8.15 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy. 7.8.16 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.17 The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment "B" and made a part of this Agreement. 7.8.18 The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 7.8.19 Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.8.20 Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict- of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Attachment B. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 7.8.21 Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. 7.8.22 Hatch Act. The Contractor agrees to comply, as applicable,with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State Page 24 of 74 1158 or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 7.8.23 Publications. Any publications produced with funds from the federal award as set forth in Attachment B must display the following language: "This project[is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 7.8.24 Debts Owed to the Federal Government. a) Any funds paid to Contractor (1) in excess of the amount to which the Contractor is finally determined to be authorized to retain under the terms of the federal award as set forth in Attachment B; (2) that are determined by the Department of the Treasury Office of Inspector General to have been misused; or (3) that are determined by the Department of the Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b)Any debts determined to be owed the federal government must be paid promptly by the Contractor. A debt is delinquent if it has not been paid by the date specified in the Department of the Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment B. The Department of the Treasury will take any actions available to it to collect such a debt. 7.8.25 Disclaimer. a) The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment B or any other losses resulting in any way from the performance of services pursuant to any contract or subcontract under this award. b) The acceptance of this funds provided by the federal award as set forth in Attachment B by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 7.8.26 Protections for Whistleblowers. a) In accordance with 41 U.S.C. § 4712, The Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and Page 25 of 74 1159 specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b) The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c)The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 7.8.27 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 7.8.28 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 7.8.29 Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. 170.320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. 170.320 (and subcontracts); Page 26 of 74 1160 (c)the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320; and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at rs/ex(,,,corn;).ht,irn. ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. B. Employers' Liability Insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit Page 27 of 74 1161 E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5)calendar days'written notification to the Contractor. 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 9.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including Page 28 of 74 1162 the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Construction Drawings titled "General Scope of Site Work for Design & Permitting of Key Largo Pickleball Court Complex" provided by WSP USA Environment and Infrastructure, Inc. dated 01/09/2023, 8 pages total. b) Technical Specifications provided by Wood, dated September 2022, 29 pages total. 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. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: http://fl- Page 29 of 74 1163 monroecounty.civicplus.com/Bids.aspx?CatlD=18; AND accepts all of the terms and conditions and all Federal required contract provisions herein. 10.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 10.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 10/27/23 2 2 11/3/23 3 3 11/7/23 1 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURES ON NEXT PAGE Page 30 of 74 1164 SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok,Clerk OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date APPROVED AS TO FORM&LEGAL SIIFFICIENCV Mon a oonty Attorneys ow- - e"Q) N[half Melli—Archer Ass tout Coaaty Attorney CONTRACTOR'S Witnesses Attest: CONTRACTOR: SPORTS SU ACES LLC Contractor must provide two witnesses signatures Signature: Signature: Q� Print Name: 1 U 01 Cro J Print Name: Title: CaQ Date: \` e l Z-d Z., Date: I and 411 Signature: Print Name: av N(3 Date: 2— STATE OF �r�� a ,COUNTY OF On this Z6 day of "o.Dernbo- ,20Z3,before me,the undersigned notary public, by mea of 9- physical presence or ❑ online, personally appeared 7s6LA C-)aa (name of affiant)known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for KEY LARGO PICKLEB OURT INSTALLATION for the purposes therein contained. �pS1CYRo Notary Public �( o�tt1%SSION�E`P Print Name t r�Gos'o;.2pe_� My commission expires: Ce�D31z®'- (Seal NOTARYPUSLIC �,9�y HH LZ9�ry�Q' Page 31 of 74 1165 GENERAL REQUIREMENTS Where Parks and Beaches is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 32 of 74 1166 ATTACHMENT A Plans and Specifications ATTACHMENT A Page 33 of 74 1167 'J W RAI 'i,",.M S I- 'WORK krAC IHIMI;.NfA' C? U SIGS ANIC P RMII I NG KLY LA�GCt PICKLL3A''_ COURT CQMP_LX M( NIW) ("()Uv IY, KI Y I IARi,'}, I 'ONI)h A 1 Ii DIY I Gdl..A PICItLF.&41.L CAURT u. - � COMPLEX c y ` o MONAoe co- a n" t I'NT'IT V Ul c hu MS]llVPC Ili DT,ORF YU:: DTC.-q��01.111$ 1 600 132 tyro �.�.,_ . , rJI xr- .ten PIGVtL@GALL COURT MONRO...U., GENE RA'� NOTES C11Q ATTACHMENT A Page 34 of 74 1168 - u °W a r lr�dlA J/� > ��'Y, S e J y N G /'��' EYLgRGd �rJ/ /� il ' PICKIIEB�LL Cd1RT $y.�a"R CCMPLE% w J J _R R •�'�' y �p y' MOEEOE CCUNW r ✓ �..n^ wmwwx+�s � .� L 1 � ♦ -� n ,. am, A 0. • nvnax.me J•• ✓ A / / .ao. ,� a > r�J�• 01 ........ C21O SITE MAP KEY 1 R l 4 5 6 'i B 9 10 11 19 � f✓� r s a"rF ,pPICK- MEr LaL 5 � a°fir a� J r , v," NOXECECWMTV E �ti .__. • N ,.men r y � z / u _, 'P • J• ru�x m a � a 4 n C i t' iyy sunmc °ry 3� r � � • � -awvrn a J POLLUTION PREVENTIONPREVENTION > PLAN F -' - SITE MAP KEY C215 1 R l A 9 6 ) B 9 1E 11 IR ATTACHMENT A Page 35 of 74 1169 � I n a� J KI AM FI2ILMr r PnRkING LOT ,� t F / l „� ruum�emvxew® 1' a / c tau / s I—OL P— RT u v yew + \ n NOXROE—NW L a� V B / PROPOSE❑ �� � �a6,�Gnary rxw 517E PLAW FFri - SITE MAP KEY C22D 1 R l 4 5 6 'i B 9 10 11 IT X H 6 PICXL�IL XEVLq I i I wtidni amn L COURT CUNPLFJ! F � rnx�rvc InP)�•—• �.o o NOXROEC— D LAYOUT AND DIMENSION PLAN C23Q F- — weee o a.ex.E,a 1 t l A 9 6 ) B 9 1E 11 It ATTACHMENT A Page 36 of 74 1170 r LE PICI(LE-&4LL- COURT ..r. COMPLEX -ca r )1 - Hlk A ft�Al h u,�a ,g1 lh }M �• t"•,.a... 1. i Iir 9T!i W` 1L NONROE COUMTY TT '0 I I ITI III �I�1 ;RL L III1S i - - Hd R�SCAPE �Ec�irre skE� „. \,till 5 pJJJ of r �o 1 I — souo �camcae,E rmE�sTOPs - � BL4E / y � I R m,n .S Ulb PICXII®RLL CCURT P r�waves /wurir,si�earvc veru ID l.ear ' [cxc --NON.OXOEC W XlY E nmen mu. wrue __,�Fuuwrtn xuw� amw i�¢rxv wvuur �r� wrn rcm p em n uxxne B wwax� %` I( � I > � ❑Erai�s f 1 Y ] 1 9 6 ) B 9 19 IY IY ATTACHMENT A Page 37 of 74 1171 ATTACHMENT A Page 38 of 74 1172 Technical Construction Specifications For Key Largo Pickleball Court Complex, Monroe County, FL ... .. September 2022 PREPARED BY: wood. ATTACHMENT A Page 39 of 74 1173 KEY LARGO PICKLEBALL COURT COMPLEX MONROE COUNTY, FL SECTION NO.OF PAGES CLEARING AND GRUBBING....................................................................................8 ROCKBASE..........................................................................................................9 SUPERPAVE ASPHALT BASE..................................................................................3 U N DERDRAI NS......................................................................................................2 CONCRETE SIDEWALKS AND DRIVEWAYS...............................................................2 CHAIN LINK FENCING.............................................................................................3 ATTACHMENT A Page 40 of 74 1174 CLEARING CONSTRUCTION SITE SECTION 110 CLEARING AND GRUBBING 110-1 Description Clear and grub within the areas shown in the Plans.Remove and dispose of all trees, stumps,roots and other such protruding objects,buildings, structures,appurtenances,existing flexible asphalt pavement,and other facilities necessaryto prepare the area for the proposed construction.Remove and dispose of all product and debris not required to be salvaged or rot required to complete the construction. Perform misc ellane ous work necessary for the c omple to preparation of the overall proj ec t site as specified in 110-10. 110-2 Standard Clearing and Crubbimg. 110-2.1 fork Imhded:Complete ly remove and dispose of all buildings,timbe r,brush, tre es,stumps,roo is,rubbish,debris,a xisting flexible paveme nt and b ase,drainage structures, culverts,and pipes.Remove all othe r obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas. Perform standard clearing and grubbing within the following areas: 1.All are as whe re exc avation is to be done,including bo rro w pats,lateral ditches,right-of-wayditches,etc. 2.If constructing over an existing roach,remove existing asphalt pavement. If shown in the Contract Doc ume nts,re move existing pavement base. 3.All are as where roadway embankments will be constructed. 4.All are as whe re structures will be construc ted,inc luding pipe culverts and other pipe lutes. 110-2.2 Dep the of Removal of Roots, Stumps,and Other Deb ris:In all areas where excavation is to be performed,orroadwayembankrnents are to be constructed,remove roots and other debris to a depth of 12 inche s be low the ground surface.Remove roots and other debris from all excavated material to be used in the construction of roadway embankment or roadway base.Plow the surfac a to a depth of at least 6 inc hes,and re move all roots the reby e xpose d to a depth of at least 12 inches.Complete ly remove and dispose of all stumps within the roadway right-of-way. Remove all roots,etc.,protruding through or appe ar;ng on the surface of the completed excavation within the roadway area and for structures,to a depth ofat least 12 inches be low the fmishe d exc avation surface. Remove or cut off all stumps,roots,e tc.,below the surface of the completed excavation inbomawpits,material pats, and lateral ditches. In borrow and material pats,do not perform any clearing or grubbing within 3 feet inside the right-of-way line. Within all other areas where standard clearing and grubbing is to be performed, remove roots and other debris projecting through or appearirg on the surface ofthe original ground to a depth of 12 inche s be low the surface,but do not plo w or harrow these areas. 110-2.3 Boulders:Remove anyboulders encountered in the roadway e x cam tion(other than as permitted under the provisions of 120-7.2)or found on the surface of the ground.When approvedbythe Engineer place boulders inn neat piles inside the right ofway.The Contractor J I 2022 ATTACHMENT A Page 41 of 74 1175 may stockpile boulders a ncounte red in Departure nt-furnished b orrow areas,which are not suitable for use in the embankment construction,within the borrow area. 110-2 A Asbestos Co wining Materials(A CND Nat Identified Prior to the Work When encountering orexposing any condition indicating the presence of asbestos,cease ore ratio nsimmediatelyinn the viciruty and notify the Engineer:inaccordance with 110-65. 110-3 Selective Gb rigg and Grubbing. 110-3.1 General:Remove and dispose of vegetation,obstructions,etc.,as shown in the Plans.Provide acceptable fill material,and grade and compact holes orvoids cre ate dbythe removal ofthe stumps.Perform all selective clearing and grubbing in accordance with ANSI A300. No staging,storing,stockpiling,parking or dumping will be allowed in selective clearing andgrubbirg areas.Onlymechanical equipment related to selective cleating and grubbing activities willbe allowed in selective clearing and grubbing areas.Protect trees to remain from trunk,branch and root damage. 110-3.2 Protection of Plant Preservation Areas:Areas to remain natural maybe designated in the Plans.No cleating and grubbing,staging,storage,stockpiling,parking or dumping is allowed in these areas.Do notbring equipment into these areas. 110-3.3 Tree Protection Barrier:Construct a tree protectionbanier in accordance with Standard Plans Index 110-100 and the Plans.Nhinntain batrie r for duration of the Contract. 110-3.4 Tree Root and Bran h Pruning:When pruning cuts or root pruning to existing trees are shown in the Plans,work is to be supervised on site byan Intemational Societyof Arboriculture(IS A)Certified Arb orist and performed in accordance with ANSI A3 00. 110-3.5 Tree Removal:Remove trees as shown in the Plans. 110-4 Protec tion o f Property Remaining in Place. Protect propertyta remain inn place in accordance with 7-11. 110-5 Removal of Buildings. 110-5.1 Parts tube Removed:Completelyremove all parts of the buildings,including utilities,plumbing,foundations,floors,base ments,steps,connecting concrete sidewalks or other pavement,septic tanks,and any other appurtenances,by any prac tic al manner which is not de thine ntal to othe r property and improve ments. Remove utilities to the point of c onnec tion to the utilityauthonty'scut-in.After removing the sewer connections to the point ofcut-in,construct a concrete plug at the cut-inn point:as direc ted by the Engineer,except where the utility owners mayelect to perform their own plugging.Contact the appropriate utility companies prior to removal of any part of the building to ensure disconnection of services. Submit demolition schedule 15 working days before beginning any demolition or renovation of a building. 110-5.2 Removal by Clthers:Where buildings within the are a to be cle and and grubbed are so spec ifiedtobe re moved by others,remove and dispose of any foundations,curt inwalls, concrete floors,basements or othe r foundation parts which might be left in place aflersuch removal o fb uildutgs by othe rs. 110-6 Removal ofExistimg Bridges. 110-6.1 General:The work under this Article includes bridges,as defined in 1-3. Remove and dispose of the materials from existing bridges.Remove i I 2022 ATTACHMENT A Page 42 of 74 1176 1.those bridges and approach slabs,or portions of bridges,shown in the Plans to be remove d, 2.those bridges and approach slabs,or portions of bridges,found within the limits of the area to be cleared and grubbed,and direc ted b y the Erg ineer to be remove d, 3.those bridges and approach slabs,or portion of bridge s,which are ne cessary to be removed in order to complete the war,,,and 4.other appurtenances or obstructi,onswhichmaybe designated in the Contract Documents to be included as an item of payment for the work under this Article. Submit schedule information and demolition plan for approval 15 working days before beginning any demolition or renovation of any structures. 110-6.2 Method of Removal: 110-6.2.1 General:Remove the structures in such a wayso as to leave no obstructions to anypioposed newbudge or to anyviaterways.Pull,cut off,orbreak off pilings to the requirements of the permit orotherContract Documents,or if not specified,not less than 2 feet below the fmishe d graded surface.In the event that the Plans indicate channel excavation to be done byothers,consider the finished graded surface as the limits of such excavation.For materials which are to remain the propertyof the Department orare to be salvagedforuse in to mporarybridges,avoid damage to such materials,and entirely remove all bolts,nails,etc.from timbers to be so salvaged.Mark structural steel members for identification as directed. 110-6.2.2 Removal of SteelMembers withHazardous Coatings: Submit to the Enginee r for approval the`Contractor'sUadin Construction Compliance Program",QP2 certification from the Societyfor Protective Coatings(SSPC)from the fun actually removing and disposirg ofthese steel membersbefore anymembers are disturbed. Vacuum power tool clean any coated steel member to bare metal as de fined by SSPC-SPIT a minimum of 4 inches either side of any area to be heated(e.g.torc h cutting,sawing,grinding,etc.)in accordance with 29 CFR 1926.354.Abrasive blasting is prohibited. 110-6.3 Partial Removal of Bridges:On conc ie to b ridges to be partially re move d and widened,remove concreteby manually ormechanically operated pavement breakers,by concrete saws,by chipping hammers,or by hydro-de rmolition methods.Do not use explosives. Where concrete is to be removed to neat lines,use concrete saws or hydro-demolition methods capable of providing a reasonablyuniform cleavage face.If the equipment used will not provide a uniform cut without surfac a spalling,first sc ore the outlines of the work with small trenches or groove s.For all demolition methods,submit for revie w and approval of the Enginee r,a demolition plan that describes the method of removal,equipment to be used,types of rebw splic es or couplers,and me thod of straightening or cutting rebar.In addition,for hydro- de rmolition,desc iibe the method fo r c ontrol o f water or slurry runoff and measures for safe containrmentofconcrete fragments that are thrown out by the hydro-demolition machine. 110-6.4 Authority of U.& Coast Guard:For bridges in navigable waters,when constructing the project under authority of a US.Coast Guard permit,the U.S.Coast ward may inspect and approve the worm to remove any existing bridges irmlved therehr prior to accept nce by the Derartment. 110-6.5 Asbestos Cantainnkg Materials(ACM)Nat Ide>dified Prior to the Work When encountering orexposing any condition indicating the presence of asbestos,cease ore ratio ns imme diately in the vic inity and notify the Engime r. Make every e ffo rt to minimize the disturbance of the ACM.Immediatelypiovide provisions for the health and safe tyof all jobsite personnel and the public that maybe exposed to 1 2022 ATTACHMENT A Page 43 of 74 1177 any ACM.Provisions shall meet all applicable Federal,State,and Local Rules and Regulations regarding potentiallyhazardous conditions due to ACM. The Engine er will no tify the District Contamination Impact Coordinator(DCIC) who-will engage the services of the Department's ContaminationAssessmentlRemedaation Contracto r(CAR).Provide access to the potential contamination area.Preliminary investigation by the CAR Contracto r will determine the course of action necessary for site sec urity and the steps necessary to resole the c ontamination issue. The CAR Contractor will perform an asbestos survey to delineate the asbestos are as,and ide ntify any staging or holding areas that will be nee ded for assessment or abate ment of the asbestos material. The CAR Contracto r will maintain jurisdiction over activities within areas contaminated with ACM inc luding staging and hulling areas.The CAR Contrac toy will be responsible for the health and safety of workers within these delineated areas.Provide co ntirmous ac cess to the se areas for the CAR Contracto r and repre sentatives of re gulatory or enforcement agencies having jurisdiction. Coordinate with the CAR Contrac tar and Engineer to develop a work plan with projected completion dates for the final resolution of the contamunationa in coordination with any reg ulato ry agenc ies as appropriate.Use the work plan and schedule as abasis for planning the completion of all work efforts.The Engineer may grant Contract Time extensions according to the provisions of 5-7.3.2. Cooperate with the CAR Contractor to expedite integration of the CAR Contractor's operations into the construction project.Adjustments to quantities or to Contract unit prices will be made according to work additions or reductions on the part of the Prune Contracto r in acc ordance with4-3. The Engineer will inform the Prime Contractor when operations mayresume in the affected area. 110-7 Removal ofExii dmg Concrete. Remove and dispose ofexisting Portland c ement conc rete pavement,sidewalk slo pe pavement:ditch pavement:curb,and cuib and gutter,etc.,where shown in the Plans. Remove all gravity walls,noiselsound walls,ruining walls, NSE walls,perimeterwalls, and m adway conc m te barriers,where shown in the Plans.All ancillaryelenonts of these concrete features being removed including,but not limited to,base,leveling pads,copings, reinforcing steel or straps,footings,edge drains,etc,are incidental and included in the cost of the removal. 110-0 Owners4 of Maieriab. Except as maybe otherwise specified in the Contract Diocuments,take ownership of all buildings,structures,appurterances,and other materials removed and dispose of them in accordance with 110-9. 110-9 DisposalofMaterials. 110-9.1 Oenerah Either stack materials designated to remain the propertyof the Department in neat pales within the right-of-way;load onto the Department'svehicles,or deliver to location desig hated in the Plans. i I 2022 ATTACHMENT A Page 44 of 74 1178 Dispose of timber,stumps,brush,roots,rubbish,and other material resulting from clearing andgrubbirg in areas and by methods meeting the applicable require ments of all Federal,,State and Lo cal Rules and Reg ulations.Do not block waterways by the disposal of debris. With the approval of the Engineer,wood chips maybe evenly distributed to a depth of no more than one inch in designated areas in the Department's right-of-way. 110-9.2 Burning Debris: Where burning of such materials is permitted,perform all such burning m accordance with the applicable Federal,State and Local rules and regulations. Perform all burning at locations where trees and shrubs adjacent to the cleared area will not be harmed. 110-9.3 Timber aid Crops:The Contractor may sell any merchantable timber,fruit tre es,and cro ps that are cle aced unde r the ope rations of clearing and grubbing for his own benefit:subject to the provisions of 7-1.2,which may require that the timber,fruit trees,or crops be b urned at or ne ar the site of the it removal,as dire cte d by the Engine er.The Contractor is liable for any claims which may arise pursuant to the provisions of this Subarficle. 110-9.4 Disposalof Treated Woad: Treated wood mustbe handled and disposed of prop rlyduring removal.Treated wood should rot be cut or otherwise mecharuc ally altered in a manner that would gene rate dust or particle s without proper re spiratory and dermal protection. The treated wood must be dispose d of in at least a lined solid waste fac ility or thro ugh rec yclinglre use.Treated wood shall not b e disposed byburnirng or plac ement in a construc tion and demolition(C&D)deb its landfill. 110-9.5 Hazardous MaterialsfWaste: Handle,transport,and dispose of hazardous materialslwaste in accordance with all Federal,State,and Local Rules and Regulations inc luding,b ut not limited to,the following: 1.SS PC Guide 7 2.Federal Water Pollution Control Act,and 3.Resource Conservation and Recover Act(RCRA). Acc ept responsibility for the collection,sampling,classification,packaging, labeling,accumulationtime,storage,manifesting,transportatior,treatment and disposal of hazardous materialslwaste,both solid and liquid.Separate all solid and liquid waste and collect all liquids used at hygiene stations and handle as hazardous materialslwaste.Cbtain written approval from the Engineer for all hazardous materialslwaste stabilization me fronds before implementation. Obtain an EPAfFDEP Hazardous Waste Identification Number (EPAlFDEPID Number)be fore transporting ardlor disposal of any hazardous mate.rialsf waste. Last the Department as the generator for hazardous materialslwaste re salting from removal or demolition ofDepartrnent materials. Submit the following for the Engineers'approval before transporting,treatment or disposal o f any hazardous mate rialsrwaste: 1.Name,address and qualifications of the transporter, 2.Name,address and qualifications of the treatment facility; 3.Proposed treatment andlor disposal of all Hazardous NhterialsrWaste. 4.EPAlFDEP Hazardous Waste Identification Number Application Form. 5.NInifest farms. Transport all hazardous materialsrwaste in accordance with applic able Fe derala State,and Local Rules and Regulations including,but not linnited to,the 40 CFR 263 Standards. J I 2022 ATTACHMENT A Page 45 of 74 1179 Submit all final Hazardous MaterialsfWaste manifestlbills of lading and certificates of disposal to the Engineer within 21 days of each shipment. 110-95.1 Steel Memb ers with Hazardous Coating:Dispose of steel members with hazardous coating in one of the following manners: 1.Deliver the steel members and other hazardous waste to a licensed recycling ortreatmentfacility cap able of processing steel members with hazardous coating. 2.Deliver the steel members with hazardous coating to a site designated by the Engineer for use as anof'shore artificialreef.Die live r any other hazardous materialslwaste to a lice nsedhaaardous materialslwaste recycling treatmentfacility. Dismantle andlor cut steel members to meet the required dimensions of the recycling facility,tre atment facility or offshore artific ial reef agenc y. All compensation for the cost of removal and disposal of hazardous matenalslwaste will be included in the Cost of Removal of Existing Structures. 110-95.2 Certiificadonof Compliance: Submit certification of Compliance from the firm actually removing and disposing of the hazardous materialslwaste stipulating,the hazardous materialslwaste has be en handled,transported and disposed of inaccordance with this S pecification.The Certification of Compliance shall be atte sted to by a person havirg legal authority to bind the company. Maintain all records re quire db y this Specification and ensure these records are available to the Department upon request. 110-10 Misccellamaus Operations. 110-10.1 Water Wells Required to be Plmgged: Fill or plug all water wells within the right-of-way,including areas ofborrowpits and lateral ditches,that are not to remain in service, in accordance with applicable Federal,State,and Local Rules and Regulations. Cut off the casing of cased wells at least 12 itches belowthe existing surface or 12 inches belowthe elevation of the finished graded surface,whicheveris lower.Water wells,as referredto herein,are definedeither asartesian ornon-artesian,as follows: 1.An arte sign we ll is an artificial hole in the ground from which water supplies maybe obtained and which penetrates anywater-beating rock the water in which is raised to the surface by natural flow orwhich rises to anelevation above the topofthe water- beating bed.Artesian wells are further defined to include all holes drilled as a source of water that penetrate anywater-be anng be ds that are a part of the artesian water system o f Florida,as de termined by repre se ntative s of the applic able Water Manage ment District. 2.A non-artesian(water-table)well is a well in which the source of water is an unconfined aquifer.The water in a non-artesian well does not rise above the source bed. 110-10.2 Lev ebng Terrain:Within the areas b etwee n the limits of co nstructio n and the outer limits of clearing and grubbing,fill all holes and other depressions,and cut down all mounds and ridges.D&ke the area of a sufficient uniform contour so that the Depulment's subsequent mowing and cutting ope ratio ns are not hindered by irre gularity of terrain.Pe rform this work regardless of whether the irregularities were the result of construction operations or existed originally. 110-10.3 MaMoxes:When the Contract Documents require furnishing and installing mailboxes,permit each owner to remove the existing mailbox.Work with the Local Postmaster to develop a me thod of temporary mail service for the perio d be tween re moral and installation of the new mailboxes.Install the mailboxes in accordance with the Standard Plans. i I 2022 ATTACHMENT A Page 46 of 74 1180 DRm.. .. ... 110-11 Method of Measurement. 110-11.1 Clearing and Grubbing: The quantity to be paid for will be the lump sum quantity. 110-11.2 Selective Clearing and Grubbing: The quantity to be paid will be the plan quantity area in acres designated for Selective Clearing and Grubbing. The quantity to be paid for Tree Protection Barrier will be the linear foot measurement as shown in the Plans.Tree Root, Branch Pruning,and Tree Removal will be paid per each tree.Tree Removal per each will not be used where Clearing and Grubbing or Selective Clearing and Grubbing per acre is used. 110-11.3 Removal of Existing Bridges: The quantity to be paid for will be the lump sum quantity or quantities for the specific structures,or portions of structures to be removed. 110-11.4 Removal of Existing Concrete: The quantity to be paid for will be the number of square yards of existing concrete elements,acceptably removed and disposed of,as specified.The quantity will be determined by actual measurement along the surface of the element before its removal. Measurements for appurtenances which have irregular surface configurations,such as curb and gutter,steps,and ditch pavement,will be the area as projected to an approximate horizontal plane. Where the removal of pavement areas is necessary only for the construction of box culverts,pipe culverts, storm sewers,inlets,manholes,etc.,these areas will not be included in the measurements. Area measurements for walls will be based on exposed vertical face measurements times the horizontal length of the wall. 110-11.5 Plugging Water Wells:The quantity to be paid for will be the number of water wells plugged,for each type of well(artesian or non-artesian). 110-11.6 Mailboxes:The quantity to be paid for will be the number of mailboxes acceptably furnished and installed. 110-11.7 Delivery of Salvageable Material to the Department The quantity to be paid for will be the Lump Sum quantity for delivery of salvageable materials to the Department,as indicated in the Plans. 110-11.8 General:In each case,except as provided below,where no item of separate payment for such work is included in the proposal,all costs of such work will be included in the various scheduled items in the Contract,or under specific items as specified herein below or elsewhere in the Contract. 110-12 Basis of Payment. 110-12.1 Clearing and Grubbing: 110-12.1.1 Lump Sum Payment:Price and payment will be full compensation for all clearing and grubbing required for the roadway right-of-way and for lateral ditches, channel changes,or other outfall areas,and any other clearing and grubbing indicated,or required for the construction of the entire project,including all necessary hauling,furnishing equipment,equipment operation,furnishing any areas required for disposal of debris,leveling of terrain and the landscaping work of trimming,etc. Where construction easements are specified in the Plans and the limits of clearing and grubbing for such easements are dependent upon the final construction requirements,no adjustment will be made in the lump sum price and payment,either over or under,for variations from the limits of the casement defined in the Plans. 110-12.1.2 When No Direct Payment is Provided: When no item for clearing and grubbing is included in the proposal,the Contractor shall include the cost of any work of clearing and grubbing which is necessary for the proper construction of the project in the July 2022 ATTACHMENT A Page 47 of 74 1181 Contract price for the structure or other item o f work for which such c le acing and grubbing is required.The Contras tar shall include the cost of all clearing and grubbing which might be necessary in pats or areas from which base material is obtained in the Contract price for the base in which such material is used.The clearing and grubbing of areas for obtaining stabilizing materials,where required only for the purpose of obtaining materials for stabilizing,will not be paid for separately. 110-12.2 Selective Cleariing and Grubbiing:Price and paymentwill be full compensation for all selective cleaning and grubbing,including all necessary hauling,furnishing equipment,Certified Arborista equipment operation,furnishing any are as required for disposal of debris,leveling of terrain,root pruning and tree pnatection. 110-12.3 Removal of Existing Bridges: Price and payment will be full c ompe nsation for all wv tic o f re moval and dispo sal of the de signate d bridges. Then direct payment for the removal of existing bridges is not provided in the proposal,the Contracts r shall inc lode the co st of re moving all b ridges in the Co ntrac t price for clearing and grubbing or,if no item of c learing and grubbing is inc lulled,in the compensation for the othe r items c overing the ne wbridge being constructed. 110-12.4 Rem,ovalof Existing Concrete:Price and payment willbe full compensation for performing and completing all the work o f re moval and satisfactory disposal. When no separate item for this work is included,the Contmctorshall include the costs of this work in the Contract price for the item of clearing and grubbing or for the pipe or other structure for which the cons rete removal is required. 110-12.5 Plugging Water Wells: Mice and payment will be full compensation for each type of well ac ce ptab ly plugged. If a water well requiring plugging is encountered and the Contract contains no price for plugging wells of that specific type,the plugging of such well will be paid for as unforeseeable work. 110-12.6 MaMoxoes:Mice and paymuent will be full compensation for all work and materials required,including supports and numbers. 110-12.7 Delivery of Salvageable Material to the Dep artnwrd: Pric e and payment will be full compensation for all work required for delivery of the materials to the Department. 110-12.8 Payment Items:Payme nt will be made under: Item No. 110- 1- Cle aring and Grubbing-lump sum. i I 2022 ATTACHMENT A Page 48 of 74 1182 BASE COURSES SECTION 200 ROCK BASE 200-1 Description Construct abase composed ofbase rock.Do root use recycled concrete aggregate (RCA) base on interstate roadways. 200-2 Materials. 200-2.1 General:Meet the requirements of Section 91lforthe particular type of base to be constructed.The Contractormayuse more than one source of base rock on a single Contract provided that a single source is used throughout the entire width and depth of a section of base. Obtain approval from the Engineerbefore placing material from more than one source.Place material to ensure total thickness single source integrityat anystation location of the base. Intermittent placement or`blending"of sources is not permitted.Base rock maybe ne ferre d to hereinafter as`rock". Tine reuse of existing base maybe considered provided it meets the requirements of this Section.Submit as a Cost Savings Initiative Proposal in accordance with Section 4. 200-2.2 Egg Rock:Meet the following requirements for use of existing rock on the same project: 1.Notify the Engine er in writing prior to excavating existing rock.Do not mill any existing ro ck from the roadway. 2.Submit a process control plan,herein re ferred to as`Plan"consisting of the following: a.Locations where existing rock will be removed from the roadway. b.Locations where existing rock will be used for new construction. c.Method of e xcavation,transport,and placement to ensure excavated roc k will be kept separate from other approved stockpiles.Excavation methods that may result in damage to the mckrendeung it unfit to be used as base will not be approved d.Proposed measures to prevent contamination and segre gation. e.Proposed locations and methods for constructing stockpiles for sampling and testing. f.Method for sampling and reporting test results. 3.The Engineer will coordinate the reviewof the`Plan"with the District Ite pals Office. 4.Upon the Engineer's reviewof the`Plan",build a preliminary sto ckpile,not to exceed 1,000 cubic yards. 5.Collect and test a minimum of three samples from the preliminarystockpile. Once the stockpile has been sampled,do not add any additional material to the stockpile. Determine compliance with 200-2.1,with the exception of carbonate contents.Reject any stockpile if the Limeroc k Bearing Ratio(LBR)is less than 100.Enginee r will sample and to st the pre hnnimuystockpile to verify c ompliance with this Section. 6.If all to st re suits mee t the require no nts of this Sec tion,the Enginee r will notify the Contractor in writing of the approved status of the pre liminarystockpile based on the analysis of test data performedbythe District h&terials Office. J I 2022 ATTACHMENT A Page 49 of 74 1183 7.If the use o f e xisting io ck is approved,continue to produc e additional stockpile s not e xcee ding 1,000 cubic yards.Ensure the rock Mee isthe require mentsofthis S ection by sampling and testing each newstockpile at a minimum frequencyof one sample per 400 cubic yards.Once a stockpile has been sampled,do not add additional material to that stockpile.The District Mterials Office may also perform sampling and testing.Materials will be ac ce pted if test results me et the requirements of this Section. 8.After 10 consecutive quality c ontrol(QC)LBR test results me et the requirements of the S ec tion and no individual LBR to st is less than 120,the sampling and testing frequency maybe reduced to a minimum frequencyof one sample lie r800 cubic yards for each stockpile.Notify the Enginee r in writing prior to reduc ing to sting freque ncy.If any QC LBR test result falls below 120 o r a stockpile is rejected,revert to original sampling frequencyof one sample per400 cubic yards. 9.Construct a new preliminary stockpile if there is a change in material, conditionsnot addressed in the `Plan"are encountered,or if production varie s from the approved `Plan". 200-3 Equipment Use mec hanical m ck spre ade rs,equipped with a device that strikes off the ro ck uniformly to laying thickness,capable of producing even distribution.For c rossove rs,intersections and ramp areas;roadway widths of 20 feet or less;the main roadway area when forms are used and any other areas where the use of a me chanic al spreader is not practicab le;the Co ntractor may spread the rock using bulldozers or blade graders. 200-4 Transporting Rock Transport the rock to its point of use,over rock pneviously place d,if practicable,and dump it on the end of the preceding spread.Hauling and dumping on the subgrade will be permitted only when,in the Engineer's opinior4 these operations will not be detrimental to the subgrade. 200-5 Spreading Rock 200-5.1 Method of Spreadiing: Spread the rock unifo mnly.Remove all segregated an as of fine or coarse rock and replace them with prop rlygraded rock. 200-5.2 Number of Courses:When the specified compacted thickness oftl7e base is greater than 6 inches,construct the base in multiple courses of equal thickness.Individual co urse s shall not be less than 3 inches.The thickness of the fast course maybe increase d to bear the we ight of the construc tion a quipme nt without disturbing the subg lade. If,through field tests,the Contractor can demonstrate that the compaction equipment can achieve density for the full depth o f a thicke r liff,and if approved by the Engineer,the base maybe constructed in successive courses of not more than 8 inches co mpac ted thickne ss. The Engineer will.base approval on results of a test section constructed using the Contracto is spec ifred c ompac tion a ffort.Notify the Engineer prior to begir¢ning construction of a test section.Construct a test section of the length of one LOT. Perform five QC density tests at random loc ations within the to st se ctio n.At each to st site,to st the b ottom 6 inc hes in addition to the entire course thickness.All QC tests and a Depuiment Verification test must meet the density required by200-7.2.1.Identify the test section with the compaction effort and thickness in the Earthwork Records System(ERS)portion of the Department's database.Remove the i I 2022 ATTACHMENT A Page 50 of 74 1184 materials above the b ottom 6 niche s,at no expense to the Department.The minimum density required on the thickerlift willbe the average of the five results obtained on the thick lift in the passing to st se ction.Maintain the exposed surface as close to"undisturbed"as possible;no further compaction will be permittedduring the test preparation.If unable to achieve the required density;remove and replace or repair the test section to comply with the specifications at no additional a xpense to the De partrnent. The Contracto r may e lec t to place material in 6 inche s compacted thickness at anytime. Once approved,a change in the source of base material will require the construction of a ne w test se ction.Do not change the compactio n e ffort one a the test section is approve d.The Engineer will peri,odicallyverifythe densityofthe bottom 6 inches during thick lift operations. The Engine er may terminate the use of this k lift c onstruction and instruc t the Contracto r to revert to the 6 inche s maximum lift thic kness if the Contractor fails to achieve satisfactory re sults ormeet applicable specifications. 200-5.3 Rock Base for Shoulder Pavement:Unless otherwise permitted,complete all roc kbase shoulder construction at any partic ular location before placing the final course of pavement on the traveled roadway.When dumping material forthe co nstruction of a ro ck base on the shoulders,do not allow material capable ofscaniW or contaminating the pavement surfac a on the adjacent paveme nt.Imme diately swee p o ft'any rock material that is deposited on the surface course. 200-6 Compacting and Fh ishkg Base. 200-6.1 General;Construct mainline pavement lanes,turn lanes,ramps,parking lots, concrete box culverts and retaining wall systems meeting the requirements of 120-8.1,except replace"embankmenf'with`base". Construct shoulder-onlyareas,shared use paths,and sidewalks.Meet the requirements of 120-8.1 except replace"embankraerd'with`base"meetirg the acceptance criteria of200-7.2.Shoulders compacted separately shall be considered separate LOTS. 200-6.1.1 Single Course Base:After spreading,scarify the entire surface,then shape the base to produce the required grade and cross slope,free of scabs and laminations,after compaction. 200-6.1.2 Multiple Course Base: Clean the fast course of foreign material,then blade and bring it to a surface cross slope approximately parallel to the finished base.Before spreading any mate rial for the upper c ourse s,allow the Eng inee r to make density to sts for the lower c ourse s to determine that the re quired c ompac tion has be en obtained.After spreading the material for the top course,scarify finish and shape its surface to produce the required grade and cross slope,free of scabs and laminations,after compaction. 200-6.2 Moisture Content:Who n the mate rial do es not have the prop r moisture co ntent to ensure the required density:uetor dry itasrequired.When adding water,uniformly mix it in to the full depth of the course that is being compacted.Luring uletting or drying operations, manipulate,as a unit,the entire width and depth of the course that is being compacted. 200-6.3 Thickness Req,irenkents:Within the entire limits of the length and width of the frdshedbase,meet the specified plan thickness in accordance with the requirements of200- 7.3.1.2. 200-6.4 Correctionof Defects: 200-6A.1 Contanikationof Base Material:If,at anytime,the subgrade rraterialbecomes mixedwith the base course material,dig out and remove the mixture,and i I 2022 ATTACHMENT A Page 51 of 74 1185 reshape and compact the subgrade.Then replace the materials removed with clean base material, and shape and compact as specified above.Perform this work at no expense to the Department. 200-6A.2 CracIs and Checks:If cracks or checks appear in the base,either before or after painting,which,in the opinion ofthe Engineer,would impair the structural efficiencyof the base,remove the cracks or checks byrescarifying,reshapirg,adding base material where necessary,and recompacting. 200-6.5 Compaction of WHeming Strips:Where base construction consists of widening strips and the trench width is not sufficient to permit use of standard base compaction equipment: co mpac t the base using vibratory compactors,trenc h rolle rs or othe r spe cial equipment which will achieve the density require meats specified herein. When multiple course base construction is required,compact each course prior to spreading material for the overlaying course. 200-7 Acceptance Program 200-7.1 General Requirements:Meet the require meats of 120-10,e xce pt exc lude the requirements of 120-10.1.4.3, 120-10.3.1, 120-10.4.3,and 120-10.4.4.Use 200-7.3.1.1 instead of 120-10.1.4.1,200-7.2 instead of 120-10.2,and 200-7.4.1 instead of 120-10.4.1. 200-7.2 Acceptame Criteria: 200-7.2.1 Density:Within the entire limits of the width and depth of the base, obtain a minimum densityin any LOT of 98%of modified Proctor maximum density as determinedbyFM1-T180 or the Pit Proctor whe n using the Pit Proc tor option.For shoulder onlyareas and shared use paths,obtain a minimum density of 95°l¢of the modified Proctor maximum density as dete rmined by FM 1-T180 or the Pit Proctor when using the Pit Proctor option 200-7.2.2 Frequency:Conduct W sampling and testing at a minimum frequency liste d in the table below.The Eng inee r will perform V erifrcation sampling and tests at a minimum freque ncy listed in the table below. Table 200-1 Mainline Pavement Lanes,Turn Lanes,Ramps,Parking Lots,Concrete Box Culverts and Retaining Wall S tems Test Name QualitVCbrLtrol Verification ModifredProctor One per eight c onsec utive One per 16 consecutive LOTS Idhximum Density LOTS DensitV One perLOT One per four LOTS Roadway Surface ard Cross One perLOT One per two LOTS Slop Roadway Thickness Three rierLOT Witness 220 J 14 2022 ATTACHMENT A Page 52 of 74 1186 DRm.. .. ... Table 200-2 Shoulder-Onl ,Shared Use Path and Sidewalk Construction Test Name Quality Control Verification Modified Proctor One per two LOTS One per four LOTS Maximum Density Density One per LOT One per two LOTs Surface and Cross Sloe One per LOT One per two LOTs Thickness Three per 1000 consecutive feet Witness 200-7.2.3 Pit Proctor:In lieu of Modified Proctor Maximum Density testing at the roadway,notify the Engineer in writing that the Contractor option to use the Pit Proctor supplied by the Department will be used.The Modified Proctor maximum density frequency requirements of 200-7.2.2 shall not apply.The Department will determine the Pit Proctor from statistical analysis of the base rock Modified Proctor maximum density at Department approved mines.For posting of Mines and Pit Proctors for each calendar quarter refer to the Pit Proctor Quarterly report located at the following URL: https://www.fdot.gov/materials/laboratory/geotechnical/aggregates/pitproctor/index.shtm.Use the current posted Pit Proctor value in lieu of the Modified Proctor maximum density required by 200-7.2.1.Use the current posted Pit Proctor value for density acceptance during the quarter corresponding to the posting.Notify the Engineer in writing if returning to the provisions of 200- 7.2 and 200-7.2.2 but do not re-elect to use the Pit Proctor until the start of the next calendar quarter. 200-7.3 Additional Requirements: 200-7.3.1 Quality Control Testing: 200-7.3.1.1 Modified Proctor Maximum Density Requirement: Collect enough material to split and create three separate samples and retain two for the Engineer's Verification and Resolution testing until the Engineer accepts the 16 LOTs represented by the samples. 200-7.3.1.2 Depth and Surface Testing Requirements:Notify the Engineer a minimum of 24 hours before checking base depths and surface checking.Determine test locations including Stations and Offsets,using the Random Number generator approved by the Department.Do not perform depth and surface checks until the Engineer is present to witness.Enter test results into the Department's database. Perform thickness check on the finished base or granular subbase component of a composite base.Provide traffic control, coring/boring equipment,and an operator for the coring/boring equipment.Traffic control is to be provided in accordance with the standard maintenance of traffic requirements of the Contract. The thickness is considered deficient,if the measured depth is over 1/2 inch less than the specified thickness.Correct all deficient areas of the completed base by scarifying and adding additional base material.As an exception,if authorized by the Department, such areas may be left in place without correction and with no payment. 200-7.3.1.3 Surface&Thickness Reduced Testing Frequency: When no Resolution testing is required for 12 consecutive verified LOTs,or if required,the QC test data was upheld,reduce the QC surface and/or thickness checks to one half the minimum requirements as stated in 200-7.2.2(e.g.,reduce frequency from ten per LOT to ten per two LOTs)by identifying the substantiating tests and notifying the Engineer in writing prior to July 2022 ATTACHMENT A Page 53 of 74 1187 starting reduced frequency of testing.If the Verification test fails,and QC test data is not upheld by Resolution te sting the QC testing will mvertto the original frequencyof200-7.2.2.The results of the Indepe ndent V erification to sting will not affec t the freque ncy of the Q C testing.Do not apply re duc ed to sting freque ncy in c onstructio n of shoulde r-only areas,share d use paths,and sidewalks. 200-7.3.2 Departm id Verification Tests: 200-7.3.2.1 Max ntum Density:The Engine er will randomly se lec t one of the remaining two split samples and to st in acc ordance with FM 1-T180. 200-7.3.2.2 Thickness and Surface Testing Requirements:The Department will witness the base depth and surface checks to ensure compliance with 200- 7.3.1.2.If the QC test results are not deficient as defined in 200-7.3.1.2,the LOT or 500-foot section will be accepted.If the QC test results are deficient,resolve deficie ncie s in acc ordance with 200-7 3.12.Re peat ac ceptance testing.Provide traffic control,coringfborirng e quiprne nt, and an operator for the c oringfbo ring equipme nt. 200-7.4 Verification Comparison Criteria and Resolution Procedures: 200-7Ad Modified Proctor Magnum Density:The Engineer will compare the V erific ation test re sults o f 20 0-7.3.2.1 to the corresponding QC te st re sults.If the test result is within 45 Iblftc of the QC test result:the LOTS will be verified.Otherwise,the Engineer will collect the F2esolution split sample corresponding to the Verification sample tested.The State I teiialsOfficeoranAASHTOaccreditedlaboratorydesignatedbytheStateIvhtepalsOffice will perform Resolution testing.The material will be sampled and tested in accordance with FM 1-T180. The Engineer will compare the Re solutionTest results with the QC test results.If the Re solutionTest result is within 4.5 lblftc of the corresponding QC test result,the Engineerwill use the QC test results for material acceptance purposes for each corresponding set of LOTS.If the Resolution test result is not within 4.5 IM11 of the corresponding QC tests the Enginee r will collect the remaining V erific ation split sample fortesting.V erification Te st results will be use d for material ac ceptanc a purposes fo r the LOTS in question. 200-7 A.2 Pit Proc tar:Whe n using the Pit Proctor option,the Engineer will se lec t a random location to sample and test at the minimum freque ncyin the table below,to obtain an Inde pendent V erificati,on(IV)maximum de nsity as determined by FM 1-T180.The Engine er will collect enough material to split and hold a sample for Resolution testing. Table 120-3 Mainline Pavement Lanes,Turn Test Name Lanes,Ramps,Parking Lots, Shoulder-Only,Shared Use Path Concrete Pax Culverts and and Sidewalk Construction Re taining Wall S ystems IV Modifie d Proctor One per 16 consecutive LOTS One per 4 co nsec utive MOTs Maximum Density The Engine er will compare the IV results with the Pit Proctor.If the IV result is lows r than or e qual to the Pit Proc tar plus 4.5 pc f,keep the option to use the Pit Proc tor. If the IV result is more than 4.5 pc higherthan the Pit Proctor the Engineer will test the Resolution sample and compare the Resolution result with the Pit Proctor.If the Resolution i I 2022 ATTACHMENT A Page 54 of 74 1188 result is lower than o r e qual to the Pit Pro ctar plus 4.5 pc f,keep the option to use the Pit Proc tar. Otherwise return to the provisions of 200-7 2 2,200-7.3.1.1,200-7.3.2.1,and 200-7.4.1. 200-7A.3Density:When a Verification orIndeperdentVerificationderoitytest does not meet the require ments of 200-7 2.1 (Acceptance Criteria),retest at a site within a 5 feet radius of the Verification test location and ob se rve the following: 1.If the QC retest meets the Acceptance Criteiia and compares favorably with the Verification or IndependentVerificati,on test the Engineer will accept the LOTsin question. 2.If the QC retest does not meet the Acceptance Criteria and compares favorably with the V erific ation or Independent V erification to st,rework and retest the material in that LOT.The Engineer will re-verifythe LOTS in question. 3.If the QC retest and the V erific ation or Indepe ndent V erification to st do not c ompare favorably,complete a new equipment-comparison analysis as de fined in 120-10.1.1. Once acceptable comparison is achieved,retest the MOTs.The Engineer will perform new verification testing.Acceptance testing will not begin on a newLOT until the Contractor has a gauge that meets the comparison requirements. 200-7AA Mace Testing Reguiremerds:Resolve deficiencies In accordance with 200-7 3.12. 200-7.5 Cross Slope:Construct base surface with cross slopes in compliance with the requirements of the Contract Documents.Furnish a level with a minimum length of feet with a digital slope measuring device approved by the Engineer for the control of cross slope.nke this level or measuring device available at the job site at all times during base construction operations. 200-75.1 Quality ControlRegrriremerds: Measure the cross slope of the base surface by placing the measuring device perperdicular to the raadwaycenterline.Report the cross slope to the nearest 0.1%.Record all the measurements and submit to the Engineer for documentation.Measure the cross slope at a minimum frequereyof one measurement per lot to ensure the cross slope is unifomn and in compliance with the design cross slope.When the difference between the measured cross slope and the design cross slope exceeds f0.2%for travel lanes(including turn lanes)or 4.5%for shoulders,make all corrections in accordance with 200- 7.5.3 to bring the cross slope into the acceptable range. 200-75.2 Veriikation: The Enginee r will verify the Contractor's cross slope measurementsbyrandomlytaking one me asurement every two lots.If the average cross slope of the ten random measureme nts vane s more than the allo wable tolerance from the design c ross slope(f0.2%for travel lanes(including turn lanes)and 10.5%for shoulders),make corrections in accordance with 200-7.5.3 to bring the cross slope into the acceptable range.A recheck of the cro ss slope will be made following any c onections or additional work performe d on the b ase surface.This process will be repeated until the base cross slope meets the requirements of this Specification. The Engine er may waive the co me ctions spec ifie d above(at no reduc to n in payment)if: 1.the defic ienc ies are suff'icie ntly separate d so as no t to affe ct the overall ride quality;traffic safety and surface drainage characteristics ofthe pavement and; 2.the Contractor agrees to use asphalt to fill in areas where the earthwork is low at no additional cost to the Depailment greater than the 10%allowed in Sections 2 34,334, 337,and 339. J I 2022 ATTACHMENT A Page 55 of 74 1189 For irnteisectio ns,tapers,crossovers,transitions at beginning and end of project and similar areas,adjust the cross slope to match the actual site conditions or as dire cted by the Engineer. 200-75.3 Cross Slope Corrections:Correct all cross slopes out oftalerance per 200-7.5.1 and 2 00-7.5.2 in accordance with 200-7.3.1.2. 200-75A Elevation Daia CoIkction:Within curb and gutter areas and in widening areas,measure andrecond elevation of finished surface of base course every5C0 feet by me asuring elevation of base adjacent to curb and gutter,as well as at each lane edge location. Provide the elevation me asurements to the Engine er. 200-0 Primbg and N imfim 200-8.1 Priming:Apply the prime coat onlywhen the base meets the spe cified density requirements and when the moisture content in the top half of the base does not exceed the optimum moisture of the base material.At the time of priming,ensure that the b ase is firm unyielding and in such condition that no undue distortio n will occur.Ensure the prime co at adheres to the base course. 200-0.2 Maidaiimrg:Maintain the true crown and template,with no rutting or other distortion,while applying the surface course. 200-9 Calculations for Average Thkkness of Base. Forbases that are not mixed in place,the Engineer will determine the average thickness from the me asurements specifie d in 200-10.1,c alc ulated as follows: 1.When the measured thickress is more than 1f2 inch greater than the design thickne ss shown on the typical section in the Plans,it will be c onsidere d as the de Sig n thickne ss plus 1f2 inch. 2.Average thickness will be calculated pe r typical section for the entire job as a unit. 3.Any areas of base left in pla,c e with no payment will root be inc lulled in the calculations. 4.Where it is not possible throughborings to distinguish the base materials from the underlying materials,the thickness of the base used unthe measurement will be the design thickne ss. 200-10 Method of Measurement 200-10.1 Geiierah The quantityto be paid for willbe the plan quantity,adjusted as spec ifred b elow. 200-10.2 Authorized NarmalThi hnessBase: The surface area of authorized normal thickness base to be adjusted willbe the plan quantityas specified above,omitting anyareas not allowed for payment under the provisions of 200-6 3 and omitting areas which an to be included for payment order 200-10.3.The adjustment shallbe made byadding ordeducting,as appropriate,the area ofbase representedbythe difference between the calculated average thickness,determined as provided in 20 0-9,and the spe cifred normal thickness,converted to equivalent square yards of rormal thickness base. 200-10.3 Authorized Variable Thi knees Base:Where the base is constructed to a compacted thickness other than the normal thickness as shown on the typical section in the Plans, as specified in the Plans or orde red by the Engineer for providing additional depths at culverts or bridges,or for providing transitions to coruuecting pavements,the volume of such authorized J I 2022 ATTACHMENT A Page 56 of 74 1190 variable thickness compacted base wall be calculated from authorized lines and grades,or by other methods selected by the Engineer,converted to equivalent square yards of normal thickne ss base for payment. 200-11 Basis of Payment Price and payment will be full compensation for all the work specified in this Section, me luding dust abate me nt,correc ling all defec tive surface and deficient thi,ckn,e ss,removing cracks and checks as provided in 200-6.4.2,the prime coat applic ation as directed in 300-5,and the additional rock required for crack elimination. Paymne nt shall be made under: Item No.255- 7- Optional Base-per square yard. i I 2022 ATTACHMENT A Page 57 of 74 1191 8E CTION 234 SUPERPAVE ASPHALT BASE 234-1 Description Construct a Superpave asphalt conic rete base course as defined inn these Specifications. Base course mixes are designated as Type B-12.5.The Contractor mayuse a Type SP-12.5 mixture(Traffic Level B,C,or E)or a Type SP-19 D mixture (Traffic Level B,C, orE),in lieu of a Type 8-12.5 at no additional cost to the De partment. Obtain Sup rpave asphalt base from a plant that is currentlyon the Department's Pm duction Facility Listing.Produce rs see king inc lesion on the list shall mee t the re quire meats of Section 105. 234-2 Materials. 234-2.1 General:Use materials that confoun to the requirements of Division III.Specific references are as follows: Superpave PG Asphalt Binder ............................Section 916 Coarse Aggregate,Stone,Slag or Crushed Gravel.....................................................Section 901 Fine Aggregate......................................................Section 902 234-2.2 Reclaimed Asphalt Pavemeid(RAP):RAP maybe used as a component material of the asphalt mixture provided the requirements of 334-2.3 are met. 234-3 General Comp osition of MR-hire. 234-3.1 General:Compose the asphalt mixture using a combination of aggregate (coarse,fine or mixtures thereo# ,mineral filler if required,and asphaltbinder material.Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design.Aggregates from various sources maybe combined. 234-3.2 Mar Dew:Unless otherwise specified,design the mix such that all requirements for a Type SP-12.5,Traffic Level B or C mixture as specified in Section 334 are me t. 234-3.2.1 Gradation Classification Use a fine mix as definedin 334-3.2.2.1. 234-3.2.2 Aggrepie Co nsemus Pr operties: Meet the aggregate consensus properties at design as specified in 334-3.2.3.Meet the criteria specified for a depth oftop of pavement layer from surface of greater than 4 inches. 234-3.2.3 Mix DedgR Revisions:Meet the requirements of 334-3.3. 234-4 Contractor's Process Control. Meet the requirements of 320-2,330-2 and 334-4. 234-5 Acc ep tame of the Mbdure. The mixture willbe accepted irnaccordance with the requirements of334-5.Use the permissible variations from longitudinal and transverse grades as specified in 200-7. 234-6 Pled,Metho ds and Equipment Meet requirements of Section 320,with the following modifications: 234-6.1 Pavh g Equipment:A motor grader maybe used to spread the first course of multiple course bases when the subgrade will not support the use of a me chanic al spreader.The i I 2022 ATTACHMENT A Page 58 of 74 1192 Engirueerwill not require mechanical spreading and finishing equipment for the construction of base widening strips less than 6 feet in width or where the shape or size of the area will not accommodate mechanical spreading and finishing equipment. 23".2 Compaction Equipment:In areas where standard rollers cannot be accommodated,vibratory rolle rs supplemented with trucks,motor graders,or other compaction equipment approved b y the Engineer maybe used. 234-7 ConstructionRequir ends. 234-7.1 General:D&etthe generalconstwlion requirements ofSection330,withthe following modifications: 234-7.1.1 Temperature Lfiitations:Spread the mixture only when the air temperature is at least 40T.Do not place the material on frozen subgrade. 234-7.1.2 Tack Coat:Unless otherwise authorized by the Engineer,apply tack co at be tine en succe ssive laye rs of base mate rial. 234-7.1.3 Thickness of Layers:Construct each course in layers,such that the compacted thickness is in compliance with the layer thicknesses in 234-8.1.1 and spread rate tolerance in 23 4-9 2. 234-8 Thickness Requirements. 234-8.1 General:The total thickness of the Type B asphalt layers will be the plan thickness as shown in the Contract Documents.Before paving,propose a thickness for each individual layer meeting the requirements of this specification,which when combined with other layers(as applicable)will equal the plan thickness.For construction purposes,the plan thickness and individual layer thickness will be converted to spread rate based on the maximum specific gravity of the asphalt mix be ing used,as we ll as the minimum de nsity level,as shown in the following equation: Spread rate(Ibs.per square yard)=t x G.x 43.3 Whe re:t=Thickne ss(in.)(Plan thickne ss or individual layer thickne ss) G.=Ivkximum specific gravity from the verified mix design The we ight of the mix tun shall be de termined as provided in 320-3.2.For target purposes only,spread rate calculations should be rounded to the nearest whole number. 234-0.1.1 Layer TMckrwsses:The allo wable layer thickne sse s for asphalt base mixtures are as follows: Type B-12.5,SP-12.5........................1-1l2 to 3-1f2 inches Type SP-19.0.................................2 to 4 inches 234-0.2 Spread Rate To leranc e:Control the average spreadrate on a dailybasis to within plus or minus 5%of the target spreadrate for the individual layers established by the Engineer.When the average dailyspreadrate is outside this tolerance from the target:adjust the spreadrate to the requiredvalue establishedbytlue Engineer.The Engineer will periodically verifythe spreadrate at the job site during the paving operation. 234-0.3 Allowable Deficiencies:The Engineer will allow a maximum deficiency from the specified spread rate for the total thickness as follows: 1.For pavement of a spe cifred thickne ss of 2-1l2 inches or more:50 pounds per square yard. 2.Forpavement of a specified thickness of less than 2-1l2 inches:25 pounds per square yard. J I 2022 ATTACHMENT A Page 59 of 74 1193 234-8.4 Pavement Exceeding Allowable Defi,cierr y in read Rate: Where the de facie ncy in spre ad rate for the fatal thickne ss is in excess of 50 pounds per square yard for pavements with a specified thickness of 2-1l2 inches or more,or in excess of 25 pourds per square yard for pavements with asp cified thickness of less than 2-1f2 inches,the Engineer may require removal and replace ment at no cost or may require a cone ction as specified in 234-8.5. The Engmeermayrequine the Contractor to core the pavement for thickness in orderta determine the area of pavement with deficient thickness. As an exception to the above,the Contractor may leave pavement outside the main roadway in place without compensation when the Engineer allows,even though the deficiency exceeds the tolerance as specified above. The Department will not compensate the Contractor for any pavement removed or for the work of re moving such paveme nt. 234-8.5 Correcfung Defriencyby Adding New Mace Material•In the event the total thickne ss as determined by the spre ad rate is a xce ssive ly deficie nt as defined above and if appra%,edbythe Engineer for each particular location,correct the deficientthi,cknessbyadding newsurface material and compacting it using a rolling pattern as approved by the Engineer.The Engineerwill determine the area to be corrected and the thickness of ruewmaterial added. Perform all overlaying and compacting at no expense to the Department. 234-9 Method of Measuremerid. The quantity to be paid for will be the plan quantity.Fo r e ac h pay ite rc,the pay area will be adjusted based upon the following formula: Pay Area=Surface Area(actual tonnage placedladjusted plan quantity tannage). Where:The adj usted plan quantity tonnage is calculate d by multiplying the plan quantity square yards(including any Enginee r approved quantity revisions)times the spread rate as defined in 2348.1 and dividing by2,000 pounds per tor,except the payitem's tonnage-weighted average G.is used instead ofthe design G.as defused in 234-8.1. The pay area shall not ex ceed 110'/.of the de sigre d surface area. Prepare and submit a Certification of Quantities to the Engineer in accordaree with 92.1.2. 234-10 Basis of Payment Price s and payments will be full compensation for all work spec Me d in this Se ction, including the applicable requirements of Sections 320,330 and 334.The bid price for the asphalt mix will include the c ost of the liquid asphalt binder and the tac k coat application as directed in 300-8. Payme nt will be made under: Item No.285- 7- Optional Base-per square yard. J I 2022 ATTACHMENT A Page 60 of 74 1194 SE CTION 440 UNDERDRAINS 440-1 Description Construct underdrains,underdraut cleanout structures,underdrain it ectionboxes and underdrairn outlet pipes in accordance with the Plans and Standard Plans,Indexes 440-001 and 440-002.Use anyone of the type s of pipe liste d in 440-2,unless a particular type is specific ally required.Use only perforated pipe,and do not use open joints. 440-2 Materials. Meet the following requirements: Filter Aggregate....................................................Section 902 Poly,,irnyl-Chlorid,e Pipe.......................................Section 948 Corrugated High Density Polgethylene Pipe......Section 948 Filter Fabric Sock.................................................Section 948 Geotextile Fabrics*...............................................Section995 *Use products listed on the Department's Approved Product List(APL). 440-3 Excavating Trench Excavate the trench carefully;to the depth required to permit the pipe to be laid to the grade required,and to the dunensions shown m the Plans. 440-4 Layiing Pipe. 44041 General:Bed the pare fiunnlyon the bottom of the trench,with the perforations down and joints securely made. 440-U Corrugated Steel Pipe-Protectionof Coating:Handle corrugated steel pipe in such a way that the zinc or aluminum coating will not be bruised or broken.Do not use pipe showing bruises or breakage of the zinc oraluminum coating. 440-4.3 Protee tion o f Drain Inlet:Protect the influent end of the pipe in a manner which will prevent any soil from entering the drawn. 44044 Lateral Connections:Make late ral c onnec tions with pre fabric ate d wyes,tee s, elbows,etc.,as required. 440-4.5 Urderdra hImpection Box:Construct underdrarn mspectionboxes in accordance with Standard Plans,Index 440-002 and the Plans. 440-4,6 Underdrain Cleamut Structures:Construct und,erdrain cleanout structures of in-line wye fittings and stub for access where called for in the Plans. 440-4,7 Underdrain Outlet Pipe:Use non-perforated pipe.Construct underdrain bends in accordance with Standard Plans,Index 440-002. 440-5 Placing Filter Material and Back filling. 440-5.1 Placing Material:After laying the pipe and obtaining the Engineer's approval, backfill the tre nch with filter mate nal to the lines shown in the Plans. J I 2022 ATTACHMENT A Page 61 of 74 1195 440-5.2 Comp actin n of Fiber Material and Pro tection of Pipe:Place and compact the filter material around the pipe and forthe full width of the trench in layers not exceeding 6 inches in thickness.Take special care to maid displacement or damage to the pipe. 440-5.3 BackER1Above Filter Material:For all types of pipe,backfill the portion of the trench above the filter material with suitable pervious material.Place and compact the material in layers not ex ceeding 4 inches in this kness. 440-6 Type V Underdrain Construction To prevent c loggirg of Type V unde rdrain from co nstruction sediments,initially excavate the associated stormwater facilities to rough grade.After the contributing drainage area is stabilized,construct the underdrains and excavate the stormwaterfacilities to achieve the final elevation. 440-7 Method of Measuremerid. Ro quantitiestobe paid for will bethe lengthut fee t,ofunderdr in whic h includes underdmin cleanout structures,measured in place,alorg the centerline and gradient of the underdnin,completed and accepted.The quantities tobe paid for will be the length in feet,of outlet pipe measured in place,along the centerline and gradient of the outlet pipe,completed and accepted.The quantity of underdrain inspec tion boxe s to be paid for will be the number co mple ted and accepted. No separate measurement or payment will be made underthis Section for underdrains associated with box culverts orthe Standard Plans,Index 400-289. 440-8 Basis ofPaynwnt Price and payment will be full compensation for all the work specified in this section, inc lading all mate rials,disposal of mate rials,pope and fittings,stubbing into drainage struc ture s, and all excavation except the volume included in the items for the grading work. Payment will be made under: Item No.440- 1- Underdrain-per foot. Item No.440-73- Unde rdrain Outlet Pipe -per foot. i I 2022 ATTACHMENT A Page 62 of 74 1196 SECTION 522 CONCRETE SIDEWALK SAND DRIVEWAYS 522-1 Description Construct conic rete sidewalks and drive ways in accordance with the Plans and the Standard Plans.Sidewalk will include curb ramps,landings,transition slopes,sidewalk curb,and edge beams. 522-2 Matulals. Meet the requirements specified in 520-2 and the embankment utilization requirements of Standard Plans Index 120-001. 522-3 Forms. Provide forms as spec ifis din 520-3. 522-4 Foundation. S hap and compact the foundation materials with suitable equipment to a firm eve n surface,true to grade and cross-slope.Meet the testing frequencyand maximum lift thickness requirements of Se ction 120.Record density to st results in the Earthwork Re cords System(ERS) section of the Department's database.Compact cut-and-fill areas within 1 footbeyond each side of the sidewalk or driveway,when right-of-wayconditions allow.Compact the foundation materialbe low the bottom of concrete for a minimum depth of 1 foot for cut areas, 1 foot forfill are as less than 1 fo ot,and 2 feet for all other fill areas to a density not less than 95%of the maximum densityas determined by FM 1-T1099.Compact the material in the remaining fill areas to match the adjacent area density. 522-5 Joints. Install expansion and contraction joints in accordance with the Plans and the Standard Plans. 522-6 Placiing Concrete. Place the concrete as spec ifiedirn520-5. 522-7 Finishurg. 522-7.1 Screeding:Strike-off the concrete bymeans of a wood or metal screed,used pe rpendi,c ular to the forms,to obtain the require d grade and remove surplus wate r and laita nce. 522-7.2 Surface Requirements:Imprint concrete as detailed in the Plans, otherwise provide a broom finish.Ensure that the surface variations are not more than 1 M inch under a 10-foot straighte dge or more than I f S inc h on a 5-foot transverse section.Finish the outer edg es of the concrete with an edging tool having a radius of 1t2 inch. 522-7.3 Sidewalk Cross Slope Requirements: Construc t sidewalk with c ross slope as shown in the Plans and Standard Plans.Sidewalks must have some cross slope,but no more than 2.0%,in a lthe r the positive or negative direction after construction. 522-8 Curing. Cure the concrete as specified in 520-8. J I 2022 ATTACHMENT A Page 63 of 74 1197 522-9 Openii►g Rdewalkto Pedestrian Traffic. Install detectable warnings,when shown in the Plans,in accordance with Section 527 on completed sections of sidewalk before opening to pedestrian traffic. 522-10 Method of Measuremeiiat. The quantityto be paid willbe plan quantity;in square yards,completed and accepted. 522-11 Basis of Payment Price and payment will be full compensation for all work specified in this Section. Excavation for ne w installations will be paid for under the items for the grading work on the prole ct. Payment will be made under: Item No.522- Concrete Sidewalks-per square yard. i I 2022 ATTACHMENT A Page 64 of 74 1198 SECTION 32 31 13 CHAIN LINK FENCES PART I-GENERAL 1.01 SCOPE OF WORK: Furnish and install all labor, materials and related items necessary for the installation and completion of all Vinyl Coated Chain Link Fencing as shown on the contract drawings and as specified. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. N/A. 1.03 GENERAL REQUIREMENTS A. Exterior fence height will be 10'-0"and interior fence height 3'-6". B. Coordinate this installation with other trades. C. Investigate and verify all dimensions. Arrange the work and furnish materials to suit field dimensions. D. Approval of shop drawings required prior to fabrication. E. Proposals will be accepted only from those regularly engaged,for the past five years,in manufacture and installation of chain link fencing as specified herein. F. Contractor to supply any and all materials needed to provide a complete and finished product. 1.04 LOCATION: All fencing is shown on plan. See drawings for location,extent of work and other requirements. 1.05 SUBMITTALS A. Changes in specification may not be made after the bid date unless written approval is obtained from the Owner's Authorized Representative. B. Shop Drawings: Layout of fences and backstops with dimensions,details, and finishes of components, accessories, gates,and post foundations. C. Product Data: Manufacturer's catalog cuts indicating material compliance and specified options. D. Samples: Submit color selections for PVC finishes and samples of materials(e.g.,fabric, wires and accessories) PART 2—PRODUCTS 2.01 MANUFACTURER A. Products from qualified manufactures or approved equal having a minimum of five years experience manufacturing thermally fused chain link fencing will be acceptable by the Monroe County Chain Link Fences Key Largo Pickleball Court Complex Section 32 31 13 ATTACHMENT A Page 65 of 74 1199 Owner's Authorized Representative as equal,approved in writing,ten days prior to bidding, and if they meet the following specifications for design,size gauge of metal parts and fabrication. B. Obtain chain link fences, including accessories,fitting, and fastenings,from a single source. 2.02 CHAIN LINK FENCE FABRIC A. PVC coating thermally fused to metallic coated steel core wire:ASTM 668 Class 2b, 7 mil (0.17)thickness. Core wire tensile strength 75,000 psi(517 MPa), Black Color B. Size: Helically wound and woven to height as indicated on drawings. 2.03 STEEL FENCE FRAMING A. Steel Pipe-Type I:ASTM F 1083, standard weight schedule 40; minimum yield strength of 25,000 psi(170 Mpa);sizes as indicated. Hot-dipped galvanized with minimum average 1.8 oz/ft sq. (550g/m sq.)of coated surface area. B. PVC-Coated Finish: In accordance with ASTM F1043,apply supplemental color coating of 10-15 mils(2.54—0.38 mm)of thermally fused PVC in black color. C. All fencing posts and rails per construction details or manufacturer's written recommendations whichever is more stringent. 2.04 VINYL COATED ACESSORIES A. Chain Link Fence Accessories: ASTM F 626, Provide items required to complete fence system. Galvanize each ferrous metal item in accordance with ASTM A 153 and finished to match framing. B. Post Caps: Formed steel, cast malleable iron, or aluminum alloy weather tight closure cap for tubular posts. Provide one cap for each post(Where top rail is used, provide tops to permit passage of top rail.) C. Top Rail and Brace Ends: Pressed steel per ASTM F626,for connection of rail and brace to posts. D. Top Rail Sleeves: 7"(178 mm)expansion sleeve with spring, allowing for expansion and contraction of top rail. E. Wire Ties and Clips: 10 gauge[0.135"(3.43 mm)]galvanized steel wire for attachment of fabric to line posts. Double wrap 13 gauge[0.092"(2.324 mm)]for rails and braces. Hog ring ties of 12-1/2 gauge[0.0985"(2.502 mm)]for attachment of fabric to tension wire. F. Brace and Tension(stretcher bar)Bands: Pressed steel G. Tension(stretcher)Bars: One piece lengths equal to 2"(50mm)less than full height of fabric with a minimum cross-section of 3/16"x'/"(4.76 mm x 19 mm)or equivalent fiberglass rod. Provide tension(stretcher)bars where chain link fabric meets terminal post. Monroe County Chain Link Fences Key Largo Pickleball Court Complex Section 32 31 13 ATTACHMENT A Page 66 of 74 1200 H. Nuts and bolts are galvanized but not vinyl coated. Prime and paint all nuts and bolts black to match vinyl coating using paint system compatible with galvanized finish(submit product data). I. Fence Tension Wire: Thermally fused vinyl(Permafused)applied to metallic coated steel wire,7 gauge, [0.177"(4.5 mm)]diameter core wire with tensile strength of 75,000 psi (517 Mpa). J. Fence Truss Rods&Tightener: Steel rods with minimum diameter of 5/16"(7.9 mm). Capable of withstanding a tension of minimum 2,000 lbs. 2.05 SETTING MATERIALS A. Concrete: Minimum 28 days compressive strength of 3,000 psi(20 Map). PART 3—EXECUTION 3.01 EXAMINATION A. Verify areas to receive fencing are completed to final grades and elevations. B. Ensure property lines and legal boundaries of work are clearly established. 3.02 CHAIN LINK FENCE FRAMING INSTALLATION A. Install chain link fence in accordance with ASTM 567 and manufacturer's instructions. B. Concrete set all posts: Drill holes in firm, undisturbed or compacted soil. Holes should have a diameter 4 times greater than the outside of post,and depths approximately 6" (150 mm)deeper than post bottom. Excavate deeper as required for adequate support in soft and loose soil, and for posts with heavy lateral loads. Set post bottom 36"(900 mm) below surface when in firm,undisturbed soil. Place concrete around posts in a continuous pour. Trowel finish around post. Slope to direct water away from posts. C. Check each post for vertical and top alignment,and maintain in position during placement and finishing operations. D. Rail: Install single lengths between posts. 3.03 ACCESSORIES A. Tire Wires: Bend ends of wire to minimize hazard to persons and clothing. B. Fasteners: Install nuts on side of fence opposite fabric side for added security. 3.04 CLEANING A. Clean up debris and unused material,and remove from the site. END OF SECTION 32 31 13 Monroe County Chain Link Fences Key Largo Pickleball Court Complex Section 32 31 13 ATTACHMENT A Page 67 of 74 1201 ATTACHMENT B CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT ATTACHMENT B Page 68 of 74 1202 (-')%IB Approved No 1505-0271 I'Apiration Date. I 1 30;2021 U S. DEPARTMENTOF THE'I RElAStJRY CORONAVIRUS STATIT.AND LOCAL FISCAL Rf,(.,()VFR)" FtNDS Recipient.name and address DU\S Number:07.3876757 Monroe CoLuity Board of Commissioners TaNpayer Identification Nunber.596000749 1 100 Simonton Street. Roorn 2-2 13 Assisaancc,Listing Number and'I nL 21.027 Key 'Nest,Florida 33040 Sections�OO2(b)and 603(b)of the Social Seftlrit.v Act(the Act)as added by section 9901 ofthe American Rescue Plan Act,Pub. 1- No. 117-2(March 11.202 1)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the Coronavirus State Fiscal Recovery Ftaid and the Gorontwirus Local Fiscal Recovery Fund. Recipients,hereby agrees,as a condition to receiving such payment from FreaSLAry,agrees to the terms attached hereto Recipient: DI,il,ll,si,nad by Tina B... Crate: 2022.08.02 09:11:02 Tinia Boan -,04'00' Authorized Repress ntatiw Signature(above 1, Authorized Representative\atnc: Tina.Wart -A.whorized Representative Fitle: Senior Director Bridget&Finance Date Srgned: Li S Department orthe Treasury~� Authorized Repi esentalive Signature(above) Authorized Representative Naine Jacob Unbenluft Authorized Represenwfive'htle: ChiefRecovery Officer,Office ol'Reco\,cry Programs [),are Signeck May 14,2021 PAPERWORK REDUCTION r%(T NOTICE The infim a'iation collouted,volt N us d FiN the U.S GOVC'unient to p owss requests for sllp)IMI The V,6JTlated bMdeR W'MCi,,d0d With thIS WlIeCtion of uFlfff=atiOl I k t 5 MulUte.S per FeSI)OFISe COUM I hentS 001100FunIg the 8GGUFaWy Off thiS burden estituaw and$UggeStiOnS f(fr ie&Oing this bW dVII!410Ll I d Iv directed to the Office of Privacy,,Trartspareiw/and Records,Departrient of the Trewwr,',1500 Pennsy Ivan hi A,e-N W-Washington,D,(' 20220.DO T I OT send the 6 wl I I to t I I is addl oss,Ana ape I ley ma,p I ol C'm d UO(m spOl ;fiud'I]rel'.ILIT I os 11Q(7'ee]WrQd W I V91)01 In to,as Qo I I octior I of 1111"x nuo I ion n1l IQ ss It dus p I Q Ys a va I i coutroll number assigned b',OMB. ATTACHMENT B Page 69 of 74 1203 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting,Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Adm inistrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharine.Cost sharing or matching funds are not required to be provided by Recipient. 8.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAX),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. ATTACHMENT B Page 70 of 74 1204 v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Gove=entwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability; iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance;and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11 Hatch Act_Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amountto which Recipient is finally determined to be authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. ATTACHMENT B Page 71 of 74 1205 15_Disclaimer_ a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General; iii. The Gov en-mentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18 Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. ATTACHMENT B Page 72 of 74 1206 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient')provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,'Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit httn://www.len.aov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title Vl and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title T7 of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq), as implemented by the Department of the Treasury's Title ill regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title V1 also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title V1 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure 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 any ATTACHMENT B Page 73 of 74 1207 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. S. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VT and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan o�g�ta��Ys�gnaaevT�naBoan rlatP.-7f7J7 Oft f7J flgf]Q4 f7-f74'f70' Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to trns address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. ATTACHMENT B Page 74 of 74 1208 Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form 2. Proposal Security (Bid Bond) 3. Non-Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug-Free Workplace Form 6. Public Entity Crime Statement 7. Vender Certification Regarding Scrutinized Companies Lists AL 8. Appendix A, 44 C.F.R. Part 18—Certification Regarding Lobbying 9. Subcontractor List Form 10. Proposer's Insurance and Indemnification Statement 11. Insurance Agents Statement(signed by agent) 12. Answered Required Questions 13. Provided three (3) Customer References and three (3)Credit References 14. Provided three (3)years of Financial Statements in separate email marked "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License 16. Current Monroe County Occupational License 17. Minority Owned Business Declaration 18. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Business Sort Surfaces LLC Name: p DBA: Business EIN # 26-4143866 Business 7011 Wilson Road Mailing Address: Address: 7011 Wilson Road City, State, West Palm Beach FL West Palm Beach FL Zip City,State,Zip Phone: 561-964-2001 Local Phone: 561-964-2001 The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal. 10/25/23 Date: Signed: 10aa qd� Printed: Paul Gold Title: Manager Witness: PROPOSAL FORM 00120- Page 27 of 276 1209 BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Sport Surfaces,LLC (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Merchants National Bonding, Inc. (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound, unto Monroe County Board of County Commissioners (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, In the sum of Twenty-Five Thousand_Dollars ($ 2 s�000�), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Key Largo Pickleball Court Installation 305 St. Croix Place, Key Largo, FL 3 037 Install ten (10) asphaltic concrete pickleball courts. ?Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. _Spits Surfaces LLC (Principal) (Seal) (Witness) _ _ ... ... (Title) Managing Member Merchan s ational Bondi�r ,Inc. u (Seal) (Wit es) itl ey-in-Fact PROPOSAL FORM 00120-Page 28 of 276 1210 MERCHANis7�, BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Glenn Arvanitis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and seated by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December 2022 - ....... m.......® MERCHANTS BONDING COMPANY(MUTUAL) 10 NA �.... .•®, ItIG Cq a. Q ...4P . MERCHAN TS NATIONAL BONDING,INC. Vo gLpop a'Ri cllbla MERCHANTS NATIONAL INDEMNITY COMPANY 4 . 4 200 1933 By 3 President STATE OF IOWA gap COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. VirriLee o 7Corrlmissx�n Number 702737 7 IV Cbmmission Expires yy) Aprit 14,2024 \A, Notary Public (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 16th day of November 2023 0 NA . ........... 56. -0 4000 2 3 °mm secretary 1 Secreta933 00 a PO A 0018 (10122) 1211 SECTION 00120 NON-COLLUSION AFFIDAVIT 1, Paul Gold of the city according to law on my oath,and tinder penalty of perjury,depose and say that: 1. lam Manager of the firm of Sport Surfaces LLC the proposer making the Proposal for the project described in the notice for calling for IBy Earg o,sals foor- Community Park Pickleball Courts 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,and 3. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening,directly or indirectly,to any other proposer or to any competitor;and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition;and 5. The statements contained in this affidavit are true and correct, and made with full dg�of�knowled ect. (Signature oT'Flmposer+�- (Date) STATE OF: 'C' COUNTY OF: lbeac\q Subscribed and sworn to(or affirmed)before me,by means of W physical presence or 0 online notarization,on Wl(51 I Zon, —(date) by ?a-� 61o\A (name of afflant). telShe Is personally known t me or has produced (type of identification)as identification. 1411 C11� o 3-'zo- .Isslo'v NOTA'1711F' (SEAL) NOTARYD11MI 1, My commission expires: 0'2>/03)2o2*7 PROPOSALFO M 0 '— 00 120-Page 29 of 276 0 HH 1-2: FF 1212 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN!STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE Sport Surfaces LLC (Company) warrants that tie/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: V COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of W physical presence or 0 online notarization,on tobO 20t 3 ._(date) by ?Cll� (IIAA (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. CYRO a Cr WS510A, ;$� .03'.Zo —NAAWE6LIC (SEAL) NOTARY PUBLIC My commission expires:--��0-0211 V7--- 7 PROPOSAL FO ��\ /Rh&'J�+NA,.Ht4 Ljq�,q�' 00120-Page 30 of276 OF FL 1213 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statuto Section 287,087 hereby certifies that: q[.)0rtSUrfa.00_1LLC..... (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-fireo workplaco,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be Imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection(1). 4. In the statement specified In subsection(1),notifies the employees that,is a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or note contendere to,any violation of Chapter 8193(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (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 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 thi Irm complies fully with the above requirements, Proposer Jc rro 10/,511 D Date STATE OF: f&3 COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of OQ physical presence or 0 online notarization,on kl,-\ GJ_<L_(name of fifi,nt). _1JOSi,L9,�IZ3 (data)by n a HeJShD is personally known to me or has produced (type of identification) as identification, CYPO 0 0 10 NOTA5_P S/b'c (SEAL) No My commission expires; C1e,),-0/ZU2q PROPOSAL FORM 0 _U1.1L; 00120-Page 31 of 276 0 N, FFLO 1214 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Sport Surfaces,LLC (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36)months, (Sig,nature) Date: (C)i -<- - I STATE OF: CK 61ra COUNTY OF: C) .. ....... Subscribed and sworn to(or affirmed)before me,by means of W physical presence or El online notarization,,, otarization,on vo)zt� --(date) by— :�'aO\ G-U (name of affiant). He/She is personally known to me or has produced (type of identification)as identificati,on. tACYRO 0;$, Ix ,kt%%s io" 1"r/Z// 0 O- NOTAR"//JBV Cr- (SEAL) NOTARYPUBLIC My commission expires: V&,4*160 Z a 00 14H LV FFL PROPOSAL FORM 00 120-Page 32 of 276 1215 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Pickleball Court Construction Respondent Vendor Name:SPOrt Surfaces LLC Vendor FEIN: 26-4143886 Vendor's Authorized Representative Name and Title: Paul Gold - Manager Address: 7011 Wilson Road city: West Palm Beach State: FL Zip: 33413 Phone Number 561-964-2001 Email Address: sandra@sportsurfaces.com 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 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. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. 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. Certified By: Paul Gold - Manager who is authorized to sign on behalf of the above referenced company. Authorized Signature: J"aa 1qdZeZ1, Print Name: Paul Gold Title: Manager Note: The List are available at the following Department of Management Services Site: n. r.J/uwuww ,drns,rn Floirida,corn/�:� siinos cr Moir Lions/state �2.!E siin /�on��crir iinFcrirn� ticrin/ crin�icto�� s� U.............................................................................................`.............................................................................................!..............................................U................................................................................................➢...........................................................g........................................................................................................................................................................................................................11..... Inc.l.. .c........_ i irirr]„iinato.iE�`.......corr�pn!.giInts........veindcrlr........l.ists PROPOSAL FORM 00120- Page 33 of 276 1216 APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor,Sport Surfaces LLC , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Pa,6d4a Signature of Contractor's Authorized Official Paul Gold - Manager 10/25/23 Name and Title of Contractor's Authorized Official Date PROPOSAL FORM 00120- Page 34 of 276 1217 DISC,'LOSIURE Of LOBBYING AC..RITEE CONIRZTE 7HIS FORM TO r"MICLOSIZ. 3Z 'I jj'2 I Type c&Federil Actiom 1. Stitusof Federil Actiom-,, I Rlep-ort Iype: H a coll1ract ❑a.bA'offpl"Nppl�xtmn ❑ initial b gram b nzirinloawazd b Lwr.ehal chaqe, , I d %'&M For Materiall Clamp Omly: a. IDzuL pmanlee 7 ear irconel f VOxnin'nilmme �xte Tf IMt T'2pQrE k Name and Address of Ripyting Emfity & If,Reporting Emixty in No,4 is Smbawardee, Eml�er Name and AAildress of Prime.: ElprMle ElSubawwdee Tim iftnown, Cozges!io,nal District,Zlmowm Congressional Distnic.l.,if known 6. FELde.riJ DepartmemC.Agency-: '7a Federal Pragram.NgmeiDesiTiptian: C!FDA Number,ffappicable! Federal Actiom Number,ifknown':� pd Award Ammumd,iftmowm: 10. a. Niamenmd,4uddres,,ofLobbyEmirty b, Indhiftah Performimg Sernc*,s (mchzffing (If indivi&jall,I lmi mame,first name,Mlp addzeii Lf LffEreu from No. l0a) CIN'l nall'I'a,!first nalm.'Mp (Jilach CoLtinuntion Sheit.(F"d:if neces'."ary) 11. Ammumt of Pqqment(chleck A that ipp)ly), 13. TY pe of Paymeak(ch'tckall th2t-Mppjly)' ❑74 1:na I El Plammd F-I a, recamer F-I b. onia-dmp-fe;! 12. FoTm al`Paymlent(Chleck all that apV, , y CoraniiiFA011 F1a ca&b d. cculiqeut fee F—I b wpeclty mabize e defeared vahm! f 06L-r'spacify' 14. RrjE4'Dc;criptjazi of,Serrices Perf`Umid or to be perform k�and Date(s)of Semiii*'mchudimg Off"serf A.,PMVIGTWA-'or member(s)comdarted,for Fq emt 113dicatedl in Item 11: (niach Cominnatm nE:essar-a) 15. Cazlimuadian Sheet()aflache& Yes ❑ '- El 16. Imimmat'na rK"m'l't;d thus, ram L's lr=6=4d bry M.3;K r7,5L Sactiam H 51 TIn&vIcnim aff Sipaujim: rl&LZMC4 wn R"d by th';6';T xk'ays whan hi Vanuink"M Print Name, pumot to,31,17,5C B52 rpF,YftA,d b:,C'cmp;.,%Nam=nEN md.,Avil bi;nn-ahabl,;f.:,r publcinspQcdam 'd. Ille: T. &VICmaU4 lh3a.bg V&JD:t.to 1,d7il pmmI'�' afmar Ica t"M Teleghoae No.!! Date: Awthc=ed fw Local Reprod;xtion Fede:ril U�ze,Only. Slmlud Form.-LILL, 2-6c IPAR.7 COIJIN7Y PROPOSAL FORM 00 120- Page 35 of 276 1218 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90aENDIF» PROPOSAL FORM 00120- Page 36 of 276 1219 SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address N/A PROPOSAL FORM 00120- Page 37 of 276 1220 SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified complete copy of any or all insurance policies with all endorsements, amendments, exclusions and notice of changes to the policy as required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 276 1221 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 276 1222 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR KEY LARGO PICKLEBALL COURT INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Sport Surfaces LLC 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 and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 276 1223 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO PICKLEBALL COURT INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Sport Surfaces LLC Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $500,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 276 1224 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO PICKLEBALL COURT INSTALLATIONKEY LARGO PICKLEBALL COURT INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Sport Surfaces LLC Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 276 1225 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Section 255.05, Florida Statutes. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 276 1226 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 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Sport Surfaces LLC �Oazd?& PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 276 1227 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 72362955 $0 Liability policies are X Occurrence Claims Made RSC Insurance Brokerage, Inc. G Insurance Agency Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 276 1228 Minority Owned Business Declaration Sport Surfaces LLC , a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project: (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S.288.703 for more information. Contractor Sport Surfaces LLC Sub-Recipient: Monroe County j"c,ed LY6161)W SignatureV Signature PrintName: Paul Gold Printed Name: Title: Manager Title: Address: 7011 Wilson Road OMB Approved No. 1505-0271 City/State/zip West Palm Beach FL 33413 Date: 10/25/23 INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 276 1229 DATE(MMIDD/YYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 10/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cindy Cuellar NAME: RSC Insurance Brokerage,Inc. pHONE (954)963-6666 FAx A/C No Exf: A/C,No): 3250 N.29th Avenue E-MAIL ccuellar@advancedins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Hollywood FL 33020 INSURERA: Southern-Owners Insurance Company 10190 INSURED INSURER B: Infinity Assurance Insurance Company Sport Surfaces LLC INSURER C: Technology Insurance Company 42376 Mondo Padel,LLC INSURER D: 7011 Wilson Rd INSURER E: West Palm Beach FL 33413-2234 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2341340676 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 300,000 MED EXP(Any one person) $ 10,000 A Y Y 72362955 05/04/2023 05/04/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 3,000,000 PRO- .-,, ' 3,000,000 POLICY X JECT LOC BY "k ..---, "" - PRODUCTS-COMP/OPAGG $ : DATE Premises/Operations $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 WAIVER N/A YES Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 509-82008-4890-001 03/01/2023 03/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist BI $ 100,000 UMBRELLA LIAB ~" """ 2,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE 5273725901 05/04/2023 05/04/2024 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A Y TWC4312474 10/29/2023 10/29/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractors Equipment-Scheduled A Rented Equipment 72362955 05/04/2023 05/04/2024 $459,627/$500 Ded $25,000/$500 Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Key Largo Pickleball Court Installation Monroe County Board of County Commissioners,its employees and officials are Additional Insured on all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1230 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, Sport Surfaces LLC certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (21 Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: Sport Surfaces LLC �Oced lqea SignatureV Recipient's Name Paul Gold - Manager Name and Title Division Contract Number 7011 Wilson Road OMB Approved No. 1505-0271 Street Address West Palm Beach FL 33413 City, State, Zip Date 10/25/23 End of Section 00130 INSURANCE REQUIREMENTS AND FORMS 00130- Page 47 of 276 1231