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HomeMy WebLinkAboutItem O06COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: 06 26-0358 BULK ITEM: Yes DEPARTMENT: Resilience Office TIME APPROXIMATE: N/A STAFF CONTACT: Rhonda Haag (350) 453-8774 AGENDA ITEM WORDING: Approval of a contract for $2,598,392.00 with LPS Utilities, Incorporated dba, LPS Contracting for the construction of the Duck Key Breakwater Repair and Living Shoreline Project, funded by Florida Department of Environmental Protection Grant #22-FRP-132. ITEM BACKGROUND: This item is submitted for approval of the contract with LPS Contracting for $2,598,392.00 for the repair of the Duck Key breakwater and installation of a living shoreline. The existing breakwater structure built along the shoreline decades ago provided much needed protection from storm surge and high winds, protecting the homes from catastrophic damage. However, Hurricane Irma was too much for the structure to bear and many of the boulders on the top toppled into the sea. The damaged structure now provides far less protection to homes from coastal erosion, storm surge and flooding. Repairs to the breakwater structure will once again help provide protection from storm surge and high winds as it increases the resilience of the neighborhood. The Duck Key Living Shoreline Project will rebuild and enhance 10,650 linear feet of existing breakwater wall and rehabilitate it as a Living Shoreline which will include natural vegetated aspects from _mangrove plantings, seagrass beds, and other living shoreline applications to reduce climate risks while enhancing habitat and benefiting the Florida Keys Natural Marine Sanctuary, designated as among Florida's Outstanding Waters. The County received a $3,327,266 grant from the Florida Department of Environmental Protection (FDEP) under Grant #22-FRP-132 as part of the Resilient Florida program. There is no match required. Work must be completed by June 30, 2026, to qualify for reimbursement from FDEP. Partial completion of work will qualify for reimbursement. PREVIOUS RELEVANT BOCC ACTION: 08/17/22: Resolution approving the list of Monroe County's capital and planning grant applications for the "Resilient Florida" grant program in 2022. 09/20/23: Approval to enter into a $3,327,266.00 Grant Agreement #22-FRP-132, with $0 match, for the Duck Key Living Shoreline resilience work with the Florida Department of Environmental Protection (FDEP) and authorization for the County Administrator to execute the grant. 10/18/23: Approval to enter into a $236,483 Task Order #7 to design and permit the Duck Key Living Shoreline Project with WSP USA Environment & Infrastructure Solutions, Incorporated (formerly Wood) under the Category C on -call Resilience and Environmental Engineering Services contract; funded by FDEP Resilient Florida Grant #22-FRP-132. 11 / 19/24: Approval of Amendment # 1 to Grant #22-FRP-132, containing updated Attachments and Exhibits as required by FDEP, to the Duck Key Living Shoreline Resilience Grant with the Florida Department of Environmental Protection. 10/15/25: Approval to advertise a Request for Proposals for the Duck Key Living Shoreline and Breakwater Repair Project, funded by Florida Department of Environmental Protection Grant #22-FRP- 132 under the Resilient Florida program. 01/28/2026: Approval to negotiate in rank order for the Duck Key Breakwater Repair and Living Shoreline Restoration Project in Duck Key, funded by Florida Department of Environmental Protection (FDEP) Grant #22-FRP-132. Available grant funds are $2.6 Million. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract - Duck Key LPS (2-18-26) Attorney Stamped Exhibit A — Duck Key Revised Plans 12/31/25 Exhibit B — Duck Key Breakwater Environmental Report FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: June 30, 2026 Total Dollar Value of Contract: $2,598,392.00 Total Cost to County: $0 Current Year Portion: $2,598,392.00 Budgeted: Yes Source of Funds: Grant #22-FRP-132 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: May require some maintenance, which can be funded through an assessment. Revenue Producing: No If yes, amount: Grant: No County Match: None Insurance Required: Yes — COI to be provided prior to issuance of the Notice to Proceed AGREEMENT Between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS and LPS UTILITIES, INCORPORATED DBA, LPS CONTRACTING for the DUCK KEY BREAKWATER REPAIR AND LIVING SHORELINE PROJECT AGREEMENT Made as of the 18th DAY OF FEBRUARY 2026. 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: LPS Utilities, Incorporated DBA, LPS Contracting P.O. Box 510802 Key Colony Beach, Florida 33050 For the following Project: Duck Key Breakwater Repair and Living Shoreline Restoration Project, Monroe County, Florida This Agreement represents one of the Resilient Florida Shoreline protection projects approved by the Monroe County BOCC, the public purpose of which is to improve the resilience of the Duck Key area and water quality in Monroe County. Scope of the Work 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 damage. 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 The Contractor shall 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 If;;;;xlhiilbiit A Ilf rawiiings and detailed in II:::::°:xlhiilbiit C 11 eclhirniicall Specifications. The purpose of the project is to repair and adapt the existing breakwater along Duck Key outlined in Ilf;;;;;xhiiilbiit Ilf Ilf;;; ngiiineeriing and Ilf;;;:collloglcalll Report. 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. The breakwater is approximately two miles of riprap secured with rebar. The breakwater system serves to protect residential infrastructure, roadways, and canals. Repairing and adapting the breakwater will restore the breakwater's effectiveness and prevent future flooding and damage to the Duck Key community. The repair activities are hybrid solutions to the repair of the breakwater to its original state and improve efficiency. The project includes retrofitting and stabilizing the existing breakwater system to a consistent crest elevation using appropriately sized armor stones and eliminating hazards associated with the current breakwater system. In addition, the project includes improving the water quality through the addition of a flushing feature. This feature is expected to enhance circulation and reduce stagnation within the interior canal system. Furthermore, the project aims to support ecological function by incorporating mangrove planting and establishing habitat areas for seagrass and other marine species. All construction activities will be performed in accordance with the Florida Fish and Wildlife Conservation Commission (FWC), standard manatee conditions for in -water work and the National Oceanic Atmospheric Association (NOAA) Fisheries construction conditions for sea turtle and small tooth sawfish. 3. General Requirements A. Construction work times shall be limited to: 8AM to 6PM Monday -Friday, excluding holidays B. The Contractor needs to be aware of weather and location and plan accordingly. 2 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 m„11.1b.1it,,,,,,,,,,,,,, . 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. 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 the Contractor 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 its subcontractors. The Contractor shall submit copies to WSP prior to the Notice to Proceed. The Contractor's license shall accompany proposal. 2. The 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. The Contractor shall notify the Sustainability Manager, in any event, in order to not compromise the Owner's right to make appropriate decisions. 4. The Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. 5. The 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 Monday -Friday excluding holidays. The Contractor will need to schedule work shifts typically from 8AM-6PM weekly. Any change to the 3 agreed upon schedule must be obtained in writing with a minimum of 72 hours' advanced notice. 7. Coordination of each day's work shall be done in advance with approval from WSP / Engineer The Engineer is: WSP USA, Incorporated 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, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Not Applicable. 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. Should the Contractor fail to commence Work within the 7-day time period, The Contractor shall be assessed $500.00 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. 4 The Contractor shall accomplish Substantial Completion of the Project within One Hundred Eight (180) calendar days from issuance of the Notice to Proceed OR June 30, 2026, whichever occurs first. 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. All work shall cease on or before June 30, 2026, and no compensation shall be provided for any work performed after that date. Compensation shall be provided for partial completion of work completed by June 30, 2026. 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 Two Million, Five Hundred, Ninety -Eight Thousand, Three Hundred, Ninety -Two Dollars ($2,598,392.00), subject to additions and deductions as provided in the Contract Documents (Illlllllllll:�u�all lii III lii t Ilh°°°III ). 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 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes). The Contractor shall submit to Owner invoices with supporting documentation acceptable to the Office of Monroe County Clerk and 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 Monroe County 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 C.1 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. 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) 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 (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. 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 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon 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 L•] 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, Florida Statutes 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 other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to 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. 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. 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 E 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 submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 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 10 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. The 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 9 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. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. 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, 11 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 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants 12 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. 8) The Contractor will include the portion of the sentence immediately preceding Subparagraph (1) and the provisions of Subparagraphs (1) through (8) in every subcontract or purchase order unless exempted by 13 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. 14 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 15 request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless 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(a_monroecounty-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. IiG: r) Legal Obligations and Responsibilities. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. s) Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. t) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. u) Attestations. 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 (Il::::�:xIhiiIbiit "'C"). 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 17 party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of the Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) the 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 the 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 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. 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) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. aa)lndependent 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. 18 bb)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. Pursuant to Section 448.095: 1) A public agency, Bidder, or subcontractor, who has a good faith belief t hat a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), shall terminate the contract with the person or entity. 2) A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3) A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. cc) 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. dd)Scrutinized Companies. 1) For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Subsection 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: A. 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 Subsection 287.135(5)(a), Florida Statutes; or 19 B. Maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. 2) For Contracts of $1,000,000 or more: A. If the County determines that the Contractor/Consultant submitted a false certification under Subsection 287.135(5), Florida Statutes, the County shall have the option of: i) Immediately 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 Subsection 287.135(5)(a), Florida Statutes; or ii) Maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. B. If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of: i) Terminating the Agreement; or ii) Maintaining the Agreement, at the County's option, if the conditions of Subsection 287.135(4), Florida Statutes, are met. ee)Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). The Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by the Contractor under this Section. The Contractor shall give the County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. The Contractor shall use all diligent efforts to end the Uncontrollable 20 Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional costs as a result of an Uncontrollable Circumstance. The Contractor may only seek a no -cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. ff) No Pledge of Credit. The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. gg)Compliance with Law and License Requirements. In providing all services/goods pursuant to this Agreement, the Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Owner to terminate this Agreement. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. hh)To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the State of Florida, Department of Environmental Protection, 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 Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida's sovereign immunity. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non -acceptance of delivery. Notice shall be sent to the following persons: For Contractor: LPS CONTRACTING P.O. Box 510802 Key Colony Beach Florida 33050 21 For Owner: County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 County Attorney 1111 12t" Street, Suite 408 Key West, Florida 33040 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: 8.1 Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended (for contracts and subgrants in excess of $150,000). The 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) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal agency. The Contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as required to assure notification to the 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 22 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 Il::::�:xlhiilbiit "II::::"" and made a part hereof). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public 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. 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 may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid 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 (7) 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 23 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 (40) 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 29 C.F.R. §5.5(b)(1), the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph 29 C.F.R. 5.5(b)(1), 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 (40) hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1) of. c. Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph 29 C.F.R. 5.5 (b)(2). 24 d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraph 29 C.F.R. 5.5 (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 Subparagraphs 29 C.F.R. 5.5 (1) through (4). e. 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: 1) 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 this part; 2) 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 this part; 3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or 4) Informing any other person about their rights under CWHSSA or this part. 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 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. SAM exclusions can be accessed at www.sam.qov. 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. 25 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. 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 recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,000, the certification, attached hereto as Ilf;;; xlhiiilbiit to this Agreement 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 § 200.323. 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: a. Competitively within a timeframe 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, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. KT7 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. 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: 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. 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. 27 8.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 - CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime Contractor, if subcontractors are to be let, to take the affirmative steps listed in Subparagraphs (i) through (vi) of this section. 8.12 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 28 8.13 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. 8.14 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 8.15 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act Public Law 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 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 The Contractor is bound by any terms and conditions of any applicable Federally Funded Subaward and Grant Agreement between County and the Florida Department of Environmental Protection (Department). 8.18 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 8.19 The Contractor shall hold the Department 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. 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 the Contractor should the Contractor fail to 29 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 the 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 the 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 the Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 the 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 the Contractor shall not exceed the spending cap in this Agreement. ARTICLE 9 INSURANCE REQUIREMENTS 9.1 WORKERS' COMPENSATION X_Workers' Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee WC3 _X_ Employers Liability $1,000,000/$1,000,000 /$1,000,000 WCUSLH _X_ US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA _X_ Federal Jones Act Same as Employers' Liability 9.2 GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations 30 • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits: GL4 X_ $2,000,000 Combined Single Limit 9.3 VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Non -owned; and Hired Vehicles Required Limits: VL3 _X_ $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit 9.4 MISCELLANEOUS COVERAGES WL2 X Watercraft Liability $1,000,000 BR1 Builders' Limits equal to the POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 _X_ Liability $1,000,000 per Occurrence/$2,000,000 Agg. ARTICLE 11 Enumeration of Contract Documents 11.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: Exhibit A: Design Drawings Exhibit B: Engineering and Environmental Report Exhibit C: General Conditions Exhibit D: FDEP Agreement No.: 22-FRP-132 Exhibit E: Wage Determination Exhibit F: Byrd Anti -Lobbying Certification Exhibit G: County Attestation Forms Exhibit H: Revised Budget Proposal 31 11.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 11.1.2 The General Conditions are the General Conditions of the Contract for Construction. 11.1.3 The Supplementary and other Conditions of the Contract are those contained in the General Conditions attached as Il::::�:xIhiiIbiit C. The Addenda, if any, are as follows: Number Date Pages Addendum #1 November 4, 2025 1 Addendum #2 November 12, 2025 4 Addendum #3 November 25, 2025 1 Addendum #4 December 2, 2025 6 Addendum #5 December 30, 2025 1 Addendum #6 January 7, 2026 3 10.1.4 The Alternates, if any, are as follows: Alternate No. 1: 32 This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: Kevin Madok, Clerk 3-1 Am M As Deputy Clerk Mayor/Chairman MONFIOE C0UNTVA'"0"NEV8<WFK.* APMOWD AS TO FO" DATE (SEAL) LPS CONTRACTING By: Print Name: Jennifer Wilson Title: President Date: a, m COUNTY OF Mora apc- Subscribed and sworn to (or affirmed) before me, by means of Kphysical presence or El online notarization, on 2 , 'W - ?-(o (name of affiant). or has produced identification) as i,4 -ntifi cation. 1101 By: Notary Public Print Name 33 (date) by He/She is personally known to me (type of My commission expires -7 - Z<o —;—,'7 ATTACHMENTS Exhibit A: Design Drawings Exhibit B: Engineering and Environmental Report Exhibit C: General Conditions Exhibit D: FDEP Agreement No.: 22-FRP-132 Exhibit E: Wage Determination Exhibit F: Byrd Anti -Lobbying Certificate Exhibit G: County Attestation Forms Exhibit H: Revised Budget Proposal 34 EXHIBIT C GENERAL CONDITIONS DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL SECTION 00300 - SCOPE OF WORK 1.0 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings (Exhibit Design Drawings) and detailed in the Technical Specifications included in this Proposal Package. 1.1 SCOPE OF WORK The purpose of the project is to repair and adapt the existing breakwater along Duck Key (see Exlhilbltf Engineering and Ecological Report). 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. The breakwater is approximately two miles of rip - rap secured with rebar. The breakwater system serves to protect residential infrastructure, roadways, and canals. Repairing and adapting the breakwater will restore the breakwater's effectiveness and prevent future flooding and damage to the Duck Key community. The repair activities are hybrid solutions to repairing the breakwater to it's original state and improving the efficiency. The project includes retrofitting and stabilizing existing breakwater system to a consistent crest elevation using appropriately sized armor stones and eliminating hazards associated with the current breakwater system. In addition, the project includes improving the water quality through the addition of a flushing feature. The feature is expected to enhance the circulation and reduce stagnation within the interior canal system. Furthermore, the project aims to support ecological function by incorporating mangrove planting and establishing habitat areas for seagrass and other marine species. All construction activities will be performed in accordance with the Florida Fish and Wildlife Conservation Commission (FWC), standard manatee conditions for in - water work and the National Oceanic Atmospheric Association (NOAA) Fisheries construction conditions for sea turtle and small tooth sawfish. 1.2 INTENT OF THE SPECIFICATIONS The intent of these specifications is to describe the materials and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. Drawings, specifications, and contract documents are complimentary, and what is required by one shall be as binding as if required by all. SCOPE OF WORK 00300-Page 60 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL 1.2.1 LAYING OUT THE WORK A. The Contractor shall be responsible for establishing all lines and grades together with all reference points as required by the various trades for all work under this Contract. B. The Contractor shall provide all labor and instruments and all stakes, templates, and other materials necessary for marking and maintaining all lines and grades. The lines and grades shall be subject to any checking that WSP may decide necessary. C. No separate cost item is provided for laying out the work, the cost of which shall be included in the unit prices for items in the proposal. 1.2.2. SAFETY OF STRUCTURES A. The prosecution of the work shall ensure the stability of subaqueous utility crossings, buried and overhead utilities, parallel runs, utility poles and lines, guys and anchors, culverts, pipes and other structures or trees and vegetation or existing slope protection lying on or adjacent to the site of the work, insofar as structures may be jeopardized by repair operations. The Contractor shall be responsible for repair of damage resulting from construction operations. 1.2.3 CONTRACTOR'S OFFICE A. The Contractor shall provide and maintain an office with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. 1.2.4 DAMAGE TO EXISTING STRUCTURES, UTILITIES AND LANDSCAPING A. The Contractor shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. The Contractor shall also be responsible for and make good all damage to homeowner docks of any type, seawalls, boats, fencing, and any other appurtenances, at the Contractor's sole expense. It is anticipated that the homeowners will be responsible for boat removal prior to commencement of work. B. The Contractor shall produce a pre -construction and post constructions video to document the existing and rehabilitation conditions. The documentation shall utilize a high -resolution digital video camera with extended still frame capability. The documentation shall record surface features located within the construction zone including, but not limited to, staging area, and any other permanent or temporary structures within the project footprint. The documentation shall provide audio recording documenting the orientation, location, and description of features. The documentation shall accompany a written log which documents the SCOPE OF WORK 00300-Page 61 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL aforementioned items and shall contain bright, sharp pictures with accurate colors and shall be free from distortion or any other significant picture imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. The construction shall not proceed until the County and WSP have reviewed the documentation and notified the Contractor of its acceptability. C. Information shown on the Drawings as to the location of existing utilities has been prepared by the most reliable data available to WSP. This information is not guaranteed, however, and it shall be this Contractor's responsibility to determine the location, character and depth of any existing utilities. The Contractor shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. The Contractor shall be responsible for and make good all damage to pavement, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. D. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs endangered by the work. Where maintained shrubbery, grass strips or area within the right-of-way must be removed or destroyed incident to the construction operation, the Contractor, after completion of the work, must replace or restore at the Contractor's sole expense to the original condition all destroyed or damaged shrubbery, grass areas or pea rock areas. The Contractor must leave the area in a clean and workmanship condition. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with tree paint. Care of trees, shrubs and grass shall be considered incidental and cost shall be included in the bid price of the items listed in the bid. 1.2.5 SUBSURFACE INVESTIGATION A. The Contractor shall be responsible for having determined to its satisfaction, prior to the submission of his bid, the nature and location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrata or site conditions will not be allowed. 1.2.6 PROJECT SIGNS A. Two signs shall be constructed, installed and removed by the Contractor. The signs shall be constructed on 4' x 8' x 3/4" exterior plywood and readable at eye level. The colors to be used are white for the background and black for all lettering. SCOPE OF WORK 00300-Page 62 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL All paint shall be rated outdoor enamel. The Monroe County seal will be supplied by the Chief Resiliency Officer at no cost to the Contractor. The exact sign locations shall be determined prior to beginning work by WSP/Engineer. 1.2.7 MAINTENANCE OF TRAFFIC A. The Contractor shall be responsible for the proper maintenance, control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of either the Florida Department of Transportation (FDOT) or Monroe County, within their respective areas of jurisdiction. It shall be the Contractor's responsibility, as Bidder, prior to submitting its Bid, to determine the requirements of these agencies so that its Proposal reflects all costs to be incurred. No claims for additional payment will be considered for costs incurred in providing the proper maintenance, control, detour and protection of traffic. The Contractor will be required to submit a Maintenance of Traffic (MOT) Plan to WSP/Engineer for approval prior to commencement of field activities. The Contractor will only be allowed to transport project -related materials to and from the site from 8AM to 6PM M-F, excluding holidays. B. Traffic shall be maintained at all times where practical and as more particularly specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the traffic control agency having jurisdiction. The Contractor shall notify such agencies 48 hours in advance of such time he proposes to detour traffic. C. The Contractor shall keep the County Sustainability Manager, WSP/Engineer, all law enforcement, fire protection and ambulance agencies informed, in advance, of its construction schedules, and shall notify all such agencies 48 hours in advance, in the event of detour of any roadway. D. All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. E. Construction shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 1.2.8 PROTECTION OF WORK A. The Contractor shall protect its work throughout its length of the project by the erection of temporary fencing with privacy screening. It shall further illuminate its work at night by the maintenance of suitable lights or flares. It shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out its work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. SCOPE OF WORK 00300-Page 63 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL 1.2.9 EROSION CONTROLS A. The Contractor shall be required to implement best management practices within the staging area(s) to control all stormwater runoff. The Contractor shall review/modify the Proposed Erosion and Sediment Controls presented on the Drawings (IIf;;; xhiilbiiif ). The modified Erosion and Sediment Control plan shall be sent to Monroe County and WSP/Engineer for review/approval before commencement of construction activities. 1.3 SPECIAL PROVISIONS The following Special Provisions are intended to clarify the Scope of Work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. A. Where the Specifications refer to "Engineer" they shall be deemed to mean "County's Engineering Consultant, WSP" or designee for this project. The terms "Project Manual", "Specifications" and "Specification" are interchangeable, and all refer to the collective Sections of which this Section is a part. The terms "Drawings" and "Plans" are interchangeable and refer to the collective assembly of individual plans, details and drawings accompanying the Project Manual and intended to describe and illustrate the work of this project. B. All work shall comply with the most recent construction codes in effect at the time and location of construction. Where codes are in conflict, the more stringent shall govern the work. C. Prior to initiation of construction, turbidity curtains will be deployed to isolate the construction site from adjacent waters. At a minimum, weighted turbidity curtains must be installed around the improvement areas as shown on the project drawings. The turbidity curtains must extend from the water's surface to the bottom. These will remain in place until all construction activity is complete, and turbidity values have returned to preconstruction conditions. The Contractor will implement all necessary turbidity reduction methods in order to meet the State turbidity requirements of 0 NTU increase above background levels in the Florida Outstanding Waters. The County Engineering consultant, WSP, will monitor the turbidity to ensure Contractor compliance. Manatee Special Conditions: a. The Contractor shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water -related activities for the presence of manatee(s). b. The Contractor shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the SCOPE OF WORK 00300-Page 64 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The Contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. c. Siltation barriers shall be installed and shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to or exit from essential habitat. d. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water whenever possible. e. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the Contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet to a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. f. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" at 1-800-DIAL FMP (1-800-342- 5367). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for North Florida or Vero Beach (1-561-562-3909) in South Florida. D. Threatened and Endangered Species Observations a. Prior to the initiation of construction activities, an adequately trained wildlife spotter will confirm that the project area is free of all potential threatened and endangered (T&E) species. The Contractor will provide an adequately educated spotter including an in -water spotter to ensure that marine life is not harmed by the proposed action with special attention being paid to the presence or absence of the smalltooth sawfish. Once the professional spotter has confirmed that there are no T&E species located within the project area, the Contractor will prepare the project area by installing the remaining best management practices, such as turbidity barriers, as prescribed in the associated construction plans. b. Not only will turbidity barriers prevent the movement of turbid water into the FKNMS, but the barrier will also prevent T&E species from entering into the project area during the construction phase of the project. In addition to the aforementioned measures, all construction activities will be performed in accordance with the Florida Fish and Wildlife SCOPE OF WORK 00300-Page 65 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL Conservation Commission (FWC) standard manatee conditions for in - water work and the National Oceanic and Atmospheric Association (NOAA) Fisheries construction conditions for sea turtles and smalltooth sawfish. END OF SECTION 00300 SCOPE OF WORK 00300-Page 66 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL GENERAL REQUIREMENTS Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 00990 Special Conditions Section 01010 Summary of Work Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01400 Quality Control Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post -Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties GENERAL REQUIREMENTS Page 101 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 102 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 103 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 104 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 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 with 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 105 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL then or thereafter due to 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 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, the 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 the 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 106 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 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. Additionally, 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 107 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received, or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The County and/or the Engineer/WSP have 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 108 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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. 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 109 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 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, the 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 block -outs, cut-outs, 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, cut-out opening, or other hole in any fire -related floor, ceiling, wall, security wall, or any other finished surface. GENERAL CONDITIONS OF CONTRACT 00750-Page 110 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or 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 in 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, the 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 the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of the Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) the 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 the 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 111 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 the 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. The 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 Documents, 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 112 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL will be in accordance with the Contract Documents. However, WSP/Engineer or the 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 The 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 the 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 the Sustainability Manager and shall contemporaneously provide the same communications to 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 the 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 Contractors into a Project Application for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application for Payment, along with the applicable Contractors' Applications for Payment, will be processed by the 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 the 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 the Sustainability Manager. Subject to review, the 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 shall have the 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 the 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 nor the 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 the 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 113 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 the 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 The Sustainability Manager will prepare Change Orders and Construction Change Directives, in consultation with WSP/Engineer. 4.6.14 Following consultation with WSP/Engineer, the 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 WSP/Engineer shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by WSP/Engineer to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of the 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, the Sustainability Manager will endeavor to secure faithful performance by both the 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 114 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 4.6.20 The 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, 16`" 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. The Sustainability Manager will promptly investigate such conditions, and the parties will follow the procedure in Subparagraph 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 the Sustainability Manager, (2) a written order for a minor change in the Work issued by WSP/Engineer, (3) failure of payment GENERAL CONDITIONS OF CONTRACT 00750-Page 115 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL by 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 the Sustainability Manager for review by the Owner and the 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. The Sustainability Manager will promptly reply to the Contractor in writing stating whether or not the Owner or the Sustainability Manager, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the 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 the Sustainability Manager has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner or the Sustainability Manager has made reasonable objection. GENERAL CONDITIONS OF CONTRACT 00750-Page 116 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 5.2.3 If the Owner or the 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 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 the 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 the 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 the Sustainability GENERAL CONDITIONS OF CONTRACT 00750-Page 117 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate its 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 to be completed or partially completed construction by the Contractor 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, it shall, within (72) hours of the occurrence of the cause of the delay, notify the Sustainability Manager in writing, of its 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 the 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, it 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, it shall have no claim against the Owner or the Sustainability Manager for an increase in the Contract price, nor a claim against the Owner or the 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 118 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL interruptions to, or suspension of, its work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the 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; GENERAL CONDITIONS OF CONTRACT 00750-Page 119 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; 4 or by method provided in Subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Subparagraphs 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 the Sustainability Manager. The daily force account forms shall identify the 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 the Sustainability Manager with all supporting documentation required by the 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; workers' 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 the 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 the 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 Subparagraph 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 120 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 7.2.5 The Contractor shall furnish to the Owner, through the 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 the Sustainability Manager such as certified quotations or invoices shall be provided by the Contractor to the 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 the 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 the 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 the 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 the 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 121 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence. 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, the Sustainability Manager, or WSP/Engineer, or by any employee thereof, 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 the Sustainability Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the 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 the Sustainability Manager not more than Seventy -Two (72) hours after the commencement of the delay in accordance with Subparagraph 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 Subparagraph 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 Subparagraph 8.1.2, or its 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 122 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 form and supported by such data to substantiate its accuracy as WSP/Engineer may require. This schedule, unless objected to by the 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 its public construction surety bond only. GENERAL CONDITIONS OF CONTRACT 00750-Page 123 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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, 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, the 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 of 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 its 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, the 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 124 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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, 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 the 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 its 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 125 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 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 the 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 the Sustainability Manager. GENERAL CONDITIONS OF CONTRACT 00750-Page 126 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 9.9.2 Immediately prior to such partial occupancy or use, the Owner, the Sustainability Manager, WSP/Engineer and the Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to 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 its knowledge, information and belief, and on the basis of its observations and inspections, the Work has been completed in accordance with the 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 the 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 the 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. GENERAL CONDITIONS OF CONTRACT 00750-Page 127 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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). 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 the 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 the 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, the 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 the 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 the 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 the Sustainability Manager in writing. The Owner, GENERAL CONDITIONS OF CONTRACT 00750-Page 128 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 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 Subparagraphs 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 Subparagraphs 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, the 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 129 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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, WSP/Engineer or the 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 the Sustainability Manager as satisfactory evidence of the required insurance, either: GENERAL CONDITIONS OF CONTRACT 00750-Page 130 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL Certificate of Insurance Or A certified copy of the actual insurance policy 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 shall be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County shall 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 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 its 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 GENERAL CONDITIONS OF CONTRACT 00750-Page 131 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 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 effected whether or not final payment has been made. GENERAL CONDITIONS OF CONTRACT 00750-Page 132 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or 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 the 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 102050 Overseas Highway, Ste. 246 Key Largo, FL 33037 13.4 Rights and Remedies County Administrator 1100 Simonton St., Ste. 2-205 Key West, FL 33040 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, 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 thereunder, except as may be specifically agreed in writing. GENERAL CONDITIONS OF CONTRACT 00750-Page 133 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give 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 the cost of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If WSP/Engineer, the Sustainability Manager, the 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 the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to 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 Tests 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 contract are as provided in Subsection 95.11(3)(j), 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; GENERAL CONDITIONS OF CONTRACT 00750-Page 134 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with WSP/Engineer, and upon certification by the 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 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 the Contractor delivered by hand or certified mail, return receipt requested, of its intent to terminate and the date on which such termination becomes effective. The Contractor shall cease work as directed. In such case, the 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 135 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 the 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 httD://www.aDo.aov/about/bookstore.htm GENERAL CONTRACTOR REQUIREMENTS SAFETY PROGRAM Each Contractor and sub -contractor are to demonstrate that they have 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 136 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 instruct its 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 137 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 138 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.8 REPORTS 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 shall be furnished with 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. 2.4 COMMUNICATION AND TRANSPORTATION Prior to the start of work, the Contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. 2.5 FIRST AID AND MEDICAL REPORTS The Contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include -- PROJECT SAFETY AND HEALTH PLAN 00970-Page 139 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses; (b) Cumulative record of injury for each individual; (c) Monthly statistical records of occupational injuries classified by type and nature of injury; and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.6 EMERGENCY LISTING A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES: 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. No personal radios or stereos will be allowed on the jobsite. 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 140 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 4.0 PERSONAL PROTECTIVE EQUIPMENT: 4.1 HARDHAT AREAS The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Contractor shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Contractor at entries to shops, construction yards, and job access points. 4.3 SAFETY GOGGLES (DRILLERS) 4.3.1 DRILLERS AND HELPERS. Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT: 5.1 SAFE CONDITION Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators. 5.2 TAGGING AND LOCKING The controls of power -driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. PROJECT SAFETY AND HEALTH PLAN 00970-Page 141 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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. 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) PROJECT SAFETY AND HEALTH PLAN 00970-Page 142 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 to the Contracting Officer. 5.4.2 PERFORMANCE TEST —POWER CRANES (Crawler mounted, truck mounted, and wheel mounted) The performance test is to be carried out as per ANSI requirements. The test is to consist of raising, lowering, and braking the load and rotating the test load through 360' 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 (including 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 Subparagraphs 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the Contracting Officer with 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 143 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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. 5.5.2 EQUIPMENT REQUIRING ROLLOVER PROTECTION STRUCTURES (ROPS) The requirement for ROPS meeting Subparagraph 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 and 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 Job Hazard Analysis (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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 144 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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. Multiple lift plans shall be used 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 hoisting. Changes affecting crane configuration and/or location may require the Crane Lift Plan to be amended. The Contractor is responsible for visiting 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 for obtaining all information that is necessary to develop a power line safety plan. The Contractor is responsible for training 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 Assembly/Disassembly (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 Crane Certification Association of America (CCAA). PROJECT SAFETY AND HEALTH PLAN 00970-Page 145 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL • 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 the Contractor, subcontractors and Monroe County. No warranty or certification of the suitability of this plan is made by Monroe County. It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. 6.0 LADDERS AND SCAFFOLDING: 6.1 LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring the 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 146 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 its work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed (d) To continuously supervise and inspect the work being performed to ensure 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, WSP/Engineer or the 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 the 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 that 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, the 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 PROJECT SAFETY AND HEALTH PLAN 00970-Page 147 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, WSP/Engineer and the 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 the 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 the 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 the 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. PROJECT SAFETY AND HEALTH PLAN 00970-Page 148 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 Subparagraphs 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 Subparagraphs 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, the 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. 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 149 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 the Quality Control Representative. 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 150 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.3 INSPECTION AND TESTING A. INSPECTION PLAN The 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: Preparatory Inspection —Prior to commencing the work, the Contractor's Quality Control Representative will meet with the 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 operation 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 the 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 151 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL Additionally, as 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 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 for recording 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 of 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 representative, WSP/Engineer will coordinate and witness all such tests. CONTRACTOR QUALITY CONTROL PLAN 00980-Page 152 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 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 inspection steps 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 the Contractor's Daily Report and, as needed, the 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 the 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 notation for any 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 153 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 the Sustainability Manager. 1.5 AUDITS A. The Sustainability Manager may choose, at her 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, maximize production and insure that the finished product is one in which the entire construction team can take pride. These goals can be achieved by giving the Owner exactly what it 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 154 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL SECTION 00990 - SPECIAL CONDITIONS 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. The 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. The 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. The Contractor shall make such field visits or investigations as are necessary to prepare an accurate and complete bid. Claims for extra work or expense after bid closing which are due to reasonably foreseeable circumstances shall be denied and shall remain at 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 the 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 the 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 155 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL SECTION 01010 - SUMMARY OF THE WORK Project Overview The purpose of the project is to repair the breakwater and add a living shoreline 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 Living Shoreline system will provide environmental benefits to the Florida Keys National Marine Sanctuary, designated as among Florida's Outstanding Waters. The project includes grading, native upland vegetation, wetland vegetation, and shoreline stabilization to provide protection from storm surge, waves, and sea level rise. 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 its subcontractors. The Contractor shall submit copies to the Sustainability Manager prior to notice to proceed. Contractor's license shall accompany proposal. 2. The Contractor shall 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. The Contractor shall notify the Sustainability Manager, in any event, in order to not compromise the Owner's right to make appropriate decisions. SUMMARY OF THE WORK 01010-Page 156 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 4. The Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of its work progression. 6. The Contractor shall not store materials, tools or debris in areas of the project site without written permission. The Contractor shall provide suitable storage containers and be responsible for disposal off -site of all debris and trash. 7. The Contractor shall coordinate with the Owner's representative on available hours for Job Site access. The Job site will have limited 8AM - 6PM work hours. 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 hours advanced notice. 8. Coordination of each day's work shall be done in advance with approval from the County. 1.2 PROTECTION: A. The Contractor shall use every available precaution to provide for the safety of property owners, 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 applications, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. The Contractor shall comply with federal, state and local and owner fire and safety requirements. 3. The Contractor shall advise the Owner whenever work is expected to be hazardous to the Owner's employees and/or operations. 4. The Contractor shall maintain a proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. SUMMARY OF THE WORK 01010-Page 157 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.3 HOUSEKEEPING: 1. The Contractor shall keep materials neat and orderly. 2. The Contractor shall 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. The Contractor shall maintain Fire protection during construction. 5. Housekeeping is required by the Contractor on a daily basis. SUMMARY OF THE WORK 01010-Page 158 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 the Owner's property. B. 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, the Contractor shall notify all pertinent personnel regarding the requirements of this Section. B. The Contractor shall require all personnel who will enter upon the Owner's property to certify their awareness of and familiarity with requirements of this Section. 1.3 SUBMITTALS The Contractor shall maintain an accurate record of names and identification of all persons entering upon the Owner's property in connection with the Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to the Owner daily. 1.4 TRANSPORTATION FACILITIES A. The Contractor shall provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. B. Contractor's vehicles: The Contractor shall require its vehicles, vehicles belonging to its employees, and all other vehicles entering upon the Owner's property in performance of the Work of the Contract to use only the Access Route approved in advance by the Owner. 2. The Contractor shall not permit such vehicles to park on any street or other area of the Owner's property except in the area approved by the Owner as "Contractor's Parking Area." 1.5 SECURITY The Contractor shall 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 159 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 by the Contractor. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit its 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 the Sustainability Manager. B. The Contractor shall submit an updated Construction Schedule and Submittal Schedule and a Partial Release of Lien with each Application for Payment. C. Payment by the County shall be made according to the Local Government Prompt Payment Act (Section 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 (20t") day after submission of the pay request. 4. MONTHLY PAY REQUEST PROCEDURE A. WSP/Engineer shall 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 the requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for the Sustainability Manager to obtain necessary signatures and submit the Project for Final Payment. The 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 APPLICATION FOR PAYMENT 01027-Page 160 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien Also, all warranties and guarantees required by Contract, "As -Built" drawings, including red -lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted in both bound paper and electronic PDF form on CD/DVD by the Contractor prior to final payment. 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 the Monroe County Sustainability Manager. The 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, the Contractor shall submit data justifying the dollar amounts in question. B. The Contractor shall provide one copy of data with a cover letter for each copy of submittal. The Contractor shall indicate Application number, date and line item by number and description. 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Q U ��U a ww z<ag w �LL w U 2 = zO-C7 <F-zU Q LL m U C7 p LU Z Q Q p LL J Q�O+ C9 H�-~w O w ow + ILOfp O° U co w QF- LUO LL E of ❑ LU wLUOz QwU)F 2a O z p O w w a p U) w = F- LU J CL OU) O _p j ~ � w p�WL)+ IL 2a— Oa LL LL p w J w U oQ 2 U Y O 0 coZ O CL U Cn Lu p O Q F z le M N O M N (Q ti N O O DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: TO CONTRACTOR: The Contract is changed as follows: CHANGE ORDER NO: INITIATION DATE: CONTRACT DATE: 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 DIRECTOR: Date COUNTY/DEPUTY ADMINISTRATOR: Date APPLICATION FOR PAYMENT 01027-Page 164 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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: 9 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: 0 Change Order is correcting an error or omission in design document. Yes ❑No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: APPLICATION FOR PAYMENT 01027-Page 165 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 (if used) m DATE 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 CL�1 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 166 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: (Name and address) PROJECT: (Name and address) State of: County of - CONTRACT FOR: CONTRACT DATE: 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). iYY09a];140104 016141n551ago1=114 0 KTQIIaRaII a IN01161 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 ( ) The following supporting documents should be attached hereto: Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. Contractor's Affidavit or Release of Liens. CONTRACTOR: Address: Subscribed and sworn to before me this day of ,20 Notary Public: My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 167 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL TO OWNER: (Name and address) PROJECT: (Name and address) State of County of CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS CONTRACT FOR: CONTRACT DATED: 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 HERETO: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. CONTRACTOR: (Name and address) M (Signature of authorized representative) (Printed Name and Title) Subscribed and sworn to before me this date: Notary Public: (SEAL) My Commission Expires: APPLICATION FOR PAYMENT 01027-Page 168 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 Witness Witness Notary Public My commission expires: Name of Company Signature, Title ,20 APPLICATION FOR PAYMENT 01027-Page 169 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 amount of received Release. contract of the undersigned, as adjusted by all increases and decreases, is in the $ , as of the date of the Partial Release and the undersigned has as payment on the adjusted contract amount as of the date of this Partial 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 Witness Name of Company Witness Signature, Title 120 APPLICATION FOR PAYMENT 01027-Page 170 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. 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 171 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 172 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 PROJECT COORDINATION 01040-Page 173 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 3.1 proceed until unsatisfactory conditions have been corrected in an acceptable manner. Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to 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. 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 174 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 175 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 176 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. 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. 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. FIELD ENGINEERING 01050-Page 177 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1. Record deviations from required lines and levels and advise WSP/Engineer when deviations that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field -engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. FIELD ENGINEERING 01050-Page 178 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. PROJECT MEETINGS 01200-Page 179 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining 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: PROJECT MEETINGS 01200-Page 180 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 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 181 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. SUBMITTALS 01301-Page 182 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.3 SHOP DRAWINGS - Not applicable 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. SUBMITTALS 01301-Page 183 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. 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 184 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. PROGRESS SCHEDULES 01310-Page 185 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within 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 186 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 187 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 188 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 189 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 190 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 191 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL DATE RFI # PROJECT FROM PHONE TO PHONE DESCRIPTION REQUEST FOR INFORMATION (RFI) CONTRACTOR ADDRESS FAX CELL ARCHITECT ADDRESS FAX CELL CONTRACTOR RECOMMENDATION COSTIMPACT RESPONSE NAME DATE NAME DATE REQUEST FOR INFORMATION 01395-Page 192 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. QUALITY CONTROL 01400-Page 193 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.3 RESPONSIBILITIES 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. 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. 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 QUALITY CONTROL 01400-Page 194 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. 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. 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. QUALITY CONTROL 01400-Page 195 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL PART 2 - PRODUCTS (Not Applicable) 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 196 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. TESTING LABORATORY SERVICES 01410-Page 197 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.4 1.5 1.6 1.7 TESTING LABORATORY RESPONSIBILITIES A. B. C. D. E. Test samples of mixes. Provide qualified personnel at the Site. Cooperate with WSP/Engineer and the Contractor in performance of services. Perform specified inspection, sampling, and testing of products in accordance with specified standards. Ascertain compliance of materials and mixes with requirements of the Contract Documents. 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. TESTING LABORATORY REPORTS A. B. After each inspection and test, promptly submit copies of testing laboratory report to WSP/Engineer and Contractor. 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. 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. THE CONTRACTOR RESPONSIBILITIES TESTING LABORATORY SERVICES 01410-Page 198 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 199 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 200 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. 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: 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. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 201 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with 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. 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 202 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 203 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 EIFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association 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 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 204 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL NWWDA National Wood Window and Door Association (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection 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 205 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 TEMPORARY FACILITIES 01500-Page 206 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Upon completion of the Work, remove job signs. C. Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence or barricade of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS: A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by 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 207 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 CONSTRUCTION AIDS 01520-Page 208 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL removing, as the Work progresses, a temporary weather -tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by 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 209 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 210 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 211 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 212 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 213 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 214 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 215 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 216 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 217 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL SECTION 01630 - POST -CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 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. POST CONTRACT SUBSTITUTIONS 01630-Page 218 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL 4. Requested directly by a subcontractor or supplier. 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 219 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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: 91;: ► Lei ►• T:_ I ► Fel ►_MAIA 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 Firm Address Title 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/Proj. Mgmt.: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received IN Date: IN Date: Approved as noted POST CONTRACT SUBSTITUTIONS 01630-Page 220 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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: I:I 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 221 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE PROJECT, MONROE COUNTY, FL SECTION 01640 - PRODUCT HANDLING PART 1--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 222 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 223 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 224 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 225 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 226 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 227 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 228 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 229 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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: 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 230 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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 231 of 234 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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. WARRANTIES 01740-Page 232 of 218 DUCK KEY BREAKWATER REPAIR/LIVING SHORELINE 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'/z x 11" (1 15-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 I nstaller. 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 END SECTION 01740 WARRANTIES 01740-Page 233 of 218 Exhibit D FDEP Grant Agreement 22FRP 132 AMENDMENT NO. 1 TO AGREEMENT NO.22FRP132 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. 22FRP132 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Monroe County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Shoreline 3 Duck Key Living Shoreline (Project), effective October 12, 2023; and, WHEREAS, the Department has requested to add a new deliverable to the Agreement as set forth herein; and, WHEREAS, the parties have agreed to update Attachment 2: Section 7. Match Requirements, Section 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity, and Section 16. Additional Terms to the Agreement as set forth herein; and, WHEREAS, the Department has requested an update to the Performance Measures, Consequences for Non - Performance, Payment Request Schedule, and Project Timeline and Budget Detail in Attachment 3; and, WHEREAS, the Department has requested an update to Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, Attachment 6, Attachment 8, Exhibit A and Exhibit H following updates from the Office of the General Counsel. WHEREAS, other changes to the Agreement are necessary. NOW THEREFORE, the Department and Grantee hereby agree as follows: Section 6. of the Standard Grant Agreement is hereby revised to the following: Department's Grant Manager Name: Andrea Pelton Address: 3900 Commonwealth Blvd, MS4230 Tallahassee, Florida 32399 Phone: 850-245-2186 Email: Andrea.Pelton(�ffloridaDEP.gov DEP Agreement No. 22FR:P1.32, Amendment No. 1, Page I of 3 2. Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A, Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms and Conditions. 3. Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 4. Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 5. Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-A, Revised Public Records Requirements. All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-A, Revised Public Records Requirements. 6. Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5- A, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5, shall hereinafter refer to Attachment 5-A, Revised Special Audit Requirements. 7. Attachment 6, Program Specific Requirements, is hereby deleted in its entirety and replaced with Attachment 6-A, Revised Program Specific Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 6, shall hereinafter refer to Attachment 6-A, Revised Program Specific Requirements. 8. Attachment 8, Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements, is hereby deleted in its entirety and replaced with Attachment 8-A, Revised Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 8, shall hereinafter refer to Attachment 8-A, Revised Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements. 9. Exhibit A, Progress Report Form, is hereby deleted in its entirety and replaced with Exhibit A-1, Revised Progress Report Form, attached hereto and made a part of the Agreement. All references in the Agreement to Exhibit A shall hereinafter refer to Exhibit A- 1, Revised Progress Report Form. 10. Exhibit H, Contractual Services Certification, is hereby deleted in its entirety and replaced with Exhibit H- 1, Revised Contractual Services Certification, attached hereto and made a part of the Agreement. All references in the Agreement to Exhibit H, shall hereinafter refer to Exhibit H-1, Revised Contractual Services Certification. 11. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shell control. DEP Agreement No. 22FR:P1.32, Amendment No. 1, Page 2 of 3 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. MONROE COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY By P Designee Authorized Representative or Desig�� nee Secretary or Designee Mayor Jarnes K. Scholl Alex Reed, Director of the Office of Resilience and Print Name and Title Coastal Protection Print Name and Title - �,��13>ate.' 11 i i�202� Date 11 /25/2024 evid Madok, Clerk ''r"� "i, 5 � - FlP9pROYELB AS Yffi FOftMOFFICE 5�Tk c y ✓ A 1141-2024 v As heoutv Clerk List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Desert tion Attachment 1-A Revised Standard Terms and Conditions (14 paged Attachment 2-.4 Revised Special,Terms and Conditions (3 pages) .Attachment 3-A Revised Grant Work Plan (3 pages) Attachment 4-A Revised Public Records Re uirements 1 e Attachment ' 5-A Revised Special Audit Requirements 6 es Attachment 6-A Revised Pact am S ' ific Requirements 3 a es Revised Contract Provisions for Coirinavirus State and Local Attachment 8-A Fiscal Recovery Funds (SLFRF) Agreements (6 as Exhibit AA Revised Progress Report Form (I page)' Exhibit: It-1 Revised Contractual Services Certification 0 page) a F r t' It*" C5 DEP Agreement No. 22FRP 132, Amendment No. 1, Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-A 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shell begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shell be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and. Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and. Conditions. Attachment :I -A 1 of 14 Rev. 10/1 /2024 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be im�plemernted and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a. CAP within tern (1.0) days of the date of the written request from. Department. The CAP shell be sent to the Department's Grant Manager for review and approval. Within tern (1.0) days of receipt of a. CAP, Department shell notify Grantee in writing whether the CAP proposed has been accepted. I f the CAP is not accepted, Grantee shall a:ve ten (1.0) days from. receipt of Department letter rejecting the proposal to submit a. revised proposed. CAP. Failure to obtairn. Department approval of a. CAP a.s specified above may result in Department's termirna:tiorn of this Agreement for cause as atithorized in this Agreement. ii. U�porn. Department's notice of acceptance of a. proposed. CAP, Grantee shall have tern (1.0) days to commence implementation of tine accepted plan. Acceptance of the proposed. CAP by Department Attachment :I -A 2 of 1.4 Rev. 10/1 /2024 does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. 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, which can be accessed at the following web address: hl-t;it s://www.raayfloridacfo.com/does si%accouxnlin n�fl �ua�flilang Iibr�ri€,s/stet€::;., c1 envies/ret`erence aide for st., exl:aenditaare Wads`. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: I�(t;;:�s://flr;k� or /cortrt�aarai(plcl;raucrag ctrld Of ul:V. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses arithorir,ed by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail fora proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in. accordance with the Grant Work Plan.. g. State Funds Documentation. Pursuant to section 21.6.1366, F.S., if Contractor meets the definition ofa. non-profit organization under section 21.5.97(2)(111), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment :I -A 3 of 1.4 Rev. 10/1 /2024 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: I�(t;,:�s://www.myfloridacl`o.com/division/c c /local t oven�men(s/N�,d em n( ifflcrest rc1les. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salaa/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/IndirectJGeneral and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For grants funded with federal funds, rionconsurnable and/or tionexpendable personal property or equipment costing $10,000 or more purchased for the Project under a. subcontract. is subject to the requirements set forth in 2 CFR 200. The Grantee shell be responsible for maintaining appropriate property records for Amy subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shell comply with this requirement and. ensure its subcontracts issued under this Agreement, if ,any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shell apply: The Grantee may award, on a. competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - Attachment :I -A 4 of 1.4 Rev. 10/1 /2024 price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions Apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the aniount and application of retainage on the work performed. under this Agreement up to the maximum percentage described in. Attaclunent 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of gall deliverables. b. If Grantee fails to perform the requested work or fails to perform the work ina. satisfactory manner, Grantee shell. forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shell provide written notification to Grantee of the failure to perform. Attachment :I -A 5 of 1.4 Rev. 10/1 /2024 that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, ,it Department's discretion, Grantee shall provide a. refund for services that have been. paid for but not rendered. c. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided. under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition. of Agreement services to the subsequent provider(s). This requirement is at a miriimurn ran rflinn,,r:tive obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Attachment :I -A 6 of 1.4 Rev. 10/1 /2024 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shell be deemed to satisfy the thirty (30) days' notice required fora notice of termiriation for convenience. Suspension of work shell not entitle Grantee to ,any additional coinpensation. 1.7. Force Majeure. The Grantee shell not be responsible fordelay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond. Grantee's control, or for Amy of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shell notify Department in writing of the delay or potential delay and describe the cruse of the delay either (I) within ten days after the cruse that creates or will create the delay first Attachment :I -A 7 of 1.4 Rev. 10/1 /2024 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department 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 Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee 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 Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shell be construed to make Grantee liable for force mgJcurc events. Nothing in this Agreement, including financial consequences for noriperfonnamce, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, ,it law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the hike asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shell not constitute or be deemed a. waiver of Department's right thereafter to enforce those rights, nor shell Amy single or partial exercise of Amy such right preclude any other or further exercise thereof or the exercise of any other right. Attachment :I -A 8 of 1.4 Rev. 10/1/2024 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate 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 apublic entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shell be governed by and construed inaccordance with the laws of the State of Florida- d. Any dispute concerning performance of the Agreement shell be processed as described herein. Jurisdiction for any da nages arising under the terns of the Agreement will be in the courts of the Statc, and venue will be in the Second. Judicial Circuit, in and for Leon. County. Except ,is otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terns of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with. Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American. Rescue Plan. Act. Also, this provision does not apply where Attachment :I -A 9 of 1.4 Rev. 10/1 /2024 there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: l�tt:� ://www e1 cl:..g�rv/ir1v,,,;c t/invc,stirag c.rt�erlcc Si, n I . b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.1.35, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized. Companies that Boycott Israel List or is engaged in the boycott of Israel during the teen of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized. Companies with. Activities in Sudan, Scrutinized. Companies with. Activities in the Iran. Petroleum Energy Sector List, or engorged with business operations in Cuba or Syria as identified in. section 287.1.35, F.S. Pursuant to section 287.1.35, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized. Companies with. Activities in Sudtnz. List, or Scrutinized. Attachment :I -A 1.0 of 1.4 Rev. 10/1 /2024 Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hlt;;:�://dos.m Ilorida.com/lik7r�•archives/records m�na xenuent/xeneralrecords schedules�. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a. subrecipient or vendor. For State finsriicitrl trssisttriice, Grantee shall utilize the fora entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form. number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: 1x(I is:\\a M cocon"saa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement ass described herein, Department may periodically request additional proof of a, transaction to evaluate the alppropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs call be found under 2 CFR. 200. The Department may also request a. cost allocation plan in support of its multipliers (overhead, indirect, Attachment :I -A I I of 14 Rev. 10/1 /2024 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Developmental (850) 487-091 S. g. The Grantee shell not be liable for Amy excess costs fora failure to perform., if the failure to perform is caused by the default of a. subcontractor al any tier, and if the cause of the default is completely beyond the control of both. Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a. subsidiary of another corporation or other business entity, Grantee asserts that its parent company will. guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event. Grantee Attachment :I -A 1.2 of 1.4 Rev. 10/1 /2024 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a. copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shell give preference to food commodities grown or produced in this state when purchasing food commodities, including farm. products as defined in section 823.1.4, F.S., of any class, variety, or use thereof in their natural state or is processed. by a. faun operation or processor for the purpose of marketing such product. 42. Anti -human. Trafficking. Attachment :I -A 1.3 of 1.4 Rev. 10/1/2024 If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one -tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment :I -A 1.4 of 1.4 Rev. 10/1 /2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.22FRP132 ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Shoreline 3 Duck Key Living Shoreline. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. G. Land Acquisition. There will be no Land. Acquisitions funded under this Agreement. 7. Match. Requirements There is no matcli required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2-A l of 3 Rev. 6/27/24 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common. Carrier. rr. Applicable to contracts with a. common carrier — firm/person/corporalion that ,is a. regular business transports people or cormnodities from place to place. '.If applicable, Contractor must also fill out and return. PUR 1808 before contract execution. If Contractor is a. common carrier pursuant to section. 908.111(1)(r), Florida. Statutes, the Department will tenniriale this contract immediately if Contractor is found to be in violation of the law or the attestation ill PUR "I 808. b. Applicable to solicitations fora. common carrier— Before contract execution, the winning Contractor(s) must fill out and return. PUR 1808, and attest that it is not willfully providing any service in furtherance of transportinga. person into this state knowing that the person unlawfully present in the United. States according to the terms of the federal Imrnigralio z and. Nationality Act, 8 U.S.C. ss. 1101 et seq. The Attachment 2-A 2of3 Rev. 6/27/24 Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. a. Paragraph 8.j. of Attachment 1 is deleted and replaced with a new paragraph 8.j.: A final payment request should be submitted to the Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, if full or partial funding for this Project is provided by the federal American Rescue Plan Act (State and Local Fiscal Recovery Funds), as administered by the United States Department of the Treasury, a final payment request for any American Rescue Plan Act funding provided by this Agreement shall be submitted to the Department no later than October 31, 2026, unless an extension is granted by the Department in writing, to ensure the availability of funds and adequate time to process payment requests. If the Agreement or Task End Date is extended at any time, this payment request deadline shall still apply. All federal American Rescue Plan Act funds must be fully expended and reimbursed to Grantee Name no later than December 31, 2026, as the funds will no longer be available to the Department after that date. All work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of this Agreement. b. Paragraph 8.i. of Attachment 1 is deleted. Attachment 2-A 3of3 Rev. 6/27/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED GRANT WORK PLAN AGREEMENT NO. 22FRP132 ATTACHMENT 3-A PROJECT TITLE: Monroe County Shoreline 3 Duck Key Living Shoreline PROJECT LOCATION: The Project is located in Unincorporated Monroe County, Florida. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will design, permit and construct the Monroe County Shoreline 3 Duck Key Living Shoreline (Project) to rebuild and enhance 10,650-linear feet of existing breakwater wall and rehabilitate it as a Living Shoreline which will include natural vegetated aspects from mangrove plantings, seagrass beds, and other living shoreline applications to reduce climate risks while enhancing habitat and benefiting the Florida Keys Natural Marine Sanctuary, an Outstanding Florida Waters. The project includes Designing, Permitting and Construction activities. TASKS AND DELIVERABLES: Task 1: Monroe County Shoreline 3 Duck Key Living Shoreline The Grantee will complete the following under this Project: Design and Permitting The Grantee will acquire professional services for the engineering and design of repairs to a breakwater wall, strategic breaks along the structure and a living shoreline to provide protection from storm surge and high wind increasing resiliency of the shoreline behind the breakwater and obtain all necessary permits for construction of the Project. Design and permitting activities may include coastal or civil engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, environmental analyses, orthophotography, plan formulations and other necessary studies for obtaining environmental permits, and other Project -related authorizations. The Grantee will submit all work products to the appropriate local, state, and federal regulatory agencies. The Grantee will perform preconstruction project administration, to include project scope of work determination, planning and development of proposed project(s), design consultant direction and oversight, meetings with design professionals and construction contractor(s) and overall project coordination and supervision. C`.on atrn rfi on The Grantee will construct a living shoreline consisting of structural and nature -based solutions. Installation. of Rock Riprap and mangrove planting will stabilize the shoreline while the strategic breaks along the structure will increase the flushing within the free -flowing canal providing shallow water habitat and elements such as seagrass, sponges and coral out craps will provide additional fish and mammal habitat; all. in accordance with the construction contract documents. Project costs associated with the Construction task include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible activities may include mobilization, demobilization, construction observation. or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance with all local, state, and federal permits. Project Management activities may DEP Agreement. No.: 22FRP1.32 Page l of 3 Rev. 9.9.24 include field engineering services, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Deliverables: The Grantee will submit: • 1.1: All final design documents as signed by a Florida -registered Professional Engineer or other applicable Florida Licensed Professional in responsible charge of the design; • 1.2: A copy of final permit documents from all applicable local, state, and federal regulatory agencies for all permits required for the Project. This should include any permits listed in the original project application and as required by Attachment 8; and • 1.3: A copy of the record (as -built) drawings; 1.4: A Certificate of Completion signed by a Florida -registered Professional Engineer; or authorized individual in responsible charge of project; 1.5: Coordinate final site visit with Department and submit the Closeout Site Visit Form received from assigned Field Agent; and 1.6: Project administration and management report(s) signed by the Grantee's Grant Manager or a Florida -registered Professional Engineer or authorized individual in responsible charge of project. The report(s) must cover the performance period of the task and can be submitted no more frequently than monthly during the performance period of the task. The report(s) must include: o A summary of project administration activities which may also include project and site inspections; o Meeting minutes to all attended meetings, as applicable; and o Field notes, if applicable. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to R(,,,sili(ritl� lc) ida( arrots(e )ll Iot.idaj IEP.„ ,cry on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or non -acceptance of the deliverable(s) to the Grantee within thirty (30) calendar days. Deliverables that the Department determines are not acceptable must be corrected and resubmitted within thirty (30) calendar days prior to the Agreement's Date of Expiration, and in coordination with the Department's Grant Manager. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. All deliverables must be received by the Task Due Date and accepted by the Department on or before the Agreement's Date of Expiration, or the Consequences for Non -Performance set forth herein shall apply. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received and accepted by the Department at one hundred percent (1.00%) completion on or before the Agreement's Date of Expiration, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion. to the percentage of the deliverable(s) not fully completed. For each task deliverable not received by the Department by the specified Task Due Date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) by 5% per calendar day, which will be DEP Agreement. No.: 22FRP1.32 Page 2 of 3 Rev. 9.9.24 imposed until the Department has received the task deliverable. The Consequence for Non -Performance will be applied to and included in the relevant task deliverable's payment request. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A, Progress Report Forms, have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Pro] ect Timeline. For Pro] ects funded with federal American Rescue Plan Act funds, requests for any change(s) must be submitted to the Department prior to October 1, 2024. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. Task No. Task Title DEP Amount Task Start Task Due Date Date I Monroe County Shoreline 3 Duck Key $3 327 266 Upon 06/30/2026 Living Shoreline Execution ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,/............................... ,,,,,,,,,,,,,,,,,,,,,,,,,,, Total: DEP Agreement. No.: 22FRP1.32 Page 3 of 3 Rev. 9.9.24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Public Records Requirements Attachment 4-A 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution and section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.070l(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: L.xibllic.s rvices ii "Iloridad ).,ov Mailing Address: Department of Environmental. Protection ATTN: Office of Ombudsman and :Public Services Public :Records :Request 3900 Commonwealth :Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4-A IofI Rev. 4/8/2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-A The administration of resources awarded by the Department of Environmental Protection (which may he referred to as the 'Department", 'DEP", "EDEP" or "Grantor", or other name in the agreement) to the recipient (which may he referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 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 DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient 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 L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $1,000,000 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 Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. 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 recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $1,000,000 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 recipient resources obtained from other federal entities. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via, the internet ,it wy/conletil/.6sista l'ic" Ityts7 Attachment 5-A 1 of G hiC:1S-DIT 55-215 revived 10/01/24 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, 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. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient 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, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at la;for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h;lt;:�://www.le X.st:ate.fl:us/Welcome/index.cfir�, State of Florida's website at hil..Ly//www.iiiyfloridi.coiii/, Department of Financial Services' Website at latt.�://www.fldf .com/and the Auditor General's Website at hI;;IF://www.m florida.com/aud yen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, :rand required by PART I of this form shall be submitted, when required by 2 CFR 200.51.2, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) ,as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clc:rringllouse desi&ni:rated in 2 CFR §200.501(1) (the number of copies required by 2 CFR §200.501(1) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5-A 2of6 hiC:1S-DIT 55-215 reviwd 10/01/24 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hu. /harvesl:encensus.L�rv/facweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: t,cl.le-f7.xls B. 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 provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: .....!.al.C.e...fl,,:gs. Any reports, management letters, or other in:forni ation required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR. 200.51.2, section 215.97, F.S., and Chapters 1.0.550 (local governmental entities) or 1.0.650 (nonprofit and. for -profit organizations), Rules of the Auditor Geiier,,al, ,,a.s 1pplic,,lble. Attachment 5-A 3of6 13C:1S-DIT 55-215 revived 10/01/24 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of rive (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5-A 4of6 13C:1S DID 55-215 reviwd 10/01/24 Z! PLO Qj Qj Of 0 Oc 0 ;. ;. z 4.1 4.1 C7 C7 Of Oc 0 ;. 0 ;. ai ao O O aY O O O it aY PLO Qj Qj aY ,on O O it aY as as O ox Olt U. Z'q O Q11— ZZ to 7;z 2: 7ra, +,4 A ai STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6-A General 1. Deliverable and Payment Request Submissions. All grant deliverables and payment requests (Exhibit C) must be submitted to R.esilienI loridci rcinis(d)Florid,�I)EP. ov. 2. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to submitting a payment request for contractual services. 3. Grantee Match Form. If the grant agreement includes match requirements in Attachment 2, the Grantee must submit the Grantee Match Form upon execution of the grant agreement and at any time there are changes to the match funding amount and/or funding source throughout the grant agreement period. 4. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 5. DEP Loao and Funding Source Disclaimer. The final Vulnerability Assessment Report, Adaptation Plan report or document, and any permanent signage created for an implementation project included on the Statewide Flooding and Sea Level Rise Resilience Plan must include the Department's logo (which can be found on the Department's website at: l 11l)s://floridadepgov or by contacting the Grant Manager for a copy) as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." 6. Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final Exhibit A, Progress Report Form, only in instances where the next quarterly progress report falls after the Agreement's Date of Expiration. For grants funded with American Rescue Plan Act (ARPA) Funds that are not completed by the Agreement's Date of Expiration, Exhibit F must also be submitted to R.€sitienIF'Iorid,.Granll,.AiFIoridalf:)EP., ov upon completion of the project, which may be after the Agreement's Date of Expiration. 7. Copyright, Patent and. Trademark. The Department reserves a. royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright many work developed under this Agreement; and. b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.. S. Geographic Information. System. (GIS) files and associated metardata. All GIS files and associated metadata must adhere to the Resilient Florida. Prograun's GIS Data Standards (found oil the Resilient Florida. Program. website: lr(II //tlocidat,j ,). ()v/rc�/resiliem florida�,, ro wra�rt /doc��it�etx(y/rcyih tx( florida 2 lw?ra�it�: wild oar wt ;adaardw,), and raw data sources sliall be defined within the associated mctadata.. Attachment 6-A Rev. 9.9.24 Page :I of 3 Program Deliverable Acceptance and Disclaimer. The Department's acceptance of any specific project's task deliverables required by that project's Resilient Florida Program grant agreement, does not guarantee the Department's acceptance of the same or similar task deliverables, as required by a different Resilient Florida Program grant agreement, notwithstanding the Grantee(s) and/or project(s) at issue being the same or similar. The Department will review and accept all deliverables individually, pursuant to the terms and conditions of each grant agreement for which they are submitted, including Attachment 3, Grant Work Plan. The Department's acceptance of a specific deliverable does not constitute the Department's confirmation that the conclusions or statements made within said deliverable are truthful or accurate, including, but not limited to, claims of scientific validity and the certification of engineering practices. If a dispute arises between the Department and Grantee regarding the veracity of a specific deliverable's content, the Department may request that the Grantee provide additional documentation (e.g., a certification statement signed and sealed by a licensed Professional Engineer), verifying that the conclusions or statements at issue are true and correct to the best of the Grantee's knowledge, prior to the Department's acceptance of said deliverable. 10. Sunshine Law Compliance. Asper Paragraph 23 to Attachment 1, Standard Terms and Conditions, the Grantee is solely responsible for ensuring that its actions (and those of its agents) under the Agreement are made in compliance with Section 286.011, Florida Statutes —Florida's Government in the Sunshine Law —where applicable. Implementation Grants 11. Sea Level Impact Projection Study Requirement. If a state -funded construction project is located within an area where a Sea Level Impact Protection (SLIP) study is required pursuant to Section 380.0937, Florida Statutes, the Grantee is responsible for conducting such a SLIP study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and published on the Department's website for at least thirty (30) days before construction can commence. Upon submission to the Department, SLIP study reports must meet all relevant statutory requirements, as well as the standards and criteria indicated in Chapter 625-7, Florida Administrative Code. 12. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all required, acquired, and approved permits for the project. 13. Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement's execution, including regulatory and permit compliance requirements, non-compliance and citation fees, fees resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or informal enforcement actions to resolve violations of applicable rules and statutes (including consent orders, Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be utilized to support ongoing efforts to comply with permit -required conditions, as approved by the Resilient Florida Program (e.g., pre-, during-, and post -construction monitoring and mitigation efforts). Grants Funded with. American. Rescue Plan. Act (ARPA) Funds 1.4. Match. Expenditure Monitoring. For any match -funded deliverable(s) identified in Attachment 3, Grant Work Plan, not accepted by the Department by the Date of Expiration listed in. Section 3 to the Standard. Grant Agreement (as modified by any properly executed amendinent(s), asapplicable), the Grantee must submit Exhibit tVl, Match. Expenditure Monitoring Form., to the Department prior to A:RPA-funded grant closeout to identify all remaining deliverable(s) which are to be completed solely using Grantee match funding. Failure Attachment 6-A Rev. 9.9.24 Page 2 of 3 to submit Exhibit M and all remaining Project deliverables to the Department, as well as meet the Match Requirements identified in Section 7 to Attachment 2, may hinder the Grantee's chances of receiving future grant awards from the Resilient Florida Program. Attachment G-A Rev. 9.9.24 Page 3 of 3 ATTACHMENT 8-A Revised Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass -through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award, the SURF implementing regulation, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub - awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules, or regulations, applicable to this Contract, the Non - Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above, do notpreclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient 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: i. 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 Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will, in all solicitations or advertisements for employees placed by or ore behalf of the Recipient, suite that all qualified applicants will receive consideration for employment without regard. to race, color, religion, sex, sexual orientation, gender identity, or national origin.. C. The Recipient will not discharge or in ,any other manner discriminate against. Amy employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or mother employee or applicant. This provision shell not Apply to instances in which all employee who has access to the compensation information of other employees or applicants as a. part of such employee's Attachment 8-A l of 6 Rev. 6/27/2024 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 Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient 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. F. The Recipient 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 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient 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 Recipient 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 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. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non- Federal Entity 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 Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and. Small. Business Finns Under Government Grants, Contrails and. Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean air Act (42 U.S. C. 7401-7671 q.), the Federal Water Pollution Control. Act (33 U.S.C. 1.251- 1.387), ,end. EPA Re ruh tions If the Agreement is in excess of $1.00,000, the Recipient shall comply with allpplicable standards, orders or regulations issued pursuant to the Clean. Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution. Control. Rev. 6/27/2024 Attachment 8-A 2of6 Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding $100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) The Recipient certifies 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. If applicable, the Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL, available at: rc2v/c�ly/1`orms/scmulc/�aFI I I 1 2 P V1.2.gdl`. ....... ...... i. Grantees who apply or bid for an award of $100,000 or more shall 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 shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or 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 partof any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must, to the greatest extent practical, give preference to the purchase, acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31, and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 3. Compliance with the Trafficking Victims Protection. Act of 2000 (2 CFR Part 1.75) Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a. commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection. Recipients shell comply with. U.S.C. §471.2, Enhancement of Recipient and. Subrecipient Employee Whistleblower Protection. This requirement Applies to all awards issued after July I, 2013.and effective December 1.4, 2016.has been permanently extended (Public Law (P.L.) 1.1.4-261). Attachment 8-A 3of6 Rea. 6/27/2024 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination (2 CFR § 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company -owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Where applicable, 42 U.S.C. §§ 4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shell comply with all applicable assurances made by the Department or the Recipient to the Federal Govemment during the Grant 1pplication process. FEDERAL REPORTING REQUIREMENTS 1. FFATA. Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,.are subject to the FFATA the Federal Funding Accountability and. Transparency Act ("FFATA") of 2006. The FFATA legislation requires that infonnation on federal awards (federal financial resistance and. expenditures) be made available to the public via a. single, searchable website, which is �Kw,w 11S ��al��n���niw lloy. Attachment 8-A 4of6 Rev. 6/27/2024 The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. DEPARTMENT OF TREASURY -SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race, color, national origin, (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI, along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance The Department must obligate all funds from SLFRF by December 31, 2024, and all such obligated funds must be expended by December 31, 2026. As such, the Contractor must submit all invoices by September 30, 2026, unless approved in writing by the Department. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non -Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects, the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date (month/year) ii. Projected/actual initiation of operation date (month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER $10 MILLION For infrastructure projects over $10 million, the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with the Davis -Bacon Act, for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed. If the Grantee does not. provide such certification, the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub -contractors working on the project; ii. The number of employees on the project hired directly and haired through a third party; iii. The wages and benefits of workers on the project by classification; and. iv. Whether those wages areal rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a. certification that the project includes a. project labor agreement, meaning a pre -hire Attachment 8-A 5of6 Rev. 6/27/2024 collective bargaining agreement consistent with the section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project workforce continuity plan, detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high -quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses, injuries, and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement, with a description of any such agreement, if applicable. SLFRF WATER & SEWER PROJECTS For water and sewer projects, Grantees shall provide the following informationto the Department once the project starts, as appliable: i. National Pollutant Discharge Elimination System (NPDES) Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8-A 6of6 Rea. 6/27/2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A-1 REVISED PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each progress report must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. 1 1.�s:// rpaflaaflo� v/Rosp�pon%...f^'� riafla...l�r gra nts Exhibit A-1, Page 1 of 1. Rev. 7/1 /2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM REVISED CONTRACTUAL SERVICES CERTIFICATION Exhibit H-1 Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22FRP 132 Project Title: Monroe County Shoreline 3 Duck Key Living Shoreline Grantee: Monroe County Subcontractor: Note: Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 4. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev. 4.8.2024 Exhibit E Wage Determination "General Decision Number: FL20260096 01/02/2026 Superseded General Decision Number: FL20250096 State: Florida Construction Type: Heavy County: Monroe County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number Publication Date 0 01/02/2026 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. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including file:///C/... %2022FRP132/LPS%20Contract/Exhibit%20E%20-%20Wage%20Deterruination%20Monroe%20Heavy%20Const%2001-02-26.txt[2/4/2026 1:04:05 PM] 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/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 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. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (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 file:///C/... %2022FRP132/LPS%20Contract/Exhibit%20E%20-%20Wage%20Deterruination%20Monroe%20Heavy%20Const%2001-02-26.txt[2/4/2026 1:04:05 PM] 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 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 ""SUM' 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 file:///C/... %2022FRP132/LPS%20Contract/Exhibit%20E%20-%20Wage%20Deterruination%20Monroe%20Heavy%20Const%2001-02-26.txt[2/4/2026 1:04:05 PM] 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 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 party (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 file:///C/... %2022FRP132/LPS%20Contract/Exhibit%20E%20-%20Wage%20Deterruination%20Monroe%20Heavy%20Const%2001-02-26.txt[2/4/2026 1:04:05 PM] 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party'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 party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION file:///C/... %2022FRP132/LPS%20Contract/Exhibit%20E%20-%20Wage%20Deterruination%20Monroe%20Heavy%20Const%2001-02-26.txt[2/4/2026 1:04:05 PM] Exhibit F Byrd Anti -Lobbying Certificate 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: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an. officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certificationbe included in the award documents for all subawards at at] tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, LPS Utilities, Inc. dba LPS Contracting , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signatu6 f Contractors uthorized Official Jennifer Wilson - President Name and Title of Contractor's Authorized Official Da e DISCLOSURE OFLOBBYIING AC'nVITIES Approved by OMB Comp I ete this formi to Iobbying a ictivitiles pluisui ant to 31 U.S. C. 1352 034MG46 (bee irelveirse for publlliiic IbUrdeln dils,closuire.) 1. Type of Federal Action: 2. Status of Federal Actiloin:: I Report Type:: aiii f�illi�ng lb. girant b. initial' awaird pl F-I a. contract a. bi,id/offeir/alaication b.. material change c. cooperative agreement c. post -award For Matertat Change Only: d. I,o a in gear q LI a rteir e. loan guaraintee date of last i f. ban insi-irance 4. Name ain,d Address of Reporting Entity: PTjinme Q Sulbawairdee Tiler I if hr ,Congressional District, ifkw.? c 6. Fedlerall DepartinentlAgiency: 8. F edle ra 11 Ac tioin, N L,ii m bleir, if k ........................................... 10., a., Name and Address of Lobbyingi IRegistraurrt (if ondividuaii`, last name., first name, AM: I I rbrIT RA 6 Or I I U d l I in migh 11 ifiu Nji rn 1 2M au�� vii ize :0 by I i I I e 3 1 tr S C. k3 i 1 352 Thdsdu,,^are ar bbbying • Avilwk: is a msvp�al repm%emalrm al bo wi'6w h leiiiaryW'a� p1med by ffv.:! flur Aywe wher phis !rammnkm i nale �A 2 1 U 'S C ITS2 7 him i Hu i r no I ni i ward Im! r e Im r ,.,! b lD ".bReUC , -, 111 � 1 2 F E 111p' arml mil be AvMai�h! kx pd,fi, k,mp—Riur,. Any i—:ro�dm Aru Ikh�j6j� fiin m4,ir,xd &.b,! :� hail be o '�kd im"Aly Cd w i—fr W WH2,000 a ,R r,,ar,a 11mu, 310CHM km 1, "'1, 1.1, "re Federal Use Only: 5. If Replortiling Eintity iin No. 4 is a Subiawairdee, Enter Narne and Address of Prlimw: Congressional District, if knP V . J'.q ... .... ..... T. Fedlerall Progiram Namie/Diescriptioni: CFly 1NiLlirmmllaeir, if - kc..abie 9. Award Arniount, if,kn awri b. Indiviliduals Performing Services (0cluding address if different from No. (last name, first name, MI): Signature: Pirint IName: elielphoine, No.: Cute: .Autlijorized for Local IReprodii standard Foirilli LIL (Rev. 7-97) 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 a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. 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 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational 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. S. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment 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 registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence 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. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for revievAdng instructions, 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, DC 20503. Exhibit G County Attestation Forms DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL NON -COLLUSION AFFIDAVIT 1, Jennifer Wilson of the city Marathon, FL according to law on my oath, and under penalty of perjury, depose and say that: I am President of the firm of LPS Utilities, Inc. dba LIPS Contracting the bidder making the Proposal for the project described in the Request for Proposals for Duck Key Living Shoreline / Breakwater Repair Proiect, Monroe County, FL and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for �pject.. (sign a;044 Date: ZL3z3c STATE OF: FLA-Mmet COUNTY OF: M,,Nw_or, Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or 0 online notarization, on J^,jxqU /Z,4 2024 (date) by JejmEgM= V),w#4 (name of affiant). He/She is personal ly known to me or has produced (type of identification) as identification. ADM Q10 Notar y Public State of Florida a NOTARY PUBLIC HH426294 Expi:ms7/26/2027 My commission expires: -7- 2(.-?--7 PRE -PROPOSAL SUBSTITUTIONS 00163-Page 32 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE LPS Utilities, Inc. dba LIPS Contracting (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". � 1-1, - (Signature)/ ,Z ( Date: STATE OF: FLOM,X>A COUNTY OF: ^-No-or Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or El online notarization, on JAmwqmy / 3 2oma _(date) by w,,.%orj (name of affiant). He/She is 1ptrsonal!�L­kw.wn to me or has produced 11 (type of identification) as identification. ADAM CALSS t4otary Puwic ­.-m Aorwa comff* HH426294 EY,P%:7 NOTARY PUBLIC -�:im-0/26/2027 My commission expires: -7°zGz*7 PRE -PROPOSAL SUBSTITUTIONS 00163-Page 33 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL I I] a I 1C1 I ; I a: 4 ; &TIT101; Kyj The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: LIPS Utilities, Inc. c1ba LPS Contracting (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ��de (Si r Da e: 4ZLA /DG STATE OF: COUNTY OF: MooQ0C Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or 0 online notarization, on _�Aw^wy ta"', zpag, (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as id ification, WAM GRJES pub9c State of mods m tjH4262941 co 7/26r2027 PRE -PROPOSAL SUBSTITUTIONS 001 63-Page 34 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither - Jennifer Wilson (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (SignWrd) Date: STATE OF: FiLopwp4 COUNTY OR &y2,3g- Subscribed and sworn to (or affirmed) before me, by means of)9 physical presence or 0 online notarization, on jqm4my /3"' (date) by W�c4ar--) (name of affiant). He/She is personally known to me or has produced (type of ide ation) as identiftatGO-65 ootarl ?Ubuc $tat( j of Florida NOTARY P , UBI IC Comm* "14426794 EtpIres 7126r2027 My Commission Expires: ­7 • 7-4.. z PRE -PROPOSAL SUBSTITUTIONS 00163-Page 35 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS p O Duck Key 9 Repair Project, Monroe County, FL Project Descri tion s : uCk Ke Living Shoreline 1 Breakwater , Respondent Vendor Name: LPS Utilities, Inc. dba LIPS Contracting Vendor FEIN: 47-1979143 Vendor's Authorized Representative Name and Title;lennifer Wilson - President Address: 300 Sadowski Causewa Suite #309 City: Key Colony Beach state: Florida Zip: 33051 Phone Number 305-240-9882 Email Address: info@lps-contracting.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israei List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. 1 further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Jennifer Wilson - Presidenj who is authorized to sign on behalf of the abovq Wfe ed company. Authorized Signature: Print Name: Jennl r I Son Title: President Note: The List are available at the following Department of Management Services Site: http.://www,dms.myflorida.GOm/business operations/state Purchasing/vendor information/convicted sus ended discriminatoa complaints vendor lists PRE -PROPOSAL SUBSTITUTIONS 00163-Page 36 of 234 Docusign Envelope ID: 376B0324-6115-4DD6-A7F3-710C1A6843FA DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL • • • Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee US Longshoremen & Harbor Workers Act — Same as Employer's Liability Federal Jones Act — Same as Employer's Liability General Liability, including $2,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Builder's Risk: Not Required Watercraft Liability $1,000,000 Pollution Liability $1,000,000 per Occurrence $2,000,000 Agg Vehicle Liability (Owned, non -owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage 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). 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 PRE -PROPOSAL SUBSTITUTIONS 00163-Page 44 of 234 Docusign Envelope ID: 37680324-6115-4DD6-A7F3-710C1A6843FA DUCK KEY LIVING SHORELINE( BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. I fully accept the indemnification and hold harmless as set out on page 00110-12 of this proposal. Jennifer Wilson - President PROPOSER 4��j ;!�_ 2 Sign re PRE -PROPOSAL SUBSTITUTIONS 00163-Page 46 of 234 oo"umgnEnvelope ID: orneonz4-6115-4000+\ p3-71nC1x6843F* DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, K4ONR(]ECOUNTY, FL ,INSURANCE AGENT'S STATEMENT Ihave reviewed the above requirements with the proposer named above. The following deductibles apply tothe corresponding policy. POLICY DEDUCTIBLES General Liability O Workers Compensation O Commercial Auto $1.000 Liability policies are X (]CCU[[eDc8 Claims Made »"""«'o""^^,: Hausman Kunkel Inc. ---^--,s`oz,9a.o.^+op Insurance Agency �iagDalure DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES EntitvNendor Name: _LPS_Utilities, Inc. dba LPS Contracting Vendor FEIN, 47-1979143 Vendor's Authorized Representative: JanNfer_Witson_--P- sident (Name and Title) Address: 300 Sadowski Causeway Suite #309 City: _ic y..Qolony Beach State: Florida Zip: 33051 Phone Number: 305.-24Q_-9882_.. ... Email Address: info@lps-contracting.com As a non -governmental 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 threatening 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 threatening 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 11 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. PRE -PROPOSAL SUBSTITUTIONS 00163-Page 48 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL 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. '11'&-spondent/Contractor) (Date) President (Title) STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of,5q physical presence or online notarization this j_37" day of 202( by Personally Known X/ Type of Identification Produced: Signature of Notary Public -State of FloridpbM Gjss Public Notary Public state of state Florida" 26294 Name of Notary M 6 2 My commission expires: *7-z4.-z.-7 Expires 7/26/2027 OR. Produced Identification PRE -PROPOSAL SUBSTITUTIONS 001 63-Page 49 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL Minority -Owned Business Declaration LIPS Utilities, Inc. dba LPS Contracting., a sub -contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) or x is a minority business enterprise, as defined in Section 288.703, Florida Statutes is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. Pursuant to Subsection 288.703(3), Florida Statutes "Minority business enterprise" means any small business concern as defined in subsection (6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrcpresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit, Pursuant to Subsection 288.703(6), Florida Statutes "Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than S5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Contractor may refer to Section 288.703, Florida Statutes for more information. Contractor ............. C� Signature Print Name: Jennifer Wilson Title: President Address: 300 Sadowski Causeway Suite 309 City/State/Zip Key Colony Beach, EL. 33051 Date: 1 /13/2026 Sub -Recipient: Signature Printed Name: Monroe County Title/ OMB Department: Verified via: https://osd.di-ns.myfiorida.coni,'directories State of Florida Contract Number: 22-FRP-132 Federal Grant Project Number: PRE -PROPOSAL SUBSTITUTIONS 00163-Page 51 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL FOREIGN ENTITIES AFFIDAVIT Section 287.1.38, Florida Statutes i, Aennifer Wilson of the City of Marathon according to law on my oath, and under penalty of perjury, depose and say that: a. I am President of the firm, of LPS Utiliff&`s, Inc. dba LIPS Contracting ntity"), the bidder making the , _("Entity"), Proposal for the project described in the Request for Proposals for Duck Key Living Shoreline/Breakwater Repair Project and that I executed the said proposal with full authority to do so; b. Tile Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: Subsection 287.138(2)(a), Florida Statutes), C. The government of a foreign Country of concern does not have a controlling interest in Entity, (Source; Subsection 287.138(2)(b), Florida Statutes)., d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: Subsection 298.007(2), Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: Subsection 288.007(2), Florida Statutes); Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: Subsection 692.202(5)(a)(I ), Florida Statutcs); 9- Entity is in compliance with all applicable requirements ot'Sections 692.202, 692.203, and 692.204, Florida Statutes. h. (0n1v a661k4ble'if ft* 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. (Signalt. Date: STATE OF: COUNTY OF: Subscribed and sworn to (oraffin-ned) before me, by means of Kphysical presence or 0 online notarization on /3y" 2.0Z4, -._ (date) by je�-Pj,pm (name of affiant). He/She is personally knowntome or has produced (type of identification) as identification. ADW GILSS Notary Public el State df Florida NOTARY PUBLIC romm# W426294 e,Apires7/26/2027 My Commission Expires: -7-7-6'27 PRE -PROPOSAL SUBSTITUTIONS 00163-Page 52 of 234 DUCK KEY LIVING SHORELINE/ BREAKWATER REPAIR PROJECT, MONROE COUNTY, FL COMMON CARRIER RESPONSIBILITIES AFFIDAVIT Section 908.111, Florida Statutes Jennifer Wilson of the City of Mar.ath-on­ according to law on my oath, and under penalty of perjury, depose and say that: 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. (Signatures' k Jennifer Wilson - President Printed Narne Date: 0* STATE OF: r"1Z4Z** COUNTY Mofflgo,5— Subscribed and sworn to (or affirmed) before me, by means of 15 physical presence or 0online notarization, on Q!0(date) by (name of affiant). He/She is personally known to me or has produced (type of identification mk&LES identification.' t4citarf Public state of Florida CornM# HK426294 NOTARYTUBLIC Expires 7/26/2027 My Commission Expires: PRE -PROPOSAL SUBSTITUTIONS 00163-Page 53 of 234 Exhibit H Revised Budget Proposal m W N N � 0 O O 00 0')Ul � W N � Z 0 ;o E7 G) 5;u m X OX 0 (n -n 0� m< o- o v�vv (n 0 m �•zT � o � E3 v 5' OLT O O � N = _� O v L7 1 h h p N: CD Cn p 1x h C7 C (Q --I -n v a) O M 0 cr a Q w O 7 (D Q in (Q � � p � � < � < xi:zT (O : ~' Q cn -nO K W (n O m m can m 00 Cl)(n Ica CL D W( m CD o O < o 1 --1 j m N' m v `� CD — o �. Q CD cn cn <_ � ,� Wo o O v ; v CD CD = z (D cn -n m cQ Q- v �. — 0) m CL m Q m W. v m — N Q — O L I CD 1=. 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J_. d LU p II > x N / Z. w W Q J > W / OY xw // IL a / cc m / IL m / cc I LU— m _ j O / Z Oo I cn _ x v j W > O N d Z Z N i W H O O y H J LU Z Oa J_ Q J_ V N- co 1* co 1F x; a A irk ff, off IlkIs lroft// Im %��//i/ CD z U) ,, w DM 'ir, j mmml//iti nl7/io „ , so lift, O% , ,//�� / %ii rl of / : . w It All WO/ MARY, Al We 'AA& ...... ......... ow alf'/ poo, IF %/' %(PNNMflIP��1111 „ /11)irr(/L y% i ge j / �f/ ramo f -mv/ / ro, i i //i \\\ . ® JLZ y \§ ,} /\ ƒ( �� \\ \\ �/ . � 9 \ \ R \ % \ \aenf2 ym ys<} \in73T % ±\«(� < 4 6±@¢ % 2 ENVIRONMENTAL SITE ASSESSMENT DUCK KEY BREAKWATER RESTORATION Prepared for MONROE COUNTY BUILDING DEPARTMENT MONROE COUNTY, FLORIDA MARCH 2O25 Prepared by WSP USA 16250 NW 59TH AVENUE MIAMI LAKES, FLORIDA 33014 WSP.COM MARCH 2O25 TABLE OF CONTENTS 1 INTRODUCTION........................................1 1.1 Scope & Purpose ..................................................... 1 1.2 Site history ................................................................ 3 1.2.1 Overview..................................................................................... 3 2 METHODOLOGY.......................................5 2.1 Benthic Assessment ................................................. 5 2.1.1 Data Collection & Analysis.......................................................... 5 2.2 Vegetation Survey .................................................... 6 2.2.1 Data Collection & Analysis.......................................................... 6 3 SITE CONDITIONS....................................7 3.1 Benthic Community .................................................. 7 3.2 Vegetation Survey .................................................... 7 5 TABLES.....................................................8 6 REFERENCES.........................................10 FIGURES FIGURE 1 FIGURE 2 FIGURE 3 FIGURE 4 TABLES Activity A Activity B Activity C Location Map TABLE 1 Survey Conditions TABLE 2 Vegetation Survey Species List TABLE 3 Benthic Assessment Species List ATTACHMENTS ATTACHMENT 1 IPaC Species List ATTACHMENT 2 FNAI Biodiversity Matrix ATTACHMENT 3 Photo Log 1 INTRODUCTION 1.1 SCOPE & PURPOSE The Duck Key Living Shoreline and Breakwater Retrofit Project is a shoreline adaptation and coastal resilience effort initiated by Monroe County in response to repetitive storm damage and chronic erosion affecting Duck Key. This work is funded through the Florida Department of Environmental Protection's Resilient Florida Program under Task Order 7. The project seeks to restore and enhance the performance of the existing breakwater while integrating nature -based solutions to protect the interior shoreline, reduce flood risk, and improve water quality and nearshore habitat conditions (see Figures 1-3). The purpose of the project is to enhance coastal resiliency and environmental sustainability through a hybrid solution that combines structural rehabilitation with nature -based features. The intervention seeks to retrofit and stabilize the existing breakwater system to a consistent crest elevation using appropriately sized armor stone, thereby minimizing wave overtopping and erosion caused by increased water levels and storm surge (see Figures 1-2). It also addresses safety concerns by eliminating hazards associated with under -sized, rebar-anchored stones currently found on the structure. Figure 1: Cross-section of Concept A of the breakwater repair (excerpt from Project Plans). EXISTING SEAGRASS GEOTEXTILE FILTER FABRtlC CONCEPTS TYPICAL CROSS-SECTION'. PARTIAL BREAKWATER WITH MANGROVE AND SEAGRASS PRESER`«"ATIONIPLANTONGV SEA SIDE 5 ... ..!. ARMOR STONE CRUSHED STONE FILTER LAYER -PLANTED " r, SEAGRASS •.. CLEAN SAND,. -' BACKFILL TO .... -_... . ' EXISTING GRADE CANAL SIDE RED MANGROVE Figure 2: Cross-section of Concept of the breakwater repair (excerpt from Project Plans). Another key goal of the project is to improve water quality through the addition of a flushing feature located at the southwest end of the system (see Figure 3). This feature is expected to enhance circulation and reduce stagnation within the interior canal system. Furthermore, the project aims to support ecological function by incorporating mangrove planting and establishing habitat areas for seagrass and other marine species. Figure 3: Cross-section of breakwater repair and flushing feature proposed for the south-central portion of the breakwater (excerpt from Project Plans). During Hurricane Irma, storm surge caused significant overtopping of the breakwater and displacement of armor stones, especially in the southwest portion. Topographical surveys indicate the structure varies in crest elevation, which increases the risk of overtopping into the protected inland canal and residential areas. The current condition of the breakwater also presents safety hazards from exposed rebar used to anchor under -sized stones. The project will restore structural stability and enhance resilience through integrated planting, erosion control, and wave attenuation features. The primary technical resources used to inform the design include the USACE Coastal Engineering Manual (CEM), Engineer Manual EM 1110-2-1100 (2002), which provides comprehensive guidance on the design and analysis of coastal structures. Additionally, the USACE Engineering and Design Manual: Design of Coastal Revetments, Seawalls, and Bulkheads (EM 1110-2-1614, 1995) was used to evaluate I and inform breakwater stability and shoreline protection techniques. The design also references the CIRIA C683 Rock Manual (2007), which outlines best practices for the use of rock in hydraulic engineering applications, and the EurOtop Manual on Wave Overtopping of Sea Defences and Related Structures (2nd Edition, 2018), which provides empirical methods and criteria for assessing wave overtopping and determining appropriate crest elevations. 1.2 SITE HISTORY 1.2.1 OVERVIEW Based on the construction timeline of nearby similar structures, the existing breakwater at Duck Key is estimated to have been constructed between 1955 and 1970. Historic aerial photographs confirm this timeline, and have been included in Appendix A. The Florida Keys have a long history of exposure to high -impact storms, dating back to the 1800s. The National Oceanic and Atmospheric Administration (NOAA) began official weather observations in Key West in 1828. The 1935 Labor Day Hurricane remains the most catastrophic, with a recorded storm tide of approximately 16.5 feet NAVD88 at Lower Matecumbe Key. In more recent history, Hurricane Wilma in 2005 generated a storm tide of 5.4 feet at Vaca Key, and Hurricane Irma in 2017 produced a storm tide of 3.8 feet at Virginia Key. Each of these events caused extensive flooding throughout the region and resulted in thousands of National Flood Insurance Program (NFIP) claims —for example, Hurricanes Georges, Wilma, and Irma each triggered over 3,000 flood insurance claims in the Florida Keys region. Since Hurricane Irma, while the Florida Keys have not experienced storms of comparable devastation, they have continued to be affected by tropical cyclones. Tropical Storm Gordon passed over the Keys in 2018, bringing gale -force winds and localized flooding, though damage was relatively minor. In 2022, Hurricane Ian, a powerful Category 4 storm, passed to the north but still caused significant coastal flooding in the Keys. Key West recorded its third -highest storm surge since 1913, with damage to dozens of homes and widespread power outages. More recently, Hurricane Helene in 2024 made landfall on Florida's Gulf Coast, but due to its size, the Keys experienced storm surges of 1 to 3 feet and minor coastal impacts. While these recent storms did not match the destructive force of Irma or Wilma, they underscore the region's persistent vulnerability to tropical systems and the importance of continued coastal resilience planning. Figure 4: Aerial showing the location of the proposed breakwater repair and environmental resources (excerpt from Project Plans). 2 METHODOLOGY 2.1 BENTHIC ASSESSMENT A survey was conducted by WSP staff scientists to describe the benthos within and adjacent to the proposed project area (Figure 4). Fieldwork for the survey was performed in 2 stages due to the large area and effort necessary. Stage 1 was conducted June 2024 and included the western half of the breakwater. Stage 2 was completed February 2025 and included the eastern half of the breakwater. The assessment area included approximately 5 acres of seafloor, submerged mangrove roots, and the boulders used to construct the existing breakwater. The survey was conducted by a two -person diver and spotter team to ensure the safety of the diver and accuracy of data. Survey methodology for the site was developed after analysing data collected from preliminary on -site observations and desktop survey using aerial photography and Esri ArcGIS Pro software while adhering to FKNMS survey protocols. Survey design and methodology included: • Complete a desktop review of the proposed survey area using aerial imagery. • Conduct an on -site preliminary survey from shore and by kayak. • Determine sampling methods utilizing observed benthos stratification during the preliminary survey and desktop review. • Conduct a comprehensive on -site survey of all benthos within the proposed project area. • Post process data collected using Pathfinder Office and Esri ArcGIS Pro. • Summarize the findings within a biological report. 2.1.1 DATA COLLECTION & ANALYSIS Data was collected using a random stratified sampling method with sampling effort increasing within areas observed during the preliminary assessment to exhibit more heterogeneity. Survey points were sampled in 1 X 1 meterquadrats constructed of 1 inch diameter pvc pipe carefully placed on the seafloor. Percent cover for each species within the quadrats was estimated using the Braun-Blanquet Survey Method (BB) and converted to percent cover classes. Cover was defined as the portion of the total area obscured by any given species from an observer placed directly above the sample point. The portion of the sample area defined as seafloor or debris were defined as the area within the sample unobscured from view to an observer placed directly above the sample point. Due to the three-dimensional nature of submerged aquatic vegetation communities (SAV) and the BB method's use of cover classes, it is possible for the percent cover of a SAV community to total more than 100 percent within a given sample area. To help offset this, the total percent cover for each SAV community and substrate type were also calculated. Sample points were geolocated with a Trimble Geo 7X equipped with the Centimeter Accuracy Edition software package and later post -processed to increase spatial accuracy in Pathfinder Office. 2.2 VEGETATION SURVEY WSP scientists conducted a survey of the proposed project area in June 2024 to document the terrestrial vegetation community (landward of the apparent mean -high water line) using the methods defined within Chapter 62-340 of the Florida Administrative Code Data Form Guide to be included within the permitting package. The survey area consisted of approximately 19.20 acres of mangrove fringe, exposed carbonate bedrock, and limerock boulders. The survey was conducted by a two - person team to ensure safety and accuracy of data. Location data was collected using a Trimble Geo 7X equipped with the Centimeter Accuracy Edition software package. Data collected in the field was then post -processed using GPS Pathfinder Office and Esri ArcGIS Pro to further increase spatial accuracy. Survey design and methodology included: • Complete a desktop review of the proposed survey area using aerial imagery. • Conduct a comprehensive on -site survey to describe the vegetation community within the proposed project area. • Post process data collected using Pathfinder Office and Esri ArcGIS Pro. • Summarize the findings within a biological report. 2.2.1 DATA COLLECTION & ANALYSIS On February 2025, WSP staff surveyed the portion of the proposed project area waterward of the mean -high water line to document the vegetation community for use during project design and submit as part of the permitting package. Location data was collected using a Trimble Geo 7X equipped with the Centimeter Accuracy Edition software package. Data collected in the field was then post -processed using GPS Pathfinder Office and Esri ArcGIS Pro to further increase spatial accuracy. 3 SITE CONDITIONS 3.1 BENTHIC COMMUNITY The benthic community within the assessment area consisted primarily of seagrass beds composed of two out of the seven species occurring in Florida. Seagrass and macroalgae were abundant except where shading or water depth prevented colonization. Corals were observed growing primarily within the channel attached to hardbottom or submerged breakwater. The lack of corals on much of the Atlantic side of the breakwater is assumed to be due to large deposits of sargassum and detached seagrass preventing colonization where conditions would otherwise be suitable. WSP staff also observed exposed sandbars parallel to the breakwater during low tides likely preventing benthos colonization. Queen Conch (Lobatus gigos) was the only federally listed species observed within the survey area but were abundant with dozens of individuals observed. Table 1: Survey Condtions SURVEY DATE June, 2024, February 2025 SURVEY TIME 10:OOAM-4:OOPM AMBIENT CONDITIONS Sunny, winds 6-23mph VISIBILITY 20-30 feet(Channel), 4-6 feet(Atlantic Side) DEPTHS 0.5-6.0 feet SUBSTRATE Mucky -Silt, Gravel, Shelly -Carbonate Sand, Hardbottom RESOURCES Seagrass, Coral, Sponges, Macroalgae, Mangroves 3.2 VEGETATION SURVEY The assessment areas consist of approximately 19.20 acres of mangrove fringe, exposed carbonate bedrock, and limerock boulders. Mangrove fringe covers approximately 4.20 acres of the breakwater concentrated primarily on the west side. The remainder of the breakwater is composed of exposed bedrock or limerock boulders that appear to be repurposed spoil material created when the channel was originally dredged. 4 TABLES Table 2: Vegetation Survey Species List CommonName Scientific Name Native Australian Pine Casuarina equisetifolia NO Black Mangrove Avicennia germinons YES Brazilian Pepper Schinus terebinthifolia NO Coconut Palm Cocos nucifera NO Green Buttonwood Conocorpus erectus YES Red Mangrove Rhizophora mangle YES Sea Ox-eye Daisy Borrichia frutescens YES Saltwort Batis maritima YES Sea Purslane Sesuvium portulcastrum YES White Mangrove Loguncularia rocemoso YES Table 3: Benthic Assessment Species List z O Q LU w w U Q Cy Q LU U w m D Ln V) w Q m LU w > TYPE POP w 0 z 0 a J O V Ln z ¢ w U H Uq LU J m COMMON NAME Turtle Grass Shoal Grass White Mermaid's Wine Glass Green Mermaid's Wine Glass Fuzzy Finger Algae Mermaid's Fan Flat Green Feather Alga Stalked Lettuce Leaf Alga Three Finger Leaf Alga Sargassum Algae Oval -Blade Alga Green Feather Algae Orange Ball Sponge Caribbean Chicken -Liver Sponge Star Encrusting Sponge Pink and Red Encrusting Sponge Lesser Starlet Coral Massive Starlet Coral m Common Blue Crab v LA w V Q z Sessile Barnacles Q m Flat Tree Oyster Upside-down Jellly Red Spiny Starfish Mangrove Snapper Yellowfin Mojarra Redfin Needlefish SCIENTIFIC NAME Thalassia testudinum Halodule wrightii Acetabularia crenulata Acetabularia caliculus Dasycladus vermicularis Udotea sp. Caulerpa mexicana Halimeda tuna Halimeda incrassata Sargassum spp. Caulerpa prolifera Caulerpa sertularioides Cinachyrella kuekenthali Chondrilla nucula Halisarca caerulea Spirastrella cocinea Siderastrea radians Siderastrea siderea Callinectes sapidus Cirripedia Isognomon alatus Cassiopeia sp. Echinaster sentus Luyanus griseus Gerres cinereus Strongylura notata 5 REFERENCES Florida Department of Environmental Protection (FDEP). 2021. Delineation of the Landward Extent of Wetlands and Surface Waters (FDEP, Chapter 62.340, F.A.C) National Oceanic Atmospheric Association. 2022. Resource Assessment Survey Protocols for Nearshore Construction Projects November 30, 2022. Paul Humann. 2003. Reef Coral Identification (Florida, Caribbean, Bahamas) Enlarged 2nd Edition 11/4/25, 10:57AM IPaC: Explore Location resources IPaC IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (colle resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to referenced below. The list may also include trust resources that occur outside of the project area, but that indirectly affected by activities in the project area. However, determining the likelihood and extent of effec resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and proje and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS officE defined project area. Please read the introduction to each section that follows (Endangered Species, Migl and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Project information NAME Duck Key Breakwater Restoration LOCATION Monroe County, Florida DESCRIPTION None Local office Florida Ecological Services Field Office t. (352) 448-9151 18 (772) 562-4288 u fw4flesregs@fws.gov 11/4/25, 10:57AM IPaC: Explore Location resources Endangered species This iresource Iliist its for Iin-foirrrmatiioinall purposes only and does not constitute an anallysiis of Iprojec The primary information used to generate this list is the known or expected range of each species. Additi( for species are also considered. An AOI includes areas outside of the species range if the species could k activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at impact the species by reducing or eliminating water flow downstream). Because species can move, and species on this list are not guaranteed to be found on or near the project area. To fully determine any pot( additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary informa which is listed or proposed to be listed may be present in the area of such proposed action" for any proje( funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills thi obtained by requesting an official species list from either the Regulatory Review section in IPaC (see dire field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and doing the following: 1. Log in to IPaC. 2. Go to your My Projects list. 3. Click PROJECT HOME for this project. 4. Click REQUEST SPECIES LIST. Listed species' and their critical habitats are managed by the Ecological Services Program of the U.S. Fi: (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA FishE Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. P for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows sp proposed, for listing. See the listing status page for more information. IPaC only shows species that a FAQ). 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the Nati Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME Florida Panther Puma (=Felis) concolor coryi STATUS Endangerec No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1763 11 /4/25, 10:57 AM IPaC: Explore Location resources Roseate Tern Sterna dougallii dougallii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2083 Reptiles NAME American Alligator Alligator mississippiensis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 American Crocodile Crocodylus acutus There is final critical habitat for this species. https://ecos.fws.gov/ecp/species/6604 Your location does not overlap the critical habitat. Eastern Indigo Snake Drymarchon couperi Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/646 Threatened STATUS SAT Threatened Threatened Florida Keys Mole Skink Plestiodon egregius egregius Proposed T Wherever found There is proposed critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/4480 Hawksbill Sea Turtle Eretmochelys imbricata Endangerec Wherever found There is final critical habitat for this species. Your location does not overlap. the critical habitat. https://ecos.fws.gov/ecp/species/3656 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangerec Wherever found There is proposed critical habitat for this species. https://ecos.fws.gov/ecp species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangerec Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp species/1493 Loggerhead Sea Turtle Caretta caretta Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. 11 /4/25, 10:57 AM IPaC: Explore Location resources Flowering Plants NAME STATUS Big Pine Partridge Pea Chamaecrista lineata keyensis Endangerec There is proposed critical habitat for this species. https://ecos.fws.gov/ecp/species/8416 Blodgett's Silverbush Argythamnia blodgettii Threatened There is proposed critical habitat for this species. https://ecos.fws.gov/ecp/species/6823 Cape Sable Thoroughwort Chromolaena frustrata Endangerec There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/4733 Everglades Bully Sideroxylon reclinatum ssp. austrofloridense Threatened There is proposed critical habitat for this species. https://ecos.fws.gov/ecp species/4735 Florida Pineland Crabgrass Digitaria pauciflora Threatened There is proposed critical habitat for this species. https://ecos.fws.gov/ecp/species/3728 Florida Prairie -clover Dalea carthagenensis floridana There is proposed critical habitat for this species. https://ecos.fws.gov/ecp species/2300 Florida Semaphore Cactus Consolea corallicola There is final critical habitat for this species. Your location does not overlap th https://ecos.fws.gov/ecp/species/4356 Key Tree Cactus Pilosocereus robinii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2520 Sand Flax Linum arenicola There is proposed critical habitat for this species. https://ecos.fws.gov/ecp/species/43'13 Wedge Spurge Chamaesyce deltoidea serpyllum There is proposed critical habitat for this species. Endangerec Endangerec itat Endangerec Endangerec Endangerec 11 /4/25, 10:57 AM IPaC: Explore Location resources • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoidin( take -migratory -birds • Nationwide avoidance and minimization measures for birds https://www.fws.gov/sites/default/files/doc conservation-measu res. pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/supplem birds -and -bald -and -golden -eagles -may -occur -project -action There are Bald Eagles and/or Golden Eagles in your project area. Measures for Proactively Minimizing Eagle Impacts For information on how to best avoid and minimize disturbance to nesting bald eagles, please review the Management Guidelines. You may employ the timing and activity -specific distance recommendations in tl your project/activity to avoid and minimize eagle impacts. For bald eagle information specific to Alaska, pl Nesting and Sensitivity to Human Activity,. The FWS does not currently have guidelines for avoiding and minimizing disturbance to nesting Golden E recommendations regarding nesting Golden Eagles, please consult with the appropriate Regional Migrate Services Field Office. If disturbance or take of eagles cannot be avoided, an incidental take permit may be available to authoriz, but is not the purpose of, an otherwise lawful activity. For assistance making this determination for Bald E Permit Tool. For assistance making this determination for golden eagles, please consult with the appropri Office or Ecological Services Field Office. Ensure Your Eagle List is Accurate and Complete If your project area is in a poorly surveyed area in IPaC, your list may not be complete and you may need determine what species may be present (e.g. your local FWS field office, state surveys, your own survey; Supplemental Information on Migratory Birds and Eagles, to help you properly interpret the report for your determining if there is sufficient data to ensure your list is accurate. For guidance on when to schedule activities or implement avoidance and minimize eagles on your list, see the "Probability of Presence Summary" below to see when present and breeding in your project area. Review the FAQs The FAQs below provide important additional information and resources. NAME measures to reduc e bald or golden e Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. BREEDING SE Breeds Sep Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present information can be used to tailor and schedule your project activities to avoid or minimize impacts to bird: "Sunnlementnl Information on Miarntory Birds and Fanles"_ snecifically the FAO section titled "Prober Intrr 11 /4/25, 10:57 AM IPaC: Explore Location resources Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys perform grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 tc To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (....) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. off the Atlantic coast, where bird returns are based on all years of available data, since data in these area sparse. SPECIES JAN FEB Bald Eagle Ilt Non -BCC Vulnerable IIIII probability of presence breeding (M[1JJAR APR MAY JUN + 4' + JUL AUG SEP What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurril your project intersects, and that have been identified as warranting special attention because they are an eagle (Bald ant requirements may apply). Proper interpretation and use of your eagle report On the graphs provided, please look carefully at the survey effort (indicated by the black vertical line) and for the existent horizontal line). A high survey effort is the key component. If the survey effort is high, then the probability of presence sce dependable. In contrast, a low survey effort line or no data line (red horizontal) means a lack of data and, therefore, a lac species. This list is not perfect; it is simply a starting point for identifying what birds have the potential to be in your projec and if they might be breeding (which means nests might be present). The list and associated information help you know and helps guide you in knowing when to implement avoidance and minimization measures to eliminate or reduce potenti; activities or get the appropriate permits should presence be confirmed. How do I know if eagles are breeding, wintering, or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating, or resident), the RAIL Tool and view the range maps provided for birds in your area at the bottom of the profiles provided for each bird IPaC migratory bird species list has a breeding season associated with it (indicated by yellow vertical bars on the phenol( PROBABILITY OF PRESENCE SUMMARY" at the top of your results list), there may be nests present at some point witl "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. Interpreting the Probability of Presence Graphs Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during taller bar indicates a hinher nrohnhility of species nresence_ The survev effort ran he ijsed to estahlish a level of confider 11 /4/25, 10:57 AM IPaC: Explore Location resources Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception I where bird returns are based on all years of available data, since data in these areas is currently much more sparse. Migratory birds The Migratory Bird Treaty Act (MBTA) 1 prohibits the take (including killing, capturing, selling, trading, and migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Ser, 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoidin( take -migratory -birds • Nationwide avoidance and minimization measures for birds • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/suppiem birds -and -bald -and -golden -eagles -may -occur -project -action Measures for Proactively Minimizing Migratory Bird Impacts Your IPaC Migratory Bird list showcases birds of concern, including Birds of Conservation Concern (BCC is not a comprehensive list of all birds found in your project area. However, you can help proactively minir birds at your project location by implementing the measures in the Nationwide avoidance and minimizatic document, and any other project -specific avoidance and minimization measures suggested at the link Me minimizing impacts to birds for the birds of concern on your list below. Ensure Your Migratory Bird List is Accurate and Complete If your project area is in a poorly surveyed area, your list may not be complete and you may need to rely determine what species may be present (e.g. your local FWS field office, state surveys, your own survey,, Supplemental Information on Migratory Birds and Eagles document, to help you properly interpret the rep including determining if there is sufficient data to ensure your list is accurate. For guidance on when to schedule activities or implement avoidance and minimization measures to redu( on your list, see the "Probability of Presence Summary" below to see when these birds are most likely to your project area. Review the i-Aws The FAQs below provide important additional information and resources. NAME American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp�/Sspecies/9587 BREEDING SE Breeds Apr 11 /4/25, 10:57 AM IPaC: Explore Location resources Chimney Swift Chaetura pelagica Breeds Mar This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Common Loon gavia immer Breeds Apr This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/4464 Double -crested Cormorant phalacrocorax auritus Breeds Apr This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/3478 Great Blue Heron Ardea herodias occidentalis Breeds Jan This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Gull -billed Tern Gelochelidon nilotica Breeds May This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9501 Least Tern Sternula antillarum antillarum Breeds Apr This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Lesser Yellowlegs Tringa flavipes Breeds else This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp species/9679 Magnificent Frigatebird Fregata magnificens Breeds Oct This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Mangrove Cuckoo "Coccyzus minor Breeds Apr This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Painted Bunting Passerina ciris Breeds Apr This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions "` (RC:Rgl in the cnntinental I IRA 11 /4/25, 10:57 AM IPaC: Explore Location resources Ring -billed Gull Larus delawarensis Breeds else This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Roseate Tern Sterna dougallii Breeds May This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Royal Tern Thalasseus maximus Breeds Apr This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Ruddy Turnstone Arenaria interpres morinella This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Semipalmated Sandpiper Calidris pusilla This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds else Breeds else Short -billed Dowitcher Limnodromus griseus Breeds else This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Sooty Tern Onychoprion fuscatus Breeds Mar This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Swallow-tailed Kite Elanoides forficatus Breeds Mar This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Whimbrel Numenius phaeopus hudsonicus Breeds else This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA ite-crowned Pigeon Patagioenas leucocephala Breeds May This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska 11/4/25, 10:57AM IPaC: Explore Location resources presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week w divided by the total number of survey events for that week. For example, if in week 12 there were 20 Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is cal( of presence divided by the maximum probability of presence across all weeks. For example, imagine week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the I year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys perform grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 t( To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. off the Atlantic coast, where bird returns are based on all years of available data, since data in these area sparse. SPECIES JAN FEB MAR APR MAY r-BCRestrel � �ffl (I IK, �1 �r"�P fi ":If ��,,, 1211 I ,ffiw J i / BCC Bald Eagle aFa � eFa { + jm + 1/ON ll ID Non -BCC Vulnerable ll1� L/„% Black Scoter di Non -BCC Vulnerable Black Skimmer ,VON Aity of presence breeding JUL AUG SEP ,,,,,. ,ry,,. ,,,,,,. , ",," y.. A— - ,I,,,. I„ E III BCC Rangewide (CON) Brown Pelican J I1 IJ ) ffI IJ ffI fIJ I1 IJ fI MJ f f MJ f Non -BCC Vulnerable 1 �1� �l�f j 11� �l�l 11� 151, �1� �l�l JY1! ll�l l��/ Y1! l��l 1�� 111JJJ �j 11� l��f (CON) e� e� �,., + ,.Ill�f . �. III�� iiiQll III 11/4/25, 10:57AM IPaC: Explore Location resources Prairie Warbler I� � III I III I Im III � III �0 I �� }.- I ..f�� BCC Rangewide (CON) Red -breasted Merganser Non -BCC Vulnerable Reddish Egret J iJ ' ��,.,h.. �' ''�,.... ) IJ,.,i..,) ��l �` ��� BCC Rangewide (CON) Ring -billed Gull I) �' 0�� Non -BCC Vulnerable �� Roseate Tern r. a F, a a.. Non -BCC Vulnerable Royal Tern Non -BCC Vulnerable Ruddy Turnstone 1 �I BCC- BCR Semipalmated Sandpiper BCC - BCR SPECIES JAN FEBMAR APR MAY JUN JUL AUG SEP Short -billed Dowitcher rr ff BCC Rangewide (CON) Sooty Tern �m.ei� ��,ei� �F.. �.F �.'.e�� �� ��,e�� �.'. I, (��.��� Non -BCC Vulnerable Swallow-tailed Kite I r,, �ff BCC Rangewide (CON) Whimbrel BCC - BCR White -crowned Pigeon�ffl �� , t J j f j BCC Rangewide (CON)"' l�IP, Willet� �ffi �ffl �ffi �ffi 1 1, 1 Mom 111 1 �!!� 1 BCC Rangewide (CON) �, Wilson's Plover BCC Rangewide (CON) , prep �i%i001 Migratory Bird FAQs Tell me more about avoidance and minimization measures l can implement to avoid or minimize impacts to migr; Nationwide Avoidance & Minimization Measures for Birds describes measures that can help avoid and minimize impacts round. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destructio to minimize impacts. To see when birds are most likely to occur and breed in your project area, view the Probability of Pr( measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructur( project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of Birds of Conservation Concern (BCC) and other species that may warn location, such as those listed under the Endangered Species Act or the Bald and Golden Eagle Protection Act and those See the FAQ "What are the levels of concern for migratory birds?" for more information on the levels of concern covered 11/4/25, 10:57AM IPaC: Explore Location resources How do I know if a bird is breeding, wintering, or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating, or resident), the RAIL Tool and view the range maps provided for birds in your area at the bottom of the profiles provided for each bird IPaC migratory bird species list has a breeding season associated with it (indicated by yellow vertical bars on the phenols PROBABILITY OF PRESENCE SUMMARY" at the top of your results list), there may be nests present at some point witt "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhE Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continer 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of devE energy development or longline fishing). Although it is important to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and mini list, especially BCC species. For more information on avoidance and minimization measures you can implement to help impacts, please see the FAQ "Tell me more about avoidance and minimization measures I can implement to avoid or min Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird spe Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxe to you in your project review. Alternately, you may download the bird model results files underlying the portal maps throu( Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer ContinEnta Proper interpretation and use of your migratory bird report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To generated and see options for identifying what other birds may be in your project area, please see the FAQ "What does I birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of that overlap your project; not your exact project footprint. On the graphs provided, please look carefully at the survey effo line) and for the existence of the "no data" indicator (a red horizontal line). A high survey effort is the key component. If th probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar mea lack of certainty about presence of the species. This list does not represent all birds present in your project area. It is sim what birds of concern have the potential to be in your project area, when they might be there, and if they might be breedii present). The list and associated information he minimization measures to eliminate or reduce p and minimization measures, visit the FAQ "Tell i birds". now what to look for to confirm presence and helps guide implem impacts from your project activities, should presence be confirme it avoidance and minimization measures I can implement to avoic Interpreting the Probability of Presence Graphs Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during taller bar indicates a higher probability of species presence. The survey effort can be used to establish a level of confider How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species w events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee of presence of the Spotted Towhee in week 12 is 0.25. 11 /4/25, 10:57 AM IPaC: Explore Location resources Marine mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [re; whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not sl information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may b evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a 1 international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the Nati Administration within the Department of Commerce. The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are potential location: ZT-11•I West Indian Manatee Trichechus manatus https://ecos.fws.gov/ecp/species/4469 Coastal Barrier Resources Projects within the John H. Chafee Coastal Barrier R expenditures and financial assistance and the consu et seq.). For more information, please contact the loc CBRA website provides tools such as a flow chart to consultation process. System irces System (CBRS) may be subject to the resl ion requirements of the Coastal Barrier Resource: or visit the CBRA ine whether consultation is required and This location overlaps the following CBRS unit(s): System Unit (SU) Most new Federal expenditures and financial assistance, including Federal flood insurance, are prohibiter Federally -funded projects within System Units require consultation with the Service. Consultation ..-.--. --:..-A- -A-A- -- 1---I Z..--I- 11/4/25, 10:57AM IPaC: Explore Location resources Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Comps conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NV� Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of thi State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers C Please note that the NWI data being shown may be out of date. We are currently working to update our you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: ESTUARINE AND MARINE ESTUARINE AND MARINE WETLAND E2USM M2USM for each i be found at 11 /4/25, 10:57 AM IPaC: Explore Location resources nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a differ( inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdicti government or to establish the geographical scope of the regulatory programs of government agencies. Persons intendir modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies regulatory programs and proprietary jurisdictions that may affect such activities. 11 /4/25, 10:46 AM FNAI Biodiversity Matrix 'S 54�..:w,2u,4�0117 m»ww11i11,�AAII P I N V EWl' Y Floridal .Areas Inventory Biodiversity Matrix Query Results UNOFFICIAL REPORT Created 11/4/2025 (Contact the FNAI Data Services Coordinator at 850.224.8207 or kbrinegar@fnai.fsu.edu for information on an official Standard Data Report) NOTE: The Biodiversity Matrix includes only rare species and natural communities tracked by FNAI. Report for 2 Matrix Units: 58222, 58522 Descriptions DOCUMENTED - There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit. �Ffifol„ DOCUMENTED -HISTORIC - There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit; however the occurrence has not been observed/reported within the last twenty years. LIKELY The species or community is known to occur in this 1" vicinity, and is considered likely within this Matrix Unit a because: 1. documented occurrence overlaps this and adjacent Matrix Units, but the documentation isn't precise enough to indicate which of those Units the species or community is actually located in; or 2. there is a documented occurrence in the vicinity and there is suitable habitat for that species or community within this Matrix Unit. POTENTIAL - This Matrix Unit lies within the known or predicted range of the species or community based on expert knowledge and environmental variables such as climate, '.. soils, topography, and landcover. Matrix Unit ID: 58222 1 Documented Element Found Scientific and Common Names Global State Federal State Rank Rank Status Listing 4thene cunicularia floridana G4T3 S3 N ST Florida Burrowing Owl 0 Documented -Historic Elements Found 0 Likely Elements Found Matrix Unit ID: 58522 0 Documented Elements Found 0 Documented -Historic Elements Found https://data.Iabins.org/mappi ng/FNAI_BioMatrix/Grid Search. cfm?sel_id=58522,58222&extent=710923.2548, 88451.1447,714141.9428,90060.4877 1 /3 11/4/25, 10:46AM FNAI Biodiversity Matrix 0 Likely Elements Found Matrix Unit IDs: 58222, 58522 27 Potential Elements Common to Any of the 2 Matrix Units Scientific and Common Names Global State Federal State Rank Rank Status Listing Ardea herodias occidentalis G5T2 S2 N N Great White Heron Argythamnia argothamnoides GNR S2 T E Blodgett's silverbush Athene cunicularia floridana G4T3 S3 N ST Florida Burrowing Owl Bourreria radula G2? S1 N E rough strongbark Caretta caretta G3 S3 T FT Loggerhead Sea Turtle Chamaesyce garberi G1 S1 T E Garber's spurge Chamaesyce porteriana G2 S2 N E Porter's broad-leaved spurge Chelonia mydas G3 5253 T FT Green Sea Turtle Consolea corallicola G1 S1 E E semaphore pricklypear Crocodylus acutus G2 S2 T FT American Crocodile Ctenogobius stigmaturus G2 S2 N N Spottail Goby Eretmochelys imbricata G3 S1 E FE Hawksbill Sea Turtle Gambusia rhizophorae G3 S3 N N Mangrove Gambusia Indigofera trita ssp. scabra GNRTNR S1 N E Florida Keys indigo Menidia conchorum G2Q S2 SC ST Key Silverside Opuntia triacantha G2G4 S1 N E three-spined pricklypear Pantherophis guttatus pop_i G5T2Q S2 N N Red Rat Snake, Lower Keys Population Patagioenas leucocephala G3 S3 N ST White -crowned Pigeon Pilosocereus robinii G1 S1 E E tree cactus Plestiodon egregius e�regius G5T1 S1 N ST Florida Keys Mole Skink Procyon lotor auspicatus G5T2 S2 N N Key Vaca Raccoon Rallus longirostris insularum G5T3 S3 N N Mangrove Clapper Rail Rivulus marmoratus G4G5 S3 SC N Mangrove Rivulus Setophaga discolor paludicola G5T3 S3 N N Florida Prairie Warbler Sterna dougallii G4 S1 T FT Roseate Tern Tantilla oolitica G1G2 S1S2 N ST Rim Rock Crowned Snake Benthic Survey -Typical Conditions PHOTO LOG Page 1 of 6 Page 2 of 6 Page 3 of 6 Benthic Survey Results — Typical Coral Conditions Page 4 of 6 Benthic Survev Results — Maritime Fauna Page 5 of 6 Benthic Survey Results — Breakwater Page 6 of 6 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hausman Kunkel, Inc. 40 S. Prospect(A/C. Roselle IL 60172 CONTACT NAME: PHONE FAX A/c No Ext : 630-894-7510 AC,No): 630-894-4333 A DRIESS, INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Mesa Und Specialty Ins Co. 36838 INSURED LPSUTIL-01 LPS Utilities Inc. DBA LPS Contracting 3509 Lily Pond Road INSURERB: Progressive Express 10193 INSURER C : American Longshore Mutual Asso 524126 INSURERD: Navigators Specialty Ins Co 36056 Woodstock IL 60098 INSURER E : Indian Harbor Insurance Company 36940 INSURERF: Markel Insurance Company 38970 COVERAGES CERTIFICATE NUMBER: 1500070057 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y MP011201110006000 6/25/2025 6/25/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 ISX „Nt 1yp PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECT1:1 LOC GENERAL AGGREGATE $2,000,000 1219' 6 ,.,. p,H'C't�„„,_...,.-.,--. IA V"fAP N` —` PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y 03217826 1/27/2025 1/27/2026 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY D UMBRELLALIAB X OCCUR CH25EXCZOLR4JIC 6/25/2025 6/25/2026 EACH OCCURRENCE $5,000,000 X AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ALMA02275-07 7/27/2025 7/27/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [-T] NIA E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Liability SXS0069275 6/25/2025 6/25/2026 Limit 5,000,000 F Equipment Floater MKLM3IMOO57140 6/27/2025 6/27/2026 Limit 815,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida Monroe County Board of County Commissioners are named as Additional Insureds in respect to General Liability and Auto Liability as required by written contract. Workers Compensation includes USL&H Act coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commisioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, Ste 2-205 AUTHORIZED REPRESENTATIVE Key West FL 33040 USA © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hausman Kunkel, Inc. 40 S. Prospect(A/C. Roselle IL 60172 CONTACT NAME: PHONE FAX A/c No EXt : 630-894-7510 AC,No): 630-894-4333 A DRIESS, INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ace Fire Underwriters Insurance Company 20702 INSURED LPSUTIL-01 LPS Utilities Inc. INSURERB: Navigators Specialty Ins CO 36056 3509 Lily Pond Road INSURER C : INSURER D : Woodstock IL 60098 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:964004456 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: A ik3K. "' T P � �� 4 � 05 AUTOMOBILEEa LIABILITY COMBINED SINGLE LIMIT accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS DATIE,.,,.,.__ ��- � 12.1 Ny ftW BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Pollution Liability G48848151 001 11/15/2025 11/15/2026 Limit 1,000,000 B Marine Liability P&I NY24MPK15772801 7/2/2025 7/2/2026 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage Under the Jones Act exist under Marine Liability P&I policy Project: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida Coverage Under the Jones Act exist under Marine Liability P&I policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commisioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, Ste 2-205 AUTHORIZED REPRESENTATIVE Key West FL 33040 USA © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD