Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item Q09
Q9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting December 10, 2025 Agenda Item Number: Q9 2023-1577 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: Approval to enter into a $1,119,980.00 contract with Adventure Environmental Inc. for the Rock Harbor Breakwater Repairs project, funded by a federal HUD pass- through CDBG-MIT grant from the State of Florida, Department of Commerce (Commerce), formerly known as the Florida Department of Economic Opportunity (DEO)under Grant#IR036 and authorize the Office of County Attorney to make minor non-substantive edits to the subject agreement with review and approval as to form, in case minor edits or clarifications become necessary. ITEM BACKGROUND: This item approves entering into a $1,119,980.00 contract with Adventure Environmental Inc. for the Rock Harbor Breakwater Repairs project. It is funded by a federal HUD pass-through grant through the State Department of Economic Opportunity (DEO) to the County under Grant#IR-046. Monroe County was awarded $1,353,986.00 of CDBG-MIT funds under the original grant, plus an additional $338,495 under Grant Amendment #2, for a total of$1,692,481.00. The grant was awarded due to storm damage to the Rock Harbor breakwater structure, which no longer is able to provide storm surge protection to working class resident homes. Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing the destruction and significant flooding of low- lying areas throughout the Florida Keys. This project will repair 500 linear feet of jetty span and a weed gate damaged from Hurricane Irma and is designed to protect the low-lying, low-income subdivision that is subject to frequent and persistent flooding due to storms, tides, and sea level rise. In addition, the inflow of vegetative debris due to the lack of the protective barrier has degraded water quality within the residential canal system. The County received notice of award in January 2021 and subsequently received notice the project had been transferred to DEO's CDBG-MIT program from the CDBG-DR program PREVIOUS RELEVANT BOCC ACTION: 2555 05/20/2021:A Public Hearing for citizens and municipalities to provide input on an application for non- matching grant funds to repair the Tavernier Breakwater in the amount of $2 Million utilizing Community Development Block Grant - Disaster Recovery Infrastructure Repair Program funding from the Florida Department of Economic Opportunity (DEO) funded through the United States Department of Housing and Urban Development (HUD), after a duly noticed 10 day public comment period and after a 10 day public notice and Approval to submit grant application to DEO. 01/22/2021: Receipt of a Notice of Intent to Award from DEO for the Rock Harbor Breakwater Repair Project. 10/20/21: Approval to enter into a $71,642.50 Task Order #6 to the on-call agreement with Wood Environment and Infrastructure Solutions Inc. for Category C resilience and environmental services to design and permit the Rock Harbor Breakwater repairs. 02/16/22: Approval of Revenue Grant #IR-036 to repair the Rock Harbor Jetty in Key Largo in the amount of $1,353,986.00 utilizing funding from United States Department of Housing and Urban Development (HUD) through the Florida Department of Economic Opportunity (DEO). 07/20/22:Approval of a $0 Amendment No. 1 to modify the Citizen Complaint language under CDBG- MIT Grant #IR-036 for repairs to the Rock Harbor Jetty in Key Largo from the Florida Department of Economic Opportunity (DEO). 03/22/23: Approval to advertise for repairs to the Rock Harbor Breakwater in Rock Harbor in Key Largo, funded by HUD pass-through CDBG-MIT Grant #IR-036 from the Florida Department of Economic Opportunity (DEO). 07/19/23: Approval to negotiate in rank order for the Rock Harbor Breakwater Repairs Project in Key Largo, funded by HUD pass-through CDBG- MIT Grant #IR-036 from the Florida Department of Economic Opportunity (DEO). INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Rock Harbor contract_AEI - signed.pdf FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: 120 days after notice to proceed Value of Contract: $1,119,980.00 Total Dollar Value: $1,119,980.00 Total Cost to County: $0 match Current Year Portion: $1,119,980.00 Budgeted: Yes 2556 Source of Funds: DEO Grant IR036. CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Some maintenance of the project may be needed and may be funded by a future assessment. Revenue Producing: No If yes, amount: Grant: No County Match: $ 0 Insurance Required: Yes Additional Details: 2557 AGREEMENT Between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS And ADVENTURE ENVIRONMENTAL INC. For ROCK HARBOR BREAKWATER REPAIRS AGREEMENT Made as of the day of 2025. BETWEEN the Owner: Monroe County Board of County Commissioners 1100 Simonton Street The Gato Building, Room 2-205 Key West, Florida 33040 And the Contractor: Adventure Environmental, Incorporated 160 Georgia Avenue Tavernier, Florida 33070 For the following Project: Rock Harbor Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida Scope of the Work 1. Project Overview The purpose of the project is to repair the breakwater and add the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled the boulders over the breakwater which, prior to the storm, provided a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the ocean during the extreme heat of the summer that now clogs the canals, causing severe water quality problems, respiratory and health issues and environmental disaster. Repairing the breakwater and adding the air curtain and seaweed prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress and other health problems. AGREEMENT 00500-Page 1 of 61 2558 2. General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 3. General Requirements A. Construction work times shall be limited to: 8AM to 6PM Mon-Fri, excluding holidays B. The Contractor needs to be aware of weather and location and plan accordingly. C. The Contractor must remain aware of the community residences and plan accordingly. Coordination of each day's work shall be done in advance with approval from WSP/Engineer. D. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings (Exhibit A) and General and Technical Specifications (Exhibit C). The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this proposal package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. E. The Contractor and its subcontractors shall comply in all respects with Davis- Bacon Act. Requirements are laid out in Exhibit E. The Contractor shall also ensure that these requirements are made part of contracts with any subcontractors. As part of this the Contractor shall implement the project paying wages shown in Wage Determination 20240096, attached as Exhibit F. A copy of the Davis-Bacon posted attached hereto as Exhibit G must be posted at the job site. The certified payroll must be submitted using the form attached as Exhibit H. F. The Contractor and its subcontractor shall comply in all respects with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701 u (section 3) as follows and shall follow Qualitative Efforts as outlined in Exhibit I and may use the Section 3 Worker and Targeted Worker Application attached as Exhibit J, or similar form with the same information- 1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. AGREEMENT 00500-Page 2 of 61 2559 2) The parties to this contract agree to comply with HUD's Regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with Part 75 regulations. 3) The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and willpost copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4) The Contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. 5) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than thoseto whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filledto circumvent the contractor's obligations under 24 CFR part 75. 6) Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Subsection 7(b)of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Subsection 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Subsection 7(b). AGREEMENT 00500-Page 3 of 61 2560 G. Subcontractors are responsible for ensuring that the contract clauses are in contracts with lower tier subcontractors. Monroe County has made all reasonable efforts to obtain the required permits for this project. If the Contractor is aware of another permit that is required, it is up to them to obtain it. SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to WSP prior to notice to proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 3. If in the event of conflicting or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 5. Contractor shall provide suitable storage container and be responsible for disposal off-site of all debris and trash. 6. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. The Job site will have limited 8AM-6PM work hours Mon-Friday excluding holidays. The Contractor will need to schedule work shifts typically from 8AM-6PM weekly. Any change to the agreed upon schedule must be obtained in writing with a minimum of 72 hrs. advanced notice. 7. Coordination of each day's work shall be done in advance with approval from WSP / Engineer. 8. Payment and Performance Bonds. In accordance with Subsection 11.3.1 of the General Conditions, 2 CFR § 200.325(c), 2 CFR § 200.326(b) and Section 255.05, Florida Statutes, at the time of the execution of this Agreement, the Contractor shall secure performance and payment bonds issued by a Surety Company with an A.M. Best rating of A: VI or better, that AGREEMENT 00500-Page 4 of 61 2561 is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. The bonds shall be in an amount equal to 100% of the Agreement price. If change orders render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. The Contractor shall furnish a certified copy of the recorded bonds in a form approved by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Engineer is: WSP Environment & Infrastructure Solutions, Inc. Greg Corning 5845 NW 158t" Street Miami Lakes, Florida, 33014 314-920-8359 The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement including all exhibits, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, Modifications issued after execution of this Agreement and DEO Grant IR036 attached as Exhibit D. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall proceed with Work no later than 7 calendar days after receipt of the Notice to Proceed. Failure to commence with Work within the 7-day time AGREEMENT 00500-Page 5 of 61 2562 period shall result in a $500.00 fine to the Contractor for each day that work does not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for days 31 and thereafter, as specified below. The Contractor shall accomplish Substantial Completion of the Project within One Hundred and Twenty (120) calendar days from issuance of the 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. The Owner shall be entitled to liquidated damages as shown below for all work that fails to meet the deadlines shown in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Sustainability Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Million, One Hundred, Nineteen Thousand, Nine Hundred, Eighty and 00/100 Dollars ($1,119,980.00) subject to additions and deductions as provided in the Contract Documents. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Sustainability Program Manager, and upon approval for payment issued by the Sustainability Program Manager, and Engineer, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: AGREEMENT 00500-Page 6 of 61 2563 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes). The Contractor shall submit to the Owner invoices with supporting documentation acceptable to the Office of Monroe County Clerk & Comptroller ("County Clerk"), on a MONTHLY schedule in arrears. Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the County Clerk's disbursal of funds. The Owner's performance and obligation to pay under this Agreement is contingent upon annual appropriation by the Board of County Commissioners. 5.4 Each Application for Payment shall be based upon the Schedule of Values 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 Sustainability Program Manager may require. This schedule, unless objected to by the Sustainability Program Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent (5%). Pending final determination of cost to the owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Sustainability Program Manager. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. AGREEMENT 00500-Page 7 of 61 2564 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 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). 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts 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 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 Sustainability Program Manager. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (Samples in Section 1027, 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 downloadable CD/DVD or flash drive of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. AGREEMENT 00500-Page 8 of 61 2565 D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each AGREEMENT 00500-Page 9 of 61 2566 other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the 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. The 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, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be AGREEMENT 00500-Page 10 of 61 2567 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. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to AGREEMENT 00500-Page 11 of 61 2568 this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that, upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County or Contractor agrees 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 disability; 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 19127 §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 129357 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows- (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of AGREEMENT 00500-Page 12 of 61 2569 compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (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 by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. AGREEMENT 00500-Page 13 of 61 2570 (8) The Contractor will include the portion of the sentence immediately preceding Subparagraph (1) and the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. The 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. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. AGREEMENT 00500-Page 14 of 61 2571 o) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to 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 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 AGREEMENT 00500-Page 15 of 61 2572 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 or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL 33040, publicrecords&m nroecounty-fl.gov, (305) 292-3470. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. AGREEMENT 00500-Page 16 of 61 2573 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. The Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics 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. x) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per AGREEMENT 00500-Page 17 of 61 2574 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. 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's sovereign immunity. State of Florida Department of Commerce Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the State of Florida Department of Commerce 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. 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 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the AGREEMENT 00500-Page 18 of 61 2575 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 (1) 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. (2) Affirmative steps must include: a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c) 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; d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e) 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. f) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in Subparagraph (a) through (e) of this section. aa) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his 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 the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. AGREEMENT 00500-Page 19 of 61 2576 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) Breach Penalty and Damages During Emergency Recovery Period. Effective January 1, 2026, and in accordance with Section 252.505, Florida Statutes, the Parties agree that if the Contractor breaches this Agreement for goods or services related to emergency response for a natural emergency during an emergency recovery period, the Contractor shall pay Monroe County a penalty of Five Thousand Dollars ($5,000) and damages. In addition to the penalty, the Contractor shall be liable for damages, which may be assessed, at the County's sole discretion, as either- 1) Actual and consequential damages suffered as a result of the breach; OR 2) Liquidated damages in the amount specified in this Contract. The remedies provided in this Subsection are cumulative and are in addition to any other rights or remedies available at law or in equity. For purposes of this provision, "emergency recovery period" shall have the meaning as set forth in Section 252.505, Florida Statutes. ee) 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. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 FEDERALLY REQUIRED CONTRACT PROVISIONS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to: AGREEMENT 00500-Page 20 of 61 2577 8.1 Clean Air Act (42 U.S.C. $7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- 7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$100,000. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Department of the Treasury/Federal Agency and the appropriate EPA Regional Office. 8.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" and made a part hereof). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each Contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. AGREEMENT 00500-Page 21 of 61 2578 a) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. b) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c) Breach. A breach of the contract clauses above maybe grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid to each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 8.3 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer based on a standard workweek of forty (40) hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the workweek. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. a) 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. b) 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 AGREEMENT 00500-Page 22 of 61 2579 addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. c) Withholding 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. d) 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). The United States Department of Housing and Urban Development (HUD), Office of Davis Bacon and Labor Standards Form 4010 setting forth the requirements of Federal Labor Standards is attached hereto as Attachment K and incorporated herein. 8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 8.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (See, 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension" and 24 CFR Part 5, 24 CFR § 5.105(c) and 24 CFR § 570.609. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by AGREEMENT 00500-Page 23 of 61 2580 agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. The 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. Part 180, Subpart C and 2 C.F.R. Part 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. Part 180, Subpart C and 2 C.F.R. Part 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. Part 180, Subpart C and 2 C.F.R. Part 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. Additionally, Bidders or Proposers agree to comply with the requirements of 24 C.F.R. Part 5, 24 C.F.R. § 5.105(c) and 24 C.F.R. 570.609. 8.6 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 non-Federal award. If the award exceeds $100,000, the certification, attached hereto as Exhibit L and made a part hereof, must be signed and submitted by the Contractor to the County. 8.7 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 designed in guidelines of the Environmental Protection Agency (EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 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: AGREEMENT 00500-Page 24 of 61 2581 a) Competitively within a time frame providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, httgLL!Aww.epa.gov/smm/comprehensive-procurement®guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 8.8 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). a) 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). b) Telecommunications or video surveillance services provided by such entities or using such equipment. c) 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. d) Systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 8.9 Domestic preference for procurements as set forth in 2 CFR §200.322. The County and Contractor should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: AGREEMENT 00500-Page 25 of 61 2582 a) "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. b) "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. Other Federal, United States Department of Housing & Urban Development and State of Florida Department of Commerce Requirements (as applicable) 8.10 Americans with Disabilities Act of 1990 (ADA), as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 8.11 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. 8.12 Access to Records. The Contractor and its 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 Housing and Urban Development (HUD) and the Florida Department of Commerce (DOC). Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by HUD and/or DOC; (2) Give HUD and/or DOC 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 HUD regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate HUD and/or DOC officials and maintain appropriate backup documentation to support the reports. 8.13 Record Retention. The Contractor shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued pursuant to DOC Grant#IR036 (Exhibit D), or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DOC, or its designee, CFO, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to DOC, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DOC. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been commenced prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the AGREEMENT 00500-Page 26 of 61 2583 action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. 8.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 8.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that the Department of Housing & Urban Development (HUD) financial assistance will be used to fund all or a portion of the contract. The Contractor agrees to comply with the requirements of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sections 5301-5321, regulations adopted by the Department of Housing & Urban Development pursuant to Title I of the Housing and Community Development Act of 1974, as amended, and guidance issued by the Department of the Housing and Urban Development 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 Housing and Urban Development award include, without limitation, the following: a) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200. b) Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R. Part 205). c) Community Development Block Grant (CDBG) Technical Memoranda (https://www.hudexchange.info/community-development/cdbg-memoranda/). d) Applicable HUD Community Planning and Development Notices (https-//www.hudexchange.info/manage-aprogram/cpd-notices); e) Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507) Environmental Review Procedures for Entities Assuming HUD Responsibilities (24 C.F.R. Part 58). f) Environmental Criteria and Standards (24 C.F.R. Part 51). g) Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §§ 4001-4129)7 Floodplain Management and Protection of Wetlands (24 C.F.R. Part 55), and Executive Orders 11988 (Floodplain Management) and 11990 (Protection of Wetlands). h) National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321- 4370h) and other provisions of law which further the purpose of this act. AGREEMENT 00500-Page 27 of 61 2584 i) National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301- 320303), Protection of Historic Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act. j) Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C. §§ 312501-312508). k) Safe Drinking Water Act of 1974, as amended (42 U.S.C. §§ 300f, et seq.). 1) Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157) and the Uniform Accessibility Standards, as applicable. m) Federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219). n) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and the applicable rules for Federal and Federally Assisted Programs at 49 C.F.R. Part 24. o) Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846); the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851- 4856); and the applicable implementing regulations at 24 C.F.R. Part 35 and 24 C.F.R. Part 570, Subparts A, B, J, K, and R. p) Section 102 of HUD Reform Act of 1989 (42 U.S.C. § 3545) and HUD Reform Act regulations at 24 C.F.R. Part 4. q) Section 102 of HUD Reform Act of 1989 (42 U.S.C. § 3545) and HUD Reform Act regulations at 24 C.F.R. Part 4. r) FR-6218-N-01: Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for CDBGCV Grants, FY 2019 and 2020 CDBG Grants, and Other Formula Programs. 8.16 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. 8.17 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. 8.18 The Contractor will be bound by the terms and conditions of the Federally Funded DEO Grant IR036 attached as Exhibit D and made a part of this Agreement. 8.19 The Contractor shall hold the United States, State of Florida, 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. 8.20 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 AGREEMENT 00500-Page 28 of 61 2585 mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 8.21 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 Federally Funded award as set forth in Exhibit D. The Contractor and subcontractors must disclose in writing to the Department of Housing & Urban Development 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. 8.22 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 8.23 Housing & Urban Development Act of 1968, Section 3 Requirements. a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. c) The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d) The Contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. AGREEMENT 00500-Page 29 of 61 2586 e) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75. f) Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g) With respect to work performed in connection with Section 3 covered Indian housing assistance, Subsection 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Subsection 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Subsection 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Subsection 7(b). 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 the right to pursue a claim for violation of the AGREEMENT 00500-Page 30 of 61 2587 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 Terrorism Sectors 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: (Insert information here).]\ a) Exhibit A: Drawings b) Exhibit B: Unit Pricing Sheet c) Exhibit C: General / Technical Specifications d) Exhibit D: Grant IR036 e) Exhibit E: Davis-Bacon Act Requirements f) Exhibit F: Wage Determination g) Exhibit G: Davis Bacon poster h) Exhibit K Davis Bacon certified payroll form i) Exhibit L Section 3 Qualitative Efforts Examples j) Exhibit J: Section 3 Worker and Targeted Worker Application AGREEMENT 00500-Page 31 of 61 2588 k) Exhibit K: The United States Department of Housing and Urban Development (HUD), Office of Davis Bacon and Labor Standards Form 4010 1) Exhibit L: Byrd Anti-Lobbying Certification Form m) Exhibit M: Florida Department of Economic Opportunity (Commerce)- CDBG Program [Supplemental Conditions] n) Exhibit N: Affidavit Attesting to Noncoercive Conduct for Labor Services (Section 787.06, Florida Statutes) o) Exhibit O: County Forms 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. 10.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: 10.1.4 The Addenda, if any, are as follows: Number Date Pages Addendum #1 April 11, 2023 1 Addendum #2 May 11, 2023 5 Addendum #3 May 16, 2023 10.1.5 The Alternates, if any, are as follows: Not Applicable END ALTERNATES AGREEMENT 00500-Page 32 of 61 2589 TI'lisAgreernerit m, entered kltO as Of the mjy arld Year first Writte mm Or �°°� the r�m"m m actor MUS e by m'mm "germ",soin wm(ljm met°'nor ':) IWri theem"tqy,; � m��� TARRED AND U� � I� � Iw I �" SIG �� ° E �w THE PIED EXC � El BE BY" By ��.,� ADVENTURE ENVIRONMENTAL,, INC', Attes M , ,F�ri n t N a rn.e C6v-llS-±-&P—kK-C-,-CI.6,tll o Print I Title: Date,, .�� Dade. mr : ._C—hlil AXLmm.L,lykf!�� Date, STATE OFFI-ORIDA CO NT Subs,cribm, i and swom to (or affirmed) before, me, by, means of V'pftysical presence lor C Online notatization, on ' (name of affian ,or tias pru ' uced (type Of wm lPf �„�, r�oxm�'� ���mvv � ���� �www�u ,u��wwwmmrvnromrrwr�rnm�+�rv ............""", a�+ »�P i !AmYA�MD'N"X1Nry9r'IHJM 1Y 1 ,WIlYY1VVylY I1)W WI nPY9NYJNWryIYY ,,INy^J,'M1wyw9rPnti4")✓�MW'Nf'. 5?!4YM ay�JvfobW lY1D�➢11 Nvh➢i➢il;�J�Jw;,P➢lY1PNWINJ,w9W1MWWY�V'w"A'eIW�wYW YrvfY111Y Y1fUYIVY, 1 YIWIW�"fn^;HJWfY1WlVYV �l�Wf.N) fYY !'W 11➢l Y1 NNll AC �,�ENT I � � of Si 2590 Exhibit A Design Drawings 2591 N }} LO " a81 wKH M� F w N au 11 U w Q w ��.� w V Ir OF affi o� d0� W w 3° 0 iYc Or, w ow a8 o 3 ¢ Ywz U �3 _ U U z z f°w °o w _ 3 0 d�dwMd;:�N..II..„"�f III�:�..II.SP^MG)l () II iY;')Iq) !I hN..II M89cl iNMS (3?"!''Hm)6 w _ - O - - _ --w. rcUp — om�rc _ — — — — _ n — u zgm-- T^ —ro V'raw uau_�nx_¢ — o — U V —x U rc U ¢ =rww O � �a U A11 Q o � ZO - x U My J ^ - LL 0�K O m p Q O M w, r, r'p�. a o0� U } a _ W F z '� � w W N Qm� i 9v a..� az M ' V1 Ua0 p o O 7 O S U w.A Z LL. CDw z 0 w o - z o µy a i U H m w a, M0 w - x z z mw - U - � U) v a�'C 8 W d Z a Fil a a z a M 0 z W w w h�l O g OU z w K U W W z K Q m m Fd") W 0 � W a W 0 > oo � aWW W W O w 1yy1 11 Z F N N 0 � v l J z Q z z W U O O IT) O O Fi+ W a w p z z z J J QOf F W W W a 0 0 O F Ww F F a a z W 0 z cn o o O O w w Q o O w W w wW W p p F w w w W ww � aaaw 00 > z x O O O O O in in O O Z ° 0Wwww00o0Qww WQ (vim O O O O O O O O O O O O O U U U U U U U U U U m NildVw—A n9-0 Wd(¢IZZMO[--d 319V131n S—d .—1ZZ-03AV511—lro9 il— A,-M.o,uow-®L MOMS—PO-A M >> M N O v�mE mF� z ~O �a� $ U a�W / /?i/ w V OF affi o� Z m '� YQ �' �'��'; p pm u8 W. O 3 0 W W W -Z �'� vows sa z o z o w g K m y 7;r Ofr[ o 3 W W _ 3 U 0 Ow"Ma..II II.SP^"AG)l () II ik',)Iq) !kD 14 II �l89cl"°N DNS 9 0?"UM _ lm - O o ru�ow� - Z ❑ - _ m� 9'-,9�_np- - of - ❑ -- �m - - _ _ wpm _ - _ rc _ HOP 2 y� F 0... K H - - OwwOO O O�izttO-~ �wZ my _ O O¢Oo 35 0. p � pZ.OZw - - p;o _ O_m� O acwi=ti=Z _ omO - �O U NwO SP ¢O wOo¢O_ 1 > xO - rr�jmi� B. - Is w r w� iooO m - - - - - - O gyp w O w 0 o do �m o a Z w w oll _ ¢ OQ �,n�mOx� wOOOUd �O 0¢aF O w�+ 0 O O�LL o� og N—A senAn9-0 wa ce 1-1--d eiod—VA-1.—11—S—d wv-1-111—S in— A,-M.muow--MOMS—PO-A T l N ao K ~ r' F w ¢ N v K H Z i Q O N_aa �$ — w oa�ma o w a a w °Lu J w ~ m w / w U o� ffi 3 z IL I u 0 o3 z o 0 m n O 3 x w `-' 3iy' w 0 ddw"M0N..II....'„ 1IIIH..II.SP^"AG5 l () II..,Ik)Iq) !IDhfl1II IIJ489'l NOM 0?"!UM I , LU LU' v fin' N�Na �% 1� /r� J/✓��J�� �� / / f�/ � (A off/ � I y�(r�"y✓��d / 6� /iDi r r ° / r � � i� a w ❑ O"sw& z a a Z Z� w ? w a z a z ❑wwz za �%I rl�/;%�yrl� 1 �❑ OO�o Q�rfl / /D I ✓ o / 1✓ i/ ✓ � .� �a a,aO ❑w ,pr �rc %// Hs, /Y l 1// ill mo❑ 9LL o o!w Z o a woo'. oRw� mw ww .,o wo �,,,, w> awl �'d `- 'Ooa aw � �� ❑ w4wo� is �a w wziw zw %a 2 'OEM r� -0, o Z m>o �, r J 'f w "�,f ���� z o mz za wwza wZ IIIIffffff l �f �� of w �0oa ❑ /✓ �w �3�z �o III ❑w oW U ❑ X �LU m Ana ow2� o� �Ji% 0 ^ 1 IUrIl1�>�� f�� w / s/q� f, z o a w J o❑ O NZ 2oa ZZOm mQ O> tt��w Z❑o o ZU z zw -�> ow ou o8w� d� W.rr1%/ ✓ �ji%�� 1 �. ❑� Htp wx n pZLL o�w o, X wwa wo za>y-, Z 83 ? Z❑ �Ww❑ O Hai` f W wo �w wi az cP If a g ❑ `�/ ✓ jl, �l �,1, , oo ow Xw � �x°p U �g❑ W o!w Sw �w ❑�J,f..� I j 1 M ow w -o Z Ua ❑10 frr� fI �/ uwi a I w z z Q Z a -0°'o U o Za O❑ OwU OJU D f l Oo O O F Z W. / ❑o w m w-nOw % w E0w O oy> oa i J LL �ao�w Q� / `�U 00Z. Ztt .O UmO w ZQZ /j '� �I ' / ll`/ ❑� m� F�OUQw 0y0 QZK0 Uwr O w OO�j ww Z w ffr i r U F O W N Z F Z uJ .III r, l oz n�°m a5° w U m ° 0 w N O z w 0 a s ° n zw Nuevw 01--d—svwnn10 areeiarusrore wvu —1/6—S 101-0nvr Al-M.moow-®mMGMSrwPO-A LO LO U. ¢m v � o O m W ww0 U f 3 Cc $ w00z 3 vi oZr , aZ o O m N w 2 0 lua 0 ddw"M0N..II....'„ 1IIIH..II.SP^"AG)l () II Ik',)Iq) !I hfl1II V 89cl"°N M' 0?"U,M 01g y %�1i'J 3G l Y lu y� f / r/ii/irr/ 6 rl}/ i✓ y, ;,r I �� � wrV�Q` J �i r I 1I Sui xw� ,� LU I I ri IIII � /d w x II "III / %%/r f I / OFF z O�G\ Iae w Z "zo a o c NA`#s2 a> O O 1 0 I U' 0 w 0 wzxz a o0� �! � zo N p g� o 3 ¢ z N mki(1w� V,J w m� w o w w v dsa o w ¢z z3� wow x-'o °r ji, i I �� '� �z o 0 'i.Q w Hz 1 ¢ 1. 0OH m INll,m p0 p�r �q (` (((�� �w 0 fU w 1 Qm W a �,� ¢O O o ¢ '�' O Nl� rn, w o C""'� J s�rO w did¢i,d U rah( C z rn � '���fw� o w��ww � zrn ywm<w �r F 1 w m O mug 10 z Il/-ammw i,� �O w c+)+i Z .63 zw j c[ � p a I O� x—' ' / � O � Q w1. X~ / Jr /�i� ! U J oy z VA ¢� r� ,/ 1 w w /✓ir�° W1i �f w O x z '� t apt mw OOw ¢O wnl f I wrn x O r,. " ( � O /, O6 �11�f/ !. �Q .tt w w¢o� I1f zwo oz°gg � o Op w ° oo a N w > o Om aw p WO w ow I wWw m❑ aU W. "J"'Mr0, z o-z °o om <w U zw� �I � www w0 z w O p aao Fw o p°r w�z0 � �ow��� w � a �w �g w <a /wow �JJJ� I a¢C) o3w Fw ou a ':��liQ¢z /If ;, ��ww i zz �» wOz m� Z \ =LL Hm0 1 J .zZCD 'x ¢ / w zm w� k ¢ U O(n / ��¢ z0 iw iaO�N ,ww j W¢ + f=M 0 Z �z (7 4 w�0 t w ¢ W w z r'rt m z a z 0 w 0 w c�i °m w a N Y a' o z Z ¢ ail w y wmvw sanAn9-0 we IE 1-01 aa—d ero—SVA-10 arevrar S—d A-C---S E—inonvl P Is a 9 via e—m—z m— w-®m—Siwro-1 U > T N $ Z F w Z N v O > U. a� OW~ O '=tamp o z U _ Ewa N O ¢ate o Qua l/./ { w U of 0-JO 3° ¢ YQ� Or /��/i" 0 0 ag ��� w M 3 �_°aw o UWz ¢ �W o O�z W. o 0 z O o a ws me o m N o 3 z O U F U p _ 3 a d�dwNd;:�N..II..'„ f IIIN:N..II.SP^NG�)8() II hfl1II...N.Mi89cl iNMS N(3/"!M")6 pars ui "A" H - /r w a o 0 U �9 J - a U)r> N pi r �!/ a o w w We a / a �D pOo a o VYn f{ /% JI1�/fr I Jr ` 0 w rirrc� /{ fa „ N1 ��r (ll�CD o , VUJJ o� wok ` Iwo °6 o0 Z 0 w w u, a c U /N 1 W1 1 I M Q LU /J w d Qy O 0 Q N a O J Q W O' W Q U W K QQ i d W d V\ Q \ O C, 0 ¢ w o w J a w N'�✓. \ ` i! f �i N N w- z - -^ o w / w a z w o WE w y z `ys off d ° ° ° tw a n wi i i i Ipd NI—A—A-9 Nnnvea we Iz I z MOI as—d ero H—VA rino arevrar S—d we zo I canes il—11 a e—m—z a°°e-m— ®m—Siwro-I LO LO mw� a�w I /, w of 3ffi o� 0z0g N w a a z w s Q yj r O o" s O w U d v 3 =M� o u w z � �wo �_zLL goo w�� oomo �a sra,� O 3 a¢� c� W - 3 ~ 0 fil'AON..IL.C)FIIH..ILSP^MG)l O II IIH 1IL..ffil8ggl PAMS9(3/"!'V9m) LU LU 11, " 4 /lr� � /i,� %','lr✓err i,� ��j���l�� f�1 �/�/,i/'o/� o o z \ � LL `i 1 1 � Y o ui % 0 - > NIII and �, � t �I ,/ Z � o w q w _ oNll I! \ru �I / 0 3 U ¢ o w o F- y s J w v O- +T �i; 9 h r //r O / 'i A lid f o / a // E i/�% 0-0 b% n ' r (/i c WW / n) m �l w u Y , w d' r Ji U m F w w U Qa d. NO d Q N i o w W z Z - UO a K ° K o w F % ow z o Q w F o l%%%o; a a Q w r nL.Ir� z l l j / w l �� Nuevw-A-9 Nnnvea we[z 1—m aa-d ero—VA-1O arevrar S-d waoo--Ganes woo inonvr A,-M.-oA I-OMOMS-PO-A >> 00 LO N a� KKH m H =tamp / r O U O ¢ate o � Qua w U of affi o� " �z w 3° O o" u$ tn� u� uWZ �3 0 �Q W. o W f - o ddwMd;:N..II....„)rlw..II.SP^Mm;:)l () II II....M89cl iNMS (3?"!W)6 AM' oil W � � r LU / i d ✓f'yo, LUcANA l r J I w rf I Pow, 1 I `J d' \ / LL w w w z w w N—A—A ne w,nvea we,z,bceisiO—i—e e/od—VA-Oe/ev/—i— Adro,—e—S— /nonv/ n,-Ma—ow-®mm 0—iw O-A LO u. V All N Z w > N OW /i/r F7 �$ `¢ O �m o m H /�/� of z O� N a� $ o 1 Q�W �• w U OF affi o� W O3° �Y �r 0 om ag 3 �� o U W W Z F 0 F o 0 _ 0 d1dwlAU..II..„)f IIIH..II.SP^MG)l () II..IY;')Iq) !I hfl 1II....M89cl 'NMS9n ?"!W)6 88 OnVN C4)NOI1VA3 a 88 GAVN P4)NOIiVAe O a a o 0 x O w o w O w O w + z & w N _ x Z W U J y Cl)0 0 o _ o J o Cl) — l N U Q Cl) n o U w o O w =W� O o U x a i' o X w w o N { � 88 OOVN(4)NOI1VA3 88 OOVN(4)NOI1VA3 G w G G Q 8800VN(4)NOI1VA3 88 OOVN(4)NOI1VA3 = O O G Q O Q O w w o n m ce� m O 0 G O w 1 O n o 11 o — o o Cl) u m �\ v Cl) �� —�� UO n > �m U U \ x i w I i 88 OnVN C4)NOI1VA3 88 OnVN f4)NOI1VA3 a Q w 88 GAVN(U)NOI1VA3 0 Q as OnVN(4)NOI1Vn383 Q x w w O J O o x 1. o w 10 O m - - W a LU Q a Cl) o Cl) Cl) w_ 3� QC0 Cl) m O �w �w x M X JW i U U — M 88 OOVN f4)NOI1VA3 88 OOVN f4)NOI1VA3 NIddbw—A-e Edda Ad Iz 1-01——d ad —SVA-1 3—I S—d Ad 11 1 E.——S 10-110— l x 9 d—W—z�a��M a z�� �Hood-R,-M ao—A—MGM——d— }} o JITM� F w z N O ;gym m~m /r U �$ z - F- o Q a U a j w iii w U Y O F a ffi o w N m 0 3° o x a �r ��n w a pLL .09 u wz 5; $ Z O o 0 w i ¢ z N U z Z f°w °o o m U '� 7a .�W O 3 II II (n U - ww _ LU 3 p d�owod;:�o....„"�fIII�:�...'SPIII�;:)l () II.�.iY;'Y�M !I WM�..II...�.V� 89cl iNMS (3/"!''Hm)6 m o bo o 00 �o w U m Lu O 1I fa UO F .�. Z < 3 LU 0 LU Lu / H w W LU LL do <000_ o N ao Nm om ;II gw 3> o$ - es �m8o �s J_ m U Q � LU 0 z UO W LU Z c s Q �a�,u --__ LU a daa0..b 1 mbt U y .. a Z F e lb 0 rn G m" LUCE Z V/ Z U p v�'yk',`., U Q r ddd w J w a uu V5 m Q xs U_ a LL� a N Ndddw53dd,-9—Ha wdIz1-01--d ed H—VA 13-3, S—d ado—V— ddo—5� 1— 9 r da��a�z�a��M az��e�e,o�„ood-A,—ao,ow--MGMS—dod— a K K H i z w z °almauj aaW wU oLL wffi oLL OOMM.° U �a o w 3u ¢ =Y W r 6 Z O a{ U O o; $ U O O 3 .m° 5 U W z z mw O z n w N K m U' '.,� t""� 0 3 Z. Q v U W - 3U. 0 OwMU..II..„)f IIIH..II.SP^MG)l () II iY;')Iq) !I hfl1II Ml 9cl iNMS (3?"!''Hm)6 J z Q O o U z W W 0 w o 7 co W O U; �ryW a �3 Q r' < Q w w� 0 0 Z QQLU a ' Q 11 W - �& W `>� -o Cl) (n o a Q oQ H ou W N 0 X� w 0 00o J J - O LL o Q � Jo z _ _ .LU Q o - o - < ~ o o z wo = W 3: w z moo U "o1oo o Q 1 ' �o w � omo z C� _ ol- < w o boo z o w w ww w LL Q J zQ — � v m m LL o0 � J N ' ----- F-- / I - / Sao Q�I I wo J � w �11 o W0 o o W Holm < o a m Lz LLmm mo I o J W x MMQ _ Cl) z_x LL 1 i o 0 i w ° Q o of o m N U w� Jo w Q J - 0 xQo NlidVA—A-undo AdIz1—o1a3—d—SVA-A-3, S—d Ada---a��z� in0—5—11—9 H --z,�,a��M a,z��e�e,°�°° A,.—oAM\\a SiOdd, > N T l N a K ~ r F w N v v �� �, � a w u.- 0omU i' 0 z$ b a a a U a�W / // W U of affi o� Za N 3° ¢ i Y a OF , � W o" a$ � 3 �Ca 6 uwz �3 ~� 0 0 W i OC U Z Z mw o z. m 0 ra .� O 3 z U ti 0 II_ 3 Q ddw"�d;:�N..II.'„"��"II�:�...sp^Ma)l () II iY;')Iq) !I hfl1II M89cl iNOM90 ?"!UM o lo �r 1 0l �l Q o a Q I w wv z Q w a J w b _ ow Cl) Z Cl)O O � �Wo 0 wmrr Q N" z =wm w Q ww Q J 0 � rl'wo o BuIIIIIIVuuui U Q Q muuo w<oo a Q o Q lo u'iif I' lu z r w Q a oo EL oo Iti� a o O � I�a N—w--N—G wdzz1-1--d—d—VA—D3,e——d A-01—el/E S�s o , sx 9 de��a,�z,�,a� M a,z� e�e,o ood-R,.oj—MGMS—PO-A M O > O _0 N $ Z F w N � �Ail � O �� o w NQ�m9 U a�W / / wU om 3ffi o� ono m O m C' 3 U ¢ �1 Q a5 O� /�r�r u O zo a$ O�'.0 w N o 3 �WZ zNwo . � w K m(� �' r„<r r� O 3 a=O m Z. U 0 3 (n OwMU..II..„)fIIIH..II.SP^MG)l ():II iY;')lq) !I hfl1II M89cl iNmsaa?"!'''Hmo6 m o uz w 1, U � as o , 8 o� a r K1 oz 1. 110 o o � o ' Z LU W N U a z d o z w Q Z w ',, <o W - z W G LU w O 0 LU z I.J. U �N wpwo N O 10 Q U10o O F ry� m EN W W Q W z Z(=/J u LU o o r Q w ood`, O O LU 0 0 LU Ooaw ui w ui uuuuuuuuuumuuummllll I � � �4 0 LU LU 0 0 0 z Oi i r aez �w o0 ww �w0 0 <p Q O o w W O wlu o LL N�Z oN ww o N 0 Q o z rw H �LL w U z U a x w O w z y�� il�Iyil I'�III�I��I b o / U z w w w F o z _I o w � o N—A s-A 9—G wdz 1— G----S—A.3,11 —d —S bw ilo a eP 9 r de��a�z�a� M az� e�e,o rood-R,.o,--MGMS—PO-A T o �/ 8 ~ J ' N u.'o r N " v a� �KH 'N w i " e — Ozz m H //// ' m$ a o - W 3 Q H �a LLm9 U zw G a�w ' i wU of 3ffi o� ao Doc m O3 Ya W Fz a8 aQ� w 3 Cc 00K� Z o, o w J m N >. sad 3 3 m U W - fil'AOM..IL.C)FIIH..ILSP^MG)l O II WPM IlI...UWH9cl PAlMS9(3/"!'V9) Z O LLU N W (n W / � � o� O 1 za Z a�m= W o� lo z Q a Z Q w a Z m W F u=iU W W .. Q o �w �w o �W J Q - W W o Q z `lill14; l z Q lo w Q m .1a N z W w =LL LU � Q LU �� F z 0 0 �o 11 o Z a C'U�� z p QZo_ %e r W W C/) Cc)1,011j,= a O now N 0 Z N LL o� Ll w z %/iii 0 o cc c a > l z it a a w w N o w m o U w U z Z d w xNx d N W � r 2 wmvw—A ne 1—1 as—d a,e--d we R 1 zm 01 G—S —i.-al A,—-®mM Siw Odd\A Exhibit B UNIT PRICE SHEET 2605 J H W O O O O O O O O O O O O 00 LU ry 0 w O O O O 00 co LO O (N O O 00 O(Y) z w a 0 o L LO o G M 'ITM o LO o o cm O Z � � � � � CY)N N � � � � � J 6c3 Q3 Q3 C) iL-jL—j"L—jL]L]L—jL—jL—jL—jL—jL—j W L O LU 0 O O O O O O O O OO (If ♦..� U O O O O O O O O O O O MZ OO O 0 ~m� co N z a O O O O IT-- O O O O O coO Co O O 0') O 00 > > > Ef3 N N N O L(�; Ef N ca W o- n F O L Cn Cn Cn Cn Cn z z z Cn Cn Cn Cn 0 ? J J J J J Cn J J J J 0 D LO LO LO J L w a31VWIlS3 c6 � � H 0 W 70 U) wD W O Q = — � 0 -- C) cl) -0 (U 0) m J z D " 0) > �w - ai O >,N L� n Z) w 0 LL � aL- ` �Q O n o O0 w L Q O 0 Q � M m MMO U U- O O � _ _ W Q O O M n -0 0- � U- U O L O c� Fn �- L s= Of O � �� O U 0 w LJ.I 0 C � m o p 70 .., LL W ��// N (DO p O > E X L (6 Q QQ a o s= o — E U O c6 s= •_ p 2 2 � U � in ii C� Q in U 0 O aO LU Z a m D m o z 0-4 r N (Y) � LO C.O I` 00 CA O0 N � L = W O N U �- � U cn 2606 Exhibit C GENERAL & TECHNICAL CONDITIONS 2607 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL EXHIBIT C - GENERAL REQUIREMENTS Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 00990 Special Conditions Section 01010 Summary of Work Section 01015 Contractor's Use of the Premises Section 0#1027 Application for Payment Section 01030 Alternates Section 0#1040 Project Coordination Section 01045 Cutting and Patching Section 0#1050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily'Construction Reports Section 01395 Request for Information — (RFI) Section 01400 Quality Control Section 0#1410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 0#1500 Temporary Facilities Section 01520 Construction Aids Section 0#1550 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 0#1640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740, Warranties GENERAL REQUIREMENTS Page 1 of 133 2608 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Section 00750 General Conditions of the Contract for Construction Table of Articles 1 . General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11 . Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract GENERAL REQUIREMENTS Page 2 of 133 2609 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00750 -GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Contractor's proposal and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by WSP/Engineer. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Engineer and Contractor, (2) between Sustainability Manager and Contractor, (3) between the WSP/Engineer and Sustainability Manager, (4) between the Owner and a Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Sustainability Manager and WSP/Engineer. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Sustainability Manager. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. GENERAL CONDITIONS OF CONTRACT 00750-Page 3 of 133 2610 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Engineer's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the WSP/Engineer are instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the WSP/Engineer. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to WSP/Engineer on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from WSP/Engineer at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11"x 17" drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation GENERAL CONDITIONS OF CONTRACT 00750-Page 4 of 133 2611 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and"an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 Not applicable 2.2.3 Not applicable 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Contractor through Sustainability Manager and may contemporaneously provide the same communications to the Engineer. 2.2.7 The foregoing is in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Sustainability Manager's and Engineer's and their respective consultants' additional services and expenses made necessary by such GENERAL CONDITIONS OF CONTRACT 00750-Page 5 of 133 2612 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL default, neglect or failure. If payments then, or thereafter, due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean- up issues, Owner has right to provide a minimum of 24 hours' notice. In the event of safety issues determined to be of a serious nature, as determined by WSP/Engineer, notice will be given, and contractor is required to rectify deficiency immediately. 3.0 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Sustainability Manager, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to WSP/Engineer errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Sustainability Manager or WSP/Engineer for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to WSP/Engineer. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to WSP/Engineer, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to WSP/Engineer at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of WSP/Engineer as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Sustainability Manager or WSP/Engineer GENERAL CONDITIONS OF CONTRACT 00750-Page 6 of 133 2613 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by WSP/Engineer, the Contractor will remove and/or replace the employee at the request of WSP/Engineer. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with WSP/Engineer, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Sustainability Manager and WSP/Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by WSP/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes GENERAL CONDITIONS OF CONTRACT 00750-Page 7 of 133 2614 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received, or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The County and/or the Engineer/WSP has applied for the applicable environmental and County permits. However, the Contractor shall secure and pay for licenses, inspections, testing, and surveys required by Federal, State, or Municipal entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Sustainability Manager, WSP/Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Sustainability Manager, WSP/Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 Not applicable 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to WSP/Engineer and shall not be changed except with the consent of WSP/Engineer, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and WSP/Engineer's information and Sustainability Manager's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within five (5) days after Notice to Proceed, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to Sustainability Manager's approval. 3.10.2 The Contractor shall cooperate with WSP/Engineer in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. GENERAL CONDITIONS OF CONTRACT 00750-Page 8 of 133 2615 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 3.10.4 The Contractor shall conform to the most recent schedules. 3.10.5 WSP/Engineer will schedule and conduct a project meeting at a minimum of one meeting per week in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Sustainability Manager and WSP/Engineer and shall be delivered to WSP/Engineer for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by WSP/Engineer is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to WSP/Engineer, in accordance with the schedule and sequence approved by Sustainability Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with WSP/Engineer in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by WSP/Engineer. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by WSP/Engineer approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Sustainability Manager and GENERAL CONDITIONS OF CONTRACT 00750-Page 9 of 133 2616 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL WSP/Engineer in writing of such deviation at the time of submittal and WSP/Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by WSP/Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Sustainability Manager and WSP/Engineer on previous submittals. 3.12.10 Informational submittals upon which WSP/Engineer are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, WSP/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to WSP/Engineer for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, WSP/Engineer before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of WSP/Engineer, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of Sustainability Manager shall also be required. The Contractor shall not unreasonably withhold from WSP/Engineer or any separate contractor his consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up GENERAL CONDITIONS OF CONTRACT 00750-Page 10 of 133 2617 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or WSP/Engineer. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, WSP/Engineer may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Sustainability Manager and WSP/Engineer access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Sustainability Manager and WSP/Engineer harmless from loss on account thereof but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the WSP/Engineer and Sustainability Manager. 3.18 Indemnification and Hold Harmless 3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage,fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and GENERAL CONDITIONS OF CONTRACT 00750-Page 11 of 133 2618 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 4.0 ADMINISTRATION OF THE CONTACT 4.1 WSP/Engineer 4.1.1 The WSP/Engineer is the person lawfully licensed to practice engineering or any entity lawfully practicing engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. 4.2 Sustainability Manager 4.2.1 Sustainability Manager is the person identified as such in the Agreement and is referred to throughout the Contract Documents. The term "Sustainability Manager" means Monroe County Sustainability Program Manager or Sustainability Manager's authorized representative. 4.3 Duties, responsibilities and limitations of authority of Sustainability Manager and WSP/Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Sustainability Manager, Engineer and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Engineer, the Owner shall appoint an Engineer whose status under the Contract Documents shall be that of the former Architect/Engineer. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 Sustainability Manager and WSP/Engineer will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Sustainability Manager and WSP/Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 WSP/Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 WSP/Engineer will provide for coordination of the activities of other Contractors and of the Owner's own forces, if any, with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors or subcontractors and WSP/Engineer Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, WSP/Engineer and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 WSP/Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, GENERAL CONDITIONS OF CONTRACT 00750-Page 12 of 133 2619 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL will be in accordance with the Contract Documents. However, WSP or Sustainability Manager will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations of WSP/Engineer, WSP will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 Sustainability Manager and WSP/Engineer will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither Sustainability Manager nor WSP/Engineer will have control over, or charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through Sustainability Manager, and shall contemporaneously provide the same communications to the WSP/Engineer. Communications by and with the Engineer's consultants shall be through the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Sustainability Manager and shall be contemporaneously provided to the WSP/Engineer. 4.6.8 WSP/Engineer will review and certify all Applications for Payment by the Contractor, including final payment. WSP/Engineer will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by Sustainability Manager. 4.6.9 Based on WSP/Engineer's observations and evaluations of Contractors' Applications for Payment, WSP/Engineer will certify the amounts due the Contractors and will issue a Project Approval for Payment. 4.6.10 WSP/Engineer will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying Sustainability Manager. Subject to review, Sustainability Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever WSP/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, WSP/Engineer have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Sustainability Manager will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of WSP/Engineer. However, neither WSP/Engineer's nor Sustainability Manager's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of WSP/Engineer or Sustainability Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. GENERAL CONDITIONS OF CONTRACT 00750-Page 13 of 133 2620 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 4.6.11 WSP/Engineer will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. WSP/Engineer's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 WSP/Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. WSP/Engineer's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Sustainability Manager, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. WSP/Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. WSP/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by WSP/Engineer, of any construction means, methods, techniques, sequences or procedures. WSP/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Sustainability Manager will prepare Change Orders and Construction Change Directives, in consultation with WSP/Engineer. 4.6.14 Following consultation with WSP/Engineer, Sustainability Manager will take appropriate action on Change Orders or Construction Change Directives. 4.6.16 The Contractor will assist WSP/Engineer in conducting inspections to determine the dates of Substantial completion and final completion and will receive and forward to WSP/Engineer written warranties and related documents required by the Contract and assembled by the Contractor. WSP/Engineer will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 WSP/Engineer will provide one or more project representatives to assist in carrying out their responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an Exhibit to be incorporated in the Contract Documents. 4.6.18 WSP/Engineer will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Contractor. WSP/Engineer's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of Engineer shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by Engineer to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of Sustainability Manager will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, Sustainability Manager will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. GENERAL CONDITIONS OF CONTRACT 00750-Page 14 of 133 2621 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 4.6.20 Sustainability Manager's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor and Sustainability Manager shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 161h Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. Sustainability Manager will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from Sustainability Manager, (2) a written order for a minor change in the Work issued by WSP/Engineer, (3) failure of payment by GENERAL CONDITIONS OF CONTRACT 00750-Page 15 of 133 2622 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Sustainability Manager for review by the Owner and Sustainability Manager the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Sustainability Manager will promptly reply to the Contractor in writing stating whether or not the Owner or Sustainability Manager, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Sustainability Manager to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Sustainability Manager has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or Sustainability Manager has made reasonable objection. 5.2.3 If the Owner or Sustainability Manager refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the GENERAL CONDITIONS OF CONTRACT 00750-Page 16 of 133 2623 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Sustainability Manager makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner or Sustainability Manager. Each subcontract agreement shall preserve and protect the rights of the Owner or Sustainability Manager under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. i. If the work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Sustainability Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Sustainability Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. GENERAL CONDITIONS OF CONTRACT 00750-Page 17 of 133 2624 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Sustainability Manager shall be held harmless for any and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces and other contractors' reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to be completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify Sustainability Manager in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Sustainability Manager within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Sustainability Manager for an increase in the Contract price, nor a claim against the Owner or Sustainability Manager for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up GENERAL CONDITIONS OF CONTRACT 00750-Page 18 of 133 2625 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Sustainability Manager determines to be just. 7.0 CHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Sustainability Manager, WSP/Engineer and Contractor; a Construction Change Directive requires agreement by the Owner and Sustainability Manager and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by WSP/Contractor alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A change Order is a written instrument prepared by WSP/Engineer and signed by the Owner, Sustainability Manager and Contractor stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. GENERAL CONDITIONS OF CONTRACT 00750-Page 19 of 133 2626 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Sustainability Manager is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Sustainability Manager. The daily force account forms shall identify Contractor and /or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Sustainability Manager representative no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Sustainability Manager with all supporting documentation required by Sustainability Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Sustainability Manager. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Sustainability Manager. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work(other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); 2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); 3. If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Sustainability Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Sustainability Manager such as GENERAL CONDITIONS OF CONTRACT 00750-Page 20 of 133 2627 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL certified quotations or invoices shall be provided by the Contractor to Sustainability Manager at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by WSP/Engineer, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Sustainability Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to Sustainability Manager for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.3 Authority 7.3.1 WSP/Engineer will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be affected by written order issued through WSP/Engineer and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by Sustainability Manager in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner/Sustainability Manager shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor. 8.2 Progress and Completion GENERAL CONDITIONS OF CONTRACT 00750-Page 21 of 133 2628 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Sustainability Manager, or the WSP/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Sustainability Manager, or by any other cause which Sustainability Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Sustainability Manager may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Sustainability Manager not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to WSP/Engineer, a schedule of values allocated to various portions of the Work, prepared in such GENERAL CONDITIONS OF CONTRACT 00750-Page 22 of 133 2629 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL form and supported by such data to substantiate its accuracy as WSP/Engineer may require. This schedule, unless objected to by Sustainability Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment,the Contractor shall submit to WSP/Engineer an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Sustainability Manager may require, such as copies of requisitions from Subcontractors and material suppliers and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 WSP/Engineer will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the WSP/Engineer's receipt of the Project Application for Payment, WSP/Engineer will either recommend approval to the Sustainability Manager for the Application for Payment, GENERAL CONDITIONS OF CONTRACT 00750-Page 23 of 133 2630 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL with a copy to the Contractor, for such amount as WSP/Engineer recommends to the Sustainability Manager is properly due, or notify the Contractor in writing of WSP/Engineer's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by WSP/Engineer to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of WSP/Engineer's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by WSP/Engineer. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that WSP/Engineer has(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 WSP/Engineer may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and WSP/Engineer cannot agree on a revised amount, WSP/Engineer shall process the Application for the amount it deems appropriate. WSP/Engineer may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to WSP/Engineer, Sustainability Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Sustainability Manager. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After WSP/Engineer has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify WSP/Engineer. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, GENERAL CONDITIONS OF CONTRACT 00750-Page 24 of 133 2631 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by WSP/Engineer and Sustainability Manager to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 WSP/Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner and Sustainability Manager on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Sustainability Manager shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Sustainability Manager to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion GENERAL CONDITIONS OF CONTRACT 00750-Page 25 of 133 2632 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and WSP/Engineer shall jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, WSP/Engineer will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by WSP/Engineer. The Contractor shall then submit a request for another inspection by WSP/Engineer, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, WSP/Engineer will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by WSP/Engineer and Sustainability Manager, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and WSP/Engineer shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Sustainability Manager. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Sustainability Manager, WSP/Engineer and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. GENERAL CONDITIONS OF CONTRACT 00750-Page 26 of 133 2633 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to WSP/Engineer a written Notice that the Work is ready for final inspection and acceptance and shall also forward to WSP/Engineer a final Contractor's Application for Payment. Upon receipt, WSP/Engineer will promptly make such inspection. When WSP/Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, WSP/Engineer will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. WSP/Engineer's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to WSP/Engineer and Sustainability Manager(1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD of all the following but not limited to: A .Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. GENERAL CONDITIONS OF CONTRACT 00750-Page 27 of 133 2634 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or Sustainability Manager that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to WSP/Engineer for review, approval and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Sustainability Manager and WSP/Engineer in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to WSP/Engineer and Sustainability Manager in writing. The Owner, Contractor and Sustainability Manager shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event GENERAL CONDITIONS OF CONTRACT 00750-Page 28 of 133 2635 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, WSP/Engineer and Sustainability Manager the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, WSP/Engineer and Sustainability Manager will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, WSP/Engineer or Sustainability Manager has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, WSP/Engineer and Sustainability Manager have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Sustainability Manager or WSP/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's GENERAL CONDITIONS OF CONTRACT 00750-Page 29 of 133 2636 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL superintendent unless otherwise designated by the Contractor in writing to the Owner, WSP/Engineer or Sustainability Manager. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970 for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Sustainability Manager as satisfactory evidence of the required insurance, either: Certificate of Insurance Or A certified copy of the actual insurance policy GENERAL CONDITIONS OF CONTRACT 00750-Page 30 of 133 2637 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: Not Required 11.3 Public Construction Bond 11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of this Contract. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to WSP/Engineer's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by WSP/Engineer, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which WSP/Engineer has not specifically requested to observe prior to its being covered, WSP/Engineer may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by WSP/Engineer or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for WSP/Engineer's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under GENERAL CONDITIONS OF CONTRACT 00750-Page 31 of 133 2638 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from WSP/Engineer, the Owner may remove it and store the salvageable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for WSP/Engineer's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be affected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law GENERAL CONDITIONS OF CONTRACT 00750-Page 32 of 133 2639 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Sustainability Manager(as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Sustainability Manager. 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: For Owner: Chief Resilience Officer County Administrator 102050 Overseas Highway, Ste. 246 1100 Simonton St., Ste. 2-205 Key Largo, FL 33037 Key West, FL 33040 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Sustainability Manager, WSP/Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall GENERAL CONDITIONS OF CONTRACT 00750-Page 33 of 133 2640 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give WSP/Engineer timely notice of when and where tests and inspections are to be made so WSP/Engineer may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If WSP/Engineer, Sustainability Manager, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, WSP/Engineer will, upon written authorization from the Sustainability Manager or Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to WSP/Engineer of when and where tests and inspections are to be made so WSP/Engineer may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for WSP/Engineer's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to WSP/Engineer. 13.5.5 If WSP/Engineer is to observe tests, inspections or approvals required by the Contract Documents, WSP/Engineer will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. GENERAL CONDITIONS OF CONTRACT 00750-Page 34 of 133 2641 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 14.1.2 When any of the above reasons exist, the Owner, after consultation with WSP/Engineer, and upon certification by Sustainability Manager that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to +era suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 This contract may be terminated for convenience by the Owner upon ten (10) days written notice to contractor delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. Contractor shall cease work as directed. In such case, Contractor shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work which has not been performed. GENERAL CONDITIONS OF CONTRACT 00750-Page 35 of 133 2642 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00970 -PROJECT SAFETY AND HEALTH PLAN REGULATIONS AND POLICIES A. Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3) The Contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the Contracting Officer to render a decision. No waiver or variance will be approved if it endangers any person. The Contractor shall not proceed under any requested revision of provision until the Contracting Officer has given written approval. The Contractor is to hold and save harmless Monroe county Florida free from any claims or causes of action whatsoever resulting from the Contractor or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: U.S. Government Printing Office Bookstore 710 North Capitol Street N.W. Washington, DC http://www.gpo.gov/about/bookstore.htm GENERAL CONTRACTOR REQUIREMENTS SAFETY PROGRAM Each Contractor and sub-contractor are to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The Contractor is to submit in writing a proposed comprehensive site specific safety program for approval to the Contracting Officer for Monroe County before the start of construction operations. The program is to specifically state what provisions the Contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The PROJECT SAFETY AND HEALTH PLAN 00970-Page 36 of 133 2643 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1.2 PRECONSTRUCTION SAFETY MEETING Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.3 JOINT SAFETY POLICY COMMITTEE The Contractor or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee with WSP/Engineer and Contractor supervisory personnel. At these meetings the Contractor's project manager and the Contracting Officer will review the effectiveness of the Contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work. 1.4 SAFETY PERSONNEL Each Contractor is to designate a competent supervisory employee satisfactory to the Contracting Officer to administer the safety program. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 1.5 SAFETY MEETINGS A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.6 SAFETY INSPECTION The Contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies. PROJECT SAFETY AND HEALTH PLAN 00970-Page 37 of 133 2644 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed duration of three hours. In summary, there will be a three-part clean-up plan. 1. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. 2. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of one (1) crew is to be utilized by each contractor, or 10%, whichever is more. 3. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be back charged. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.7 FIRST AID TRAINING Every Contractor foreman's work crew must include an employee who has a current first aid certificate from the, American Red Cross, or other Monroe County-approved organization. 1.8 REPORTS PROJECT SAFETY AND HEALTH PLAN 00970-Page 38 of 133 2645 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the Contracting Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Contractor is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to investigation of an accident. 1.9 CERTIFICATION OF INSURANCE Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance required under the contract. 2.0 FIRST AID AND MEDICAL FACILITIES 2.1 FIRST AID KITS A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well- identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the Contractor to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.1 COMMUNICATION AND TRANSPORTATION Prior to the start of work, the Contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. 2.2 FIRST AID AND MEDICAL REPORTS The Contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include-- (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses; PROJECT SAFETY AND HEALTH PLAN 00970-Page 39 of 133 2646 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL (b) Cumulative record of injury for each individual; (c) Monthly statistical records of occupational injuries classified by type and nature of injury; and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.3 EMERGENCY LISTING A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES: 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. No personal radios or stereos will be allowed on the job-site. 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The Contractor is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT: 4.1 HARDHAT AREAS PROJECT SAFETY AND HEALTH PLAN 00970-Page 40 of 133 2647 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Contractor shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Contractor at entries to shops, construction yards, and job access points. 4.3 SAFETY GOGGLES (DRILLERS) 4.3.1 DRILLERS AND HELPERS. Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT: 5.1 SAFE CONDITION Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators. 5.2 TAGGING AND LOCKING The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure are to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE The Contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. PROJECT SAFETY AND HEALTH PLAN 00970-Page 41 of 133 2648 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 5.3.2 SINGLE-LANE HAUL ROADS Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one- half the minimum sight distance. 5.3.5 OPERATORS. Machinery and mechanized equipment shall be operated only by authorized qualified persons. 5.3.6 RIDING ON EQUIPMENT Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers. 5.3.7 GETTING ON OR OFF EQUIPMENT Getting on or off equipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4.1 PERFORMANCE TEST Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the Contracting Officer. Test data shall be recorded, and a copy furnished the Contracting Officer. PROJECT SAFETY AND HEALTH PLAN 00970-Page 42 of 133 2649 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 5.4.2 PERFORMANCE TEST—POWER CRANES (Crawler mounted, truck mounted, and wheel mounted) The performance test is to be carried out as per ANSI requirements. The test is to consist of raising, lowering, and braking the load and rotating the test load through 3600 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case. 5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order. 5.4.5 CRANE TEST CERTIFICATION. The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the Contracting Officer a copy of a certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment. 5.4.7 BOOM STOPS Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 830 or less, until completely stopping the boom at not over 870 above horizontal. 5.4.8 SAFETY HOOKS Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning. 5.5.1 ROLLOVER PROTECTIVE STRUCTURES OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment. PROJECT SAFETY AND HEALTH PLAN 00970-Page 43 of 133 2650 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 5.5.2 EQUIPMENT REQUIRING ROPS The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off- highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or concrete boom truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding 75% of the crane's stability / structural capacity chart, requiring movement of a crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads requiring two (or more) hooks, work over occupied facilities or work involving encroachment on public rights of way are considered critical. These lifts must be authorized in advance. Critical crane lift plans, if authorized, may have to be reviewed by a professional engineer (the contractor shall budget the PE review within project budget). Additionally, a critical lift JHA shall be submitted with the crane lift plan. Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization — 5 days for critical and helicopter lifts. Crane Lift Plans must be based on "worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. The Crane Lift Plan must be COMPLETE along with attachments—see Section 5 for the required Attachments. All rigging devices MUST bear the name of the manufacturer and be certified as to their capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.) may be acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan but may arise due to site conditions (moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to PROJECT SAFETY AND HEALTH PLAN 00970-Page 44 of 133 2651 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan to be amended. The contractor is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. The contractor is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The contractor is responsible to obtain all information that is necessary to develop a power line safety plan. The contractor is responsible to train all personnel involved in the Assembly / Disassembly and or Crane Lift. The contractor must provide the following information along with the Crane Lift Plan: • Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger, Signal Person • Load Chart (complete with notes) • Range Chart • Dimension Illustration and Specifications for Crane • Lightning and Wind Restrictions (from operators' manual) • Area (Quadrant) of Operation Diagram • Operator's License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project. • Jurisdictional Registration, if required • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • 3rd Party Inspection Certification and Report—see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA). • Weights of Materials • Rigging Plan • Logistics Plan The contractor shall comply with the Site Specific Safety Plan. The contractor/ Crane Company/ Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Contractor, subcontractors and Monroe County. No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. PROJECT SAFETY AND HEALTH PLAN 00970-Page 45 of 133 2652 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 6.0 LADDERS AND SCAFFOLDING: 6.1 LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451 Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104 Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided. 7.0 FIRE PROTECTION A. Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to ensure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES A. It shall be the Contractor's sole and exclusive responsibility: (a) To provide personnel capable of working adjacent to energized electrical lines or other utilities (b) To provide adequate, safe and properly maintained equipment (c) To conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed PROJECT SAFETY AND HEALTH PLAN 00970-Page 46 of 133 2653 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL (d) To continuously supervise and inspect the work being performed to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or WSP/Engineer or Sustainability Manager. 9.0 BARRICADES, WARNING DEVICES AND LIGHTING A. The Contractor shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his work to comply with Federal, State and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all times. B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, WSP/Engineer, or Sustainability Manager. D. The Contractor shall provide a security fence around the area of the Work so as to prevent entry into the Work area by unauthorized personnel and the general public. The fence shall have fence post bases that eliminate the need to penetrate the ground for support. 10.0 HAZARDOUS MATERIALS 10.1 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Sustainability Manager, and WSP/Engineer in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. 10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.2 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to WSP/Engineer and Sustainability Manager in writing. The Owner, Contractor and Sustainability Manager shall then proceed in the same manner described in Subparagraph 10.1 10.1.3 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered PROJECT SAFETY AND HEALTH PLAN 00970-Page 47 of 133 2654 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, WSP/Engineer and Sustainability Manager the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, WSP/Engineer and Sustainability Manager will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, WSP/Engineer or Sustainability Manager has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, WSP/Engineer and Sustainability Manager have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Sustainability Manager or WSP/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner or Sustainability Manager. PROJECT SAFETY AND HEALTH PLAN 00970-Page 48 of 133 2655 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 11.0 EMERGENCIES 11.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7 PROJECT SAFETY AND HEALTH PLAN 00970-Page 49 of 133 2656 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00980 - CONTRACTOR QUALITY CONTROL PLAN 1.1 WSP/Engineer DUTIES AND RESPONSIBILITIES A. WSP/Engineer will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. 1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. B. The Contractor will provide a Quality Control Plan for approval and designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties, but the primary responsibility and authority will rest on him. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to WSP/Engineer. Any submittal that is at variance to the contract requirements must be identified as such and transmitted to WSP/Engineer for submittal and approval by the Owner. No work requiring submittal of a shop drawing, product data or sample shall commence until the submittal has been reviewed and approved by WSP/Engineer. D. The Contractor will bear the responsibility of scheduling all required testing and inspections by the designated material-testing laboratory, in a timely fashion, to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. E. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to ensure that the technical information provided, and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Monroe County representative WSP/Engineer on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to WSP/Engineer is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 50 of 133 2657 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1.3 INSPECTION AND TESTING A. INSPECTION PLAN Sustainability Manager utilizes a multi-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: 1. Preparatory Inspection—Prior to commencing the work, the Contractor's Quality Control Representative will meet with Sustainability Manager's representative WSP/Engineer and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: WSP/Engineer will record the minutes to this inspection meeting and distribute accordingly. 2. Initial Inspection—Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with Sustainability Manager's representative WSP/Engineer and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Conformance to contract drawings and specifications. (c) Construction methods, equipment and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Note: WSP/Engineer will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections—The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 51 of 133 2658 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to WSP/Engineer Superintendent for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.4.13 of this plan.) Note: The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. 4. Completion Inspections—Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with the Sustainability Manager representative WSP/Engineer, if he so desires to attend, to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. Note: The Contractor shall conduct and report corrections of this inspection which shall be a required submittal. 5. Follow-On Inspections—Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: WSP/Engineer will record the minutes to this inspection meeting. 6. Pre-Final Inspection—Upon substantial completion of the project work WSP/Engineer shall coordinate and conduct a universal inspection of all areas and elements of the work. The Sustainability Manager may be represented if she so desires. This inspection shall be completed at least (15) days prior to the final substantial completion inspection which shall be conducted by WSP/Engineer. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. B. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The Sustainability Manager CONTRACTOR QUALITY CONTROL PLAN 00980-Page 52 of 133 2659 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL representative WSP/Engineer will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. C. FINAL INSPECTION WSP/Engineer will coordinate and attend all final inspections of the work. The Sustainability Manager may be represented if she so desires. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 for contract closeout. 1.4 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire Sustainability Manager team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Sustainability Manager. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 53 of 133 2660 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Work activities affected by a Nonconformance Report will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of Sustainability Manager. 1.5 AUDITS A. Sustainability Manager may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 1.6 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 54 of 133 2661 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 00990 - SPECIAL CONDITIONS 1. Construction shall be conducted in such a manner as to cause the least possible interruption to normal County business. Necessary access to and from adjacent buildings and the parking area shall be provided at all times. 2. Contractor shall take all means necessary to contain dust and debris as an integral part of the work. 3. Weather intrusion and unauthorized access to the Project Site due to construction activities shall be prevented by the Contractor's careful scheduling of work, or other means satisfactory to the Owner. 4. Contractor shall coordinate construction activities as necessary to avoid security or safety concerns at the Project Site. 5. Information shown on the Drawings is assembled from numerous record information sources and may be inaccurate or incomplete. Contractor shall make such field visits or investigations as are necessary to prepare an accurate and complete bid. Claims for extra work or expense after bid closing which are due to reasonably foreseeable circumstances shall be denied and shall remain the sole risk and expense of the Contractor. Field measured dimensions shall be obtained by the Contractor prior to placing orders for fabrications or prefabricated materials. Adjustments, delays, re-fabrications, or replacement materials due to inaccurate information are the sole responsibility of the Contractor. 6. SITE SURVEY A. The Plat of Survey or other survey data are available in the Office of the Sustainability Manager for review and are for the general information of the contractor. The data contained was prepared by WSP/Engineer for the design of the project, and neither the Owner nor WSP/Engineer, nor Sustainability Manager make any representation, guarantee of warranty as to the accuracy or completeness of data indicated, expressed or implied. B. Proposers shall visit the site; make their own investigations, assumptions and conclusions as to the nature and extent of existing surface and overhead conditions affecting the work. Neither the Owner nor WSP/Engineer, nor Sustainability Manager will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful proposer based upon the survey information provided. SPECIAL CONDITIONS 00990-Page 55 of 133 2662 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01010 - SUMMARY OF THE WORK 1 Project Overview The purpose of the project is to repair the breakwater and add the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled the boulders over the breakwater, which prior to the storm was providing a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the ocean during the extreme heat of the summer that now clogs the canals, causing severe water quality problems, respiratory and health issues and environmental disaster. Repairing the breakwater and adding the air curtain and seaweed prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress and other health problems. 2 General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to Sustainability Manager prior to notice to proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 3.. If in the event of conflicting or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. SUMMARY OF THE WORK 01010-Page 56 of 133 2663 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 6. The Contractor shall not store materials, tools or debris in areas of the project site without written permission. Contractor shall provide suitable storage container and be responsible for disposal off-site of all debris and trash. 7. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited 8AM -6PM work hours. Contractor will need to schedule work shifts typically from 8AM- 6PM weekly. Any change to agreed upon schedule must be obtained in writing with a minimum of 72 hrs. advanced notice. 8. Coordination of each day's works shall be done in advance with approval from County. 1.2 PROTECTION: A. The Contractor shall use every available precaution to provide for the safety of property owner, visitors to the site, and all connected with the work under the Contract. B. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. C. Barricades shall be erected to fence off all construction areas from operations personnel and the general public. Fence posts shall have bases that eliminate the need to penetrate the ground for support. D. Safety Requirements 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. Comply with federal, state and local and owner fire and safety requirements. 3. Advise owner whenever work is expected to be hazardous to owner employees and/or operations. 4. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 1.3 HOUSEKEEPING: SUMMARY OF THE WORK 01010-Page 57 of 133 2664 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1. Keep materials neat and orderly. 2. Remove scrap, waste and debris from project area daily. 3. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. 4. Maintain Fire protection during construction 5. Housekeeping required on a daily basis SUMMARY OF THE WORK 01010-Page 58 of 133 2665 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01015 - CONTRACTOR'S USE OF PREMISES PART 1 —GENERAL 1.1 DESCRIPTION A. Work included: This Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. Related work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Promptly upon award of the Contract, notify all pertinent personnel regarding requirements of this Section. Require all personnel who will enter upon the Owner's property certify their awareness of and familiarity with requirements of this Section. 1.3 SUBMITTALS Maintain an accurate record of names and identification of all persons entering upon Owner's property in connection with Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to Owner daily. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as "Contractor's Parking Area." 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. CONTRACTOR'S USE OF PREMISES 01015-Page 59 of 133 2666 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01027 -APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's Construction Schedule, Schedule of Values, and the initial Submittal Schedule have been received, reviewed and approved by Sustainability Manager. B. Submit an updated Construction Schedule and Submittal Schedule and a Partial Release of Lien with each Application for Payment. C. Payment shall be made according to the Local Government Prompt Payment Act, Sec. 218.70 et seq. Florida Statutes. D. Monroe County makes every effort to meet the payment schedule. It is requested that the contractor not make any calls to any County office inquiring about payment until the twentieth (201h) day after submission of the pay request. 4. MONTHLY PAY REQUEST PROCEDURE A. WSP/Engineer to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts are current. 5. FINAL PAY PROCEDURE A. To help expedite the final payment, it is necessary for WSP/Engineer to have a correct and complete package of documents 20 days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for Sustainability Manager to obtain necessary signatures and submit project for Final Payment. Contractor shall submit all required forms and releases to WSP/Engineer. The following documents (samples attached) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens APPLICATION FOR PAYMENT 01027-Page 60 of 133 2667 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL (6) Final Release of Lien Also, all warranties and guarantees required by Contract, "As-Built" drawings, including red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted prior to final payment in both bound paper and electronic PDF form on CD/DVD. C. It is the Contractor's responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by Monroe County Sustainability Manager. Final Pay Request must be submitted no later than 30 days after final project completion and acceptance. 6. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number and description. APPLICATION FOR PAYMENT 01027-Page 61 of 133 2668 cfl cfl N W °- (1) u) Lod m O U m O O (6 O ry z � C) a o �n-0 0c jm0.�U N 0 m m.0 0 _C O N (LO Uo- s M c o� Ln W � ou�'im o3 c Nco o � mmE o " E O o0 0 m E ca m E N Q Q a) m N m O-00 m m C O L V1... V1 Q C m d a) m O C O C OU(UL6 n � �.3 �a) E 0 ° �>a , � Z CNYD o0 0m m O O W OwN wN 0 .- - C Q O N O QcG = C m'O W oCL Um m o M NUa:3 Z ° O- 0<- UO -00 C o a oc EW-a -EQ ooa a � a I a) ON� m O DC.0CC om p 0a�sc E U. Uo mn 0 E a)Y -' 3 f- w (6 ° 0 p m U O -C O O M J N o f m U a� 3 a� a� Q Q oQcm< °rnao om3o M_ C) U3m'3-.ocam O w (D �LaiNc� ° �6 �Y0E o O = Z o C 0 o 01 oW c U v@ U N o N co Cl) a) C C (C6 C U (C6 U '0 j � rnu)Z- a 11 0 � o � � - Up v n 'I) c6 w v.5 �- U m w a�.o m n a � Z Qc O C) rn - z_ � Qo aci o 0 > 0 ti WJ L7 mE �m T) E > ° ° U ' a) LoE� m NO Z 0cnc -cmc E � z > m cw0 m > o W w Uw o-a) H c m QQ w m 0 F- U a m in U z U H � z RO T Q m °- L O W W > 2 Q F W Z Q 06 06 W n w L ry H O Y z L` °' W Y L Q o U L ry Z U O m a m Q m O O 0 o N o a 0 c c E U ~ U m O ° ° a) o c E O 15 m U E o o m LL ry m > H � LO o va) � LL ^i o j cn . ry a o o E > U c w m f 0 (J�N c=n Q LL a C) a C) 0 z 0 � -i ci m r in o Q C) � � > CN w 2 uu � og� O _ zw( U §±) b LL a\ r 2 O w _ }026 w C 3 < O CL ry n J 2 ~« 2 7-5 > ge O .. �GLL ƒ § \ o 0W0 + k 2 / 22ƒ� o z i /\ \ < i °° T- « � © o 22 O / ƒ )/g0 2 � < m3ac @ umoz 2 2i0�\ cu C14 7-5 C) LL § m m w u E m = m � ( / 2 w ry & ( ƒ Em c ) /§ 4 ° »®E E w ® _ ® /) + k 3 ( /ƒE < / \ \ a« m « \ J k CL c < 0 o jj c = c ƒ W LL A $± ƒ ui C: b \ \ o < ® \ ] } \ a z L) ( ƒ w -C w 0_ ® ` � « ry F- O '\jf / _ \ Q cc ." m —0 0 2 \ �L \ ) z co ry « z m 5; 0 k U Q $ � .0 j / } « i d (I O � I3 = c ez r C Q / £ / f ƒ ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: INITIATION DATE: TO CONTRACTOR: CONTRACT DATE: The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Net change by previously authorized Change Orders...................................................$ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is......$ The Contract Time will be (increased) (decreased) (unchanged) by.................................. The date of Substantial Completion as of the date of this Change Order is......................... Detailed description of change order and justification: This change Order is % of the original contract price. Not valid until signed by Owner, Architect (if applicable), and Contractor ENGINEER: Date CONTRACTOR: Date SUSTAINABILITY PROGRAM MANAGER: Date COUNTY/DEPUTY ADMINISTRATOR Date APPLICATION FOR PAYMENT 01027-Page 64 of 133 2671 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If Yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project engineer approves the change order. Yes ❑ No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: APPLICATION FOR PAYMENT 01027-Page 65 of 133 2672 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Project Managers best knowledge, information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. INSPECTOR BY DATE (if used) The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time),on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be as follows: Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. APPLICATION FOR PAYMENT 01027-Page 66 of 133 2673 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of: County of: The undersigned,pursuant to Article 9 of the General Conditions of the Contract for Construction,hereby certifies that,except as listed below,he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,for all work,labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY,may be used for this purpose. Indicate attachment: yes( ) no ( ) Address: The following supporting documents should be attached hereto: By: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from day of 120 Subcontractors and material and equipment suppliers,to the extent required by the Owner, accompanied by a list thereof. Notary Public: 3. Contractor's Affidavit or Release of Liens. My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 67 of 133 2674 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATED: PROJECT: (Name and address) State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED CONTRACTOR: HERETO: (Name and address) 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. By: 2. Separate Releases or Waivers of Liens from (Signature of authorized representative) Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. (Printed Name and Title) Subscribed and sworn to before me this date: Notary Public: (SEAL) My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 68 of 133 2675 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of: thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS day of 20 Witness Name of Company Witness Signature, Title Notary Public My commission expires: APPLICATION FOR PAYMENT 01027-Page 69 of 133 2676 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non-payment: (If none, write "NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20 Witness Name of Company Witness Signature, Title APPLICATION FOR PAYMENT 01027-Page 70 of 133 2677 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01030 -ALTERNATES PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for Alternates. B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal Form for certain construction activities defined in the Proposal Requirements that may be added to or deducted from Base Proposal amount if the Owner decides to accept a corresponding change in either the installation or methods described in Contract Documents. C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that Work affected by each accepted Alternate is complete and fully integrated into the project. D. Notification: Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of each Alternate. Indicate whether Alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to Alternates. 1. Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. ALTERNATES 01030-Page 71 of 133 2678 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01040 - PROJECT COORDINATION PART I — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Contractor necessary for Project coordination including, but not necessarily limited to: 1. Coordination 2. Administrative and supervisory personnel 3. General installation provisions 4. Cleaning and protection B. Field engineering is included in Section 01050 "Field Engineering". C. Progress meetings, coordination meetings and pre-installation conferences are included in Section 01200 "Project Meetings". D. Requirements for the Contractor's Construction Schedule are included in Section 01301 "Submittals". 1.3 COORDINATION A. Coordination: Coordinate construction activities included under various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Where necessary, prepare memoranda for distribution to each party involved outlining special procedures required for coordination. Include items as required notices, reports, and attendance at meetings. PROJECT COORDINATION 01040-Page 72 of 133 2679 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1. Prepare similar memoranda for the Owner and separate Contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules 2. Installation and removal of temporary facilities 3. Delivery and processing of submittals 4. Progress meetings 5. Project Close-out activities D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. Refer to other sections for disposition of salvaged materials that are designated as Owner's property. 1.4 SUBMITTALS A. Coordination Drawings: Prepare and submit coordination Drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components. 1. Show the interrelationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 01301 "Submittals". B. Staff Names: Within 3 calendar days of Notice to Proceed, submit a list of the Contractor's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and at each temporary telephone. PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. PROJECT COORDINATION 01040-Page 73 of 133 2680 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to Engineer for final decision. Recheck measurements and dimensions, before starting each installation. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to Engineer for final decision. 3.1 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: PROJECT COORDINATION 01040-Page 74 of 133 2681 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL LIMITING EXPOSURES 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 3. Excessively high or low temperatures 4. Thermal shock 5. Excessively high or low humidity 6. Air contamination or pollution 7. Water 8. Solvents 9. Chemicals 10. Light 11. Radiation 12. Puncture 13. Abrasion 14. Heavy traffic 15. Soiling, staining and corrosion 16. Bacteria 17. Rodent and insect infestation 18. Combustion 19. Electrical current 20. High speed operation 21. Improper lubrication 22. Unusual wear or other misuse 23. Contract between incompatible materials 24. Destructive testing 25. Misalignment 26. Excessive weathering 27. Unprotected storage 28. Improper shipping or handling 29. Theft 30. Vandalism PROJECT COORDINATION 01040-Page 75 of 133 2682 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01050 - FIELD ENGINEERING PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Contractor for field-engineering services including, but not limited to, the following: 1. Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting Project record surveys. 3. Division 1 Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner-accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of"Submittals" and "Project Closeout" Sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land surveyor registered in the state where the Project is located, to perform required land-surveying services. B. Engineer Qualifications: Engage an engineer of the discipline required, licensed in the state where the Project is located, to perform required engineering services. PART 2 - PRODUCTS (Not Applicable) FIELD ENGINEERING 01050-Page 76 of 133 2683 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line corner stakes. B. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. 2. Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. C. Establish and maintain a minimum of 2 permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. 2. As construction proceeds, check every major element for line, level, and plumb. B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log available for reference. 1. Record deviations from required lines and levels and advise WSP/Engineer when deviations that exceed indicated or recognized tolerances are FIELD ENGINEERING 01050-Page 77 of 133 2684 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. FIELD ENGINEERING 01050-Page 78 of 133 2685 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Project meetings 2. WSP/ENGINEER'S RESPONSIBILITY A. WSP/Engineer shall schedule and administer pre-construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To Monroe County staff as needed. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Engineer and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. PRE-CONSTRUCTION MEETING A. Location: A central site designated by WSP/Engineer. B. Attendance: 1. Monroe County Sustainability Manager designee. 2. WSP/Engineer and his professional consultants (as required). 3. The Contractor's Superintendent. 4. Major subcontractors. 5. Major suppliers. 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. PROJECT MEETINGS 01200-Page 79 of 133 2686 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4. PERIODIC PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting. B. Location of the meetings: A central site designated by WSP/Engineer, typically it will be at the project site. C. Attendance: 1. Monroe County Sustainability Manager designee 2. WSP/Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. D. Suggested Agenda: 1. Distribute meeting minutes. 2. Approval of the minutes. 3. Review of Work progress since previous meeting. 4. Field observations, problems, conflicts, Requests for Information (RFI). 5. Problems which impede Construction Schedule. 6. Review of off-site fabrication, delivery schedules. 7. Corrective measures and procedures to regain projected schedule. 8. Revisions to Construction Schedule. 9. Progress, schedule, during succeeding Work period. 10. Coordination of schedules. 11. Review submittal schedules. 12. Maintenance of quality standards. 13. Pending changes, substitutions and Change Order Requests (COR). 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. PROJECT MEETINGS 01200-Page 80 of 133 2687 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 15. Other business. E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. PROJECT MEETINGS 01200-Page 81 of 133 2688 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01301 - SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Contractor shall submit to WSP/Engineer, shop drawings, product data, certifications and samples required by the technical sections. 2. The Contractor shall prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL SCHEDULE A. The Contractor shall submit within five (5) days of Notice to Proceed, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to Sustainability Manager and WSP/Engineer for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information for all required submittals on both paper and electronic PDF. 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that Sustainability Manager and WSP/Engineer should be aware of. C. The Contractor shall allow a minimum of two (2) days for review of submittal by Sustainability Manager and WSP/Engineer (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS - Not applicable SUBMITTALS 01301-Page 82 of 133 2689 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to WSP/Engineer. Submit four (4) copies of product data to WSP/Engineer. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. The contractor shall submit seven (7) sets to WSP/Engineer. WSP/Engineer will check and return five (5) copies to the Contractor after review. 1.5 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical sections, at the Project Site in a location designated by WSP/Engineer. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to WSP/Engineer and (1) will be returned to the contractor after review/return from WSP/Engineer. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationery. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Contractor shall submit one (1) original, one (1) electronic and two (2) hardcopies to WSP/Engineer. WSP/Engineer will retain two (2) sets and the balance returned to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to WSP/Engineer, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to WSP/Engineer for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to WSP/Engineer. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. SUBMITTALS 01301-Page 83 of 133 2690 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to WSP/Engineer in writing of deviations in submittals from the requirements of the Contract Documents. E. After WSP/Engineer's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with WSP/Engineer's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by WSP/Engineer's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by WSP/Engineer review of submittals unless WSP/Engineer gives written acceptance of specific deviations. 1.8 WSP/ENGINEER'S RESPONSIBILITIES A. WSP/Engineer will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. WSP/Engineer will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Record File copy and return the submittal to the Contractor, with copies to WSP/Engineer. C. WSP/Engineer will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. SUBMITTALS 01301-Page 84 of 133 2691 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01310 - PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor submission of Progress schedules 2. Contractor submission of Revisions to schedules B. Related sections: 1. Scope of work. C. Description: 1. Progress Schedules: promptly after award of the Contract and prior to proceeding with the site work, prepare and submit to Sustainability Manager and WSP/Engineer for approval, construction progress schedules for the work, with sub-schedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules, Contractor to submit format of schedule for approval by Sustainability Manager and WSP/Engineer. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. PROGRESS SCHEDULES 01310-Page 85 of 133 2692 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within five (5) days after receipt of the Contract Notice to Proceed. 1. Sustainability Manager and WSP/Engineer will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon Sustainability Manager or WSP/Engineer to notify the Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, or in any way to superintend so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness. PROGRESS SCHEDULES 01310-Page 86 of 133 2693 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01370 - SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Contractor submission of a Schedule of Values. 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to Sustainability Manager within five (5) days after Notice to Proceed. 2. No item in the Schedule of Values shall exceed $25,000.00 without prior approval from Monroe County Sustainability Manager. 3. Upon request of Sustainability Manager, revise and/or support the values with data which will substantiate their correctness. 4. The Schedule of Values forms the basis for the Contractor's Applications for Payment. 5. The Schedule of Values shall be the basis for the amount of credit to be allowed by the Contractor to the Owner as per 5.6.1 of the Contract. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated printout will be considered by Sustainability Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location 2. Architect/Engineer 3. Name and Address of the Contractor 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. SCHEDULE OF VALUES 01370-Page 87 of 133 2694 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 2. for items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials delivered and unloaded, with taxes paid. b. The total installed value. C. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by Sustainability Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. SCHEDULE OF VALUES 01370-Page 88 of 133 2695 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01385 - DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, February 14, 2008, so you would therefore use "Thursday, 2/14/08." This holds true even if you did not complete filling out the Report until Friday, 2/15/08. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, by all subcontractors, and or employees, currently working on the project. Furthermore, be sure to include any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted to WSP/Engineer at the regularly scheduled Project Meetings. Contractors are to submit the original of their report and should keep a copy for their records. WSP/Engineer or Sustainability Manger photocopying facilities are not to be used in the reproduction for submission of the reports. DAILY CONSTRUCTION REPORTS 01385-Page 89 of 133 2696 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL B. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: DAILY CONSTRUCTION REPORTS 01385-Page 90 of 133 2697 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01395 - REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification to WSP/Engineer and Sustainability Manager in the event errors, field conflicts, and omissions are found in the Contract Documents or clarifications are necessary. 2. Utilization of(RFI) form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION A. All errors,field conflicts, and omissions in the Contract Documents shall be brought to the attention of WSP//Engineer and Sustainability Manager immediately. If clarifications are necessary, the request is to be conveyed to WSP/Engineer and Sustainability Manager. WSP/Engineer and Sustainability Manager will respond to the Contractor. The RFI is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The RFI is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions), when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The responses provided on the RFI form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of the Contract General Conditions. Should the Contractor consider the RFI response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF RFI FORM A. The RFI form to be utilized is included at the end of this section, if you wish to use a form of your own; it must contain the same information requested on our form. REQUEST FOR INFORMATION 01395-Page 91 of 133 2698 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL TO ARCHITECT ADDRESS PHONE FAX CELL DESCRIPTION CONTRACTOR RECOMMENDATION COSTIMPACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION 01395-Page 92 of 133 2699 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01400 - QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified inspections, tests, and related actions do not limit Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Contractor to provide quality control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Cutting and patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. 2. Division 1 Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. 1.3 RESPONSIBILITIES QUALITY CONTROL 01400-Page 93 of 133 2700 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A. The contractor shall be responsible to secure, provide, and pay for all inspections, test, and other quality-control services specified and required by the contract or governing authorities. Costs for these services are included in the Contract Sum. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 1. Where individual Sections specifically indicate that certain inspections, tests, and other quality-control services are the Contractor's responsibility, the Contractor shall employ and pay a qualified independent testing agency to perform quality-control services. Costs for these services are included in the Contract Sum. a. Where the Owner has engaged a testing agency for testing and inspecting part of the Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. B. Re-testing: The Contractor is responsible for re-testing where results of inspections, tests, or other quality-control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. 1. The cost of re-testing construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. C. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect and the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. QUALITY CONTROL 01400-Page 94 of 133 2701 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1. The agency shall notify WSP/Engineer, the Sustainability Manager and the Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract Documents or approve or accept any portion of the Work. 3. The agency shall not perform any duties of the Contractor. 1.4 SUBMITTALS A. Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to WSP/Engineer and Sustainability Manager. If the Contractor is responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or similar service through the Contractor. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service include, but are not limited to, the following: a. Date of issue. b. Project title and number. C. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. I. Test results and an interpretation of test results. j. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested Work complies with Contract Document requirements. I. Name and signature of laboratory inspector. M. Recommendation on re-testing. 1.5 QUALITY ASSURANCE A. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are pre-qualified as complying with the American Council of Independent Laboratories" Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to be performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the state where the Project is located. PART 2 - PRODUCTS (Not Applicable) QUALITY CONTROL 01400-Page 95 of 133 2702 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for Division 1 Section "Cutting and Patching". B. Protect construction exposed by or for quality-control service activities and protect repaired construction. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. QUALITY CONTROL 01400-Page 96 of 133 2703 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01410 - TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Selection and payment 2. The Contractor submittals 3. Testing laboratory responsibilities 4. Testing laboratory reports 5. Limits on testing laboratory authority 6. The Contractor responsibilities 7. Schedule of inspections and tests B. Section Includes: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Section 01800 - SOIL BORING DATA 4. Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Contractor shall be responsible to secure and pay for all testing services of a qualified independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or any governing authorities. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specification indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES TESTING LABORATORY SERVICES 01410-Page 97 of 133 2704 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with WSP/Engineer and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify WSP/Engineer and the Contractor of observed irregularities or non- conformance of the Work or products. F. Perform additional inspections and tests required by the WSP/Engineer. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to WSP/Engineer and Contractor. B. Include: 1. Date issued 2. Project title and number 3. Name of inspector 4. Date and time of sampling or inspection 5. Identification of product and Specifications Section 6. Location in the Project 7. Type of inspection or test 8. Date of test 9. Results of test 10. Conformance with the Contract Documents C. When requested by WSP/Engineer, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES TESTING LABORATORY SERVICES 01410-Page 98 of 133 2705 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify WSP/Engineer and the testing laboratory 24 hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any re-tests shall be the responsibility of the Contractor. TESTING LABORATORY SERVICES 01410-Page 99 of 133 2706 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01421 - REFERENCE STANDARDS AND DEFINITIONS PART 1 —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specifications Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the conditions of this Contract. B. Indicated: The term "indicated" refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Where terms such as "shown", "noted", "scheduled", and "specified" are used, it is to help the reader locate the reference; no limitation on location is intended. C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by WSP/Engineer", "requested by WSP/Engineer", and similar phrases. D. Approve: The term "approved", where used in conjunction with WSP/Engineer's action on the Contractor's submittals, applications, and requests, is limited to WSP/Engineer's duties and responsibilities as stated in the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." G. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." H. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." I. Installer: An "Installer" is the Contractor, or an entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced", when used with the term "Installer", means having a minimum of five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 100 of 133 2707 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the contractor for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspection or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Contractor, or by others when so noted. a. The words "shall be" shall be included by inference wherever a colon (:) is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS REFERENCE STANDARDS AND DEFINITIONS 01421-Page 101 of 133 2708 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with two or more standards is specified, and the standards may establish different or conflicting requirements for minimum quantities or quality levels. Refer requirements that are different, but apparently equal, and uncertainties to Sustainability Manager for a decision before proceeding. 1. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum, as appropriate for the context of the requirements. Refer uncertainties to WSP/Engineer for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publications source. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries. F. Abbreviations and Names;; Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 102 of 133 2709 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers AAN American Association of Nurserymen (See AN LA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee AMCA Air Movement and Control Association International, Inc. ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly: American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers REFERENCE STANDARDS AND DEFINITIONS 01421-Page 103 of 133 2710 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA ElFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association MFMA Maple Flooring Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NECA National Electrical Contractors Associations NEI National Elevator Industry NELMA Northeastern Lumber Manufacturers Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association REFERENCE STANDARDS AND DEFINITIONS 01421-Page 104 of 133 2711 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection WIC Woodwork Institute of California WWPA Western Wood Products Association G. Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20220 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 105 of 133 2712 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01500 - TEMPORARY FACILITIES PART 1 — GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone. 2. Field office for the Contractor's personnel. 3. Sanitary facilities. 4. Enclosures such as tarpaulins, barricades, and canopies. 5. Temporary fencing of the construction site as required for public and employee safety. 6. Project sign. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. The Contractor shall provide and maintain an office with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. TEMPORARY FACILITIES 01500-Page 106 of 133 2713 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL B. Upon completion of the Work, remove job signs. C. Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence or barricade of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS: A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by Sustainability Manager. A design provided by, or approved by Sustainability Manager will include, but not necessarily be limited to: the project name; the Owner's name; major tenant's names; the Contractor's name, address, and telephone number, and the Engineer's name, address, and telephone number. PART 3— EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. TEMPORARY FACILITIES 01500-Page 107 of 133 2714 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01520 - CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or WSP/Engineer or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent construction, provided WSP/Engineer has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor shall be responsible for installing the permanent closure in an opening in an exterior wall and shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that CONSTRUCTION AIDS 01520-Page 108 of 133 2715 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by WSP/Engineer. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. CONSTRUCTION AIDS 01520-Page 109 of 133 2716 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01550 -ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. END SECTION 01550 ACCESS ROADS AND PARKING AREAS 01550-Page 110 of 133 2717 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01560 - TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONTRACTOR A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL TEMPORARY CONTROLS 01560-Page 111 of 133 2718 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. END SECTION 01560 TEMPORARY CONTROLS 01560-Page 112 of 133 2719 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01590 - FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office if required by Sustainability Manager and WSP/Engineer for his use, the use of his employees, and the use WSP/Engineer during the construction period. The location of the Field Office shall be determined by Sustainability Manager and WSP/Engineer. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with Sustainability Manager and WSP/Engineer. The type, size and location of field offices and sheds are subject to approval by Sustainability Manager and WSP/Engineer. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by Sustainability Manager, at no additional cost to the Owner. F. The Contractor shall remove his field office and sheds on completion of the Work or when directed by Sustainability Manager and WSP/Engineer. The Contractor shall remove all debris and rubbish and shall leave the area in a clean and orderly condition. END SECTION 01590 FIELD OFFICES AND SHEDS 01590-Page 113 of 133 2720 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01595 - CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off site at a state permitted disposal site. CONSTRUCTION CLEANING 01595-Page 114 of 133 2721 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by WSP/Engineer. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by WSP/Engineer. Contractor shall use properly licensed solid waste hauling vendors, licensed to operate in Monroe County. END SECTION 01595 CONSTRUCTION CLEANING 01595-Page 115 of 133 2722 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01600 - MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR A. Section includes: 1. Products 2. Transportation and handling 3. Storage and protection 4. Security 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Products do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. MATERIAL AND EQUIPMENT 01600-Page 116 of 133 2723 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. END SECTION 01600 MATERIAL AND EQUIPMENT 01600-Page 117 of 133 2724 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01630 - POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-proposal substitutions 1.2 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. B. After the end of the proposal period, substitution requests, from the successful Proposer, will be considered only in the case of: 1. Product unavailability. 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Proposer. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgment of WSP/Engineer the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. POST CONTRACT SUBSTITUTIONS 01630-Page 118 of 133 2725 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL E. Do not order or install substitute products without written acceptance of WSP/Engineer. F. WSP/Engineer will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Sustainability Manager's costs for redesign or revision of Contract Documents. 1.4 POST-PROPOSAL SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. POST CONTRACT SUBSTITUTIONS 01630-Page 119 of 133 2726 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL POST-PROPOSAL SUBSTITUTION FORM TO: WSP/Engineer We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO: DRAWING NAME: SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect/Engineer: For use by the Owner/Prof. Mgmt.: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By: By: Date: Date: POST CONTRACT SUBSTITUTIONS 01630-Page 120 of 133 2727 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) END SECTION 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 121 of 133 2728 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01640 - PRODUCT HANDLING PART I--GENERAL 1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division of these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by Sustainability Manager, determine and comply with manufacturers' recommendations on product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. WSP/Engineer may reject as non-complying such material and products that do not bear identification satisfactory to WSP/Engineer as to manufacturer, grade, quality, and other pertinent information. 1.5 PROTECTION A. Protect finished surfaces through which equipment and materials are handled. B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. PRODUCT HANDLING 01640-Page 122 of 133 2729 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 1.6 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of WSP/Engineer and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by WSP/Engineer and Sustainability Manager to justify an extension in Contract Time of Completion. END SECTION 01640 PRODUCT HANDLING 01640-Page 123 of 133 2730 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01700 - CONTRACT CLOSEOUT PART 1 — GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.2 NOTICE OF SUBSTANTIAL COMPLETION A. Contractor shall submit to WSP/Engineer when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. Request Substantial Completion Observation at a mutually agreeable date. 3. Certifications of systems and testing/balancing final reports. 4. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy (or Completion) b. Certificates of Inspection as applicable: 1) Electrical systems if required by Code B. Within a reasonable time after receipt of such notice, the Owner and the Contractor will make an observation to determine the status of completion. C. Should the Owner determine that the work is not substantially complete, the following will occur: 1. The Owner will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work and send a second written notice of substantial completion to the Owner. 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. WSP/Engineer will prepare a Certificate of Substantial Completion accompanied by the Punch List of items to be completed or corrected, as verified and amended by Sustainability Manager. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The Owner will submit the certificate to the contractor for written acceptance of the responsibilities assigned to them in the certificate. CONTRACT CLOSEOUT 01700-Page 124 of 133 2731 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL E. Contractor shall complete, or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Contractor will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD or flash drive of the all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. CONTRACT CLOSEOUT 01700-Page 125 of 133 2732 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances C. Deductions for uncorrected Work d. Deductions for Liquidated Damages e. Deductions for Re-inspection Payments f. Other Adjustments C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. END SECTION 01700 CONTRACT CLOSEOUT 01700-Page 126 of 133 2733 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01710 - FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Contractor's cleaning at completion of Work 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Polish glossy surfaces to a clear shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 127 of 133 2734 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. F. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. G. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. H. Remove from the Site all items installed or used for temporary purposes during construction. I. Restore all adjoining areas to their original or specified condition. END SECTION 01710 FINAL CLEANING 01710-Page 128 of 133 2735 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01720 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Contractor shall: 1.Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual C. Coordination drawings d. Addenda e. Reviewed shop drawings f. Change Orders g. Other modifications to the Contract h. Field test records 1.2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by WSP/Engineer. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from Sustainability Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of black-line prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: OPERATION AND MAINTENANCE DATA 01730-Page 129 of 133 2736 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain""galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. WSP/Engineer may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except when specifically issued by WSP/Engineer in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to WSP/Engineer prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Project number OPERATION AND MAINTENANCE DATA 01730-Page 130 of 133 2737 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. END SECTION 01720 OPERATION AND MAINTENANCE DATA 01730-Page 131 of 133 2738 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL SECTION 01740 -WARRANTIES PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for the Contractor for warranties required by the Contract Documents, including manufacturer's standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's period for correction of the Work. B. Related Sections: Not Applicable C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor or the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard products warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding; reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. 2739 ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FL C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights or remedies. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to Sustainability Program Manager prior to the date certified for Substantial Completion. If the Sustainability Program Manager's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of Sustainability Program Manager. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor or supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through Project Management, for approval prior to final execution. C. Form of Submittal: At Final Completion compile 2 copies of each required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence. D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl- covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8 '/2 x 11" (11 5-by-280-m m) paper. 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES", Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. 4. Provide one complete electronic copy on CD/DVD 5. Warranties will be submitted with the final project closure package 2740 Exhibit D DEO Agreement No. I R036 CDBG-MIT 2741 c10 eounra °� °iF 0 A Kevin Mad* CPA Clerk of the Circuit Court&Comptroller—Monroe,County, Florida �Rc[c6Jy DATE: March 11, 2022 TO: Rhonda Haag, Director Sustainability&Projects FROM: Liz Yongue, Deputy Clerk SUBJECT: February 16'BOCC Meeting The below item has been accepted into the record. P2 Revenue Grant IR036 to repair the Rock Harbor Jetty ui Key Largo ui the amount of $1,353,986.00 utilizing funding from the Florida Department of Economic Opportunity funded through the Federal Housing and Urban Development Agency. 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 PK/ROTH BUILDING 500=Whitehead.Street 3,117`Overseas Highway $882Q Qverseas Highway 50 High Point Road Key.West-,Florida 33040 Marathon,Florida 38050 Plantation Key,Florida 33070 Plantation Key,.Florid,2742 305-294-4641 305-289-6027 305-852-.7145. 305-852-7145 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity, (hereinafter referred to as "DEO') and Monroe County Board of County Commissioners (hereinafter referred to as the "Subrecipient"),each individually a"Party"and collectively"the Parties". THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS,pursuant to Public Law(P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act,2019 (approved June 6,2019),Division B, Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the "Continuing Appropriations Act,2018"; and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 202 1);(hereinafter collectively referred to as the "Federal Register Guidance'), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD') has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award,the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury, damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters; (2) address the current and future risks as identified in DSO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 57 2743 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 NOW THEREFORE,DEO and the Subrecipient agree to the following: (1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B,Project Budget, and Attachment C,Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and absolute discretion. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DSO's grant agreement with HUD,has reviewed applicable CDBG-MIT regulations and guidelines,will conduct, and will ensure its activities are in compliance with DSO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations as now in effect and as may be amended from time to time,including but not limited to,the Federal laws and regulations set forth in 24 CFR Part 570,applicable Federal Register Notices,the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I,et seq.,and all other applicable federal laws,regulations,and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement(the"Effective Date') and ends forty-eight (48) months after execution by DEO,unless otherwise terminated as set forth herein. (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DSO's Director of the Division of Community Development approves such extension in writing (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DSO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. (b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, Page 2 of 57 2744 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement NO.:IR036 and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (7),Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six(6)years from the date DEO issues the final closeout of this Agreement,unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period,in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (0 The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement for such costs as described herein,Subparagraph (22)(e),Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (7) AUDIT REQUIREMENTS (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to auditn,deo.mvflorida.com, and DEO's grant manager; a blank version of which is attached hereto as Page 3 of 57 2745 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166A02D8DCB DEO Agreement No.:IR036 Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 CT R 200.512,when such provisions are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information.Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DEO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO,HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations,and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1)reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR§200.521. (d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (10)DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Page 4 of 57 2746 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2),F.S.,pursuant to Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default'),DEO may,in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity,without limitation: (a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)calendar days from the date written notice is sent by DEO; (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete,or insufficient information or fails to submit additional information as requested by DEO; (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Page 5 of 57 2747 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that a delay could occur as a result or(2)within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines,in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State,in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. (13) REMEDIES If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or remedy available,provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law,rule or regulation governing the use of the funds; and (e) Exercise any corrective or remedial actions,including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected;and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. (f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy Page 6 of 57 2748 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 available or affect the later exercise of the same right or remedy by DEC) for any other default by the Subrecipient. (14) DISPUTE RESOLUTION DEC) shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEC)within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,F.S.,is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,F.S. (15) CITIZEN COMPLAINTS The goal of DEC)is to provide an opportunity to resolve complaints in a timely manner,usually within fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination, (b) A program assistance award calculation, or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at CDBG-MIT(a�deo.myflorida.com or submit by postal mail to the following address: Attention:Office of Long-Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 400 Tallahassee, Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary, (b) Resolution,and (c) Follow-up actions. If the complainant is not satisfied by Sub recipient's determination,then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to DEO at: Department of Economic Opportunity Caldwell Building,MSC-400 107 E Madison Street Tallahassee, FL 32399 Page 7 of 57 2749 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair HousingLaw(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/feiirhousing. (16) TERMINATION (a) DEC) may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEC). Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion with respect to DSO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b)DEC)may unilaterally terminate this Agreement,in whole or in part,for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEC), setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be terminated. However,if in the case of partial termination, DEC) determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEC) may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed upon by the Parties,which must include the effective date of the termination. (d) In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEC) shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEC) from Subrecipient is determined. (e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. (0 Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of$25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEC) an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- Page 8 of 57 2750 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of DEO's Grant Manager for this Agreement is: Taylor Doolin 107 E. Madison St. Tallahassee, FL 32399 850-717-8541 Taylor.do olin @deo.myflorida.com (c) The name and address of the Local Government Project Contact for this Agreement is: Rhonda Haag 102050 Overseas Highway Key Largo,FL 33037 305-453-8754 Haag-Rhonda@m onroecounty-fl.gov (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEC) grant manager for prior written approval. For each contract, the Subrecipient shall report to DEC) as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR§200.318 - §200.327and §200.330 when procuring property and services under this Agreement (refer to Attachments D &E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations; (e) that the contractor shall hold DEC) and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; ( the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; Page 9 of 57 2751 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 (g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non-Federal Entity Contract Under Federal Awards— (refer to Attachment L) Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions, terms,conditions,or obligations other than those contained in this Agreement;and this Agreement supersedes all previous understandings.No waiver by DEO may be effective unless made is writing by an authorized DEO official. (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A—Project Description and Deliverables Attachment B —Project Budget (Example) Attachment C—Activity Work Plan (Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports Attachment H—Warranties and Representations Attachment I—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources Attachment J—Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L—2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement (21) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed One Million Three Hundred Fifty Three Thousand Nine Hundred Eighty Six Dollars and Zero Cents ($1,353,986.00),subject to the availability of funds. The State of Florida and DSO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216,F.S. or the Florida Constitution. (b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA') through DSO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms, conditions, assurances,restrictions or other instructions listed in the NFA. Page 10 of 57 2752 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO.These written administrative procedures,processes and fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D,Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with the Scope of Work. (e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF'� on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. (0 Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. (g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23),Mandated Conditions of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty (30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes,rules, or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. 5121 et seq., (the "Stafford Act"). (k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. Page 11 of 57 2753 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 (e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. (0 In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee, Florida 32399-6508 (23) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. (b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement maybe executed 'many number of counterparts,anyone of which maybe taken as an original. (0 Subrecipient shall comply with all applicable local,state and federal laws,including the Americans With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida Statutes;Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations,transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose I f it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract Page 12 of 57 2754 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (j) In the event travel is pre-approved by DEC), any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEO or be applied against DSO's obligation to pay the Agreement award amount. (1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119,F.S. (m) Subrecipient shall comply with section 519 of P.L. 101-144,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety(90) days of execution of this Agreement,and enforcing,the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. (24) LOBBYING PROHIBITION (a) No funds or other resources received from DEC) under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies,by its signature to this Agreement,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any general loan, the entering into of any cooperative agreement, and the extension, 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 Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and Page 13 of 57 2755 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. (26) LEGAL AUTHORIZATION (a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. (b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge, there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. (27) PUBLIC RECORD RESPONSIBILITIES (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRReq,uestLa deo.myflorida.com within one (1) business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DSO's custodian of Page 14 of 57 2756 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 public records, provide DEO with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subrecipient-contractor',the Subrecipient-contractor shall transfer to DEO,at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided to DEO,upon request from DEO's custodian of public records,in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request,DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. (0 Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two (72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO,in taking all steps as DEO deems advisable,to prevent misuse,regain possession or otherwise protect the State's rights and the data subject's privacy. (g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to public records and that reports,invoices and other documents Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DSO's efforts to comply with the requirements of Chapter 119,F.S. (h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for Page 15 of 57 2757 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 the duration of this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEC) upon completion, including termination, of this Agreement. (i) IF SUB RECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB RECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRReduest&deo.myfloridaxom, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. 0) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless the State and DEC), and their officers, agents and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees,partners, contractors or subcontractors,provided,however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEC). DEC),in its sole discretion,has the right,but not the obligation,to enforce this indemnification provision. (k) DEC) does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEC),including, but not limited to,mentioning this Agreement in a press release or other promotional material, identifying DEC) or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEC) or the State in any material published,either in print or electronically,to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. (1) Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEC)may terminate this Agreement if the Subrecipient does not comply with this provision. (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095,F.S.,requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees.A public employer, contractor,or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by a person,verify such person's employment eligibility.A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a Page 16 of 57 2758 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166A02D8DCB DEO Agreement No.:IR036 person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: hops://www.e-verify..aov/ (c) If the Recipient does not use E-Verify, the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR§ 570.500(a) or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200,24 CFR part 570.489,570.500,570.504 and the terms of this Agreement. (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (30)NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: (a) Benefit low and moderate income; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of the other. Page 17 of 57 2759 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 (b) Subrecipient,its officers,agents,employees, subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. ( DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents,receive benefits and necessary insurance (health,workers'compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. (h) DEO shall not be responsible the provision of any training to Subrecipient,its employees,assigns, agents,representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement;DEO may provide training in the form of an Implementation Workshop in keeping with implementation --- Remainder of this page is intentionally left blank Page 18 of 57 2760 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DocuSign Envelope ID:740lA8EF-CDCA49C9-B23B-9166Ad2D8DCB DEO Agreement No.JR036 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. MONROE COUNTY BOARD OF DEPARTMENT OF ECONOMIC COUNTY C MMI kONERS OP.PO Tay: M' B 1 r By y .. ature tgnature Mayor David Rice Dane Eagle Title Chair Title Secretary 16 yoa,L Date 3/2/2022 ederal 59-6000749 ;u lLiN&# „'_' 0738767570000 N.,; �ST:-.I�@v{_ adok,Clerk Approved as to form.and legal sufficiency,subject ��' `'{ -_ only to full and proper execution by the Parties. ` OFFICE OF GENERAL COUNSEL BY' ~` ^~ MIC OPPORTUNITY As Deputy Clerk DEPARTMENT OF ECONOMIC DocuSigned by:_ By: ... Approved Date: 2/28/2022 --� ,-a Approved as to form and legal sufficiency: ' Monroe County Attorney's Office By: { Y Date: 1-31-2022 Page 19 of 57 2761 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 Attachment A— Project Description and Deliverables 1. PROJECT DESCRIPTION: In April 2018,the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida,Department of Economic Opportunity (DEO) would receive$633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID)Areas,primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective.Additional information may be found in the Federal Register,Vol. 84,No. 169. The Florida Department of Economic Opportunity(DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $63,485,000. This award has been granted under the General Infrastructure Program. Projects eligible for funding under this program must be from units of general local government(UGLG)include towns,cities,counties and villages. Eligible Activities include projects that demonstrably increase community resilience. The following types of infrastructure projects are encouraged: 1. Restoration of critical infrastructure 2. Renourishment of protective costal dune systems and state beaches 3. Building or fortifying buildings that are essential to the health, safety and welfare of a community 4. Rehabilitation or construction of stormwater management systems 5. Improvements to drainage facilities 6. Reconstruction of lift stations and sewage treatment plants 7. Road repair and improvement and bridge strengthening Monroe County was awarded$1,353,986.00 of CDBG-MIT funds for the low lying neighborhood of Key Largo to mitigate the potential of destroyed or heavily damaged homes from future storm surge during a storm event. The neighborhood has issues with tidally influenced inundation of residential roads and shoreline erosion to tides and current at frequent events,which was exarcerbated with Hurricane Irma. 2. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval within forty-five (45) days. The staffing plan must include the following. 1) Organizational Chart;and 2) Job descriptions for Subrecipient's employees,contracted staff,vendors and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1) Procurement policies and procedures that incorporate 2 CFR Part 200.317-326. 2) Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. Page 20 of 57 2762 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement No.:IR036 3) Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4) Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted,the frequency of monitoring policy,and which items will be monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347- 3735 or email hotline(a),hudoi .gov . 5) Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- MIT grant funds when available. D. Upload required documents into a system of record provided by DEC). E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the subrecipient agreement, Infrastructure Program Guidelines,Action Plans,Action Plan amendments, and Federal, State and local laws. H. Provide copies of all proposed procurement documents to DEO ten(10)business days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require reNTisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Provide the following documentation to DEO within ten (10) calendar days after the end of each month: 1) A revised detail report measuring the actual cost versus the projected cost; 2) An updated Attachment C which documents any changes to the projected progress along with justification for the revision. J. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Infrastructure Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. K. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1) Submit updated organization chart on a quarterly basis with quarterly report; 2) If staffing changes,there must be a submittal stating the names,job descriptions, on the monthly report deadline; 3) A progress report documenting the following information: a) Accomplishments within the past quarter; b) Issues or risks that have been faced with resolutions;and c) Projected activities to be completed within the following quarter. L. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C-Activity Work Plan. If Subrecipient is unable to meet a deadline with thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing no later than thirty(30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (4) Modification of Agreement. M. Close out report will be due no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. N. Subrecipient shall provide pictures to document progress and completion of tasks and final project. Page 21 of 57 2763 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEO Agreement NO.:IR036 3. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1—Project Implementation Tasks that are eligible for reimbursement are as follows: 1) Professional services to the County for technical assistance and program management (Davis- Bacons review,Section 3 activities). 2) Environmental review, administrative activities (Environmental Exemption, Public Notice Publication(s),etc.). 3) Grant management to include invoicing,record keeping,preparing and awarding bids to vendors. 4) Project Closeout,Engineer's Certification of Completion,Grant Closeout Package completed and submitted to DEO B. Deliverable No. 2—Engineering Services Tasks that are eligible for reimbursement are as follows: 1) Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project and meet all local current hurricane code ratings,local codes and building codes 2) Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit-related documentation for the project. 3) Conduct an Environmental Review/Assessment in accordance with DEO Policies and the National Environmental Policy Act referenced in Attachment D, Section 4.b of this agreement. C. Deliverable No. 3—Construction Tasks that are eligible for reimbursement are as follows: 1) Site(s) Preparation;and 2) Purchase of materials and repair of the breakwater structure. 4. DEO'S RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DSO's sole and absolute discretion,and process payments to Subrecipient 5. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1—Project Implementation TASKS MINIMUM LEVEL OF FINANCIAL SERVICE CONSEQUENCES Subrecipient shall provide project Subrecipient may request Failure to complete the Minimum implementation activities in reimbursement upon completion Level of Service as specified shall accordance with Section 3.A of of a minimum of one (1) task result in non-payment for this this Scope of Work. lisred in 3.A. as evidenced by deliverable for each payment submittal of the following request. documentation: Page 22 of 57 2764 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 1) Summary of Project Implementation activities performed; and 2) Invoice package in accordance with Section 6 of this Scope of Work. Deliverable 1 Cost-$67,699.30 Deliverable No. 2—Engineering Services TASKS MINIMUM LEVEL OF FINANCIAL SERVICE CONSEQUENCES Subrecipient shall complete tasks Subrecipient may request Failure to complete the Minimum in accordance with Section 3.13 reimbursement upon completion Level of Service as specified shall of this Scope of Work. of a minimum of one (1) task in result in non-payment for this accordance with Section 3.13 of deliverable for each payment this Scope of Work, evivdenced request. by submittal of the following documentation: 1) Engineering design working drawings and associated cost estimates; 2) Copies of required permits; and 3) Invoice package in accordance with Section 6 of this Scope of Work. Deliverable 2 Cost-$165,533 Deliverable No. 3—Construction TASKS MINIMUM LEVEL OF FINANCIAL SERVICE CONSEQUENCES Subrecipient shall complete tasks Subrecipient may request Failure to complete the Minimum in accordance with Section 3.0 reimbursement upon completion Level of Service as specified shall of this Scope of Work. activities in accordance with result in non-payment for this Section 4.0 of this Scope of Work deliverable for each payment in the following increments: 10%, request. 20%, 30%, 40%, 50%, 60%,70%, 80%, 90%and 100%, evidenced by submittal of the following documentation: 1) AIA forms G702 and G703, or similar accepted DEC) form, completed by a licensed professional certifying to the percentage of project completion; 2) Photographs of project in progress and completed; and 3) Invoice package in accordance with Section 6 of this Scope of Work. Deliverable 3 Cost-$1,120,753.70 Total Project Costs Not to Exceed$1,353,986.00 Page 23 of 57 2765 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DEC)Agreement No.:IR036 COST SHIFTING: The deliverable amounts specified within the Deliverables Section 5 table above are established based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 25% of each deliverable total funding amount. Changes that exceed 25% of each deliverable total funding amount will require a formal written amendment request from Subrecipient,as described in MODIFICATION section of the Agreement.Regardless,in no event shall DEC) reimburse costs of more than the total amount of this Agreement. 6. INVOICE SUBMITTAL DEC) shall reimburse Subrecipient in accordance with Section 5, above. In accordance with the Funding Requirements of s. 215.971(1),F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (bttps://www.mvfloridacfo.com/Division/AA/Manuals/documents/Reference(;wdeforStateExpenditures.o d�. A. Subrecipient shall provide one invoice per month for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Grant Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 5, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement,and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project,is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DSO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. Remainder of this page is intentionally left blank Page 24 of 57 2766 ate' o � � w U U Q � w o � � U 0 F o � za o a .o N QJ � I--I cz � U a� � z U c O N 0 z mco U N .ti y QJ m w 1) �i � QJ 71 w '� A Q aOQ W00 a) W 311 bfJ V ct � Q O UU bOq bOq CL LL U w ) H 0 2767 \ / \ � \ � \ \ $ w m « § / / & ( 7 « § « 2 ¢ \ 3 / g , / § k / S � § E � 3 § \ ® = 7 � _ o j § ) k � § a ƒ 7 § g 3 \ \ < •- ® bp % ± k m \ / ƒ m k k � 2 ( k � � •- a w + 3 f « j 2768 \ ° � m m k 2 Q \ \ \ / Q .. � � u 2g % g _ � o \ % \ 2 § Q � ka � k § W § a $ � a § � / / z \ / � \ 7 � ° / y ƒ / / k _ ± § ƒ \ / \ § j § k 2 0 \ § Q $ \ <\ y w a) o / 7 LLI / \ � f j 2769 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment D—Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DSO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following. a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond$5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR §§ 1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(42 U.S.C. §§ 4601-4655;hereinafter,the "URA"),implementing regulations at 24 CFR part 42,49 CFR part 24 and 24 CFR§ 570.606(b),the requirements of 24 CFR§42.325—42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR § 570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her rights under the URA,an invitation to accompany the appraiser, all appraisals,offer to the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 28 of 57 2770 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition,or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO,HUD, and applicable,regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday, November 21,2016. 9. For each Request for Funds (RFF) that includes reimbursement of construction costs,the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price); and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR§ 570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR§ 570.489(j). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers,contractors,consultants and engineers involved in the application or in the planning,development or implementation of the project or CDBG-MIT-funded activity; and Page 29 of 57 2771 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR § 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§ 570.489(g), such as those relating to the acquisition or disposition of real property;CDBG-MIT financial assistance to beneficiaries,businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with,and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or Videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 30 of 57 2772 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment E—State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to,and,by signing this Agreement, certifies that,it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. H/Wednesday,January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits.Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. This review must include: (1) Reviewing financial and performance reports required by DEC); (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means;and (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. Page 31 of 57 2773 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEC),including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug-Free Workplace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub.L. 100-690,Title V, Subtitle D;41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit https://www.sam.gov/SAM/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24 CFR 570.2000).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEC). The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR 570.2000) and 24 CFR 570.4890),except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 6. Federal Funding Accountability and Transparency Act (FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number https://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Propert�:Acduisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA),42 USC 4601 —4655, 49 CFR part 24,24 CFR part 42, and 24 CFR 570.606. Page 32 of 57 2774 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB In addition to other URA requirements,these regulations (49 CFR§24.403(d))implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President,to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race,color,national origin,religion or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.794) (Section 504).Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6,for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703-288.706, F.S.);Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352), as amended. No person in the United States shall, on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint,testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 33 of 57 2775 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations,facilities, services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein,acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement,the instrument effecting any disposition by the Subrecipient of such real property,structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DSO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24,1966,as amended,and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (2) Women- and Minority-Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. (3) Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice,to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 34 of 57 2776 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB 9. Labor and Employ Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 3141,et seq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low-Income Person Definition A low-income person,as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very low- income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b. Compliance Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing Federal, state and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the following"Section 3 clause"in every"Section 3-covered contract": (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low- income persons,particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants Page 35 of 57 2777 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. (5) The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75.F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (6) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c.. Section 3 Benchmarks and Reporting A.Benchmarks. Contracts over$200,000 trigger Section 3 Benchmark requirements.When triggered,best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and business concerns to meet these minimum numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers. B. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR§ 75.23,pursuant to 24 CFR§ 75.25(b),the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. C. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or DEO which may be amended from time to time for HUD reporting purposes. 11. Conduct a. Hatch Act The Subrecipient shall comply with the Hatch Act, 5 USC 1501 —1508,and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. Page 36 of 57 2778 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB In all cases not governed by the conflict of interest provisions in DSO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbj ing Certification The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation,renewal, amendment or modification of any Federal contract,grant,loan,or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; (3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly;and (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any 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. d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship,religious instruction,or proselytization. Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under any Department program, or any intermediate organization with the same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction,or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non-religious organizations. e. Environmental Conditions (1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(g) of the HCD Act for environmental review,decision-making and action (see 24 CFR part 58) and is not delegated DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non-HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Air and Water The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: (a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended;particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51,and 93);and Page 37 of 57 2779 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended,and all regulations and guidelines issued thereunder. (c) The Clean Air and Water Act: If this Contract is in excess of$100,000,Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act,as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act,Pub.L. 94-163. (3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994,as amended,(42 U.S.C. 5154a),which includes a prohibition on the provision of flood disaster assistance,including loan assistance, to a person for repair,replacement or restoration for damage to any personal,residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. (4) Lead-Based Paint The Subrecipient shall follow DSO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A,B,J,K,and R of this title. (5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966,as amended, codified in title 54 of the United States Code,and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. (6) Additional Regulations (a) The Temporary Assistance for Needy Families Program (`TANF'�, 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits discrimination on the basis of sex in educational programs. (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. (d) The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law (Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis,to children up to age 18. Page 38 of 57 2780 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB (e) Public Announcements and Advertising.When issuing statements,press releases,requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. (f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. (g) The Consolidated Appropriations Act,2010,Division E,Section 511 (Pub.L. 111-117),which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries. The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub.L. 111-117. (h) Contract Work Hours and Safety Standards Act(40 U.S.C. §327-333)—If this Contract involves federal funding in excess of$2,000 for construction contracts or in excess of$2,500 for other contracts that involve the employment of mechanics or laborers,compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub.L. 94-580 codified at 42 U.S.C. 6962),state and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. (j) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986,which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State may impose any of the additional conditions and/or requirements outlined in 2 CFR§ 200.207. Page 39 of 57 2781 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment F—Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will"affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race,color,familial status,handicap,national origin,religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing can: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency,the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts,and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: 1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals;and 4. Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles, sign-in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 40 of 57 2782 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166A02D8DCB Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring,promotion, discharge,pay, fringe benefits,job training, classification,referral and other aspects of employment,on the basis of race,color,religion, sex,national origin,disability,age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises ("E) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used to develop a local MBE/WBE list at the following web site: https://osd.dms.mvflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b) into any contracts or subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR 60-1.3. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following. 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 41 of 57 2783 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not,on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services,benefits or opportunities to participate as a result of physical barriers,or 3. Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment,State and local government,public accommodations,commercial facilities,transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 -Economic Opportunities for Low- and Very Low-Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income people who are hired to work on CDBG-MIT-funded projects. The number of low- and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following Section 3 clause is required to be included in CDBG-MIT-funded contracts of$100,000 or more: Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons,particularly persons who are Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause, and will post copies of the Page 42 of 57 2784 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75. 6. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 —Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; 3. Title VIII of the Civil Rights Act of 1968—as amended(the Fair Housing Act of 1988); 4. 24 CFR§ 570.487(b) —Affirmatively Furthering Fair Housing; 5. 24 CFR§ 570.490(b) —Unit of general local government's record; 6. 24 CFR§ 570.606(b) —Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing, 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race,color,religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended—Employment/Training of Lower Income Residents and Local Business Contracting. Page 43 of 57 2785 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Do Sign Envelope ID:7 01A8 F-CDCA-49C9-B2 B-91 6A02D6DCB I hereby cernify that � Dry C�> _._shall comply with all of the provisions and Federal regulations listed in this Attachment F., y: , Date® Name: ayor David Rice Title: Chair m a "N' Remainder of this page is intentionally left blank ^ rR Madok, Clerk x s Deputy Clerk Approved to form and legal sufficiency: Monroe County Afforneys Office 1-31-2022 Page 44 of 57 2786 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment G—Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 101h of every April,July,October and January. 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at https://ww-w.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§ 200.343.Activities during this close-out period may include,but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold,an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to auditn,deo.mvflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD-60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables,Project Detail Budget and Activity Work Plan. 8.All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement. Page 45 of 57 2787 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment H—Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 CY R 200.302 titled "Financial Management', Section 218.33, F.S., and include the following: 1. Accurate,current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. 3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles' and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR§ 200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 46 of 57 2788 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment I—Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215.97, F.S.,as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR§200.90, §200.64,and §200.70. 1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503.An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-512. 3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 47 of 57 2789 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017, and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S.,is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS (NOTE:This part�a ould be used to specify any additional audit requirements imposed by the State a�a arding entity that are solely a matter of that State aavarding entity's poiig (i.e., the audit is not required by Federal or State lay)s and is not in conf§ct)rith other Federal or State audit requirements). Pursuant to Section 295.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance )rith Section 215.97, F.S. In such an event, the State an aming agency must arrange for funding the full cost of such additional audits. N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR§ 200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR§ 200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: tm DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): AuditLa_),deo.mvflorida.com Department Economic Opportunity MSC# 75, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 K The Auditor General's Office at the following address: Auditor General Local Government Audits 342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 48 of 57 2790 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies (preferred): or Paper (hard copy): AuditL(_)deo.mvflorida.com Department Economic Opportunity MSC# 75, Caldwell Building 107 East Madison Street Tallahassee, FL. 32399-4126 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition,if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer. Page 49 of 57 2791 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Exhibit 1 to Attachment I—Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $1,353,986.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 Project Description: Funding is being provided for Monroe County in order to restore the breakwater structure to mitigate flooding in the This is not a research and development an ard. future. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR§§ 570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability(NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A Matching Resources for Federal Programs: N/A Subject to Section 215.97,Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR§ 200.331 and Section 215.97(5), F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 50 of 57 2792 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166A02D8DCB Attachment J—Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myflorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g.,contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity (DEO)? ❑Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend$750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of Section 215.97,Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding,economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient,that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 51 of 57 2793 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment K—Subrecipient Enterprise Resource Application(SERA) Form Attachment K will be provided after execution of this Agreement Page 52 of 57 2794 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." (D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 31"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 that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to Page 53 of 57 2795 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement"under 37 CFR§ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-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 non-Federal award. (J) See 200.323—Procurement of Recovered Materials. (I) See 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. (L) See 200.322—Domestic Preferences for procurements. F8 FR 78608,Dec. 26,2013, as amended at 79 FR 75888,Dec. 19,2014; 85 FR 49577,Aug. 13,2020] Page 54 of 57 2796 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166A02D8DCB Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery(CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement ("Agreement") is made and entered into by and between the Monroe County Board of County Commissioners (hereinafter referred to as "Subrecipient") and the State of Florida,Department of Economic Opportunity (hereinafter referred to as "DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds' under the DEO Community Development Block Grant-Mitigation Program (the "CDBG-MIT Program' administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA'� or the Small Business Administration ("SBA' (singularly, a "Disaster Program" and collectively, the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph,whether they are from insurance, FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds,"and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving depositions,providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 55 of 57 2797 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall be used,retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient;and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warning.• Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. --- Remainder of this page is intentionally left blank Page 56 of 57 2798 DocuSign Envelope ID:740lA8EF-CDCA-49C9-B23B-9166AO2D8DCB DocuSign Envelope ID:7401A8EF•CDCA-49C9-B23B-9166AO2D8DCB The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read,and understands this notice of penalties for m. aking a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. MONROE COUNTY BOARD OF DEPARTMENT OF ECONOMIC COUNTY C M IS NE OPPOR By By ft U 41(524(nature 8 UF Darm,'EaPOW, Title Chair Title M, '111,11i'l!''L Date .46VA,,0Aj I L, 7v VZ,, Date 3/2/2022 6f Approved as to form and legal sufficiency: Monroe County Attorney's Office I I Wyry 4 IV, n Madok, Clerk 19T N As Deputy Clerk Page 57 of 57 2799 Exhibit E Davis-Bacon Act Requirements 29 C.F.R. § 5.5 § 5.5 Contract provisions and related matters. (a)Required contract clauses. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by ' 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1)Minimum wages (i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs O and Le)of this section,the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act(40 U.S.C. 3141(2)(B)) 2800 on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under ah ragraph fa)LIAiiij of this section) and the Davis-Bacon poster(WH-1321)must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Frequently recurring classifications. (A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFB part 1, a wage determination may contain, pursuant to 1.3 f , wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to pa_ Wraphh La) L1) Liii of this section,provided that: (1) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (2) The classification is used in the area by the construction industry; and (3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(l)(iii A (3)of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. (iii) Conformance. (A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: 2801 (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is used in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconforra ance(a),dol.zov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. (D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAcoaaforra anceLa),dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. (E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(I)(iii C) and La� of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate(including fringe benefits where appropriate) determined pursuant to paragraph (a M(iii)(C) or DP of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the 2802 amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in ' 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (vi)Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding (i) Withholding requirements. The [write in name of Federal agency or the recipient of Federal assistance] may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in paragraph (a) of this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor(as defined in ' 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work(or otherwise working in construction or development of the project under a development statute)all or part of the wages required by the contract,or upon the contractor's failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section,the [Agency] may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or JhJJ3J Ui of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; 2803 (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3)Records and certified payrolls (i)Basic record requirements (A) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (B)Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141 fflJ of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a)(1)(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141Q(BJ of the Davis-Bacon Act,the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (D)Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. (ii) Certified payroll requirements (A) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the [write in name of appropriate Federal agency] if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the [write in name of agency]. The prime 2804 contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature;the system allows the contractor,the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (B) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (a)(3)(i)(B) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at hLt�s:/lwww.dol.gov/silt,s/dolgov/Yes1WHD11egacE Yes/wh34LL)df or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records). (C)Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (a) 3�(i) of this section, and such information and records are correct and complete; (2) That each laborer or mechanic (including each helper and apprentice)working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. 2805 (D) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by all r�gra h ii C) of this section. (E) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (F) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (G) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (iii) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids,proposals, amendments,modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (iv)Required disclosures and access (A) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs (a)(3)(i)through fiii of this section, and any other documents that the [write the name of the agency] or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by ' -5.1, available for inspection, copying, or transcription by authorized representatives of the [write the name of the agency] or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (B) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job,the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be,that maintains such records or that employs such workers,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to ' -5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR Dart 6 any of the required records 2806 that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (C) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the [write in name of appropriate Federal agency] if the agency is a parry to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a parry to the contract, the contractor, subcontractor, or both, must, upon request,provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the [write in name of agency], the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. (4)Apprentices and equal employment opportunity (i)Apprentices (A)Rate ofpay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringe benefits must be paid in accordance with that determination. (C)Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D)of this section. Any worker listed 2807 on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6)Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in paagraphs (aAl� through 11 of this section, along with the applicable wage determination(s) and such other clauses or contract modifications as the [write in the name of the Federal agency] may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 2808 between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i)By entering into this contract,the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or " 5.12 . (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or " 5.12 a . (iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. (11)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i)Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFRDart 1 or 3; (ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part I or 3; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFRpart 1 or 3; or (iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part I or 3. 2809 Exhibit F Wage Determination 2810 "General Decision Number: FL20250096 08/15/2025 Superseded General Decision Number: FL20240096 State: Florida Construction Type: Heavy County: Monroe County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). �If the contract is entered 1. Executive Order 14026 linto on or after January 30, 1 generally applies to the 12022, or the contract is I contract. renewed or extended (e.g., an 1. The contractor must pay loption is exercised) on or I all covered workers at lafter January 30, 2022: 1 least$17.75 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. �If the contract was awarded onl. Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the I contract. contract is not renewed or 1. The contractor must pay all extended on or after January I covered workers at least 130, 2022: 1 $13.30 per hour(or the applicable wage rate listed) on this wage determination,1 if it is higher) for all hours spent performing on that contract in 2025. 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a 2811 file:///C/...top/JETTIES/ROCK%20HARBOR%20BREAKWATER%20IR036/Contract/DAvis%20Bacon%20Wages%20August%202025.txt[12/l/2025 3:23:49 PM] conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 1 08/15/2025 * PAIN0365-006 08/01/2025 Rates Fringes PAINTER: Brush and Spray........$ 27.00 14.78 ---------------------------------------------------------------- * SUFL2009-135 06/24/2009 Rates Fringes LABORER: Common or General......$ 9.34 ** 1.85 LABORER: Pipelayer..............$ 11.58 ** 0.00 OPERATOR: Backhoe...............$ 12.25 ** 1.33 OPERATOR: Bulldozer.............$ 13.30 ** 1.92 OPERATOR: Loader................$ 14.13 ** 1.94 TRUCK DRIVER: Distributor, Dump, Lowboy and Tandem..........$ 14.00 ** 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide 2812 file:///C/...top/JETTIES/ROCK%20HARBOR%20BREAKWATER%20IR036/Contract/DAvis%20Bacon%20Wages%20August%202025.txt[12/l/2025 3:23:49 PM] employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/govemment-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"', ""UAVG"", ?SA?, or?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement(CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for 2813 file:///C/...top/JETTIES/ROCK%20HARBOR%20BREAKWATER%20IR036/Contract/DAvis%20Bacon%20Wages%20August%202025.txt[12/l/2025 3:23:49 PM] those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 2814 file:///C/...top/JETTIES/ROCK%20HARBOR%20BREAKWATER%20IR036/Contract/DAvis%20Bacon%20Wages%20August%202025.txt[12/l/2025 3:23:49 PM] 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested parry (those affected by the action)that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry's position and any information (wage payment data,project description, area practice material, etc.)that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested parry may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: 2815 file:///C/...top/JETTIES/ROCK%20HARBOR%20BREAKWATER%20IR036/Contract/DAvis%20Bacon%20Wages%20August%202025.txt[12/l/2025 3:23:49 PM] Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ---------------------------------------------------------------- END OF GENERAL DECISION' 2816 file:///C/...top/JETTIES/ROCK%20HARBOR%20BREAKWATER%20IR036/Contract/DAvis%20Bacon%20Wages%20August%202025.txt[12/l/2025 3:23:49 PM] Exhibit G Davis Bacon Poster 2817 WORKER RIGHTS UNDER THE DAVIS-BACON ACT he IIlaw requires iurs all urn "to display °b huis III°fur wlieire workeirs caun readily see i°t PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted WAGES with this notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due,and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved federal or state apprenticeship programs. RETALIATION The law prohibits discharging or otherwise retaliating against workers for filing a complaint, cooperating in an investigation,or testifying in a proceeding under the Davis-Bacon and Related Acts. PROPER PAY If you do not receive proper pay,or require further information on the applicable wages,contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. II allow a uVV°uil�'rV Illp, � u II all u'u � ��� I IIIIII IIIIII I I I III ii ill IIIVu �„ ww IIIVu II a I�ii u 28�$ Exhibit H Davis Bacon Certified Payroll Form 2819 0 N 00 00 N C OO �C�OD FLA ,n o o NmoMllvao3 p o o m r a3)WOMOlAVd13N E�mv� ON `o ami«-�� �E N m O o Y SNo11Jnd3(l 0 0.-v0 0 c ° 0 ivio1 E Y�° ro Z ai a t 0 omD m� j m 'Q (SNOIl�n211SN1 E v`O-3 3 0 W O w u} a 33S A31D3dS 9 v C ? w w - 1snvC83H10 o v o E'm v E a' a O Z O �s aN o mo H VDI3 m v 8 'v vi V ,. u U C vi CCO C O.7 Z Z p S9NIdlOH `o v v >9 g o N Z Inn 0 -HlIMXVi m aEi -Q O to co -f]�sv"� mo cp uS uy X210M llv ao3 `o'o o JO 0 it o 4 43MJV31Wt/SSOa9 o.-o u E m O�m o y m L q m Uu�� "m LL Z 43Nat/31Wt/SSOa9 v'ow- m -9 o O 0 cc z '� a2m�mJ m`o 0 - O m S1133N38 39NIa3 o v�"�0 L .. +, C3 u 30 n3ll NI IN3WAVd Y 3.Q� m °a a°D E a 1143aJ1133N38 m o°,9 m E w Om � 39NIa3 1t4O1 V 6i�,Y " o 4 voo Uv - o ~ Z Z q lOdNt/1Sa0341t/d oU0- ss m� T; """ a ZO 0 0 � 31V2l 39t/M nl inOH TM i-L ��a u- v � L 0 a u u u Y.��vEY uow LU V F ate; O )133M a]Od G D]OM .0`o u"p9°s m SanoHlt4o1 u oYLL ms �C ❑ "�� ��m s 3 c .17.. c 3 ° 0 Y C+'O a+C E X it O w m '0Y N W E O m m-m°°E o O0 d, ?) 0 m m U CS LU p O O 2 v�m,La� c0 .� Q }' p y� W p w vmC�O� um W. m O v9-p�OC 7 a`+vJi V O LU v 2 mC Om'm d m O U � 0 2 0-O Nam+w OD-p ra � � C N C 31NMJ3AO=10 YWo�mv `� s 3W I11H91t/a1S=1S N O 3 o C C °v +O+ zO Z, �avE>� E° a O C („) Z. O O 6y-O C UY O m 7 Q. '^ a NOIIVDI31SSVID a°=� Y '° 0 3 Z aouvl `o ommu `a 0 4 u9�E m'> �v U N C C-O uj m N Ul S 3JI1N3UdV °M,o,v 0 m c ralv O Z w da31S193d(Vd) 9 0 r 4 h a. aJDWOMA3Nanof W 3 wu EZ m`o O O 9NIA311N341 m ` �U. V o ° a31laOM o.Dm030 ° vo J O N � m _ lt/I11N1 'mu Aso a 31001W aJDWOM > 3`0 �N Q Om0 4 w, Oa� 0 E Ow 6V m f —12 E w2�o i oo3 3WtN ° 2 vs C -Z ' > 31J � a E°OoL Z ° �Q) > w Ep >w ow .0 � " °m 3 C = O F - Ys I 4 o> CL Z _0 ^ - mJ ° Tm wm '47 0 f6 4t, V °M 3sS9 ° p J (Atiu N O O JYo, m� 47 E°� [L„ cr,; ON AUN3 aJDWOAA —"-w fl 00 v u o N ac—o c n o a, o a Q 3 +_r_ cc c u `p N as c O s a w r Qk n >• M Elin in in in in in in in c +N+ D O -O 7 �` w Cc CL E U,v CL t Z a) ' fi a/ O .O Ga > N 4 4 4 4 /31- uj P tx, c bD M � Q� � = O W Q a) — O_ -6 t3" w , I w bD — Q j i) a) s, c 0 I a w ` Z a3i aoi v LA - a ❑in in in in in in in in u5- 'tb a) o -E u- Y v �""- (J t cCL am.) +� fO ao u a) t aG c o m m c c a) :t! p a) ,u.. u. ;cs.. ❑x x x x x x x x a) «w O o w I a C} t w v o w ° N v E v i C3 a c°i nv n o = nLU `o •2 � ac ao a) u u c p0 c v E c 4i ° w, m v n a) O c � °° a) a) w , as ' $ $ v $ " $ $ a°i o ao 2 a) a) fO °- aco vQi vQi vQi a) m b d a a) " .i ao O_ O W t 4J �` a ci cii" sii c" c°i ro eZ cc 'II 7 O2 O - N O dC ❑ ❑❑ t a) U" u.1 u1 ,6. ❑x x x x x x x c Q -j z' aa)) O v n t Q L7 u. a �a � u w w p ) u v Q w E c } G O c '_^ afOi p_:n ° aG �O �©^y a Q w Q s 1 Q Q Q �Z Q uu v aG w n o n a) O O O 0 O v w v ° ao ° 4" o M O ° - c n El El Eln p ' ❑in in in in in in in in o 40, n n c i -c7 ro •c .� O Q c o t c c c 3 O n c J as a . a v 0 O o E o m a) o S w o a) E LA Q a) n a z a-) N bD c * w a,) Q N o v v v E bD n O' o ° p ° — a) > N n a) ao Elin in in in in in in in z z a)-0 3 o t o m bD o a, au) o a) M + p T c n tia 4 F q o ° a) v o a Ca. > $ n c c o o a) `o ;u v 3 u0 w ^ p o o Q ° L 7 c5 c5 cF Co G 5 c5 "x O a) C O a) `G C ,4 aC c " t t a`i c u O_ p 'w. w. [L ❑x x x a x x x x 3 a! a/ 0 O 0 E > Q E N •p_ VI 43 O f0 O_ —O Q 4a a w d W v N O _aw a-' �,A p N p -p O = c t µme, sn, s o a) `o ` s c c c >' E v -° ° ° a, sv Z) Fo kt s ao a? ` + C a' - c v O Q c c ,m mu. ❑ x° I x° 1 i i x° N aci ° CL v M + m ° v U' n N (o c -0 CL > o w E o o a, c '> o tc t a, sir ? c `o = o 0 0 o rx 41 2 u" z " z' a v c n t M v o o m Q w m C3" n o cz 3 Ea, o t 3 c v a (a o LL " Q tin 3 .c E ru a, .p a R? O u —i w. —� a) 2 v� aci a) > E `o Q. aco c� 3 �aC w F b t u (a t c p O c a) 1 ..... W:.. 4 F- Q ro H Q Q Q.. Exhibit I — Section 3 Qualitative Efforts Examples The following examples are provided in 24 CFR 75.15(b): Li Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. u Provided training or apprenticeship opportunities. u Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). u Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. u Held one or more job fairs. u Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). u Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. u Assisted Section 3 workers to obtain financial literacy training and/or coaching. u Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. u Provided technical assistance to help Section 3 business concerns understand and bid on contracts. u Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. u Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Li Promoted use of business registries designed to create opportunities for disadvantaged and small businesses. u Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 2822 Exhibit J Section 3 Worker and Targeted Worker Application Completed applications should be submitted to: [Grantee or Subrecipient Name] Attn: Section 3 Program [Grantee or Subrecipient Address] [City, State ZIP] If you have any questions on the application process Please contact the Section 3 Program at [Phone number and email] Name 2823 Physical Address City, State, Zip Mailing Address, if different City, State, Zip Telephone Number, including area code Email I qualify as a Section 3 worker or Targeted Section 3 worker because(choose one): ❑ 1 am employed by a Section 3 business concern. (Attach proof of employment such as a current pay stub.) ❑ I have completed a Youth Build program within the past twelve (12) months or I am a current Youthbuild participant. (Attach a copy of your certificate of completion or documentation of Youthbuild participation.) ❑ My income is below 80% of the Area Median Income for a household size of one for the area in which I reside. (Attach proof of income such as most recent W-2, recent paystubs and/or proof of public assistance OR complete the Zero Income Statement on Page 5 of this application.) ❑ I reside within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census. (Attach proof of residency.) 2824 Fields of Experience and Interest If you have skills in a particular area and you are interested in working in that field, please check the "Interest" box and provide your length of experience. Construction-Related Interest Interest Length of Non-Construction/Post- Length of Services Experience Construction Services Experience Architecture Appraisal Services Bricklaying Archeology Carpentry Building Inspection Services Cement/Masonry Building Maintenance Demolition Catering Drywall Computers/IT Electrical Courier Services Elevator Construction Engineering Engineering Janitorial Environmental Services Landscaping Fencing Legal Services Flooring Installation Management Consulting Heating Marketing/Photography Insulation/Siding Printing Iron Works Real Estate Services Landscaping Security Machine Operation Surveying Services Painting Transportation Plastering Other: Plumbing Other: Roofing Other: Other: Other: 2825 Required Documents Submit the following with this application: ❑ Proof of Identity (a photo ID: state-issued, college, employee badges are all accepted) ❑ Proof of Address if qualifying based on residency (a piece of official mail such as a utility bill, paycheck stub or government document with your current address on it) ❑ Income Documentation for last 30 days (most recent W-2, paystubs, Social Security/SSI/SSDI income statement, unemployment statement, worker's comp award letter, and any other item which would be considered cash income). Non-cash items like food stamps aren't needed. ❑ Zero-income statement (if applicable) Applicant Certification I understand that Section 3 Resident certifications are valid for five (5) years. It is my responsibility to contact the office that holds my certification in order to update my contact information and my qualifications, or, if I no longer wish to be a certified Section 3 Resident. I understand that a Section 3 Resident certification is not an offer of employment. By signing this document, I give [Grantee or Subrecipient Name] permission to place my contact information on a list to be shared with businesses and community partners when they are hiring for Section 3 covered projects in the area. I may or may not be contacted about a position. If contacted, I will have to undergo the job application or interview process of that potential employer. If selected, I agree to comply with all federal and local reporting requirements. I understand that a more detailed review of my information may be requested for any reason. I affirm that the information I provided was true to the best of my knowledge and belief, and that I have not withheld information in order to obtain certification. I further understand that if I have failed to provide truthful information, or to provide all information, I will be removed from the certification list and will not be able to reapply for one (1) year. Signature of Applicant Date FOR INTERNAL USE ONLY Date Application Received: Reviewed by: Date: Applicant qualifies as ❑ Section 3 Worker ❑ Targeted Section 3 Worker ❑ Does not qualify for Section 3 2826 Exhibit A: Zero Income Statement: If you have no income, complete this section. If homeless, attach a letter from the shelter where you receive assistance, regardless of the type of assistance you receive. I, , certify that I have no income. I understand this means wages from work, unemployment, TANF, SSI/SSDI, Social Security, or any other program which I would receive a cash payment from. The reason I am able to survive with no income is because (choose one): ❑ 1 am currently homeless. I am able to meet my basic needs by doing the following: ❑ 1 am living with someone not in my household who provides me with support. Their name is: Their telephone number is: Their relationship to me is (mother, uncle, friend, etc.): To be filled out bythe supporting party: How do you provide support to the applicant? Provide approximate cash amounts for all major expenses ($50 or more). Example: "I pay $500 in rent; I spend$200 on food that he/she shares with me", etc.: Signature of Supporting Party: Date: Signature of Applicant: Date: 2827 Exhibit K The United States Department of Housing and Urban Development (HUD), Office of Davis Bacon and Labor Standards Form 4010 2828 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. Minimum wages and fringe benefits i. All laborers and mechanics employed or working upon the site of the work(or otherwise working in construction or development of the project under a development statute),will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act(40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s)of work actually performed,without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster(WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that: 1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 2. The classification is used in the area by the construction industry; and 3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.5(a)(1)(iii)(A)(3).Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be Previous editions obsolete 1 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2829 classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is used in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformanceCdol. ov.The Administrator, or an authorized representative,will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformanceCdol. ov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D).The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination.The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or(D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iv. Fringe benefits not expressed as an hourly rate Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. v. Unfunded plans If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. Previous editions obsolete 2 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2830 2. Withholding i. Withholding requirements The U.S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work(or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. ii. Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or(b)(3)(i), or both, over claims to those funds by: A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; B. A contracting agency for its reprocurement costs; C. A trustee(s) (either a court-appointed trustee or a U.S.trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; D. A contractor's assignee(s); E. A contractor's successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 3. Records and certified payrolls i. Basic record requirements A. Length of record retention.All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work(or otherwise working in construction or development of the project under a development statute)for a period of at least 3 years after all the work on the prime contract is completed. B. Information required Such records must contain the name; Social Security number; last known address,telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v)that the wages of any laborer or mechanic include the amount of any Previous editions obsolete 3 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2831 costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act,the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. ii. Certified payroll requirements A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD.The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor,the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses,telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number).The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at drttps://wwwoc�csloc�csv/ sites dolc�ov/files/WHQ legacy/files/wh347.2df or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses,telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be,that maintains such records). C. Statement of Compliance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: 1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete; 2. That each laborer or mechanic(including each helper and apprentice)working on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly Previous editions obsolete 4 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2832 from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and 3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C). E. Signature The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iii. Contracts,subcontracts,and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions.The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)—(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job,the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be,that maintains such records or that employs such workers,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD.WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to Previous editions obsolete 5 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2833 the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be,that maintains such records,for transmission to HUD,the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity i. Apprentices A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program,the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringe benefits must be paid in accordance with that determination. C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyworker's hourly rate)applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project,the ratio and wage rate specified in the contractor's registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 5 Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. Previous editions obsolete 6 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2834 6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts.The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 7 Contract termination: debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8 Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii.The penalty for making false statements is prescribed in the U.S. Code,Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; iii.Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5. B. Contract Work Hours and Safety Standards Act(CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or(for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses must Previous editions obsolete 7 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2835 be inserted in addition to the clauses required by 29 CFR 5.5(a)or 4.6. As used in this paragraph, the terms "laborers and mechanics" include watchpersons and guards. 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 29 CFR 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of$31 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 29 CFR 5.5(b)(1). 3. Withholding for unpaid wages and liquidated damages i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b)on this contract, 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 that is held by the same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or(b)(3)(i), or both, over claims to those funds by: A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; B. A contracting agency for its reprocurement costs; C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; D. A contractor's assignee(s); E. A contractor's successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1)through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1)through (5). In the event of any violations of these clauses,the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, Previous editions obsolete 8 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2836 due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5. C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1,the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address,telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text. E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law,whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. Previous editions obsolete 9 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2837 F. HEALTH AND SAFETY The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000. 1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. §3701 et seq. 3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions obsolete 10 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2838 EXHIBIT L Byrd Anti-Lobbying Certification Form 2839 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 e 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. |f any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, e 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 Fornn LLL, "DisdosureFornntoReportLobbying," ineccordencevvithitsinstructions. 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 subredpientsshe|| certify and disclose accordingly. This certification is e material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is e 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 $1O,OOO and not more than $1OO,OOO for each such failure. Adventure Environmental,' |no oertifiesoraffirrnsthetruthfu|nessand 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, f Signature of Contractor's Authorized Official GrogoryTo|pin. Vice President 12/2/2025 Name and Title of Contractor's Authorized Official Date 2840 DISC."LOSIURE Of LOBBYING ACMITTE S CGIM11 T:-J�7Z FGIFAt TO DUKLOSE,10MYNG kC,rv.=s Pumsu.�uu TO 3 1 USA'� yea L, T'i,-p corm~ e,of Fe Acm~ 2 Statusof Fedex-d _Actiom� 1, Repon. TN,-pe,: a contract =a.bA'offEr',mpphca6?om =a initial. b grain b �mrfinlawazd b uuteha]change, po.'-'I-3Waz'd d to For Maieriall Clugge.Oily: e. Loan p1mantee year quarter f loam imvmm.:e date of Lvit laparr 4. No mR.and Address af'Rhporti'Ong Emfity S. Eater Naive and Iddress,of Prim: ElPtmaa ElSubamudeia Tier if know, Cam. resumal Distrixt,ifkmowm Coagressiamall District,if known 6. Feder A,DepartmesUAgency: Fedimil,Pragram.N'llml?"Desillipboa: CTDA.N'ambex,ffappIcabLe 0. Federal Acti)mm Number,if knvwu: a Award Amount,if hmovm: 11 ai. Naine and ld&esss of LoblyF Eafitr b. luldhidtals,PerfbEming Semiles (ind)mIng (If injividada2,lm'l Maine,first name,,ml; adJzeis ifIffi-rein from.No. I On) CA, U- mume,first mule""m 1� (atuch Cocimuzifion Sheet.(.,-i4��if necesi�m,�� 11. Amount of'Piymmient Ir,all thai appilly), 13. F-1 PlAtned F—I a retainer F—I b. ama-dmefee 12. Fam of Paymemi(chmi:all ffixt sWy): C. Coombs-rjou F-1 a ":a sh, d. contingent Le F-] b in, iiLd &,yecif namire E deharm vaule other,specift 14. Rrief"Descriplinmi af'Sertices Perfurmed ac to b*perfdrmjed and Diate(s)of Sedmile,including offile*)",emplol*S)",mr membey(s)coatalited,for P&Tmat hldicated in Item 11: ('atlach Coirtmuzibm Sheet(s" if mecessan,') 1& Cambauadma Sheei(*of ached: Yes No 16. Zzf baza 6,313 rev A'vtd.th-,:qq4�Iis&M:""s'ZmAl'amAd by Tit.1;K U,TA'� TAcdcm 1.32, Tln&.,scl-cimm e4flchb-�sz llipamze:� rl;Lzm, -*mmi,yargd by tha,64sr ors v;hgm hi"s,transaic"I"am, wms mad;w aulgmd.intio, 7bis,4hudanuv is Pnht pmummt to 3., U,S'C�.1352, Mixuffwm'Z6,313 m,lu b'4 r;pc&Qd to Ccmg;fia%m3im=umH.-v will bp rmilablg,f6�r Amy:�pw im w ftaa re Eig,Win,:Kpdr;d. &.'sclic'sum,shau.bi;;'Tkj';'ct.to 1,cill.]pcm@�"l nfm'at lags.&Im S UD000 mad M&.mczl&th2m, 11010"1000 frar msl ymcl Teliephone 140. t e: A xlhohzed tw LlocK Fyprot.,zlim Fftleral Us*OnJ7,-: Slandrd Funn-= 2-6c IPAIR7 11COUIN7Y 2841 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 foram is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or eimployee of any agency,a Mermber of Congress an officer or eimployee of Congress or an employee of a Mermber of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the foram 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 Iterm 4 checks"Subawardee"then enter the full narme,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 announcerment 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 curmulative 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 Meruber(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- 90«ENDIF» 2-6d PART 2/COUNTY 2842 EXHIBIT M Florida Department of Economic Opportunity (Commerce)- CDBG Program [Supplemental Conditions] 2843 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. The supplemental conditions contained in this section are intended to cooperate with,to supplement, and to modify the general conditions and other specifications. In case of disagreement with any other section of this contract, the Supplemental Conditions shall govern. 1. Termination(Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies 5. Environmental Compliance(Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Conflict of Interest 9. Utilization of Minority and Women's Businesses 10. Federal Labor Standards Provisions(Davis-Bacon,Copeland,and Contract Work Hours Act) 11. Guidance to Contractor for Compliance with Labor Standards Provisions 1. TERMINATION(CAUSE AND/OR CONVENIENCE) A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten(10)calendar days written notice(delivered by certified mail,return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l(a)above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but (1) no amount shall be allowed for anticipated profit on unperformed services or other work,and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government,the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate,in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate. 2844 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1)promptly discontinue all affected work(unless the notice directs otherwise)and(2)deliver or otherwise make available to the local government all data,drawings,reports specifications,summaries and other such information,as may have been accumulated by the contractor in performing this contract,whether completed or in process. E. Upon termination,the local government may take over the work and may award another party a contract to complete the work described in this contract. F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations,the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph(c)above. 2. ACCESS TO RECORDS The local government,the Florida Department of Economic Opportunity,the U.S.Department of Housing and Urban Development,the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books,documents,papers,and records of the contractor which are directly pertinent to this contract for the purpose of making audit,examination,excerpts,and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. REMEDIES Unless otherwise provided in this contract,all claims,counterclaims,disputes and other matters in question between the local government and the contractor,arising out of or relating to this contract,or the breach of it,will be decided by arbitration,if the parties mutually agree,or in a Florida court of competent jurisdiction. 5. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000,the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 USC 1857(h),section 508 of the Clean Water Act(33 USC 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 CFR Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 2 2845 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7. SPECIAL EQUAL OPPORTUNITY PROVISIONS A.Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts$10,000 and under.) During the performance of this contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,color,religion, sex,or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color,religion, sex,national origin, disability, age, or genetics. 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. (2) The Contractor shall post in conspicuous places,available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color,religion,sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B.Executive Order 11246(contracts/subcontracts above$10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract,the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color,religion, sex, national origin, disability, age, or genetics. 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 a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration without regard to race,color,religion,sex,national origin,disability,age,or genetics. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) 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. 3 2846 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books,records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and others. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations,or orders,this contract may be canceled,be declared ineligible for further Government contracts in accordance with procedures authorized 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. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of 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 Department may direct as a means of enforcing such provisions, including sections of noncompliance. 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 Department,the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.) (a) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Female participation: 6.9%(statewide) Minority participation(See Appendix at CDBG-25 for goals for each county) These goals are applicable to all Contractor's construction work(whether or not it is federally assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area,it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. 4 2847 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor;employer identification number;estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. (d) As used in this Notice,and in the contract resulting from the solicitation,the"covered area"is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a) As used in these specifications: 1. "Covered area"means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; 3. "Employer identification number"means the Federal Social Security number used on the Employer's quarterly Federal Tax Return,U. S.Treasury Department Form 941. 4. "Minority"includes: (I) Black(all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander (all persons having origins in any of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Island); and (III) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U. S.Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each 5 2848 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs(9)(a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S.Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible,will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organization's responses. 6 2849 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union,or if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs,especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7(b)above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. 7 2850 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (k)Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review,at least annually,of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(9)(a)through(p). The efforts of a contractor association,joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under(9) (a)through (p)of these Specifications provided that the Contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 8 2851 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations,or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (16)The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee,the name,address,telephone numbers,construction trade,union affiliation,if any,employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee,helper,or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form. However, to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records. (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non-Seated Facilities(over$10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments,and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder,offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification,the term"segregated facilities"means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods),it will: (1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors(except if the proposed subcontractors have submitted identical certifications for specific time periods): 9 2852 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race,color,national original,or sex be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training,Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 170lu(section 3).The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 10 2853 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (5) The contractor will certify that any vacant employment positions,including training positions,that are filled(1) after the contractor is selected but before the contract is executed, and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). G. Section 503 Handicapped(Contracts$2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,and selection for training,including apprenticeship. (2) The Contractor agrees to comply with the rules,regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding,that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973,and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules,regulations,or orders of the Secretary issued pursuant to Section 503 of the Act, 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 Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 11 2854 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... H. Age Discrimination Act of 1975 No person in the United States shall, on the basis of age, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY,OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents,no member of the governing body,and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 9. UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE) The Contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award,the Contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: ➢ Florida Department of Management Services,Office of Supplier Diversity, ➢ Florida Department of Transportation(construction services,particularly highway), ➢ Minority Business Development Center in most major cities,and ➢ Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 10. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act,Copeland Act,and Contract Works Hours&Safety Standards Act)The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 12 2855 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein;provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits, therefore, only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives,and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division,employment Standards Administration,U. S.Department of Labor,Washington,D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event that the Contractor,the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits,where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(b)(ii)or(iii)of this paragraph,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 13 2856 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside,in a separate account,assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (2) Withholding. HUD or its designee 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 the Contractor under this contract or any other federal contract with the same prime contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may, after written notice to the Contractor, sponsor, applicant, or owners,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor,disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis- Bacon Act contracts. (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949,in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B)of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B)of the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). 14 2857 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (b) (i) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract,but if the agency is not such a party,the Contractor will submit the payrolls to the applicant,sponsor,or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (ii) Each payroll submitted shall be accompanied by a"Statement of Compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(1)and that such information is correct and complete; (2)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph A(3)(b)(ii)of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection,copying,or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available,HUD or its designee may,after written notice to the Contractor,sponsor, applicant,or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 15 2858 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (4) (a) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program,shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S.Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the 16 2859 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (6) Subcontracts. The Contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination,Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of Eli ig bili1y. By entering into this contract,the Contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions",provides in part "Whoever, for the purpose of... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than$5,000 or imprisoned not more than two years, or both." 17 2860 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (11) Complaints. Proceedings. or TestimonLy Employ. No laborer or mechanic to whom the wage, salary,or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" and "mechanics"include watchmen and guards. (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 subparagraph(1)of this paragraph,the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition,such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in subparagraph(1)of this paragraph,in the sum of$10 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 subparagraph(1)of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 contract, 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 subparagraph(2)of this paragraph. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph(1)through(4)of this paragraph 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 subparagraphs(1)through (4)of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous,or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 18 2861 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS A. Contracts with Two Wage Decisions If the contract includes two wage decisions,the Contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision)or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll,reflecting each worker once,may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However,where a job classification is not listed in a wage decision and is needed for that portion of the work,the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the Contractor may pay the higher of the two rates and submit one payroll,if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the "Rates"and"Fringe Benefits"(if any)columns of the applicable wage decision. (2) The Contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates" and "Fringe Benefits" columns. (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example,contractor payments for FICA or unemployment insurance are not a fringe benefit. However, contractor payments for health insurance or retirement are a fringe benefit. Generally,a fringe benefit is bona fide if(a)it is available to most workers and(b)involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision,the requirement of the Davis-Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly,a worker generally must be paid 150%of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime;the Contract Work Hours Act contains the overtime requirement and uses"basic rate of pay" as the base for calculation,not the minimum rates established by the Davis-Bacon and related acts.) 19 2862 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. D. Deductions Workers who have deductions,not required by law,from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount,which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease,no revision to the original authorization is needed. Court-ordered deductions,such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker,the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s)required. In some instances,the State agency may allow the use of a similar classification in the wage decision. Otherwise,the Contractor and affected workers must agree on a minimum rate,which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S.Department of Labor(USDOL)must approve the proposed classification and rate. The Contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the Contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80%of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore,a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However,foremen and other supervisory personnel who spend less than 80%of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s)based on the work performed. G. Sole Proprietorships/Independent Contractors/Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature,the worker is subject to the labor standards provisions in this contract.For example,if John Smith is the owner of ABC Plumbing and performs all plumbing work himself,then Mr.Smith is subject to the labor standards provisions,including minimum wages and overtime. His status as"owner"is irrelevant for labor standards purposes. 20 2863 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. If a worker meets the IRS standards for being an independent contractor,and is employed as such,this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers,they are subject to the labor standards provisions in this contract,including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed,number of regular hours worked,and number of overtime hours worked. H. Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes,the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program,then the worker must be classified according to duties performed. This procedure may require classification in the"trade"depending on tools used,or as a laborer if specialized tools of the trade are not used. The Contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal apprentice program,the worker must be classified according to duties performed and tools used. Appendix Minori . Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b) of the CDBG Supplemental Conditions. These are contractor workforce goals,not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement with which the Contractor must document compliance. Tampa-St.Petersburg Area Percentage Hillsborough,Pinellas,Pasco 17.9 Charlotte,Citrus,Collier,DeSoto, 17.1 Hardee,Hernando,&Highlands (all seven) Lee 15.3 Manatee 15.9 Polk 18.0 Sarasota 10.5 21 2864 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions 10/1/2011 (Construction Contracts) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Tallahassee Area Leon,Wakulla 24.3 Calhoun,Franklin,Gadsden,Jackson, 29.5 Jefferson,Liberty,Madison,&Taylor (all eight) Pensacola-Panama Ci. Area Bay 14.1 Escambia, Santa Rosa 18.3 Gulf,Holmes,Okaloosa, 15.4 Walton,&Washington (all five) Jacksonville Area Alachua 20.6 Baker,Clay,Duval, 21.8 Nassau,& St.Johns (all five) Bradford,Columbia,Dixie,Gilchrist 22.2 Hamilton,Lafayette,Levy,Marion, (all 11) Putnam, Suwannee,&Union 22 2865 EXHIBIT N Affidavit Attesting to Noncoercive Conduct for Labor Services (Section 787.06, Florida Statutes) 2866 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Adventure Environmental, Inc Vendor FEIN:65-0768539 Vendor's Authorized Representative: Gregory Tolpin, Vice President (Name and Title) Address: 160 Georgia Avenue City: Tavernier State: FL Zip: 33070 Phone Number: (305) 321-5669 Email Address: Grego_4aei.com As a nongovernmental entity executing,renewing,or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Gregory Tolpin who is authorized to sign on behalf of the ab ve referenced company. Authorized Si natur : ,, Print Name: Gregor Toffiiri' Title: Vice President 2867 EXHIBIT O County Forms 2868 COUNTY FORMS AFFIDAVIT By signing this Affidavit, Adventure Environmental, Inc ,has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Lobbying and Conflict of Interest Statement, Drug-Free Workplace Statement,Vendor Certification Regarding Scrutinized Companies List,Non-Collusion Statement, Foreign Countries of Concern,and Common Carrier as set forth below. 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, proposal, or reply on contracts to provide any goods or services to a public entity, may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids,proposals,or replies on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The CONTRACTOR mcertifies and agrees that CONTRACTOR nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Ethics Clause By signing this Affidavit,the CONTRACTOR warrants that it has not employed,retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee inviolation of Section 2-150,Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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 pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. Drug-Free Workplace In accordance with the Section 287.087, Florida Statutes, preference shall be given to businesses with drug- free workplace programs.Whenever two or more bids or replies that are equal with respect to price,quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug-free workplace program. CONTRACTOR,in accordance with Section 287.087,Florida Statutes,hereby certifies that CONTRACTOR shall: 1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2869 The person authorized to sign this Affidavit certifies that LESSEE complies fully with the above requirements. Vendor Certification Regarding Scrutinized Companies Lists CONTRACTOR agrees and certifies compliance with the following: 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 Terrorism Sectors List which were created pursuant to Section 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of CONTRACTOR, I hereby certify that the company identified above as "CONTRACTOR " 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 Terrorism Sectors 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 immediately, 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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria. CONTRACTOR has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Note: The List are available at the following Department of Management Services Site: ➢uVV 7.//VVV . a u'+.uVn tl��DVu4 a��.u,�DUVn/��uu<+uuu <+<+ (212�!a�Vwns/sla le pi Elu iis< uu�Ae11udor +l!isPeu ded dk �ru ffluQii�wa..cogg2p auws vendor Vum Non-Collusion Affidavit CONTRACTOR by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONTRACTOR,the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so; the prices in this bid 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 bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. Foreign Countries of Concern The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form") is required by Section 287.138,Florida Statutes,which is deemed as being expressly incorporated into this Form.The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid,proposal, quote, or other response, or otherwise entering into a contract with the County. If being awarded the Contract, or otherwise entering into the Contract, would grant Contractor access to an individual's personal identifying information, pursuant to Section 287.138, Florida Statutes, the undersigned, on behalf of Contractor,hereby certifies,represents,and warrants that Contractor is not affiliated with a foreign country of concern,as such countries are identified in Section 287.138(l), Florida Statutes. The undersigned additionally certifies, 2870 represents, and warrants that: (A) Contractor is not owned by a foreign country of concern; (B)the government of a foreign country of concern does not have a controlling interest in Contractor; and (C) Contractor is not organized under the laws of nor has its principal place of business in a foreign country of concern. Entity is in compliance with the requirements of Section 692.204,Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a),Florida Statutes),if applicable. Common Carrier If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention, removal,or departure of the person from this state or the United States. THE STATEMENTS CONTAINED IN THIS AFFIDAVIT ARE TRUE AND CORRECT,AND MADE WITH FULL KNOWLEDGE THAT MONROE COUNTY RELIES UPON THE TRUTH OF THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN AWARDING CONTRACTS FOR SAID PROJECT. UNDER PENALTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AFFIDAVIT.PURSUANT TO THE AUTHORITY GRANTED TO THE UNDERSIGNED BY CONTRACTOR, THE UNDERSIGNED HEREBY ACKNOWLEDGES, AFFIRMS, AND MAKES THE ABOVE SWORN CERTIFICATIONS ON BEHALF OF CONTRACTOR. [SIGNATURE PAGE TO FOLLOW] 2871 CONTRACTOR.,, / Na Ti fl c: COUNTY OF IMP Ile , Dd' g, 11 g msinimcnt va s":acknowledged ged before sne,by means ol '� flat . _ __ :.m ....,. a e.....;> N + o 1 d pet known to,�n air has 1 Florid produced a ��r / ,[Notary Seaij Si gnat 5'e C1fN, Horly of Fla % 3r �af Ga��� Notary, .. cam ►0 IjO 32�5406: 202, r � ,. -. of .' K ��MfrYMY „ �•.-�,,. � � /i// rrr /iiiiiii r ,,,, ri ����w , .,,,/.. ,. /„rrrr ,�, .r_� ✓„ r�/// , /i/ / /� //, / /i �/ �% ri ✓;, ,,, %/, rc; ✓ r i r � //irrr � ��� / %�����/ ,,,,,,,, .../ii /i .:/ ,,,,rill%- � ,r,.✓i / � � / /��r�/// r %%%% r � / / r / / / r r rr ,err / / / / f / � r / / / r / / / r/ / 2872