12/13/2023 Agreement G��couRrQ
Jp.p0"O `"I'`f��^ Kevin Madok, CPA
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-Clerk of the Circuit Court&Comptroller=Monroe County, Florida
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DATE: December 15, 2023
TO: Jolm Allen
Director of Parks&Beaclies
ATTN: Suzi Rubio, Sr. Project&
Budget Manager, Parks&Beaches
Erika Nodal
Executive Assistant
FROM: Pamela G. HancocC.
SUBJECT: December 13'BOCC Meeting
Attached are electronic copies of die following items for your handling:
C1 5'Amendment to Agreement with Beach Raker, LLC, for Beach Cleaning,
Maintenance, and Beautification at Higgs Beacli for die second of diree (3) 1-year term extensions
for services. TDC is the funding source.
C5 Lease Agreement wide Monroe County Sheriffs Office to provide die Monroe
County Slieriffs Department widi 149.6 sq. ft. of office space for one (1) year at Bernstein Park on
Stock Island, Key West, FL.This agreement sliall be retroactive to August 15, 2023.
C6 2"Amendment to die Management Agreement wide YMCA for the Key Largo
Community Park and Skate Park, dated November 20, 2012, amending the language regarding
submission of mondily invoices and to provide for clarification of the process of submission of
invoices and payment.
C14 Contract wide the lowest responsive and responsible bidder, Sport Surfaces,LLC
for the Key Largo Pickleball Installation Project to install 10 new Pickleball courts.Tlie $398,000
project is funded by District 3 Impact Fees and ARPA funds.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
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.
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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
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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
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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
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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.
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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.
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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
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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.
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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,
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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
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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
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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
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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 ATTORNEYS 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
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
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
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
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
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
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
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 w.... irm::i..,.. cv.
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
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,
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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
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
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
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
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
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
(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
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
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
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
® OF THE PERSON EXECUTING
T- U ENT MUST BE NOTARIZED.
` BOARD OF COUNTY COMMISSIONERS
P e Madok,Clerk OF MONROE COUNTY,FLORIDA
r ,
0o n
As Deputy Clerk--- - Mayor/Chairman
bate.-December' 1 -, 9.09/.3 APPROVED AS TO FORM&LEGAL SUFFICIENCY
- ffio a —ty Attomey'e Offl—
ihdhi Melli Archer
Ats t 1-.1ee Attomey
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
SPORTS=UAS LLC
Contractor.must provide two witnesses ,
signatur § Signature:
Signature:
Print Name: I a t�/' � ('j
.f
Print Name:: �OC �N'\�l: Title: O
Date: I 2`b 2_ Date: f
_S x,a F
and _ Fri
Signature:
Print Name.112
Date:. zz
:- \\ q o -
STATE OF. �`�� a ,COUNTY.OF Va�►`�'t �o
On this 28 day of Poae?nbo-r ,20Z3, before me, the undersigned notary public,
by means of a physical presence or O online, personally . appeared
apt Gold .(name of affiant)known to me to be the.person
whose name is subscribed above or who produced as identificati6h,'. 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.
Notary Public ss►o E`
.034
Print Name
My commission expires: C8131Zcz� (Seal NOTARYPUBLIC
0,h•pH 1,Z9�tiv
.9
age 31 of 74
s
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
ATTACHMENT A
Plans and Specifications
ATTACHMENT A Page 33 of 74
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ATTACHMENT A Page 37 of 74
ATTACHMENT A Page 38 of 74
Technical Construction Specifications
For
Key Largo Pickleball Court Complex,
Monroe County, FL
(y li
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September 2022
PREPARED BY:
wood.
ATTACHMENT A Page 39 of 74
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
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 in neat piles inside the right ofway.The Contractor
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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
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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
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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 holding 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.
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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.
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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.
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gym.. .. ...
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
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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.
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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.
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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
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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
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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
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gym.. .. ...
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
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ATTACHMENT A Page 53 of 74
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
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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.
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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
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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.
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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
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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.
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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.
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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
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
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
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
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
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
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
ATTACHMENT B
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL
ASSISTANCE AGREEMENT
ATTACHMENT B Page 68 of 74
(-')%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 11.2021)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients front 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, i,n,d 1,Tn, B...
Date: 2022.08.02 09:11:02
Tinia Boan -,04'00'
Author ized RetiresentatiNv Signature(above 1,
Authorized Representative\atnc: Tina.Wart
-A.whorized Representative Fitle: Senior Director Bridget&Finance
Date Srgned;
Li S DepartiTtent 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
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
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
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
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
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
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.
� ®
Date: 10/25/23 Signed: l"/�G�qdlai
Printed: Paul Gold
Title: Manager
Witness:
PROPOSAL FORM 00120- Page 27 of 276
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.
( )
,��,� ,. a � (Sea!)
(Wit es)
d� Itl ) ey-in-Fact
70
PROPOSAL FORM 00120-Page 28 of 276
MERCHANi7s_7�,
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�°°.®. .. MERCHAN TS NATIONAL BONDING,INC.
gLpop a'Ri dlbfa 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
CorrlmisoNumbu702737
7 IV Commission Expires
Aprit 14,2024
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
1 Secretary
933
00 a
PO A 0018 (10122)
SECTION 00120
NON-COLLUSION AFFIDAVIT
1, Paul Gold of the city
according to law on my oath,and under penalty of perjury, depose and say that:
1. 1 am Managier
of the firm of Sport Surfaces LLC
the proposer making the Proposal for the project described In the notice for calling for
P otals for-
PT� argo 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
knowled fsaroject.
(signature o?Prqmae4-' (Date)
STATE OF: —vA-0-A i�Ck
COUNTY OF: ?eJ\rn 6e-a c\n
Subscribed and sworn to(or affirmed)before me, by means of Ill physical presence or 0 online
notarization, on W 131 ZO?3, —(date)
by (name of afflant). Hie/She Is personally
known t9 me or has produced -------------- (type of identification)as
identification. C PO
"ISSiOAl �OTA
(SEAL) NOTARyp IMI 1^ My commission expires: 0,240d Zoe
PROPOSAL FO M 0 00 120-Page 29 of 276
0
H
F 0
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.01�0-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Sport Surfaces LLC
(Company)
warrants that Belt has not employed, retained or otherwise had act an hislits behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee In 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 discrelion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date: 0
STATE OF:
COUNTY OF: cr
Subscribed and'sworn to(or affirmed)before me, by means of 64 physical presence or 0 online
notarization, on �o 20-e 3 (date)
by `?ao AA (name of affiant). /She is personally
known to,me or has produced (type of identification)as
identification,
tiyCY
<( "VSSION
.05-.Z N&�PVkIC
(SEAL) NOTARYpUi �LIC My commission expires,
PROPOSAL FO fill 00120-Page 30 of 276
F FL
DRUG-,FREE WORKPLACE FORM
The under-ignod,vendor In accordance with Florida Statute Section 287,087 hereby certifies that-
Spa,rt Surfaces LLC
(Name of Business)
1 Publishes a statement notifying employees that tile unlawful manufacture, distfibution,
dispensing, possession, or use of a controlled substance is prohibited In tile 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.
1 Gives each employee engaged in providing, the commodities or contractual services that -ire
under proposal a copy of the statement specified in subsection(1).
4. In the statement specified In subsection(11), notifies the employees that,as a condition of working
on the commodities or contractual services that are under proposai, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contenders to,any,violation of Chapter 893(Florida Statutes)or of any controlled,substance
law of the United States or any state,, for a violation occurring In the workplace no later than five
(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 irrra complies fully with the above
requirements.
Proposer
0
Date
STATE OF:
COUNTY OF; 00 0-O!L
Subscribed and sworn to(or affirmed)before me,by means of kphysicall presence or 0 online
'-"I 'i
notarization,on 1,0131') 7- (date)by (name of affiant).
HelShe is personally known,to me or has produced (type of identification)
as identification, C slov P,O
100t4is
AV .03,2o A y P(T
't _x NO 6LIC
(SEAL) No............... My commission expires- 0PJZOIZL�241
I tr,. —
PROPOSAL FORM 00:120-pope 31 of 276
0
1qH L
F F
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, ature)
Date:
STATE OF: cl�A COUNTY OF, --�a-ml Seez-
Subscribed and swom to(or affirmed)before me, by means of M physical presence or 0 online
notarization, on CI (date)
by (name of affiant), He/She is personally
known to me or has produced (type of identification)as
identification.
C RO
A SS10
0 . 3. ,
NOTARIA�-E30e
(SEAL) NOTARY OUBLIC My commission expires:0
HH
FFL
PROPOSAL FORM 00 120-Page 32 of 276
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: ,�Oaa q6�a
Print Name: Paul Gold
Title: Manager
Note: The List are available at the following Department of Management Services Site:
Ihtt�://uwuwwv.cinis.ni Flcriricia,orTi/�)u�siinesss o�esirations/stato sir Ih siin /�esn��crir iinFcrirn� ticrin/ crin�icto�� s
........➢............................................................................................. ...............................................................................................................................................➢.................................................................................................II...................................................................................................................i.............................................t.J.........i......./..............................i....................C..................................U.....
incl_ cl......._cliscirirr�in��„crir ........c rTiIj�..! rots.........yeincloir.......l..ists
PROPOSAL FORM 00120- Page 33 of 276
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.
Paed4�W
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
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
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
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
N/A
PROPOSAL FORM 00120- Page 37 of 276
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
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
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
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
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
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
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 loa-,edy&a
PROPOSER Signature
INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 276
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.
Insurance Agency Signature
INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 276
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
Signaturcy 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
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
POLICY � PRO ❑ LOC BY ---,M -��"'r '�`'�'',- PRODUCTS-COMP/OPAGG $ 3'000'000
PRO- '` x w:
DATE 11'/ 20"23 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
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
10a.ed q&a
Signatur 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