HomeMy WebLinkAbout02/18/2026 Agreement GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: February 26, 2026
TO: Rhonda Haag
Chief Resilience Officer
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 18, 2026 BOCC Meeting
The following item has been executed and added to the record:
05 Contract with Sea and Shoreline, LLC to construct the Long Key Living
Shoreline, funded by Florida Department of Environmental Protection (FDEP) Grant No. 22-
FRP-131.
Please send us copies of the Bonds once they have been added to the Official Record.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
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AGREEMENT
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
and
SEA & SHORELINE, LLC
For the
LONG KEY LIVING SHORELINE PROJECT,
LONG KEY, FLORIDA
AGREEMENT
Made as of the 18T" 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: Sea & Shoreline, LLC
4331 Cockroach Bay Road
Ruskin, Florida 33570
For the following Project:
Long Key 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
resiliency of the County's Long Key Transfer Station and water quality in Monroe
County.
Scope of the Work
1. Project Overview
The purpose of the project is to construct the Long Key Living Shoreline to provide
coastal resiliency for the County's Long Key Solid Waste Transfer Station, while providing
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.
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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 Drawings and detailed in
the Technical Specifications if any included in this Contract.
3. General Requirements
A. Construction work times shall be limited to:
8AM to 6PM Monday-Friday, excluding holidays
B. The Contractor needs to be aware of weather and location and plan accordingly.
C. The Contractor must remain aware of the community residences and plan
accordingly. Coordination of each day's work shall be done in advance with
approval from WSP/Engineer.
D. The Scope of Work shall include, but not be limited to, all work shown and listed in
the Project Drawings (Exhibit A). 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 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.
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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. 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
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.
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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.
The Contractor shall accomplish Substantial Completion of the Project within
Ninety (90) calendar days from 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.
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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 Seven Hundred, Forty-Five
Thousand Dollars ($745,000), subject to additions and deductions as provided in
the Contract Documents.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the
Sustainability Program Manager, and upon approval for payment issued by the
Sustainability Program Manager and Engineer, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
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-
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5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work
by the share of the total Contract Sum allocated to that portion of the Work in the
Schedule of Values, less retainage of Five Percent (5%). Pending final
determination of cost to the Owner of changes in the Work, amounts not in dispute
may be included in Applications for Payment. The amount of credit to be allowed
by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be the net cost to the Owner, less Overhead,
Profit and Documented Costs incurred prior to the change Request, as indicated
in the corresponding line item in the Approved Schedule of Values for that line item
as confirmed by the Sustainability Program Manager. When both additions and
credits covering related Work or substitutions are involved in a change the
allowance for overhead and profit shall be figured on the basis of net increase, if
any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the
completed construction (or, if approved in advance by the Owner, suitably stored
off the site at a location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the
General Conditions.
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.
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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) 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.
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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
a public entity for the construction or repair of a public building or public work, may
not submit proposals on leases of real property to public entity, may not be
awarded or perform work as contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
7.6 The following items are included in this contract:
a) The Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained
for a period of seven years from the termination of this agreement or for a period
of three years from the submission of the final expenditure report as per 2 CFR
§200.333, whichever is greater. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such
records of each 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;
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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
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.
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c) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid
or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and
Contractor agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and court costs
as an award against the non-prevailing party and shall include attorney's fees
and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and
their respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees
that it has had ample opportunity to submit this Contract to legal counsel of its
choice and enters into this Agreement freely, voluntarily and with advice of
counsel.
g) Claims for Federal or State Aid. 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. 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.
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i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Contractor agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of
the services under this Agreement. 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,
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, 129357 3 C.F.R. Part,
1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending
Executive Order 11246 Relating to Equal Employment Opportunity, and
implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract
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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
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
247 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.
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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
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
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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.
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
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exceed the cost provided in this chapter or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain
public records that would be required by the County to perform the
service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the contract, the Contractor shall
meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon
request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not
possess the requested records, the County shall immediately notify the
Contractor of the 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.
Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or
as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL
33040, publicrecords&m nroecounty-fl.gov, (305) 292-3470.
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p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28,
Florida Statutes, the participation of the Contractor and the County in this
Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the County be required to contain any
provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the County,
when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County.
r) Legal Obligations and Responsibilities. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
s) Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted
by the Florida constitution, state statute, and case law.
t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Contractor agree that neither
the County nor the Contractor or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
u) Attestations. 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 (Exhibit "F").
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,
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officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
w) Execution in Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by signing any such counterpart.
x) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the County and the County's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified
party by reason of, or in connection with, (A) any activity of 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
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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) Independent Contractor. At all times and for all purposes under this
Agreement, Contractor is an independent contractor and not an employee of
the Board of County Commissioners of Monroe County. No statement
contained in this Agreement shall be construed so as to find the Contractor or
any of its employees, subcontractors, servants, or agents to be employees of
the Board of County Commissioners of Monroe County.
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 that
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.
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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
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
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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
Circumstance, ensure that the effects of any Uncontrollable Circumstance are
minimized and resume full performance under this Agreement. The County will
not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek 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
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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: Sea & Shoreline LLC
4331 Cockroach Bay Road
Ruskin, Florida 33570
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. §§7401-7671q.) 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
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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
prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once
a week. If applicable, the County must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation
(attached hereto as Exhibit "E" 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
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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
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
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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).
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
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
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.gov. The Contractor is required to verify that none of the Contractor's
principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905)
are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R.
§180.935). The Contractor must comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R.
Part 3000, Subpart C, and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the County. If it is later determ ined 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 lExllililbli°t '17 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
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
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.
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
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
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.
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;
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
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.
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.
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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
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 10
Enumeration of Contract Documents
10.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
Exhibit A: Design Drawings
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Exhibit B: Engineering and Environmental Report
Exhibit C: General Conditions
Exhibit D: FDEP Agreement No.: 22-FRP-131
Exhibit E: Wage IIE)e:eirrninar 111W)
Exhibit F: Byrd Anti-Lobbying Certification
County Attestation Forms
10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor.
10.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
10.1.3 The Supplementary and other Conditions of the Contract are those contained in
Attachment C.
10.1.4 The Addenda, if any, are as follows:
Number Date Pages
Addendum #1 November 7, 2025 1
Addendum #2 November 25, 2025 9
Addendum #3 December 11, 2025 2
10.1.5 The Alternates, if any, are as follows: Not Applicable.
ARTICLE 11
Insurance requirements
11.1 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
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
11.2 General Liability
As a minimum, the required general liability coverages will include:
• Premises Operations . Products and Completed Operations
• Blanket Contractual 0 Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GL4 _X_ $2,000,000 Combined Single Limit
11.3 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
11.4 Miscellaneous Coverages
WL2 X Watercraft Liability $1,000,000
BR1 Builders' Limits equal to the
Risk completed project.
POL2 _X_ Liability $1,000,000 per Occurrence/$2,000,000
Agg.
REMAINDER OF PAGE LEFT BLANK
31
. . •Docusign Envelope ID:656C972C-0A53-4FE3-AD:19-A1:482BD1 CFA6 . '• . ' i •• • . . •• • .. . .. •
This Agreement:is.entered. into as of the day and year first written.above Execution by: : : i.... ...:
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32
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EXHIBIT A
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
EXHIBIT B
ENGINEERING AND ENVIRONMENTAL REPORT
34
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
ENVIRONMENTAL SITE ASSESSMENT
LONG KEY TRANSFER STATION
Prepared for
MONROE COUNTY, FLORIDA
WSP USA PROJECT NO.: 600408.16
MAY 2025
Prepared by
WSP USA
16250 NW 59TH AVENUE
MIAMI LAKES, FLORIDA 33014
WSP.COM
MAY 2025
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
TABLE OF 1 INTRODUCTION........................................1
CONTENTS1.1 Scope & Purpose....................................................1
1.2 Site History.............................................................2
1.2.1 Overview.................................................................................2
1.2.2 Project Site-Parcels 00098460-000000 and 00098710-0000002
2 METHODOLOGY.......................................3
2.1 Ecological Survey...................................................3
2.1.1 Data Collection&Analysis........................................................3
3 SITE CONDITIONS....................................4
3.1 Ecological Survey...................................................4
3.1.1 Site Assessment of Parcels 00098710-000000 and 00098460-
000000.......................................
4 ADDITONAL FIGURES..............................5
5 TABLES .....................................................8
6 REFERENCES...........................................9
Table of Contents
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
FIGURES
FIGURE 1 Location Map
FIGURE 2 Site Survey Area
FIGURE 3 Mangrove Fringe
FIGURE 4 Wetland Delineation
FIGURE 5 Identified Gaps in Mangrove Fringe
TABLES
TABLE 1 Vegetation Survey Species List
ATTACHMENTS
ATTACHMENT 1 IPaC Species List
ATTACHMENT 2 FNAI Biodiversity Matrix
ATTACHMENT 3 Photo Log
Table of Contents
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
1 INTRODUCTION
1 .1 SCOPE & PURPOSE
Monroe County(County) is proposing to fortify the Long Key Transfer Station within and adjacent to
parcels 00098460-000000 and 00098710-000000.The project is part of the County's effort to protect
critical infrastructure from storm damage by strengthening assets vulnerable to storm surge.
Current conditions include a riprap fortified shoreline and wetland fringe.The proposed work consists
of repairing the existing riprap shoreline, restoring storm damaged areas of the wetland fringe
through native wetland plantings, and installing wave attenuation devices.
WSP USA, Inc.(WSP) has been contracted by Monroe County to provide permitting and ecological
assessment services for the duration of this project.This report intends to define the existing on-site
environmental conditions including sensitive regulated benthic resources,wetland extent, and
vegetation as defined in 62-312 F.A.C.,62-340 F.A.C., and the Florida Keys National Marine Sanctuary
Resource Assessment Survey Protocols for Nearshore Construction Projects Version November 30,
2022 (FKNMS Survey Protocols-November 30, 2022).
A wetland delineation was performed to identify the landward extent of wetlands and locate the
federal jurisdictional line using the methods and requirements defined in 62-340 F.A.C. Mangrove
fringe and saltmarsh were detected and have been summarised in Section 3.2.
All 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 to
further increase location accuracy. Project maps contained within this report were created using Esri
ArcGIS Pro.
Page 1
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
1 .2 SITE HISTORY
1.2.1 OVERVIEW
The proposed project area
consists of 2 parcels
(00098460-000000 and
00098710-000000) located �� '
approximately 16 miles north
of Marathon, Florida.The
parcels are bounded to the ' �' �' ' 1 � ,�✓����� a
east and west by US-1 and „ !'
Florida Bay respectively and
experiences moderate to
high boat and vehicle traffic
of vacationers and fisherman
traveling to and from the
Florida Keys.The transfer
station allows visitors to
enter the property and
dispose of residential solid
waste on site.
The survey encompassed
approximately 0.39 acres of
wetlands.The survey area
begins along the service road
N 1 inch 5 miles Long Key Transfer Station Restoration
adjacent to the shoreline and �
1 Q 2 E 5 A Site Location Map
extends to the mean �raJez 4�00e��
high- ��r=-� ecl6 F�gu�e
g
water Tine.The proposed
Figure 1: Location Map
project scope is limited to the
survey area.
Page 2
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
1.2.2 PROJECT SITE- PARCELS 00098460-000000 AND 00098710-000000
The site consists of established solid waste facilities.On site, waste is prepared for
transportation and disposal at facilities outside Monroe County.The facility has existing
landfills surrounded by service roads. The property is owned by Monroe County and has an
existing riprap fortified shoreline and wetland fringe spanning most of the survey area.
I � I
r»
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Legend
Sou lruey Rlre
.............
N 1 inch =400feet Long Key Transfer Station Restoration
2 F'e�4
6 204 400 Survey Site
IIIIII A41AA41,FL Figure
n,r a��zoza I is
Project# 600408 2.
Figure 2: Site Survey Area
Page 2
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
2 METHODOLOGY
2.1 ECOLIGICAL SURVEY
On March 26, 2025,WSP scientists conducted a survey of the proposed project area 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 0.4 acres of mangrove
fringe,saltwater marsh wetlands, and mixed species uplands.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.
2.1.1 DATA COLLECTION &ANALYSIS
On March 26, 2025 WSP staff surveyed the portion of the proposed project area waterward of the
mean-high water line to the edge of Card Sound Road to document the vegetation community for
use during project design and submitted 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.The results of the vegetation survey have been depicted in Figures 3
&4.
Page 3
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
3 SITE CONDITIONS
3.1 ECOLOGICAL SURVEY
The assessment areas consisted of approximately 0.4 acres of saltwater marsh. Riprap had been
previously installed along the waterward edge of the road running parallel to the shore with staff
noting areas with a slope greater than the 2:1 recommended.WSP scientists delineated the extent of
wetlands while noting areas suitable for native plantings.
The wetland line follows the toe of the existing riprap(Figure 4) and consisted primarily of
herbaceous obligate wetland flora interspersed with mature black and white mangrove (Avicennio
germinons, Logunculorio rocemoso)fringe (Figure 3).Gaps within the mangrove fringe where
delineated as suitable for mangrove restoration plantings for erosion prevention as well as storm
mitigation.
WSP staff also documented several species classified as Category I invasive by the Florida Invasive
Species Council (FISC) most notable among them Seaside Mahoe(Thespesio populnea) and Brazilian
Pepper(Schinus terebinthifolia).Category I invasives are especially problematic as they have been
documented to quickly spread, establish dense monocultures, and displace native plant communities.
WSP staff were notified of the presence of a resident American Crocodile(Crocodylus acutus) by
Monroe County staff. Monroe County staff described the crocodile as having lived within on of the
saltwater marsh ponds south of the proposed construction site.Although the individual wasn't
observed by WSP staff, it's important to note the presence of the federally and state listed species and
ensure necessary steps are taken to ensure minimal impact during the construction phase of the
project.
Page 4
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
4 ADDITONAL FIGURES
f
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P vY d 1
Legend
0 Mangrove IFlrunge
N 1 inch =150 feet Long Key'Transfer Station Restoration
F'ewt
0 75 150 Mangrove Fringe
dVAN,FL. Figure
Roject tt 600408 3
art ,5
Figure 3:Mangrove Fringe
Page 5
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
UIN
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r "
N 1 inch =150 feet Long Key Transfer Station Restoration
F'w_r�2
A '11.1— :—, % IC] 75 150 Westland Cselineashon
n 5 zu..a MIAM,FL. Figure
Project tt 600408 d.
Figure 4:Wetland Delineation
Page 6
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
I
'r �r
F
1 �
Identified gaps in the mangrove fringe
a� � r
� r /
Legend
/
- 1£u'etland Deluneabon Lune
0 Mangrove IFirunge
N 1 inch=150 feet Lang Key Transfer Station Restoration
F'er_t 'a..ix
0 75 1.�r=4 Gaps in mangrove Fringe
' 9
APAW FL Fi lure
fi amarza
F,,,,eet# 600408 5
Figure 5:Identified Gaps in Mangrove Fringe
Page 7
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
5 TABLES
Table 1:Vegetation Survey Species List
Common Name Scientific Name Endemic
Shrubby Indian Mallow Abutilon incanum YES
Black Mangrove Avicennia germinans YES
Spanish Needle Bidens alba YES
Sea Ox-Eye Borrichia frutescens YES
Seagrape Coccoloba uvifera YES
Green Buttonwood Conocarpus erectus YES
Pinebarren Flatsedge Cyperus ovatus NO
Strangler Fig Ficus aurea YES
White Mangrove Laguncularia racemosa YES
Poisonwood Metopium toxiferum YES
Frogfruit Phyla nodiflora YES
Keys Blackbead Pithecellobium keyense YES
Beach Naupaka Scaevola taccada NO
Brazilian Pepper Schinus terebinthifolia NO
Sea Purslane Sesuvium portulacastrum YES
Shrubby False Buttonweed Spermacoce verticillato YES
Blue Porterweed Stachytorpheto jamaicensis YES
Bay Cedar Suriana maritima YES
Seaside Mahoe Thespesia populnea NO
White Indigoberry Randia aculeato YES
Red Mangrove Rhizophora mangle YES
Page 8
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
6 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
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS)jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but that
could potentially be directly or indirectly affected by activities in the project area. However,
determining the likelihood and extent of effects a project may have on trust resources typically s,,
requires gathering additional site-specific (e.g., vegetation/species surveys) and proJect s ed#fi
���r0/
, �
(e.g., magnitude and timing of proposed activities) information.
oo
100/1 Below is a summary of the project information you provided and contact infofpati fof the
',,,,
USFWS offices) with jurisdiction in the defined project area. Please r � 'th(k, ction to each
section that follows (Endangered Species, Migratory Birds, USF / yrFacil and NWI Wetlands)
for additional information applicable to the trust resources ad/Jlres4�� hat section.
�/Location
i
Monroe County, Florida '"' r
:q Jm
%A19�1y yW�N 1 �UAv
01
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OR
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if IiGr�rM _L..........
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Local office
Florida Ecological Services Field Office
t. (352) 448-9151
1EJ (772) 562-4288
u fw flesre se gv
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 1/25
meAn Envelope E Sec G3osaw UG@$Al g2B@CFe sac GPam Location resource s
777 37th St
Suite D2 O1
Vero Beach, FL 32960 3559
j2tt-s.I/www.fws. oy/O ? florid eCGO¢CG-s ery2es
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 IPaC: Explore Location resources
Endangered species
lIr'INiis ures uurce Illlliiist liiis fair liiiur°t' urunn ntiiii ur null Ilpuiir'Ip ses oinllly mind does n t c uns,fiii1ute nun aur4lllysliiis of
pur jlect Illlev6ll liiiunrillpacts
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside
of the species range if the species could be indirectly affected by activities in that area (e.g.,
placing a dam upstream of a fish population even if that fish does not occur at the dam site, may
indirectly impact the species by reducing or eliminating water flow downstream). Because species
can move, and site conditions can change, the species on this list are not guaranteed to berrr ,
on or near the project area. To fully determine any potential effects to species, additiy, sits %rr
specific and project-specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies t PI.Y" �ohhe Secretary
information whether any species which is listed or proposed to b, I/Sted p e present in the
%, f,
Urr ,
area of such proposed action" for any project that is conduct l p r It od, funded, or licensed by
any Federal agency. A letter from the local office and a so p,�rs�������vhich fulfills this requirement
can only be obtained by requesting an official sp�u ,s�tt� either the Regulatory Review
d
section in IPaC (see directions below) or frori th d a1 i Id office directly.
For project evaluations that require US'fr,WS� of(currence/review, please return to the IPaC
10001/1
website and request an official pies lis '"y doing the following.
A °
%/
1. Draw the projec bation ah click CONTINUE.
2. Click DEF XE PROJECT.
v/
r
� ,i cted,,
3. Log i,, �, d tb do so).
4. P-o/ide nar e and description for your project.
UEST SPECIES LIST.
f,
Listed species- and their critical habitats are managed by the .11[;;;CgIl gjcall...... .Services......11:::1r gir .irk. of the
U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and
Atmospheric Administration (NOAA Fisheries?).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on
this list. Please contact NOAA Fisheries for s ecies under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status pggg for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. .NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of
the National Oceanic and Atmospheric Administration within the Department of Commerce.
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 3/25
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 IPaC: Explore Location resources
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Florida Panther Puma (=Felis) concolor coryi Endangered
Wherever found
No critical habitat has been designated for this species.
htt s:Hecose segov/ecp/species/17 3
Key Deer Odocoileus virginianus clavium Endangered
Wherever found
No critical habitat has been designated for this species.
Ihttlps;,//ecos.,ffs,gov/elp/ Ipeciies/ 3?� f
:. .......................................................
Lower Keys Marsh Rabbit Sylvilagus palustris hefneri Endangered %„ U,
Wherever found
No critical habitat has been designated for this species. 11116
ov/ec eciies/26 8..5 Ihttlps.:... g....... Ip. lp
%l%/i
Puma (=mountain Lion) Puma (=Felis) concojor', �,, b� SAT
except coryi) %
No critical habitat has been designated, this p es.
Ihnttlp ;,//eco & .:g2 ecp/bpecu /
Silver Rice Rat Or zorr s p lustris natator Endangered
jai"
There is fjr, criti �habitat for this species. Your location does not
ove � p,the° itical habitat.
ntt1 s:He% s„fi/4es„gov/ecp/bjgg.gle, / g8 ,
Ok
f
%��r/
///,1,,,;/ra,
Tolored Bat Perimyotis subflavus Proposed Endangered
Wherever found
No critical habitat has been designated for this species.
htt s:Hecose segov/ecp/species/1 515
West Indian Manatee Trichechus manatus Threatened
Wherever found Mairiine imailnil° al
There is final critical habitat for this species. Your location does not
overlap the critical habitat.
htt s:Hecose segov/ecp/species/ 9
Birds
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 4/25
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lPaC: Explore Location resources
NAME STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
Wherever found
No critical habitat has been designated for this species.
bttps:Hecos.fvvs.g2v/ecp sLpecies/1 0477
Roseate Tern Sterna dougallii dougallii Threatened
No critical habitat has been designated for this species.
btt s:Hecos.fws.ggv/ecp L
Reptiles
NAME STATUS ki
American Alligator Alligator mississippiensis SAT ;%,
dwel 01 Or
Wherever found "t.... ........
ki",
No critical habitat has been designated for this species. o/o,
%%
alpp ............................................
.glies/.. 7 76
American Crocodile Crocodylus acutus F, Threatened
There is final critical habitat for this species. Your lofp/tidtft does /ot
overlap the critical habitat. o//
ir
hjjlpa W
alp p.gl�es/6604
",kh".000/0"
v.
1100
Eastern Indigo Snake D Threatened
I" ,I oupen
�i//P/Y
Wherever found
No critical ha ita i nated for this species.
%aiojqUlp.a,.He -�lp 1p
.................. a e s/5 4 6.
%
p r 0$NKpA Mole Skink Plestiodon egregius egregius Proposed Threatened
er erfound
There is proposed critical habitat forth is species. Your location
does not overlap the critical habitat.
bttps:Hecos.fvvs.ggv/eep L
Hawksbill Sea Turtle Eretmochelys imbricata Endangered
Wherever found
There is final critical habitat for this species. Your location does not
overlap the critical habitat.
btt s:Hecos.fvvs.g2v/ecp L
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 5/25
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 IPaC: Explore Location resources
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
Wherever found
There is proposed critical habitat for this species.
httse//ecose segov/ecp/species/5523
Key Ring-necked Snake Diadophis punctatus acricus Proposed Endangered
Wherever found
There is proposed critical habitat for this species. Your location
does not overlap the critical habitat.
httse//ecose segov/ecp/species/ 73
Leatherback Sea Turtle Dermochelys coriacea Endangered ,
Wherever found
There is final critical habitat for this species. Your location does not if
overlap the critical habitat.
Irntt s;,//ecc .:.., s. �,o✓/ec / eciie, /14g , rv% ,Jf " f,,,r%
IP. ..IP % U,.
Loggerhead Sea Turtle Caretta caretta %% %%Thre rlred
There is final critical habitat for this species. Your location d�O sj t
'//%1 r ji,
overlap the critical habitat. 0% %„MON011/00% 1�/�
Ihttl�s;,//ecc .:ffws.gtr/eIP/. IPeciie, /111,D
/G%
Rim Rock Crowned Snake Tantilla o iti Proposed Endangered
Wherever found Afiii�'°`
t
There is proposed crib W�pl f� this species. Your location
f, %
does not overlap toje'cr ,calf beat.
Ihnttp ;,//eco s I{�!` fa ..... �1 ,
Nk
%Ej
1
STATUS
Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi Threatened
Wherever found
There is final critical habitat for this species. Your location does not
overlap the critical habitat.
httse//ecose seg2v/ecp/species/ 51
Insects
NAME STATUS
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 6/25
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Miami Blue Butterfly Cyclargus thomasi bethunebakeri Endangered
Wherever found
No critical habitat has been designated for this species.
httse//ecose segov/ecp/species/3797
Monarch Butterfly Danaus plexippus Proposed Threatened
Wherever found
There is proposed critical habitat for this species. Your location
does not overlap the critical habitat.
httse//ecose segov/ecp/species/973
Flowering Plants ki
NAME STATUS ,,,,,,,,,,/%"
Big Pine Partridge Pea Chamaecrista lineata keyensis Endangere '1 '%,frf'J
There is proposed critical habitat for this species.
Ipeciie Ihttl�s;,//eccs., s,gtr/elp/ , /84ta.
Blodgettreatened
s Silverbush Argythamnia blodgettii lei
There is proposed critical habitat for this species
Iqttps;,//eco „,,fin�s,.gav/ecplpeciies/ 2
Cape Sable Thoroughwort Ch„a,/olal naustrata Endangered
There is final critical hab Species. Your location does not
overlap the critical h,abi
i
Ihnttl�Js;,//ecos..... s v l es/4 33
ii°
MR
2 ,a
EvQ,rg)b
; ti
1deg6Bu y Sideroxylon reclinatum ssp. Threatened
1aTj,dI nse
�J
re is proposed critical habitat for this species.
Ihjjjp, ,;,// , ,,. ,,,.gs, / 11. Ip .......................................................il
Florida Pineland Crabgrass Digitaria pauciflora Threatened
There is proposed critical habitat for this species.
httse//ecose segov/ecp/species/3723
Florida Prairie-clover Dalea carthagenensis floridana Endangered
There is proposed critical habitat for this species.
httse//ecose seg2v/ecp/species/23
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 7/25
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 IPaC: Explore Location resources
Florida Semaphore Cactus Consolea corallicola Endangered
There is final critical habitat for this species. Your location does not
overlap the critical habitat.
httse//ecose segov/ecp/species/ 35
Garber's Spurge Chamaesyce garberi Threatened
No critical habitat has been designated for this species.
httse//ecose segov/ecp/species/3229
Key Tree Cactus Pilosocereus robinii Endangered
No critical habitat has been designated for this species.
Ihttlps%,//ecc ., s,g �r/e IPI. �IPeglie /2520
ki
/
g
Sand Flax Linum arenicola Endangered ".
,,,., I,,,,IJ ,,,
There is proposed critical habitat for this species. opo'
Ihnttp //eco p/bIgp.gl......................................................./3t rl f
J ,rf` ;an Wedge Spurge Chamaesyce deltoidea serpyllum ,, "16, n ered g
There is proposed critical habitat for this species. ��� %, -P,
Ihttl�s;,//ecc ., s,gs,tr/ell. Ipegle /949 %
Critical habitats %,
1
,f %
Potential effects to critic s) In this location must be analyzed along with the
endangered specietf� arrl, S.
The ,arnd`critical habitats at this location.
You are still required to determine if your project(s) may have effects on all
above listed species.
Bald & Golden Eagles
Bald and Golden Eagles are protected under the Bald and Golden Eagle Protection Act 2 and the
Migratory Bird Treaty Act (MBTA) 1. Any person or organization who plans or conducts activities
that may result in impacts to Bald or Golden Eagles, or their habitats, should follow appropriate
regulations and consider implementing appropriate avoidance and minimization measures, as
described in the various links on this page.
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 8/25
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 IPaC: Explore Location resources
Additional information can be found using the following links:
• Eagle Management tt s://wwwefwsegov/ ro ram/eagle®management
• Measures for avoiding and minimizing impacts to birds
12tt_s1/www.fws. ov/librar /collections/avoiding-and-minimizing-incidental-take-migEato ®birds
• Nationwide avoidance and minimization measures for birds
tt se//wwwefwsegov/sites/ efault/files/documents/nationwide®standard®conservation®
measures° f
• Supplemental Information for Migratory Birds and Eagles in IPaC
tt gov/media/supplemental-information-migrato -
birds-and-bald-and-golden-eagles-ma -occur-project-action
There are Bald Eagles and/or Golden Eagles in your pirPigg!, area.
Measures for Proactively Minimizing Eagle Impacts �� �
For information on how to best avoid and minimize disturbance to nestingbald ea I lea
� �
��
review the National Il .alld II �aglle IL ian g meint Guidelines. You may employ the ft' g �d vity-
specific distance recommendations in this document when designing ya„ r p t/�ktivity to avoid
g p g Information specific to�4las �pl ase refer to II;3all '.
and minimize ea le impacts. For bald eagle
Eagle INe tiling and S nsiitiiv.pty to...11.luiir� n Actii.A.y. " f'% ,
iai
1PW
00
The FWS does not currently have guidelines for avoidiiin � ► m� izing disturbance to nesting
%
Golden Eagles. For site-specific recommendaa> s0dinnesting Golden Eagles, please
consult with the appropriate Regional .I y„II fi ce or ppcopl giicM Services pl Jeld Office.
i. .. . .
If disturbance or take of eagles not e a ided an .i.r�.�;..de.r-rl.�a.. talk. ppelrir�J1 may be available to
r' ai ie°
authorize any take that resf �,fro ut is not the purpose of, an otherwise lawful activity. For
/
assistance making t d term)n ion for Bald Eagles, visit the II�o I1,,,,,,pNeed,,,,,A II''elrm iit 11"boll.. For
p� �,
assistance making t � ,defy nation for golden eagles, please consult with the appropriate
Regional if ly i'/u Office or I '.collogiicall Services II J ld Office... ..... .
� � o
Ensudr, You Eagle List is Accurate and Complete
a roJect area is in a poorly surveyed area in IPaC, your list may not be complete and you
mad need to rely on other resources to determine what species may be present (e.g. your local
FWS field office, state surveys, your own surveys). Please review the Supplemental Information
on Migratory Birds and EagLes, to help you properly interpret the report for your specified location,
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 reduce impacts to bald or golden eagles on your list, see the "Probability of Presence
Summary" below to see when these bald or golden eagles are most likely to be present and
breeding in your project area.
Review the FAQs
The FAQs below provide important additional information and resources.
NAME BREEDING SEASON
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Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
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.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Sup lemental
Ill.irn:fo.irlrn.at.ii. .irk......o ir.....alA..iigir t .iry......11 m..hard. ...... ark. '......Il .. gllg.5"., specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this'%
report.
��%i/iiiiooj 0/6
Probabilityof Presence 0/'f'
O
Each green bar represents the bird's relative probability of presence in 144e 1 ;, gird cell(s) your
project overlaps during a particular week of the year. (A year is repesenYd 12 4-week
months.) A taller bar indicates a higher probability of species�res�,; ,e.T/he survey effort (see
below) can be used to establish a level of confidence in iere Ce score. One can have higher
oil, ���/0,�,
confidence in the presence score if the correspon� 0 ��ryeeffort is also high.
INN
How is the probability of presence score„ ( late he calculation is done in three steps:
16,
n/
1. The probability of presence ar,,� acl`tgyye c is calculated as the number of survey events in the
�!
week where the specie y cted divided by the total number of survey events for that
week. For examp , i/jn w ��12 there were 20 survey events and the Spotted Towhee was
th / foie'
found in 5 of a „� bability of presence of the Spotted Towhee in week 12 is 0.25.
2. To prq AyN reserk the pattern of presence across the year, the relative probability of
i/i �„ o,
e enc1iis calculated. This is the probability of presence divided by the maximum probability
e across all weeks. For example, imagine the probability of presence in week 20 for
he spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the
maximum of any week of the 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 so that all possible values fall 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 range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (II)
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Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 1Okm grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
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. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
11 probability of presence breeding season survey effortOlk
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT/ ,�N
TIR
NOR
Bald Eagle .,� I I ..a I �i, �....� ..t..L...L...a ......i..., ..a. �i, l� l r ..a...,lG�� k �� Gi
Non-BCC h h ,
Vulnerable 'f NO
Bald & Golden Eagles FAQsIN %,,,,,,,,,,���,,
What does IPaC use to generate the potential pr 'Mii)p&„o"1b41 and golden eagles in my specified
location?
The potential for eagle presence is dRr� ed fr n d to provided by the Avian Slro ge (A! 1 ),. The AKN
data is based on a growing collectl66�' � _y.inig,.... nd c.iifii,zen s......ciienc.e„datas t , and is queried and filtered
to return a list of those birds porgy s occurring in the 1Okm grid cell(s)which your project intersects, and that
pp o
have been identified a WaI r in�pecial attention because they are an eagle ([...19. , and Golden I: gll ,
II'ir wt ct(g.ini,,,,Ac r Uirem is may apply).
Proper fitter ytan and use of your eagle report
Q ,,,th h�� rovided, please look carefully at the survey effort (indicated by the black vertical line) and for the, �,g � �j�
J,
e of the "no data" indicator(a red horizontal line).A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low
survey effort line or no data line (red horizontal) means a lack of data and, therefore, a lack of certainty about
presence of the species. This list is not perfect; it is simply a starting point for identifying what birds have the
potential to be in your project area, when they might be there, and if they might be breeding (which means nests
might be present). The list and associated information help you know what to look for to confirm presence and
helps guide you in knowing when to implement avoidance and minimization measures to eliminate or reduce
potential impacts from your project 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), you may query your location using the RAIL Tool and view the range maps provided for birds in your
area at the bottom of the profiles provided for each bird in your results. If an eagle on your IPaC migratory bird
species list has a breeding season associated with it (indicated by yellow vertical bars on the phenology graph in
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your"IPaC PROBABILITY OF PRESENCE SUMMARY" at the top of your results list), there may be nests
present at some point within the timeframe specified. If"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 a particular week of the year.A taller bar indicates a higher probability of species presence. The survey
effort can be used to establish a level of confidence in the presence score.
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 was detected divided by the total number of survey events for that week. For example, if in week 12
there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the
Spotted Towhee in week 12 is 0.25.
To properly present the pattern of presence across the year, the relative probability of presence is cal5wat�
This is the probability of presence divided by the maximum probability of presence across all weeks , or �,
example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and1 ate' r bility
it
of presence at week 12 (0.25) is the maximum of any week of the year. The relative prohaP ility�r f pf Bence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
r 11
The relative probability of presence calculated in the previous step underg4,p9�%a statical conversion so that all
%„
possible values fall between 0 and 10, inclusive. This is the proba pr ehj& score.
� IV,
Breeding Season O l r, fr,,
Yellow bars denote a very liberal estimate of the tim r,91 1 w�iich the bird breeds across its entire range.
�
If there are no yellow bars shown for a bird, it Ges tot br edJ your project area.
Survey Effort O
Vertical black lines superimposed ojability of presence bars indicate the number of surveys performed for
that species in the 10km"ridcell( r protect area overlaps.
No Data O ,, 41111
y/4,
A week is maedilas havg no data if there were no survey events for that week.
Survda,� imefine
S '111' % frdonly the last 10 years are used in order to ensure delivery of currently relevant information. The
exception to this is areas off the Atlantic coast, 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 transport) of protected migratory bird species without prior authorization by the
Department of Interior U.S. Fish and Wildlife Service (Service).
1. The Migrato Birds Treaty Act of 1918.
2. The al and olden Eagle Protection Act of 1940.
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Additional information can be found using the following links:
• Eagle Management tt s://wwwefwsegov/ ro ram/eagle®management
• Measures for avoiding and minimizing impacts to birds
12tt_s1/www.fws. ov/librar /collections/avoiding-and-minimizing-incidental-take-migEato ®birds
• Nationwide avoidance and minimization measures for birds
• Supplemental Information for Migratory Birds and Eagles in IPaC
tt se//wwwefwsegov/media/supplemental-information-migrato -birds-and-baid-and-goiden-
eagles®may®occur® roject®action
Measures for Proactively Minimizing Migratory Bird Impacts
Your IPaC Migratory Bird list showcases bir..dsof,,,,cc,rlccrg,, including ,,,,,,,,,,_r..dsof,,,, ,c,g,sc,ry a t,i,c, .
o.1-1.ce.rin in your project location. This is not a comprehensive list of all birds found in your
project area. However, you can help proactively minimize significant impacts to all birds at yu %,
project
fa,:�Ir Ihiilyds document and an otherproject-specific ade a�rs�ndairn,ce air-rl, mini atnd ro ect location b implementing the measures in the Nationwide
...... ........ ......... Y avoidance mi j 01"It"",
l z 'or t measures suggested at the link IMeas uar . .....for..... .voi g .ir..n. ....-Imii..rr-flir�.ijziar.p .....il
gg .. . ...r: ... g P he
birds of concern on your list below.
Ensure Your Migratory Bird List is Accurate and Complete
// i f fr/%
If your project area is in a poorly surveyed area, your�s � �rfot» e complete and you may need
to rely on other resources to determine what s k�pcl resent (e.g. your local FWS field
office state surve s our own surve s . e'se ruw the ..0 ......II. .InC.. .rr:tt :.11......11..rr.f¢ .rrl - fii-crr..n....-car.....-IIfl.ii, rrtc.rr ..
Y Y Y ) ,, , III g Y
IBlr s airn ....11 agllos doou meir.na to help yoAv
pro interpret the report for your specified location,
including determining if there i � `u icI nf�'A l to to ensure your list is accurate.
'fL
,
For guidance on whe�to%Sche�i I activities or implement avoidance and minimization measures
,/
to reduce imps ,ts t � �'�r birds on your list, see the Probability of Presence Summary
below to see"' en theme birds are most likely to be present and breeding in your project area.
�11,0,iii
if/ 4/1,
81
Revi ,yth eAQs
T �s below provide important additional information and resources.
NAME BREEDING SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
htt s:Hecos.fvvs.ggv/ecp/species/95 7
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
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.
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Black Skimmer Rynchops niger Breeds May 20 to Sep 15
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
httse//ecose segov/ecp/species/523
Brown Pelican Pelecanus occidentalis Breeds Jan 15 to Sep 30
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.
httse//ecose segov/ecp/species/ 3
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 2 �,,,0
This is a Bird of Conservation Concern (BCC) throughout its range if
in the continental USA and Alaska. !/
r. i/r/
r
'i,
Double-crested Cormorant phalacrocorax auritus Br1b ls to Aug 31
This is not a Bird of Conservation Concern (BCC) in this area but
warrants attention because of the Eagle Act or for potential
o/ � f
susceptibilities in offshore areas from certain types of de,
or activities.
Ihntt b ecii /34 78
I� g....
1 j
Florida Burrowing Owl Atheq ic f(loridana Breeds Mar 15 to Aug 31
This is a Bird of Con sejqjq'4d& (BCC) only in particular Bird
fi �i
Conservation Repos ' CR� lithe continental USA
Great „Hr�n Ar'/dea herodias occidentalis Breeds Jan 1 to Dec 31
h I is a ird Hof Conservation Concern (BCC) only in particular Bird
, jnSation Regions (BCRs) in the continental USA
ijJfjfi oGii�/r.
Least Tern Sternula antillarum antillarum Breeds Apr 25 to Sep 5
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
httse//ecose segov/ecp/species/979
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Magnificent Frigatebird Fregata magnificens Breeds Oct 1 to Apr 30
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 20 to Aug 20
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 25 to Aug 15
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Pectoral Sandpiper Calidris melanotos Breeds elsewhere������� '6
This is a Bird of Conservation Concern (BCC) throughout its range � � ,rr%,
in the continental USA and Alaska. o°'` 'r,,f J r
Prairie Warbler Setophaga discolor Bree'l4� ay 1 to Jul 31
/ %,
This is a Bird of Conservation Concern (BCC) throughout its range �, INN 001
in the continental USA and Alaska. %
i
ij�r/ �,M,/ �
Red-breasted Merganser Mergus serrator �, Breeds elsewhere
This is not a Bird of Conservation Con (B��da this area, but
1,
warrants attention because off/, �lagl /rrct for potential
susceptibilities in offish or��, re f/V, certain types of development
✓ i, 'i
or activities. /�,,
j///r i /'i rii.,l
/
,oi
Reddish/// r � Egreffia rufescens Breeds Mar 1 to Sep 15
If y
Th ' is a' ird° f Conservation Concern (BCC) throughout its range
tinental USA and Alaska.
",,f ...s........... s e, /.. ..............
Ring-billed Gull Larus delawarensis Breeds elsewhere
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 15 to Aug 31
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.
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Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Semipalmated Sandpiper Calidris pusilla Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Short-billed Dowitcher Limnodromus griseus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
Ihttl�s%,//ecc ., s,g �r/eIPI. IPecii , /g4 p,
' ki
/f
Swallow-tailed Kite Elanoides forficatus Breeds Mar 19,, tq �n 3 „H
This is a Bird of Conservation Concern (BCC) throughout its range 0/0/i
in the continental USA and Alaska. N °%
https;,//ecc .,ff s,g eg g..pec /803 Iii.......................................................
'%
16
White-crowned Pigeon Patagioenas leucocephala %/'f% '°'' rl/ ri6reeds May 1 to Sep 30
This is a Bird of Conservation Concern (BCC) thr ne
in the continental USA and Alaska.
Ihttlps;,//ecc 1p..Ifpecii.......................................................
/40 Jowl
Willet Tringa semipalmat r/ �� Breeds Apr 20 to Aug 5
ii/l ��l/ j//Zai
This is a Bird of Cogse/iatior ncern (BCC) throughout its range
in the Conti jental%/J/5, gtjo, ska.
10
WI„oaf s ve Charadrius wilsonia Breeds Apr 1 to Aug 20
bird of Conservation Concern (BCC) throughout its range
`''lf`%J e continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Sup lemental
Information on Migrator Birds and ales", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this
report.
Probability of Presence O
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Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.)A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the 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 where the species was detected divided by the total number of survey events for that
week. For example, if in week 12 there were 20 survey events and the Spotted 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 calculated. This is the probability of presence divided by the maximum probaqItj%
of presence across all weeks. For example, imagine the probability of presence in v//��Oe����,for4
the Spotted Towhee is 0.05, and that the probability of presence at week 1111
2 �� I ,, h
maximum of any week of the year. The relative probability of presence oyree ,1214s 0.25/0.25
= 1; at week 20 it is 0.05/0.25 = 0.2. jjO"
probability p p st p unf8 roes a statistical
3. The relative robabilit of presence calculated in the reviou�,�
conversion so that all possible values fall between 0 Ir�yll e. This is the probability of
presence score.
fif "%
To see a bar's probability of presence score„ rn Ji
ovr your mouse cursor over the bar.
Up
%iiiiii////1/°/
Breeding Season (
r
Yellow bars denote a very liber I'e, tima u� the time-frame inside which the bird breeds across its
I%/(iiiiai ��1/����i �/I
entire range. If there are yf6 � Rd" 6 rs shown for a bird, it does not breed in your project area.
10001
Survey Effort �,)
Vertical Ill ", ges su rimposed on probability of presence bars indicate the number of surveys
,,
perfc�rrr d f that species in the 10km grid cell(s) your project area overlaps. The number of
rJ`` pressed as a range, for example, 33 to 64 surveys.
Jf
To Flee 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. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
0 probability of presence breeding season II survey effort °°°°°°°.no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
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IPaC: Explore Location resources
American j
HIM HIM
u
"141VI'l "I'Al, Al
"li
will W W
Kestrel
BCC-BCR
Bald Eagle
Non-BCC
,rp
lit?
Vulnerable
Black Skimmer _["11"1,A, At,111- 'i't]''t t V A
BCC Rangewide
(CON)
Brown Pelican Im" HIM
j V "11-
F A—-
Non-BCC
Vulnerable
Chimney Swift .teAl A, I"A' A A-
BCC Rangewide
(CON) 0/6
o
Double-crested wg
i 1p"Ii/ W I
A
Cormorant UIMl W I
Non-BCC
oo, 11
Vulnerable 4%,",
V",
Florida ph
If
Burrowing Owl
'k
BCC-BCR 1/0
Great Blue ..................
I ........ ..
Heron
V
BCC-BCR
Al
Least Tern
t ]"erf"'ll
I )// 11,111, Al 'I, 'I, 'I, 'I, 'I, 'I, 'I,
1114(111,11'/" f ":,I, ,1, 111.1 Al, Al
7
BCC Rangewide
k/w/i 0
(CON) zar
're
"000", ci
Lesser r
Yellowlegs (
BCC Raye0dig
(CO
wo"110 ��j
Fri ir
BCC-BCR
Mangrove V A A
Cuckoo
BCC-BCR
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Painted Bunting ,I,,"l,"I,A I........V "1'1" A
BCC-BCR
Pectoral
Sandpiper
BCC Rangewide
(CON)
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lPaC: Explore Location resources
I,% IIII
Prairie Warbler Im" gw N WN
H "'I'll jr IF,I
BCC Rangewide W
(CON)
Red-breasted
"I I,"I" "I _I__I_-I .pie
Merganser
Non-BCC
Vulnerable
Reddish Egret
If Ili _1_1_$�j
411, 4,-1",
BCC Rangewide ff 1,1111" 111 1
(CON)
Ring-billed Gull
k
'I........11- -A--I--I, -I I_[ -I"A'All A11111111'"I",
Non-BCC
Vulnerable
S
Royal Tern NO/
wo
W O//lphr k",
a bittfi Non-BCC IW a
Vulnerable 4k
Rudd M/d/r,
y
A,A_A_ A- pv A
-I,, A-
,A_
Turnstone
w "I wh u�
m
m
o
BCC BCR
Sennipalmated
i
1 f I I, f 'I, 'r I, 'I, I ol t tif 1, 1' I_ 4_ 4_ f t 'r I,
owp
Sandpiper
1I
/11, \BCC-BCR A
F, 0 Short-billed
t 1 fI I, 'I, j, 9, ' I,
Dowitcher
111
"WIN,
"Up
BCC Rangewide
",64".0/0"
(CON)
0/100/b/l/11
Swallow-tailed
I
➢ "Wjow�,, 1�11 kill 1[ L.
1
t lwoor
Kite A,
BCC Rangewide
0%0'00
(CON) ,00111t
White-crow, 1/k mp mm Iym IMI gm INk"INk" gy,
1, 1, t I,
9 % "IN,
80NIQ Rip
6� 4011
N)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Willet "11"A, J, A,
BCC Rangewide
(CON)
Wilson's Plover I A,
BCC Rangewide
(CON)
Migratory Bird FAQs
Tell me more about avoidance and minimization measures I can implement to avoid or minimize impacts
to migratory birds.
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Nationwide Avoidance & Minimization Measures for Birds describes measures that can help avoid and minimize
impacts to all birds at any location year-round. When birds may be breeding in the area, identifying the locations
of any active nests and avoiding their destruction is one of the most effective ways to minimize impacts. To see
when birds are most likely to occur and breed in your project area, view the Probability of Presence Summary.
Additional measures or permits may be advisable depending on the type of activity you are conducting and the
type of infrastructure or bird species present on your 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 warrant special attention in your project location, such as those listed under the Endangered Species Act or
the Bald and Golden Eagle Protection Act and those species marked as "Vulnerable". See the FAQ "What are the
levels of concern for migratory birds?" for more information on the levels of concern covered in the IPaC
migratory bird species list.
Al �„
The migratory bird list generated for your project is derived from data provided by the Avoaini,,,I�nch,ed � e j
(AIK,I��),. The AKN data is based on a growing collection of kury y1 gdlingaidJtlen scleincedaVi !as an
queried and filtered to return a list of those birds reported as occurring in the 10km grid celf(i�witkf hichi our
project intersects. These species have been identified as warranting special attention b 'use' ey�bre BCC
species in that area, an eagle (Ilalld 0,Imd Ccll, en II a111e II 1Irtectii ,ir�A ; requiremers ay p� ), or a species that
lL ?,
has a particular vulnerability to offshore activities or development
Ufo y
i, le
Again, the Migratory Bird Resource list includes only a subset ofyyfds t , t rry occur in your project area. It is
not representative of all birds that may occur in your project a mist of all birds potentially present in
%, ,/
O
your project area, and to verify survey effort when nol �ureft;'please visit the IIal�ii ,,,Aviiain�,,,,,Ilinfcirmn� tiicirn,
II ocatolr(II , IIII ) � , ,IL.Why are subspecies showing upon �ily list.'
l � f;�
Subspecies profiles are'„clu ied oi tl$p list of species present in your project area because observations in the
AKN for the species aieinlcted. If the species are present, that means that the subspecies may also be
present. If a su, e Cie s ows up on your list, you may need to rely on other resources to determine if that
subspe ay resent (e.g. your local FWS field office, state surveys, your own surveys).
ii�//ii �
W t "des IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the
Avian Knowledge Network (AKN),. This data is derived from a growing collection of survey,, banding, and citizen
science datasets.
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go to the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
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), you may query your location using the RAIL Tool and view the range maps provided for birds in your
area at the bottom of the profiles provided for each bird in your results. If a bird on your IPaC migratory bird
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species list has a breeding season associated with it (indicated by yellow vertical bars on the phenology graph in
your"IPaC PROBABILITY OF PRESENCE SUMMARY" at the top of your results list), there may be nests
present at some point within the timeframe specified. If"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
anywhere within the USA(including 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
continental USA; and
3. "Non-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the,Ball. ' „irk, Golden I;;;; gll. , 11;',ir�jg,2ii,o,lr Act requirements (for eagles) or(for non-eagles) potential
susceptibilities in offshore areas from certain types of development or activities e. . offshore energy
P Yp P 9 9Y
,,,wr„ 1
development or longline fishing). �� � fr
Although it is important to avoid and minimize impacts to all birds, efforts should be made, irg rt U toy void
and minimize impacts to the birds on this list, especially BCC species. For more inform ,jon o ��avolance and
minimization measures you can implement to help avoid and minimize migratory,aNirrf � � please see the
FAQ "Tell me more about avoidance and minimization measures I can implem, nt to° v0, or minimize impacts to
migratory birds".
"/,i,,r
°i kriram"nol//ai gr
Details about birds that are potentially affected by offVppr�y r'
For additional details about the relative occurra� e nd auhilance of both individual bird species and groups of
bird species within your project area off the, 'I tic please visit the NortheastOce n I)ataI::Iort ll. The,,,, , ,,,, ;
r
Portal also offers data and informatp out axa besides birds that may be helpful to you in your project
Ar
review. Alternately, you may %�'�ol� � ird model results files underlying the portal maps through the.INOAA
..........
INQC.0S Ilnte iratiive Stati tic It c ' Ilia r aired IPirediictiive IMa lire of Ilt�alrrlirne Bird I[1stlributiions aired Albuirndairnce cirn
g........................... ........................................................................................................................{ {.............g...............................................................................................................................................................................................................................................................................................................
0 1,
the,Atlantic Outer C on1t� eri 1, I project webpage.
Proper iterpta0on and use of your migratory bird report
T bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated and see options for identifying what other birds may be
in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially
occurring in my specified location". Please be aware this report provides the "probability of presence" of birds
within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided,
please look carefully at the survey effort (indicated by the black vertical line) and for the existence of the "no
data" indicator(a red horizontal line).A high survey effort is the key component. If the survey effort is high, then
the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no
data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list does not
represent all birds present in your project area. It is simply a starting point for identifying what birds of concern
have the potential to be in your project area, when they might be there, and if they might be breeding (which
means nests might be present). The list and associated information help you know what to look for to confirm
presence and helps guide implementation of avoidance and minimization measures to eliminate or reduce
potential impacts from your project activities, should presence be confirmed. To learn more about avoidance and
minimization measures, visit the FAQ "Tell me about avoidance and minimization measures I can implement to
avoid or minimize impacts to migratory birds".
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 21/25
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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 a particular week of the year.A taller bar indicates a higher probability of species presence. The survey
effort can be used to establish a level of confidence in the presence score.
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 was detected divided by the total number of survey events for that week. For example, if in week 12
there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the
Spotted Towhee in week 12 is 0.25.
To properly present the pattern of presence across the year, the relative probability of presence is calculated.
This is the probability of presence divided by the maximum probability of presence across all weeks. For
example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability
of presence at week 12 (0.25) is the maximum of any week of the 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. Ove
/fo
The relative probability of presence calculated in the previous step undergoes a statistical cony, so tf gall
possible values fall between 0 and 10, inclusive. This is the probability of presence score. �''��
Breeding Season
Yellow bars denote a very liberal estimate of the time-frame inside which tf'�e bird brd �across its entire range.
J, '%
If there are no yellow bars shown for a bird, it does not breed in your projecyya, a 0/6
op f
Survey Effort O % %I„m,/ll/''rma,,,, /
Vertical black lines superimposed on probability of preser�° a� irtdi ate the number of surveys performed for
„rrrr,, //,,0"
that species in the 10km grid cell(s)your project arO o s
�/
No Data
A week is marked as having no dat /tiff/ rev �o survey events for that week.
OFr/marir r f fig jr/°//ilii�.
Survey Timeframe (2110111
°'';/
Surveys from only the 1st are used in order to ensure delivery of currently relevant information. The
exception to th r s�area off the Atlantic coast, where bird returns are based on all ears of available data since
i Y
data in the,pre9 is currently much more sparse.
j 'f;
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Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act! 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 the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries-2 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the .Ll Marine Il air ..mall . page ofll w '�
eMMbw
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals aid fuiter�� oo°rd in
may be necessary for project evaluation. Please contact the U.S. Fished �) tervice Field
Office shown.
it/%'0„,,,
1. The II ::.ir1dair'n aired S ecii. s A :d (ESA) of 1973.
2. The Coriveri icon crl Ilnteri natiioriall 11 rade iini Il.ariAd Iry , �6 d,, � dies of Wild 11:`au..�na and II::::Ilclra
........ ........ ......... ......... ......... ........ ,,,_" g ,
(CITES) is a treaty to ensure that interns "ona`1'%ride rh plants and animals does not threaten
iiii '%iiiiiii//1/%
their survival in the wild. I/K
3. ,INQA II�nslli me ,, also know,,4, the ,Anal Marine Fisheries Service (NMFS), is an office of
the National Oceanic��fdr��4� ieric Administration within the Department of Commerce.
INK
%.
The following marine ��ar .�,��1s under the responsibility of the U.S. Fish and Wildlife Service are
potentially a1 ted b"'( ctivities in this location:
IF
fe5ndian Manatee Trichechus manatus
Ihn, 1 . ..:// , .;,. ne.:: c,tr/ I{ / J{ e s/4 4 6 9..
Facilities
Wildlife refuges and fish hatcheries
Refuge and fish hatchery information is not available at this time
https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 23/25
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Wetlands in the National Wetlands Inventory
( N W I )
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Cor s of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine the
actual extent of wetlands on site.
This location overlaps the following wetlands: 1
/ �f /I//%frf'r. 1
ESTUARINE AND MARINE DEEPWATER
....................................................
IN
ESTUARINE AND MARINE WETLAND ���'� W�° G
°r
IE:2 II'0II
"� 1° /"'oj i/ii
II:,'?II' DIS S ,II,;;,,,, f
iiiii j i
11:, 2US/SSON
Il; II 1NA I I
.................................... JO/11
RIVERINE
111�113,III '10001
i/i'
A full d cr ioi �or each wetland code can be found at the If i. tiioirlall Wetlands riveir Cory v�r l�siit e..
N( ;t�E:'fhis initial screening does not replace an on-site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography.A margin of error
is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in
revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping
problems.
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Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, 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��n
a different manner than that used in this inventory. There is no attempt, in either the design or products of � '�,,
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or esbil�sh °.
the geographical scope of the regulatory programs of government agencies. Persons intend, t rf ag��n
,
activities involving modifications within or adjacent to wetland areas should seek the ady'),ce otpp� Ipriate
Y.
Federal, state, or local agencies concerning specified agency regulatory programhdr% J,etry jurisdictions
that may affect such activities. f ,,,,frrf fr//r
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https://ipac.ecosphere.fws.gov/location/IYLJSCRT5FEKDCEDAWBZ7JEE3A/resources 25/25
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 FNAI Biodiversity Matrix
w'
rida Natural
eas
8,10 o.uuu.224 82,a u,.re,.,roao:re BiodiversityM l'1Xt 1' R )(Inventory
n�du awGn 4.rea uxx at Query esU is
)a, �'IIIAA l r t� am wa-are�.Vm�.uu.r�u'
UNOFFICIAL REPORT
Created 10/20/2025
F I�14
Y I (Contact the FNAI Data Services Coordinator at 850.224.8207 or
� x Arem kbrinegar@fnai.Amedu for information on an official Standard Data Report)
I N V E N J'0 R,Y
NOTE: The Biodiversity Matrix includes only rare species and natural communities tracked by FNAI.
Report for 4 Matrix Units: 49250,49251,49582,49583
Descriptions
DOCUMENTED - There is a documented occurrence in the
FNAI database of the species or community within this Matrix
Unit.
DOCUMENTED-HISTORIC - There is a documented
occurrence in the FNAI database of the species or community
uk
within this Matrix Unit; however the occurrence has not been
observed/reported within the last twenty years.
�u LIKELY- The species or community is known to occur in this
�r u
vicinity, and is considered likely within this Matrix Unit
because:
1 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
,,
w., ® 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: 49250
16 Documented Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Byrsonima /ucida G4G5 S3 N T
locustberry
Chamaecrista lineata var. keyensis G5T2 S2 E E
Big Pine partridge pea
Chamaesyce deltoidea ssp. serpyllum G2T1 S1 E E
wedge spurge
Chamaesyce porteriana G2 S2 N E
Porter's broad-leaved spurge
Crossopetalum ilicifolium G3 S3 N T
Christmas berry
Crossopeta/um rhacoma G5 S3 N T
rhacoma
Jaccluemonba pentanthos G4G5 S2 N E
skyblue clustervine
https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id=49250,49251,49582,49583&extent=665861.6227,78795.0807,669080.3107,8... 1/7
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
1--vi FNAI Biodiversity Matrix
Linum arenicola G1G2 S1S2 E E
sand flax
Pine rockland G1 S1 N N
Pisonia rotundata G1G3 S1 N E
devil's smooth-claw
Poinsettia pinetorum G2 S2 N E
pineland spurge
Pteris bahamensis G4 S3 N T
Bahama brake
Strumpa maritime G4 S1 N E
pride-of-big-pine
Swietenia mahag2ni G3G4 S3 N T
West Indies mahogany
Tillandsia flexuosa G5 S3 N T
banded wild-pine
Tragia saxicola G2 S2 N T
pineland noseburn
2 Documented-Historic Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Diadophis punctatus acricus G5T1 S1 N ST
Key Ringneck Snake
Panthtrop Lis g.LL pgpttatus . 1_ _ G5T2Q S2 N N
Red Rat Snake, Lower Keys Population
16 Likely Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Ataenius scabrelloides G5 Si? N N
An Ataenius Beetle
Lasip laea corallicola
.L yL rockland orchid G2G3 S1 N E
Bourreria cassinifolia G3? S1 N E
smooth strongbark
Centris errans G3 S2 N N
Florida Locust-berry Oil-collecting Bee
Copris howdeni G3? SlS2 N N
Howden's Copris Beetle
DenisopmLyLum pauciflorum G2G4 S1 N E
fewflower holdback
Euphyes pilatka klotsi G3T2 S2 N N
Klots' Skipper
Hojeda inaguensis G3G4 S2 N N
Keys Mudcloak
Kinosternon baurii p2p. 1 G5T1Q S1 N N
Striped Mud Turtle, Lower Keys Population
Odocoileus virginianus clavium G5T1 S1 E FE
Key Deer
Rockland hammock G2 S2 N N
Sachsia polycephala G2 S2 N T
Bahama sachsia
Sigmodon hispidus exsputus G5T2 S2 N N
Lower Keys Cotton Rat
Storena victa p2p. 1 G5T1Q S1 N ST
Florida Brown Snake, Lower Keys Population
vila fy g.LLs alustris hefneri L_ _p G5T1 S1 E FE
Lower Keys Marsh Rabbit
Thamnophis sauritus pop®1 G5T1Q S1 N N
Eastern Ribbon Snake, Lower Keys Population
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Matrix Unit ID: 49251
2 Documented Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
eyrsonima /ucida G4G5 S3 N T
locustberry
Pisonia rotundata G1G3 S1 N E
devil's smooth-claw
0 Documented-Historic Elements Found
20 Likely Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Ataenius scabrelloides G5 Si? N N
An Ataenius Beetle
Bourreria cassinifolia
smooth strongbark G3? S1 N E
Centris errans
Florida Locust-berry Oil-collecting Bee G3 S2 N N
Chamaecrista lineata var. keyensis G5T2 S2 E E
Big Pine partridge pea
Chamaesyce deltoidea ssp, serpyllum G2T1 S1 E E
wedge spurge
Copris howdeni
Howden's Copris Beetle G3? S1S2 N N
Diadophis punctatus acricus G5T1 S1 N ST
Key Ringneck Snake
Euphyes pilatka klotsi
Klots' Skipper G3T2 S2 N N
Hojeda inaguensis G3G4 S2 N N
Keys Mudcloak
Kinosternon baurii p2p®1 G5T1Q S1 N N
Striped Mud Turtle, Lower Keys Population
Linum arenico/a G1G2 S1S2 E E
sand flax
Odocoileus virginianus clavium G5T1 S1 E FE
Key Deer
Pantherophis guttatus pop®1 G5T2Q S2 N N
Red Rat Snake, Lower Keys Population
Pine rockland G1 S1 N N
Poinsettia pinetorum G2 S2 N E
pineland spurge
Rockland hammock G2 S2 N N
Sachsia polycephala
Bahama sachsia G2 S2 N T
Sigmodon hispidus exsputus G5T2 S2 N N
Lower Keys Cotton Rat
Storerla vlcta pop®1 G5T1Q S1 N ST
Florida Brown Snake, Lower Keys Population
Sylvilagus pa/ustris hefneri G5T1 S1 E FE
Lower Keys Marsh Rabbit
Matrix Unit ID: 49582
2 Documented Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Chamaesyce deltoidea ssp, serpyllum
wedge spurge G2T1 S1 E E
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IPisonia rotundata G1G3 S1 N E I
devil's smooth-claw
1 Documented-Historic Element Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Gambusia rhizophorae G3 S3 N N
Mangrove Gambusia
15 Likely Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Ataenius scabrelloides
An Ataenius Beetle G5 Si? N N
Ataenius wenzelii G3G5 S2S3 N N
An Ataenius Beetle
Basiphyllaea corallico/a
rockland orchid G2G3 S1 N E
Centris errans
Florida Locust-berry Oil-collecting Bee G3 S2 N N
Coccyzus minor G5 S3 N N
Mangrove Cuckoo
Copris howdeni
Howden's Copris Beetle G3? S1S2 N N
Diadophis punctatus acricus G5T1 S1 N ST
Key Ringneck Snake
Euphyes pilatka klotsi G3T2 S2 N N
Klots' Skipper
Odocoileus virginianus davium G5T1 S1 E FE
Key Deer
Pantherophis guttatus pop®1 G5T2Q S2 N N
Red Rat Snake, Lower Keys Population
Procyon lotor incautus G5T2Q S2 N N
Key West Raccoon
Rockland hammock G2 S2 N N
Sigmodon hispidus exsputus G5T2 S2 N N
Lower Keys Cotton Rat
Storena victa pop®1 G5T1Q S1 N ST
Florida Brown Snake, Lower Keys Population
Thamnophis sauritus pop®1 G5T1Q S1 N N
Eastern Ribbon Snake, Lower Keys Population
Matrix Unit ID: 49583
0 Documented Elements Found
0 Documented-Historic Elements Found
10 Likely Elements Found
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Ataenius wenzelii G3G5 S2S3 N N
An Ataenius Beetle
Coccyzus minor G5 S3 N N
Mangrove Cuckoo
Diadophis punctatus acricus G5T1 S1 N ST
Key Ringneck Snake
Euphyes pilatka klotsi G3T2 S2 N N
Klots' Skipper
Odocoileus virginianus davium G5T1 S1 E FE
Key Deer
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 FNAI Biodiversity Matrix
Procyon lotor incautus G5T2Q S2 N N
Key West Raccoon
Rockland hammock G2 S2 N N
Sigmodon hispidus exsputus G5T2 S2 N N
Lower Keys Cotton Rat
Storena victa pop®1 G5T1Q S1 N ST
Florida Brown Snake, Lower Keys Population
Thamnophis sauritus pop®1 G5T1Q S1 N N
Eastern Ribbon Snake, Lower Keys Population
Matrix Unit IN: 49250, 49251, 49582, 49583
60 Potential Elements Common to Any of the 4 Matrix Units
Scientific and Common Names Global State Federal State
Rank Rank Status Listing
Ardea herodias occidentalis
Great White Heron G5T2 S2 N N
Argythamnia argothamnoides
Blodgett's silverbush GNR S2 T E
Athene cunicu/aria floridana G4T3 S3 N ST
Florida Burrowing Owl
Bird Rookery G5 SNRB N N
Bourreria cassinifolia
smooth strongbark G3? S1 N E
Bourreria radula
rough strongbark G2? S1 N E
Caretta caretta
Loggerhead Sea Turtle G3 S3 T FT
Catesbaea parviflora G3? S1 N E
small-flowered lily thorn
Cesonia irvingi
Keys Gnaphosid Spider GNR S1 N N
Chamaecrista lineata var. keyensis G5T2 S2 E E
Big Pine partridge pea
Chamaesyce garberi G1 S1 T E
Garber's spurge
Chamaesyce porteriana G2 S2 N E
Porter's broad-leaved spurge
Charadrius me/odus G3 S2 T FT
Piping Plover
Che/onia mydas G3 S2S3 T FT
Green Sea Turtle
Chondropoma dentatum
Crenulate Horn G2G3 S2? N N
Cochlodinella poeyana G1G2 S1S2 N N
Truncate Urocoptid
Conso/ea corallico/a G 1 S1 E E
semaphore pricklypear
Crocodylus acutus G2 S2 T FT
American Crocodile
Crossopetalum ilicifolium
Christmas berry G3 S3 N T
Ctenogobius stigmaturus
Spottail Goby G2 S2 N N
Dr archon couperi
Eastern Indigo Snake G3 S2? T FT
Drypetes diversifolia G4 S2 N E
milkbark
Egretta caeru/ea G5 S4 N ST
Little Blue Heron
Egretta rufescens G4 S2 N ST
Reddish Egret
Eretmochelys imbricate G3 S1 E FE
Hawksbill Sea Turtle
https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id=49250,49251,49582,49583&extent=665861.6227,78795.0807,669080.3107,8... 5/7
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
1--vi FNAI Biodiversity Matrix
Eudocimus albus G5 S4 N N
White This
Exosterna caribaeurn G5 S2 N E
princewood
Gambusia rhizophorae G3 S3 N N
Mangrove Gambusia
Harrisia simpsonii G2 S2 N N
Simpson's prickly apple
Hippomane mancl.nelia G5 S2 N E
manchineel
Kinosternon baurii p2p. 1 G5T1Q S1 N N
Striped Mud Turtle, Lower Keys Population
Linum arenicola G1G2 S1S2 E E
sand flax
Malaclerny2 terrapin rhiz horarum_ G4T2Q S2 N N
Mangrove Terrapin
Menidia conchorum G2Q S2 SC ST
Key Silverside
Nyctanassa violacea G5 S3 N N
Yellow-crowned Night-heron
Opuntia triacantha G2G4 S1 N E
three-spined pricklypear
Oryzomys palustris argentatus G5T2Q S2 E FE
Key Rice Rat
Panthtrop Lis g.LL p2pttatus . 1_ _ G5T2Q S2 N N
Red Rat Snake, Lower Keys Population
Lata ioenas leucocep._L ala_ G3 S3 N ST
White-crowned Pigeon
Pilosocereus robinii G1 S1 E E
tree cactus
Pisonia rotundata G1G3 S1 N E
devil's smooth-claw
Plestiodon egLe .
gLus egregLus G5T1 S1 N ST
Florida Keys Mole Skink
Poinsettia pinetorum G2 S2 N E
pineland spurge
Procyon lotor incautus G5T2Q S2 N N
Key West Raccoon
Rallus longirostris insularum G5T3 S3 N N
Mangrove Clapper Rail
Rivulus marmoratus G4G5 S3 SC N
Mangrove Rivulus
Roystonea regia G2G3 S2 N E
Florida royal palm
Sachsia polycephala G2 S2 N T
Bahama sachsia
Setophaga discolor paludicola G5T3 S3 N N
Florida Prairie Warbler
Sterna doug.LI-111 G4 S1 T FT
Roseate Tern
Sternula antillarum G4 S3 N ST
Least Tern
St / santhes calcicola G3G4 S2 N E
pineland pencil flower
Swietenia mahagani G3G4 S3 N T
West Indies mahogany
:2y Lilag.LLs alustris hefneri_ _p G5T1 S1 E FE
Lower Keys Marsh Rabbit
Thamnophis sauritus pop®1 G5T1Q S1 N N
Eastern Ribbon Snake, Lower Keys Population
Tillandsia flexuosa G5 S3 N T
banded wild-pine
Tragia saxicola G2 S2 N T
pineland noseburn
https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel—id=49250,49251,49582,49583&extent=665861.6227,78795.0807,669080.3107,8... 6/7
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6 FNAI Biodiversity Matrix
Trichechus manatus latirostris
Florida2G3T2 S2S3 T N
lorida Manatee
Vanilla barbellata G4G5 S2 N E
worm-vine orchid
Vireo altiloquus
Black-whiskered Vireo G5 S3 N N
Disclaimer
The data maintained by the Florida Natural Areas Inventory represent the single most comprehensive source of information
available on the locations of rare species and other significant ecological resources statewide. However, the data are not always
based on comprehensive or site-specific field surveys. Therefore, this information should not be regarded as a final statement on
the biological resources of the site being considered, nor should it be substituted for on-site surveys. FNAI shall not be held liable
for the accuracy and completeness of these data, or opinions or conclusions drawn from these data. FNAI is not inviting reliance
on these data. Inventory data are designed for the purposes of conservation planning and scientific research and are not intended
for use as the primary criteria for regulatory decisions.
Unofficial Report
These results are considered unofficial. FNAI offers a Standard Data Request option for those needing certifiable data.
https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id=49250,49251,49582,49583&extent=665861.6227,78795.0807,669080.3107,8... 7/7
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
Exhibit C
General Conditions
35
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00110 -PROPOSAL FORMS
The Proposal shall be submitted on the forms included in this section of the Proposal Documents
as previously instructed herein.
Item Description. Pages
1. Proposal Form 26
2. Bid Bond (Proposal Security) 29
3. Non-Collusion Affidavit 30
4. Lobbying and Conflict of Interest Clause 31
5. Drug-Free Workplace Form 32
6. Public Entity Crime Statement 33
7. Vendor Certification Regarding Scrutinized Companies 34
8. Insurance Checklist 35
9. Workers Compensation and Employers' Liability 35
10. General Liability 36
11. Vehicle Liability 37
12. Insurance Agent's Statements 42
13. Affidavit Attesting to Noncoercive Conduct for Labor or Services 48
14. Subcontractor List Form 50
15. Minority Owned Business Declaration
16. Contractor License
Current Copy to Be Submitted with Proposal
Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed
PROPOSAL FORMS 00110-Page 26 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM:
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
Long Key Living Shoreline Restoration Project, Monroe County, Florida
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having
familiarized himself with material availability, Federal, State, and Local laws, ordinances,
rules and regulations affecting performance of the Work, does hereby propose to furnish
all labor, mechanics, superintendents, tools, material, equipment, transportation services,
and all incidentals necessary to perform and complete said Work and work incidental
hereto, in a workman-like manner, in conformance with said Drawings, Specifications,
and other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he
understands the conditions under which the Work is to be performed. The successful
proposer shall assume the risk of any and all costs and delays arising from the existence
of any subsurface or other latent physical condition which could be reasonably anticipated
by reference to documentary information provided and made available, and from
inspection and examination of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two the Proposal in words shall control.
Dollars.
(Total Base Proposal - words)
(Total Base Proposal - numbers)
PROPOSAL FORMS 00110-Page 27 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
PROPOSAL FORMS 00110-Page 28 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
I acknowledge receipt of Addenda No.(s):
No. Dated
No. Dated
No. Dated
No. Dated
Proposer states, by his/her check mark in the blank beside the form and by his/her signature,
that he/she has provided the following requirements:
1. Proposal Form
2. Proposal Security(Bid Bond)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Local Preference Form and requirements (if applicable)
7. Public Entity Crime Statement
8. Vendor Certification Regarding Scrutinized Companies Lists
9. Affidavit Attesting to Noncoercive Conduct for Labor or Services
10. Subcontractor List Form
11. Proposer's Insurance and Indemnification Statement
12. Insurance Agents Statement (signed by agent)
13. Answered Required Questions
14. Provided three (3)Customer References and three (3) Credit References
15. Provided three (3)years of Financial Statements marked "CONFIDENTIAL" by separate
upload to Bonfire
16. Certified copy of Valid Florida Contractor's License
17. Current Monroe County Occupational License
Business
Name: DBA:
Business
EIN #
Business Mailing
Address: Address:
City,
State, Zip City,State,Zip
Phone: Local Phone:
PROPOSAL FORMS 00110-Page 29 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1)year prior to the notice of request for bid or proposal.
Date: Signed:
Printed:
Title:
Witness:
PROPOSAL FORMS 00110-Page 30 of 235
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
BID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of as Surety, hereinafter called
the Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Dollars ($), for the payment of
which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond
or bonds as may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and for the prompt payment
of labor and material furnished in the prosecution thereof, or in the event of the failure of
the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith
contact with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect. Any action instituted
by a claimant under this bond must be in accordance with the notice and time limitations
provisions in Subsection 255.05(2), Florida Statutes.
(Principal) (Seal)
(Witness)
(Title)
(Surety) (Seal)
(Witness)
(Title
PROPOSAL FORMS 00110-Page 32 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Proposals for
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other proposer or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not knowingly
be disclosed by the proposer prior to proposal opening, directly or indirectly, to any
other proposer or to any competitor; and
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 said project..
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My commission expires:
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 33 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
if if
(Company)
if
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My commission expires:
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 34 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by (name of affiant). He/She
is personally known to me or has produced (type of identification) as identification.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 35 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by (name of affiant). He/She
is personally known to me or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 36 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
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. I further understand that any contract with
the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted
a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 37 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00120 - INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
PROPOSER
WORKERS' COMPENSATION
—X—Workers' Compensation Statutory Limits
Bodily Injury by
Accident/Bodily
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee
WC1 Employers Liability $100,000/$500,000/$100,000
WC2 Employers Liability $500,000/$500,000/$500,000
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
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 38 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations . Products and Completed Operations
• Blanket Contractual 0 Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GL1 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
GL2 $300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
GL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4 _X_ $2,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 39 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1 $50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
(The use of VL1 should be limited to special projects that
involve
other governmental entities or "Not for Profit" organizations.
Risk Management must approve the use of this form).
VL2 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 _X_ $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
WL2 X Watercraft Liability $170007000
BR1 Builders' Limits equal to the
Risk completed project.
MVC Motor Truck Limits equal to the maximum
Cargo value of any one shipment.
PRO1 Professional $ 300,000 per Occurrence/$
5007000Agg.
PR02 Liability $ 500,000 per Occurrence/$1,000,000
Agg.
PR03 $1,000,000 per Occurrence/$2,000,000
Agg.
POL1 Pollution $ 500,000 per Occurrence/$1,000,000
Agg.
POL2 _X_ Liability $1,000,000 per Occurrence/$2,000,000
Agg.
POL3 $5,000,000 per Occurrence/$10,000,000
Agg.
ED1 Employee $ 107000
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 40 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
ED2 Dishonesty $100,000
GK1 Garage $ 300,000 ($ 25,000 per Veh)
GK2 Keepers $ 500,000 ($100,000 per Veh)
GK3 $1,000,000 ($250,000 per Veh)
MED1 Medical $ 300,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BILL Bailee Liab. Maximum Value of County Property that
will be in the Bailee's possession.
HKL1 Hangar keepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIR1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AI R3 $50,000,000
AE01 Architects Errors $ 300,000 per Occurrence/$ 500,000
Agg.
AE02 & Omissions $ 500,000 per Occurrence/$1,000,000
Agg.
AE03 $ 1,000,000 per Occurrence/$3,000,000
Agg.
E01 Engineers Errors $ 300,000 per Occurrence/$ 500,000
Agg.
E02 & Omissions $ 500,000 per Occurrence/$1,000,000
Agg.
E03 $ 1,000,000 per Occurrence/$3,000,000
Agg.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 41 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT:
Long Key Living Shoreline Restoration Project, Monroe County, Florida
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
WCUSLH US Longshoremen & Harbor Workers Act - Same as Employer's
Liability
WCJA Federal Jones Act - Same as Employer's Liability-
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the Contractor has been approved by the Florida Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor
may be required to submit a Letter of Authorization issued by the Department of Labor
and a Certificate of Insurance, providing details on the Contractor's Excess Insurance
Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 42 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Long Key Living Shoreline Restoration Project, Monroe County, Florida
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$2,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
GL
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 43 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
Long Key Living Shoreline Restoration Project, Monroe County, Florida
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
VL3
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 44 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease Policy Limits
$1,000,000 Bodily Injury by Disease, each employee
US Longshoremen & Harbor Workers Act— Same as
Employer's Liability
Federal Jones Act—Same as Employer's Liability
General Liability, including $2,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Builder's Risk: Not Required
Watercraft Liability $1,000,000
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
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 45 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. I fully accept the indemnification and hold harmless as set out on page
00110-12 of this proposal.
PROPOSER Signature
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 46 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 47 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
21 Tau,
REQUEST FOR NV F MITIUNCE R]EQ11REME T
h as,requested)that the immmmeerequirments,as specified mn the Coumty's,Schedule-of Imsu ranee
Requhmmemfs,be waived oc modified an the folbnnng conbract..
Caa=1C :N'endur:
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PRE-PROPOSAL SUBSTITUTIONS 00163-Page 48 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
(Name and Title)
Address:
City: State: Zip:
Phone Number:
Email Address:
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:
I. 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 II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor
does not use coercion for labor or services in accordance with Section 787.06. Additionally,
Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 49 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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.
(Signature of Respondent/Contractor) (Date)
(Title)
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[ ]
physical presence or [ ] online notarization this day of , 20 ,
by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification Produced:
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 50 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 51 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Minority Owned Business Declaration
a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
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 5 1-percent-owned by minority persons who are members of an insular group that is
of a particular racial, ethnic,or gender makeup or national origin,which has been subjected historically to disparate
treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises
under the group's control, and whose management and daily operations are controlled by such persons.A minority
business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not
include ownership which is the result of a transfer from a nonminority person to a minority person within a related
immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.
For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years
of age and a parent of such children or the spouse of such parent residing in the same house or living unit.
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$5 million or any firm based in this state which has a Small Business Administration 8(a)
certification.As applicable to sole proprietorships,the $5 million net worth requirement shall include both personal
and business investments.
Contractor may refer to Section 288.703, Florida Statutes for more information.
Contractor Sub-Recipient: Monroe County
Signature Signature
Print Name: Printed Name:
Title: Title/OMB Department:
Verified via:
Address: State of Florida Contract Number:
City/State/Zip
Date: Federal Grant Project Number:
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 52 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
MONROE COUNTY, FLORIDA
00163 -PRE-PROPOSAL SUBSTITUTIONS
PART 1 - GENERAL
1.1 Document includes
A. Pre-Proposal Substitutions
1.2 PROPOSER'S OPTIONS
A. For products specified only by reference standard, select product meeting that
standard, by any manufacturer.
B. For products specified by naming several products or manufacturers, select one
of the products and manufacturers named which complies with the Technical
Specifications.
C. For Products specified by naming several products or manufacturers and stating,
"or equivalent", "or equal", or "Sustainability Manager approved equivalent", or
similar wording, submit a request for substitutions, for any product or manufacturer
which is not specifically named for review and approval by Owner and Architect.
D. For products specified by naming only one product/manufacturer, there is no
option and no substitution will be allowed.
1.3 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
1. Substitutions for products may be made during the proposal process by
submitting completed substitution request form and substantiating product
data/literature a minimum of ten calendar days prior to the Proposal Date
to Sustainability Manager.
2. Sustainability Manager will consider requests utilizing this section from the
Proposer for substitution of products in place of those specified.
3. Those submitted 15 calendar days prior to Proposal Date will be included
in an addendum if acceptable.
4. Substitution requests may be submitted utilizing a facsimile machine (FAX)
if substitution request forms and substantiating data are submitted.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 53 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
B. Submit separate request for each substitution. Support each request with:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
C. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
listing significant variations.
3. Data relating to changes in construction schedule.
4. All effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Designation of required license fees or royalties.
7. Designation of availability of maintenance services, sources of
replacement materials.
C. Substitutions will not be considered for acceptance when:
1. Acceptance will require substantial revision of Contract Documents.
2. In the judgment of the Owner, the substitution does not include adequate
information necessary for a complete evaluation.
D. The Owner will determine the acceptability of any proposed substitution.
1.4 PROPOSER'S REPRESENTATION
A. In making formal request for substitution the Proposer represents that:
1. He has investigated proposed product and has determined that it is
equivalent to, or superior in all respects to that specified.
2. He will provide same warranties or bonds for substitution as for product
specified.
3. He will coordinate installation of accepted substitution into the Work and
will make such changes as may be required for the Work to be complete in
all respects.
4. He waives claims for additional costs caused by substitution which may
subsequently become apparent.
5. Cost data is complete and includes related costs under his Contract, but
not:
a. Costs under separate contracts.
b. Architect/Engineer's costs for redesign or revision of Contract
Documents.
6. Cost data need not be submitted, if request is for inclusion in an addendum.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 54 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
1.5 SUSTAINABILITY MANAGER'S DUTIES
A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identify accepted substitutions.
C. Substitution requests that are not approved will be returned to the party submitting
the request.
1.6 SUBSTITUTION REQUEST FORM
A. The form is attached to this Section.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with all required back-up data.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 55 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SUBSTITUTION FORM
TO: WSP/Engineer
PH: FAX:
We hereby submit for your consideration the following product instead of the specified item for the above project:
Drawing No. Drawing Spec Sec. Spec Name Paragraph Specified
Name Item
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require
for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and performance to that which
is specified. Clearly mark manufacturer's literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for
equal performance, equal design and compatibility with adjacent materials.
Submitted By:
Signature Title
Firm
Address
City/State/Zip Code
Telephone Date
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 56 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally
binding signature will result in retraction of approval.
For use by Sustainability Manager: Approved Approved as noted Not Approved
Rec'd too late Insufficient data received
By Date
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 57 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes-
B. Will the undersigned pay for changes to the building design, including
engineering and detailing costs caused by the requested substitution?
Yes No If no, fully explain-
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain-
F. Reason for Request-
G. Itemized comparison of specified item(s) with the proposed substitution; list
significant variations-
H. Designation of maintenance services and sources: (Attach additional sheets if
required.)
END SECTION 00163
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 58 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00230 -SITE SURVEY
A. The Plat of Survey or other survey data are available upon request and are for the general
information of the proposer. The data contained was prepared by the Engineer for the
design of the project, and neither the Owner nor the Engineer, nor Sustainability Manager
make any representation, guarantee of warranty as to the accuracy or completeness of
data indicated, expressed or implied.
B. Proposers shall visit the site; make their own investigations, assumptions and conclusions
as to the nature and extent of existing surface and overhead conditions affecting the work.
Neither the Owner nor the Engineer, nor Sustainability Manager will be responsible for
additional type or extent of work required to be performed under the Contract due to any
assumptions or conclusions by the successful proposer based upon the survey
information provided.
END OF SECTION 00230
SITE SURVEY 00230 - Page 59 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00300 - SCOPE OF WORK
1.0 GENERAL SCOPE
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and
completion of all the work in accordance with the Contract Documents. The Work
shall include but not be limited to that shown on the Drawing (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 provide a living shoreline system to enhance
resilience and protect the Monroe County Long Key Transfer Station and provide
environmental benefits (Exhibit l:' ... Engineering and Ecological Report).
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.
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.
SCOPE OF WORK 00300-Page 60 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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
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
SCOPE OF WORK 00300-Page 61 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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.
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
SCOPE OF WORK 00300-Page 62 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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.AII traffic control signs and devices, barricades, flashers, flambeaus and similar
devices shall be furnished and maintained by the Contractor.
E. Construction shall be conducted in such a manner to cause the least possible
interruption to traffic. Necessary access to and from adjacent properties shall be
provided at all times.
1.2.8 PROTECTION OF WORK
A.The Contractor shall protect 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.
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 (lExtiilblit ). 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.
SCOPE OF WORK 00300-Page 63 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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
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.
SCOPE OF WORK 00300-Page 64 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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
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 65 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00350 - MILESTONE SCHEDULE/LIQUIDATED DAMAGES
MILESTONES
This section contains the project milestone schedule. The contractor is required to
determine his proposed schedule to meet these milestone dates.
The Contractor is to note the following special milestone dates.
1) Proposal Documents Available...............................................October 23, 2025
2) Optional Pre-bid Conference......Thursday, I oveim er 20, 025, at 10.00 a.m.
Virtual link on page 6.
3) Proposal Due Date.......................................... ............ .... Ill:ecem cur 4, 2025
4) Monroe County Selection of Contractor (anticipated)............... December 2025
5) Signed Contract, Bond & Insurance Documents to Monroe County by the
Contractor (anticipated)...... ............................................................. January 2026
6) Board of County Commission Meeting, Approval of Contractor & Contract...
............................................................................... ........ January 2026
7) Notice to Proceed Issued & Pre-Construction Meeting Held (anticipated)
............................................................................................. February 1, 2026
8) Contractor Submittal of Required Technical Plans and Schedule (anticipated)
.....................................................................................January 15, 2026
9) Mandatory Initiation of Construction (anticipated) ................. i-ebrUary 1, 026
10)Substantial Completion 90 cap lendar days for the Project
(anticipated).................................................................... May 2, 2026
The Contractor shall commence performance of this Contract within seven (7) calendar
days after the date of issuance to the Contractor by the Owner of the Notice to Proceed.
If the work including mobilization is not initiated within seven (7) calendar days from
Issuance of the Notice to Proceed, the Contractor shall be assessed $500/day for days
1-15, $1,000/day for days 16-30, and $3,500/day after 30 days until work has
commenced. Mobilization shall not constitute commencement of Work. Once
commenced, Contractor shall diligently continue performance until completion of the
Project. The Contractor shall accomplish Substantial Completion of the Project within
Ii� mMMM ' MMMIPm� °MMy from Notice to Proceed. Contractor shall accomplish Final
K!.....
Completion of the Project within thirty (30) calendar days thereafter.
The term "Substantial Completion" as used herein shall mean that point at which, as
certified in writing by WSP, the Project is at a level of completion in strict compliance with
MILESTONE SCHEDULE 00350-Page 66 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
this Contract such that the Owner or its designee can enjoy beneficial use or occupancy
and can use or operate it in all respects for its intended purpose. Partial use or occupancy
of the Project shall not result in the Project being deemed substantially complete and such
partial use or occupancy shall not be evidence of Substantial Completion. The term "Final
Completion" as used herein shall mean that point at which, as certified in writing by
WSP/Engineer, that the Project is 100% complete and in conformance with the Contract.
LIQUIDATED DAMAGES
Conditions Under Which Liquidated Damages are Imposed—The time or times
stipulated in the contract for completion of the work of the contract or of specified phases
of the contract shall be the calendar date or dates listed in the milestone schedule. The
Owner shall be entitled to liquidated damages as shown below for work not accomplished
by the dates specified in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Sustainability Manager's
signature of approval on the Certificate of Substantial Completion. The liquidated
damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by
the Owner shall be an extension of time on the Contract.
END OF SECTION 00350
MILESTONE SCHEDULE 00350-Page 67 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00500 - SAMPLE AGREEMENT
Between Owner and Contractor
(Final Agreement To Be Negotiated Following Award Of Contract By
Monroe County BOCC)
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the (write out the date)
BETWEEN the Owner: Monroe County Board of County Commissioners
1100 Simonton Street
The Gato Building, Room 2-205
Key West, Florida 33040
And the Contractor: CONTRACTOR
ADDRESS
ADDRESS
For the following Project:
Long Key Living Shoreline Restoration Project, Monroe County, Florida
This Agreement represents one of the Resilient Florida Shoreline protection projects
approved by the Monroe County BOCC, whose public purpose is to improve the
resiliency of the County's Long Key Transfer Station and water quality in Monroe
County.
Scope of the Work
1. Project Overview
The purpose of the project is to construct the Long Key Living Shoreline to provide
coastal resiliency for the County's Long Key Solid Waste Transfer Station, while providing
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
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.
AGREEMENT 00500-Page 68 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
The Work shall include, but not be limited to, that shown on the Drawings and detailed in
the Technical Specifications if any included in this Contract.
3. General Requirements
A. Construction work times shall be limited to:
8AM to 6PM Monday-Friday, excluding holidays
B. The Contractor needs to be aware of weather and location and plan accordingly.
C. The Contractor must remain aware of the community residences and plan
accordingly. Coordination of each day's work shall be done in advance with
approval from WSP/Engineer.
D. The Scope of Work shall include, but not be limited to, all work shown and listed in
the Project Drawings (Exhibit A). 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 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. Contractor shall maintain As-Built Drawings, (Record Drawings per Section
01720), of his work progression.
AGREEMENT 00500-Page 69 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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
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, Inc.
Greg Corning
5845 NW 158t" Street
Miami Lakes, Florida, 33014
314-920-8359
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents,
Addenda issued prior to execution of this Agreement, together with the response to RFP
and all required insurance documentation, and Modifications issued after execution of this
Agreement. The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. An enumeration of the Contract Documents, other than Modifications,
appears in Article 9. In the event of a discrepancy between the documents, precedence
shall be determined by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents,
except to the extent specifically indicated in the Contract Documents to be the
responsibility of others, or as follows: N/A
AGREEMENT 00500-Page 70 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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.
The Contractor shall accomplish Substantial Completion of the Project within
Ninety (90) calendar days from Notice to Proceed. The time or times stipulated in
the contract for completion of the work of the contract or of specified phases of the
contract shall be the calendar date or dates listed in the milestone schedule.
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
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by
the Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract the Contract Sum of
Dollars ($ ) subject to additions and deductions as provided in the
Contract Documents.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the
Sustainability Program Manager, and upon approval for payment issued by the
AGREEMENT 00500-Page 71 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Sustainability Program Manager and Engineer, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local
Government Prompt Payment Act (Section 218.735, Florida Statutes). 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.
AGREEMENT 00500-Page 72 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the
completed construction (or, if approved in advance by the Owner, suitably stored
off the site at a location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the
General Conditions.
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
AGREEMENT 00500-Page 73 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
(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 an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is
dependent are withdrawn, this Agreement is terminated, and the County has no
further obligation under the terms of this Agreement to the Contractor beyond that
already incurred by the termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with
a public entity for the construction or repair of a public building or public work, may
AGREEMENT 00500-Page 74 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
not submit proposals on leases of real property to public entity, may not be
awarded or perform work as contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
7.6 The following items are included in this contract:
a) The Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained
for a period of seven years from the termination of this agreement or for a period
of three years from the submission of the final expenditure report as per 2 CFR
§200.334, 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
vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations
with employees, Subcontractors, suppliers, and contractors' representatives.
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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
as an award against the non-prevailing party and shall include attorney's fees
and courts costs in appellate proceedings.
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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. 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 VI I of the Civil Rights Act of 1964 (PL 88-352), which
prohibit discrimination in employment on the basis of race, color, religion, sex,
and national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC § 794), which prohibits discrimination on the basis
of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§
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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, 129357 3 C.F.R. Part,
1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending
Executive Order 11246 Relating to Equal Employment Opportunity, and
implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor),
see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows-
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated
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 forth the provisions of this
nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This
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provision shall not apply to instances in which an employee, who has
access to the compensation information of other employees or applicants
as a part of such employee's essential job functions, discloses the
compensation of such other employees or applicants to individuals who do
not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the Contractor's legal duty to furnish
information.
4) The Contractor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided, advising the said labor union
or workers' representative of the Contractor's commitments under this
Section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
6) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the 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 the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole or in part
and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately
preceding Subparagraph (1) and the provisions of Subparagraphs (1)
through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for non-compliance. Provided, however,
that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
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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.
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
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unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions
of this contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County
to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain
public records that would be required by the County to perform the
service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the contract, the Contractor shall
meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon
request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not
possess the requested records, the County shall immediately notify the
Contractor of the 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
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who fails to provide the public records to the County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under
Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or
as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL
33040, publicrecords&m nroecounty-fl.gov, (305) 292-3470.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28,
Florida Statutes, the participation of the Contractor and the County in this
Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the County be required to contain any
provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the County,
when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County.
r) Legal Obligations and Responsibilities. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
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
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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 (Exhibit T").
v) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
w) Execution in Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by signing any such counterpart.
x) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the County and the County's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified
party by reason of, or in connection with, (A) any activity of 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.
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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.
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.
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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
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
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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
Circumstance, ensure that the effects of any Uncontrollable Circumstance are
minimized and resume full performance under this Agreement. The County will
not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek 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
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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:
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:
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8.1 Clean Air Act (42 U.S.C. §§7401-7671q.) 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
prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once
a week. If applicable, the County must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation (attached
hereto as Exhibit T" 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.
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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
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.
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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).
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.
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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.gov. The Contractor is required to verify that none of the Contractor's
principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905)
are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R.
§180.935). The Contractor must comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R.
Part 3000, Subpart C, and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the County. If it is later determined that the Contractor
did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, in
addition to remedies available to the County, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment. Bidders or
Proposers agree to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2
C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The Bidder or Proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
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 Exhibit "E"to this Agreement and made a part hereof, must be signed
and submitted by the Contractor to the County.
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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.
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.
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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.
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;
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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.
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.
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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
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 10
Enumeration of Contract Documents
10.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
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Exhibit A: Design Drawings
Exhibit B: Engineering and Environmental Report
Exhibit C: FDEP Agreement No.: 22-FRP-131
Exhibit D: Wage Determination
Exhibit E: Byrd Anti-Lobbying Certification
County Attestation Forms
10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor.
10.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
10.1.3 The Supplementary and other Conditions of the Contract are those contained in
the Project Manual dated:
10.1.4 The Addenda, if any, are as follows:
Number Date Page
10.1.5 The Alternates, if any, are as follows:
Alternate No. 1:
END ALTERNATES
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This Agreement is entered into as of the day and year first written above and is executed
in at least four original copies of which one is to be delivered to the Contractor. Execution
by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date
(SEAL) CONTRACTOR
Attest:
By: By:
Print Name: Print Name:
Title: Title:
Date: Date-
And-
By- Print Name:
Title: Date:
AGREEMENT 00500-Page 97 of 235
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STATE OF FLORIDA
COUNTY OF
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑
online notarization, on (date) by
(name of affiant). He/She is personally known to me
or has produced (type of
identification) as identification.
By:
Notary Public
Print Name
My commission expires: Seal
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ATTACHMENTS
Exhibit A: Design Drawings
Exhibit B: Engineering and Environmental Report
Exhibit C: FDEP Agreement No.: 22-FRP-131
Exhibit D: Wage Determination
Exhibit E: Byrd Anti-Lobbying Certification
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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 100 of 235
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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 101 of 235
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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,
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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.
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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.
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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, 161h Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by Change
Order will not be considered unless submitted in a timely manner. This notice is not a condition
precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim, unless
otherwise agreed in writing, the Contractor shall proceed diligently with performance of the
Contract, and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver
of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual
nature, which differ materially from those ordinarily found to exist and generally recognized as
inherent in construction activities of the character provided for in the Contract Documents, then
notice by the observing party shall be given to the other party promptly before conditions are
disturbed and, in no event, later than 21 days after first observance of the conditions. 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
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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.
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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
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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
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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;
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.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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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,
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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
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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:
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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
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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.
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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 County Administrator
102050 Overseas Highway, Ste. 246 1100 Simonton St., Ste. 2-205
Key Largo, FL 33037 Key West, FL 33040
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available 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.
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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;
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.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.
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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
http://www.gpo.gov/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
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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.
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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.
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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--
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(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.
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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.
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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)
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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 3600 degrees at the
specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested
using both the main boom and the jib, with an appropriate test load in each case.
5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES,
CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES
This equipment is to be performance tested as per ANSI requirements.
5.4.4 BOOM ANGLE INDICATOR
Power cranes (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.
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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.
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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).
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• 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.
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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
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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.
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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
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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.
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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:
1. 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.
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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.
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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.
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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 153 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 00990 - SPECIAL CONDITIONS
1. Construction shall be conducted in such a manner as to cause the least possible
interruption to normal County business. Necessary access to and from adjacent
buildings and the parking area shall be provided at all times.
2. 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 154 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 01010 - SUMMARY OF THE WORK
1 Project Overview
The purpose of the project is to construct the Long Key Living Shoreline to provide coastal
resiliency for the County's Long Key Solid Waste Transfer Station, while providing
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.
4. 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
SUMMARY OF THE WORK 01010-Page 155 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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.
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.
SUMMARY OF THE WORK 01010-Page 156 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
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 157 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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:
1. 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 158 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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
(201h) 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 159 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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.
APPLICATION FOR PAYMENT 01027-Page 160 of 235
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
MONROE COUNTY
CONTRACT CHANGE ORDER
PROJECT TITLE: CHANGE ORDER NO:
INITIATION DATE:
TO CONTRACTOR: CONTRACT DATE:
The Contract is changed as follows:
The original (Contract Sum) (Guaranteed Maximum Price)............................................$
Net change by previously authorized Change Orders...................................................$
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order.......$
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is......$
The Contract Time will be (increased) (decreased) (unchanged) by..................................
The date of Substantial Completion as of the date of this Change Order is.........................
Detailed description of change order and justification:
This change Order is % of the original contract price.
Not valid until signed by Owner, Architect (if applicable), and Contractor
ENGINEER:
Date
CONTRACTOR:
Date
SUSTAINABILITY PROGRAM MANAGER:
Date
COUNTY/DEPUTY ADMINISTRATOR
Date
APPLICATION FOR PAYMENT 01027-Page 164 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
APPLICATION FOR PAYMENT 01027-Page 165 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Change Order Attachment per Ordinance No. 004-1999
• Change Order was not included in the original contract specifications. Yes ❑ No ❑
If Yes, explanation:
• Change Order was included in the original specifications. Yes ❑ No ❑
If Yes, explanation of increase in price:
• Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑
If Yes, explanation as to why it is not subject for a calling for bids:
• Project engineer approves the change order. Yes ❑ No ❑
If no, explanation of why:
• Change Order is correcting an error or omission in design document. Yes ❑No ❑
Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑
Explain:
APPLICATION FOR PAYMENT 01027-Page 166 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CONTRACT FOR:
(Name and address) CONTRACT DATE:
TO OWNER: TO CONTRACTOR:
(Name and address) (Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found,to the Project Managers best knowledge,
information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work
when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the
Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion
thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated
below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
INSPECTOR BY DATE
(if used)
The Contractor will complete or correct the Work on the list of items attached hereto within the above date of
Substantial Completion.
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession
thereof at (time),on
(date).
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security,maintenance,heat,utilities,damage to the Work and
insurance shall be
as follows:
Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage.
APPLICATION FOR PAYMENT 01027-Page 167 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER: CONTRACT FOR:
(Name and address) CONTRACT DATE:
PROJECT:
(Name and address)
State of:
County of:
The undersigned,pursuant to Article 9 of the General Conditions of the Contract for Construction,hereby certifies that,except as listed
below,he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,for all work,labor,and
services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection
with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible.
EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each
exception).
SUPPORTING DOCUMENTS ATTACHED HERETO:
CONTRACTOR:
1. Consent of Surety to Final Payment. Whenever
Surety is involved, Consent of Surety is required.
AIA DOCUMENT G707, CONSENT OF
SURETY,may be used for this purpose. Indicate
attachment: yes( ) no ( ) Address:
The following supporting documents should be attached
hereto:
By:
1. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
Subscribed and sworn to before me this
2. Separate Releases or Waivers of Liens from day of 120
Subcontractors and material and equipment
suppliers,to the extent required by the Owner,
accompanied by a list thereof. Notary Public:
3. Contractor's Affidavit or Release of Liens.
My Commission Expires:
APPLICATION FOR PAYMENT 01027-Page 168 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
CONTRACTOR'S AFFIDAVIT OF
RELEASE OF LIENS
TO OWNER: CONTRACT FOR:
(Name and address)
CONTRACT DATED:
PROJECT:
(Name and address)
State of
County of
The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief,
except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all
Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services
who have or may have liens or encumbrances or the right to assert liens or encumbrances against any
property of the Owner arising in any manner out of the performance of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED CONTRACTOR:
HERETO: (Name and address)
1. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment. By:
2. Separate Releases or Waivers of Liens from (Signature of authorized representative)
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
(Printed Name and Title)
Subscribed and sworn to before me this date:
Notary Public:
APPLICATION FOR PAYMENT 01027-Page 169 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
(SEAL)
My Commission Expires:
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 120
Witness Name of Company
Witness Signature, Title
Notary Public
My commission expires:
APPLICATION FOR PAYMENT 01027-Page 170 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the
payment of the sum $ , to be paid to the undersigned, hereby releases,
acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor, material
or services for the improvement of the following described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the
amount of $ as of the date of the Partial Release and the undersigned has
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned
for improvement to the subject property have been paid in full. Any and all suppliers of labor,
material or services for improvement to the subject property, who have not been paid in full are
listed below with the amount owing each, claimed by each and the reason for non-payment: (If
none, write "NONE")
CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT
THAT all taxes imposed by all government agencies have been paid and discharged.
THAT all funds have been collected for FICA and withholding taxes have been properly deposited
with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance
as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and
PARTIAL RELEASE shall not release the undersigned from any obligations under such
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS day of 20
Witness Name of Company
Witness Signature, Title
APPLICATION FOR PAYMENT 01027-Page 171 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 01030 -ALTERNATES
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division-1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for Alternates.
B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal
Form for certain construction activities defined in the Proposal Requirements that may be
added to or deducted from Base Proposal amount if the Owner decides to accept a
corresponding change in either the installation or methods described in Contract
Documents.
C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary
to ensure that Work affected by each accepted Alternate is complete and fully integrated
into the project.
D. Notification: Immediately following the award of the Contract, prepare and distribute to
each party involved, notification of the status of each Alternate. Indicate whether
Alternates have been accepted, rejected or deferred for consideration at a later date.
Include a complete description of negotiated modifications to Alternates.
1. Include as part of each Alternate, miscellaneous devices, accessory objects and
similar items incidental to or required for a complete installation whether or not
mentioned as part of the Alternate.
ALTERNATES 01030-Page 172 of 235
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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.
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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
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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.
3.1 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of the
construction completed or in progress, is subject to harmful, dangerous, damaging,
or otherwise deleterious exposure during the construction period. Where
applicable, such exposures include, but are not limited to, the following:
PROJECT COORDINATION 01040-Page 175 of 235
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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
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LONG KEY LIVING SHORELINE RESTORATION 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)
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PART 3 - EXECUTION
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property survey
and existing benchmarks, before proceeding to lay out the Work. Locate and
protect existing benchmarks and control points. Preserve permanent reference
points during construction.
1. Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2. Promptly replace lost or destroyed Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of 2 permanent benchmarks on the site,
referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction indicated as existing are not guaranteed. Before
beginning site work, investigate and verify the existence and location of
underground utilities and other construction.
1. Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water-service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and levels
provided for their use.
2. As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make
this log available for reference.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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LONG KEY LIVING SHORELINE RESTORATION 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.
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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.
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LONG KEY LIVING SHORELINE RESTORATION 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.
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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.
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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.
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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 191 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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.
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REQUEST FOR INFORMATION (RFI)
DATE
RFI#
PROJECT
FROM
CONTRACTOR
ADDRESS
PHONE FAX CELL
TO
ARCHITECT
ADDRESS
PHONE FAX CELL
DESCRIPTION
CONTRACTOR RECOMMENDATION
COSTIMPACT
NAME DATE
RESPONSE
NAME DATE
REQUEST FOR INFORMATION 01395-Page 193 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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.
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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.
1. Where individual Sections specifically indicate that certain inspections,
tests, and other quality-control services are the Contractor's responsibility,
the Contractor shall employ and pay a qualified independent testing agency
to perform quality-control services. Costs for these services are included
in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of the Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re-testing: The Contractor is responsible for re-testing where results of
inspections, tests, or other quality-control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
1. The cost of re-testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on original
construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provide reasonable auxiliary services as requested.
Notify the agency sufficiently in advance of operations to permit assignment of
personnel. Auxiliary services required include, but are not limited to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and
tests.
3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the
Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Architect and the Contractor in
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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.
1. Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the state
where the Project is located.
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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.
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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.
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1.4 TESTING LABORATORY RESPONSIBILITIES
A. Test samples of mixes.
B. Provide qualified personnel at the Site. Cooperate with WSP/Engineer and the
Contractor in performance of services.
C. Perform specified inspection, sampling, and testing of products in accordance with
specified standards.
D. Ascertain compliance of materials and mixes with requirements of the Contract
Documents.
E. Promptly notify WSP/Engineer and the Contractor of observed irregularities or non-
conformance of the Work or products.
F. Perform additional inspections and tests required by the WSP/Engineer.
1.5 TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to WSP/Engineer and Contractor.
B. Include:
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
8. Date of test
9. Results of test
10. Conformance with the Contract Documents
C. When requested by WSP/Engineer, provide interpretation of test results.
1.6 LIMITS ON TESTING LABORATORY AUTHORITY
A. The testing laboratory may not release, revoke, alter, or enlarge on requirements
of the Contract Documents.
B. The testing laboratory may not approve or accept any portion of the Work.
C. The testing laboratory may not assume any duties of the Contractor.
D. The testing laboratory has no authority to stop the Work.
1.7 THE CONTRACTOR RESPONSIBILITIES
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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 200 of 235
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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.
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2. Trades: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
"carpenter". It also does not imply that requirements specified apply
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing the
Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
J. Project Site is the space available to the contractor for performance of construction
activities, either exclusively or in conjunction with others performing other work as
part of the Project. The extent of the Project site is shown on the Drawings and
may or may not be identical with the description of the land on which the Project is
to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-Division format
and MASTER FORMAT numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intended meaning of certain terms, words, and phrases when
used in particular situations or circumstances. These conventions are explained
as follows:
1. Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and the
context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to be
performed by the Contractor. At certain locations in the text, for clarity,
subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
a. The words "shall be" shall be included by inference wherever a
colon (:) is used within a sentence or phrase.
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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.
1. Minimum Quantity or Quality Levels: The quantity or quality level shown or
specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are minimum
or maximum, as appropriate for the context of the requirements. Refer
uncertainties to WSP/Engineer for a decision before proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations are
used in the Specifications or other Contract Documents, they mean the recognized
name of the trade association, standards generating organization, authority having
jurisdiction, or other entity applicable to the context of the text provision. Refer to
the "Encyclopedia of Associations", published by Gale Research Co., available in
most libraries.
F. Abbreviations and Names;;
Trade association names and titles of general standards are frequently
abbreviated. The following abbreviations and acronyms, as referenced in the
Contract Documents, mean the associated names. Names and addresses are
subject to change and are believed, but are not assured, to be accurate and up-
to-date as of the date of the Contract Documents.
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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
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ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
EIMA ElFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI National Elevator Industry
NELMA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association
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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 206 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 207 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 208 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 209 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 210 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 211 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 212 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 213 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 214 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 215 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 216 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 217 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 218 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 01630 - POST-CONTRACT SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Post-proposal substitutions
1.2 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
B. After the end of the proposal period, substitution requests, from the successful
Proposer, will be considered only in the case of:
1. Product unavailability.
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request with the
following information:
1. Complete data substantiating compliance of proposed substitution with
requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
C. Samples, as applicable.
d. Name and address of similar projects on which product has been
used and date of each installation.
2. Itemized comparison of the proposed substitution with product specified,
listing significant variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with product specified.
a. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of
replacement materials.
D. Substitutions will not be considered for acceptance when:
1. A substitution is indicated or implied on shop drawings or product data
submittals without a formal request from Proposer.
2. Acceptance will require substantial revision of Contract Documents.
3. In judgment of WSP/Engineer the substitution request does not include
adequate information necessary for a complete evaluation.
POST CONTRACT SUBSTITUTIONS 01630-Page 219 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 220 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
POST-PROPOSAL SUBSTITUTION FORM
TO: WSP/Engineer
We hereby submit for your consideration the following product instead of the specified item for
the above project:
DRAWING NO: DRAWING NAME:
SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and
performance to that which is specified. Clearly mark manufacturer's literature to indicate equality
in performance.
The undersigned certifies that the function, appearance and quality are of equal performance and
assumes liability for equal performance, equal design and compatibility with adjacent materials.
Submitted By:
Signature Title
Firm
Address
Telephone Date
Signature shall be by person having authority to legally bind his firm to the above terms. Failure
to provide legally binding signature will result in retraction of approval.
For use by the Architect/Engineer: For use by the Owner/Prof. Mgmt.:
Recommended Recommended as noted Approved
Not Recommended Received too late Not Approved
Insufficient data received Approved as noted
By: By:
Date: Date:
POST CONTRACT SUBSTITUTIONS 01630-Page 221 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including engineering and
detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list significant
variations:
H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($ ).
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
END SECTION 01630
POST CONTRACT SUBSTITUTIONS 01630-Page 222 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
SECTION 01640 - PRODUCT HANDLING
PART I--GENERAL
1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary
Conditions, and Sections in Division of these Technical Special
Provisions.
2. Additional procedures also may be prescribed in other Sections of
these Technical Special Provisions.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures
as are required to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by Sustainability Manager, determine and
comply with manufacturers' recommendations on product handling,
storage, and protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container,
with labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact
until time of use.
2. Promptly remove damaged material and unsuitable items from the
job site, and promptly replace with material meeting the specified
requirements, at no additional cost to the Owner.
B. WSP/Engineer may reject as non-complying such material and products
that do not bear identification satisfactory to WSP/Engineer as to
manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are
handled.
B. Provide protection for finished floor surfaces in traffic area prior to allowing
equipment or materials to be moved over such surfaces.
PRODUCT HANDLING 01640-Page 223 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 224 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 225 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 226 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 227 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 228 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 229 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 230 of 235
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
1. Required information may, as an option, be entered on a "working set" and
then at completion of Project transfer the information to final submitted
"Project Record" set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to survey data.
b. Horizontal and vertical location of underground utilities and
appurtenances referenced to permanent surface improvements.
C. Location of internal utilities and appurtenances concealed in
construction referenced to visible and accessible features of
structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of each
product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
C. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts and similar items are in
most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 1" on the centerline of items shown
schematically.
b. Identify each item, for example, "cast iron drain""galvanized water".
C. Identify location of each item, for example, "under slab", "in ceiling
plenum", "exposed".
3. WSP/Engineer may waive requirements of schematic layout conversion,
when in his opinion, it serves no beneficial purpose. Do not, however, rely
on waivers being issued except when specifically issued by WSP/Engineer
in writing.
1.4 SUBMITTAL
A. At completion of Project, deliver Project Record Documents to WSP/Engineer prior
to request for final payment.
B. Accompany submittal with transmittal letter, in duplicate, containing:
1. Date
2. Project title and Project number
OPERATION AND MAINTENANCE DATA 01730-Page 231 of 235
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LONG KEY LIVING SHORELINE RESTORATION 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 232 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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.
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
C. Replacement Cost: Upon determination that Work covered by a warranty has failed,
replace or rebuild the Work to an acceptable condition complying with requirements of the
Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding
defective Work regardless of whether the Owner has benefited from use of the Work through a
portion of its anticipated useful service life.
D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied
warranties and shall not limit the duties, obligations, rights, and remedies otherwise available
under the law. Expressed warranty periods shall not be interpreted as limitations on the time in
which the Owner can enforce such other duties, obligations, rights or remedies.
E. Where the Contract Documents require a special warranty, or similar commitment on the
Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the
Contractor presents evidence that entities required to countersign such commitments are willing
to do so.
1.5 SUBMITTALS
A. Submit written warranties to Sustainability Program Manager prior to the date certified
for Substantial Completion. If the Sustainability Program Manager's Certificate of Substantial
Completion designates a commencement date for warranties other than the date of Substantial
Completion for the Work, or a designated portion of the Work, submit written warranties upon
request of Sustainability Program Manager.
B. When the Contract Documents require the Contractor, or the Contractor and a
subcontractor or supplies manufacturer to execute a special warranty, prepare a written
document that contains appropriate terms and identification, ready for execution by the required
parties. Submit a draft to the Owner, through Project Management, for approval prior to final
execution.
C. Form of Submittal: At Final Completion compile 2 copies of each required warranty
properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or
manufacturer. Organize the warranty documents into an orderly sequence.
D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl-
covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to
receive 8 '/2 x 11" (11 5-by-280-m m) paper.
1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty.
Mark the tab to identify the product or installation. Provide a typed description of the product or
installation, including the name of the product, and the name, address, and telephone number of
the Installer.
2. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES", Project title or name, and name of the Contractor.
3. When warranted construction requires operation and maintenance manuals, provide
additional copies of each required warranty, as necessary, for inclusion in each required
manual.
4. Provide one complete electronic copy on CD/DVD
5. Warranties will be submitted with the final project closure package
END SECTION 01740
WARRANTIES 01740-Page 234 of 218
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
Exhibit D
FDEP Agreement No.: 22-FRP-131
36
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Monroe County Shoreline 1 Long Key Living Shoreline 22FRP131
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: Monroe County Entity Type: Local Government
Grantee Address: 500 Whitehead Street, Key West, Florida 33040 FEID: 59-6000749
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution 9/30/2026
4. Project Number: FRP131 Project Location(s): Monroe County
(If different from Agreement Number)
Project Description:
The project will conduct design,permitting and construction of a living shoreline to provide coastal resiliency for the County's Long
Key Solid Waste Transfer Station while providing environmental benefits to the Florida Keys National Marine Sanctuary.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources :
$900,000.00 ❑ State OFederal FY 21-22 GAA Line Item 4152-D $ 900,000.00
❑ State ❑Federal $
❑ Grantee Match $
Total Amount of Funding+Grantee Match,if any: $ 900,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Lisa Widener Name: Rhonda Haag
or successor or successor
Address: Resilient Florida Program Address: 102050 Overseas Highway, Ste 246
2600 Blair Stone Road,MS235 Key Largo,Florida 33070
Tallahassee,Florida 32399
Phone: 850-245-8323 Phone: 305-453-8774
Email: Lisa.Widener@FloridaDEP.gov Email: haag-rhondaLmonroecounty-fl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
Y Attachment 2: Special Terms and Conditions
0 Attachment 3: Grant Work Plan
Y Attachment 4:Public Records Requirements
0 Attachment 5: Special Audit Requirements
Y Attachment 6:Program-Specific Requirements
❑ Attachment 7: Grant Award Terms(Federal)*Copy available at https:Hfacts.fldfs,.com,in accordance with§215.985,F.S.
Y Attachment 8:Federal Regulations and Terms(Federal)
❑ Additional Attachments(if necessary):
0 Exhibit A:Progress Report Form
❑ Exhibit B:Property Reporting Form
0 Exhibit C:Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808
0 Additional Exhibits(if necessary): Exhibit F:Final Report Form,Exhibit G:Photographer Release Form,and Exhibit H:Contractual Services Certification
DEP Agreement No. 22FRP131
Rev.6/23/23
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
Tine foil)wing information a lies to Federal Grants onl and is identified in accordance with 2 CFR 200.331 a 1 :
Federal Award Identification Number(s) A SLFRP0125
Federal Award Date to Department: 2/4/2022
Total Federal Funds Obligated by this A eement: $900 000.00
Federal Awarding Agency: U.S.De artment of Treasury
Award R&D? fJ Yes 12-N/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date by the Agreement Begin Date unless
another date is specified in the rant documents.
Monroe County EE
Air
By _ s Attest: Sevin Madok, Clerk
(Authorized gn a, gned
Craig Cates,Mayor Sevtember 20,2023
Print Name and Title of Person Signing As Deputy Clerk
®IIIO��II111•IIII_® 111���II��111111aIC111T��I1lI��AY�1 1�1I RIA�I
State of Florida Department of Environmental Protection DEPARTMENT
By , 7" 11� 10/17/2023
Secretary or Designee Date Signed
Alex Reed,Director of the Office of Resilience and Coastal Protection
Print Name and Title of Person Signi
���III�IAlplll�lllllll� �IIIAIINII
na
® Additional signatures attached on separate page.
w
_—D t=
Approved as to fonts and legal sufficiency:
Monroe County Attorney's Office 8-22-2023 -�
CD
C co
DE P Agreement No. 22FRP131
Rev.6/23/23
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
(")RCP.Additional Signatures
P, EP Grant Manager,Hanna Tillot I.son
Hanna Tillotson, Program Administrator, on behalf of Lisa Widener, previous
DEP Grant Manager
e� er,Charles Neuha DEP Q user
Grantee inay add additional signatures below, if ne ded.
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
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 shall 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 shall 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.
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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.
i. 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.
ii. 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. WithholdingPPavment. 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 implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten(10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
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
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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: httDs://www.myfloridaefo.com/does-sf/accounting-and-aizditinc-libraries/state-
aagencie s/reference-guide-for-state-expenditures.pddf.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a 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.
f. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m),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.
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.
g. 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.
h. 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.
i. 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.
j. 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:
ht!ps://www.myflorida fo.com/division/aa/local-govemments/iudgement-interest-rates.
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k. 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/Indirect/General 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 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall 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 shall 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-
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 the purposes of this Agreement,Equipment is defined as capital outlay costing
$5,000 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
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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 amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall
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 shall provide written notification to Grantee of the failure to perform
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.
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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 parry
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
i. 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.
ii. 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.
iii. 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.
iv. 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,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
V. 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 minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
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;
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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 inbankruptcy)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 shall be deemed to satisfy the thirty(30)days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay 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 any 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 shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
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.
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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 shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, 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, at 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 like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
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 abid,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 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;
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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 Diversity,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 shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms 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
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:
i. 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
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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:
hnps://www.epa.gov/invesUinvesting-america-signa2e.
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.
i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135,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 term of the Agreement.
ii. 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 engaged with business operations in Cuba or Syria as identified in
section 287.135,F.S.Pursuant to section 287.135,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 Sudan List, or Scrutinized
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.
iii. 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:
h1t :// o-Myflerida_com/lihrarY-archives/recerds-manag=QpLgen ards-sch , ui s/).
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.
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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 financial assistance,Grantee shall utilize the
form 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:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness 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 can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
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.
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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 fines that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at 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
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
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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. 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.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.22FRP131
ATTACHMENT 2
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 1 Long 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.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. Insurance Requirements
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
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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.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 5%of the total amount of the
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.
a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business
transports people or commodities 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)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a 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
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
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Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Additional Terms.
Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed
by a subcontractor(s),the Grantee shall require that such subcontractor(s)submit documentary evidence(e.g.,
workshop agendas;meeting recordings)to Grantee demonstrating that the subcontractor(s)has fully performed its
Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with
the Grantee's relevant deliverable(s),using the approved Project Timeline set forth in Attachment 3 to this
Agreement(Grant Work Plan).
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. 22FRP131
ATTACHMENT 3
PROJECT TITLE: Monroe County Shoreline 1 Long 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 1 Long Key Living Shoreline (Project) to provide coastal resiliency for the
County's Long Key Solid Waste Transfer Station, while providing environmental benefits to the Florida
Keys National Marine Sanctuary, an Outstanding Florida Waters. The project includes Designing,
Permitting and Construction tasks.
TASKS AND DELIVERABLES:
Task 1—Design and Permitting
Description: The Grantee will acquire professional services for the engineering and design of a living
shoreline for a costal resiliency from sea level rise and storm surge impacts,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.
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; and
• 1.2: A copy of final permit documents from all applicable local, state, and federal regulatory
agencies.
Task 2: Construction
Description: The Grantee will construct a living shoreline of approximately 1,282-feet, consisting of
structural and nature-based solutions. The project will provide numerous designed breaks along the living
shoreline to create essential wetland habitat, designed mangrove planting along the entire living shoreline
to increase shoreline stabilization,and seagrass plantings adjacent to the living shoreline; 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.
Deliverables: The Grantee will submit:
• 2.1: A copy of the record(as-built) drawings;
• 2.2: A Certificate of Completion signed by a Florida-registered Professional Engineer; and
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• 2.3: Coordinate final site visit with Department and submit the Closeout Site Visit Form received
from assigned Field Agent.
PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the
Department's Grant Manager 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 denial of the deliverable(s)to the Grantee within thirty(30)calendar
days. 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.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement's most recent Project Timeline, 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 and/or
submitted to the Department in a timely manner.
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;the Exhibit A,Progress Report Form,
detailing all progress made in the invoice period; and supporting fiscal documentation including match, if
applicable. Interim payments will not be accepted. 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 Project Timeline. 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 Budget DEP Match Total Task Start Task Due
No. Task Title Category Amount Amount Amount Date Date
Design and Contractual $100000 $0 $100 Upon 6/30/2026
1 Permitting Services , ,000 Execution
2 Construction Contractual $800 000 $0 $800 000 Upon 6/30/2026
includes CEI Services Services Execution
Total: $900,000 $0 $900,000
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
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 or section 119.07(l),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 119.0701(l)(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: -public.services(tr,,floridade 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
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department", 'DEP" 7DEP"or "Grantor", or other name in the agreement)to the recipient(which may be
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
1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR 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.
2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
intemet at h s:Hsafn.aov/content/assistance-listings.
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes.
1. 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 69I-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.
2. In connection with the audit requirements addressed in Part 11,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.
3. 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).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at httDs:HaDDS.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.iis/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at ham://www.fldfs.com/and the Auditor General's Website at
http://www.mvflorida.com/aiidgen/.
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 ofState 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
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a) (the number of copies required by
2 CFR§200.501(a) should be submitted to the Federal Audit Clearinghouse),at the following address:
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By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth 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 htt1�://haryester.censtis.goy/facweb/
2. Copies of financial reporting packages required by PART 11 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:
FDEPSingleAiiditLddep.s e.fl.izs
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(http://flaiiditor.�yov/)provides instructions for filing an
electronic copy of a financial reporting package.
3. 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:
FDEPSincleAiidit��deD.s e.fl.izs
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
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5. 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 five (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.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
RESILIENT FLORIDA PROGRAM
ATTACHMENT 6
1. Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to
Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for
performing a Sea Level Impact Projection(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 be published
on the Department's website for at least thirty (30)days before construction can commence. This rule went
into effect July 1, 2021, and applies to certain state-funded construction projects located in the coastal
building zone as defined in the rule.
2. 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 acquired and
approved permits for the project.
3. Attachment 3, Grant Work Plan. Performance Measures. All deliverables and reports submitted to the
Department should be submitted electronically and must be compliant with the Americans with Disabilities
Act,also known as"508 Compliant,"in all formats provided.
4. 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 in any work developed under this Agreement;and
b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
5. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit
conditions,mitigation,and settlement agreements.
6. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that
are produced either as research instruments or for documenting experimentation or findings(unless otherwise
required under the special terms of this Agreement),Grantee agrees to include the Department's logo(which
can be found on the Department's website at: https://floridado._gov or by contacting the Grant Manager for
a copy)on all publications,printed reports, maps,audiovisuals(including videos, slides,and websites), and
similar materials, 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."
The next printed line must identify the month and year of the publication.
7. 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 quarterly status report, only in
instances where the next quarterly report falls after the project's completion date.
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8. 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.
9. 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 requesting payment
that includes contractual services.
10. Vulnerability Assessments.For all Planning grant agreements(Resilient Florida Grant Program and Regional
Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist
Certification,with the final grant deliverable(s).
11. Geographic Information System(GIS)files and associated metadata. All GIS files and associated metadata
must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program
website: httDs://floridadeD. og v/rCD/resilient florida-Drogram/documents/resilient-florida-Drograin-cis-data-
standards),and raw data sources shall be defined within the associated metadata.
12. State and Local Fiscal Recovery Funds.For all grant agreements funded with the Coronavims State and Local
Fiscal Recovery Funds(SLFRF)under the American Rescue Plan Act,the Grantee must submit the SURF
Reporting Requirements Form upon execution of the grant agreement.
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ATTACHMENT 8
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 subjectto debarmentand 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. Egual Opportunity 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 on behalf of the
Recipient,state that all qualified applicants will receive consideration for employment without regard
to race,color,religion, sex,sexual orientation,gender identity,or national origin.
C. The Recipient 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
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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 Firms Under
Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the
awarding agency.
6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387),and EPA Reeulations
If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control
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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:
https://apply07.grants.gov/Mly/f`orms/smple/SFLLL 1 2 P-V1.2.pdf.
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 Contractor 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 175)
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 shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
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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 tenmination 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 shall comply with all applicable assurances made by the Department or the Recipient to the Federal
Government during the Grant application 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 information on federal awards(federal financial assistance and
expenditures)be made available to the public via a single,searchable website,which is www.USASDendinc.gov.
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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
All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026.
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 S10 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 hired through a third party;
iii. The wages and benefits of workers on the project by classification;and
iv. Whether those wages are at 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
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
Attachment 8
5 of 6
Rev. 11/15/2022
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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 information to 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
6 of 6
Rev. 11/15/2022
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT A
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 payment request 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.
https://floridade �4av/ esilient-Florida ra�4ram/Grants
Exhibit A, Page 1 of 1
Rev. 1/13/2023
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant
agreements can be found on the Department's website at the link below. Each payment request must be
submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit
C that occur during the grant agreement period.
https://floridade �4av/ esilient-Florida ra�4ram/Grants
Exhibit C,Page 1 of 1
Rev. 12/02/19
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EXHIBIT F
DEP AGREEMENT NO. 22FRP131
MONROE COUNTY SHORELINE 1 LONG KEY LIVING SHORELINE
Monroe County
Final Project Report
DIEP '
Insert Month&Year
This report is funded in part through a grant agreement from the Florida Department of Environmental Protection.
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.
Exhibit F,DEP Agreement#22FRP131
Page 1
6/30/2023
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
Part L Executive Summary
Part H.Methodology
Part IIL Outcome
Include the following:1) evaluation of project's ability to meet goals and expected perfbrmance measures and provide
explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and
quantifiable metrics (including the assigned metric in ExhibitA, if applicable) as a result of the project; and 3)final
project photos, if an implementation construction project.
Part IV.Further Recommendations
Instructions for completing Exhibit F Final Project Report Form:
DEP AGREEMENT NO.: This is the number on your grant agreement.
GRANTEE NAME: Enter the name of the grantee's agency.
PROJECT TITLE:Enter the title shown on the first page of the grant agreement.
MONTH&YEAR:Enter month and year of publication
The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and
Further Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement.Please limit the final project report to no more than five(5)pages.One electronic copy shall be submitted
to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final
Project Report.
Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager,
identified in paragraph 18 of this agreement.
Exhibit F,DEP Agreement#22FRP131
Page 2
6/30/2023
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Florida Department of Environmental Protection
EXHIBIT G
PHOTOGRAPHER RELEASE FORM
FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 22FRP131
RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name:
Address:
City: State: Zip:
Phone Number: ( ) Email:
License and Indemnification
I certify that I am the owner of the photograph(s),video(s),audio recording(s)and/or artwork(s)being submitted and
am eighteen(18)years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
"Work")to promote the Florida Department of Environmental Protection.Uses may include,but are not limited to:
1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements,
etc.);and
2. Distribution to the media;and
3. Use in commercial products.
The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate
by the Florida Department of Environmental Protection.No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever
for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights
or other rights I may hold in such Work,and in no way shall be responsible for any losses I may suffer as a result of
any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other
individual or entity.
I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection,
its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection's use of the Work. This release and
indemnification shall be binding upon me,and my heirs,executors,administrators and assigns.
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwork/recording
file name(s):
Location of photo/video/audio
recording/artwork:
Name of person accepting Work submission
Exhibit G,DEP Agreement#: 22FRP131
11/19/2021 Page I of 1
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit H
Required for all grant agreements that include Contractual Services as an expenditure category.
DEP Agreement Number: 22FRP131
Project Title: Monroe County Shoreline 1 Long Key Living Shoreline
Grantee: Monroe County
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; and
4. 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 3. 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
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION
FORM
(PUR 1808)
Exhibit J
This form must be completed by a Common Carrier or contracted carrier and submitted to the
Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized
terms used herein have the definitions ascribed in section 908.111, F.S.
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.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true.
Printed Name: Lisa Widener
Title:
Signature: Date:
PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C.
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Exhibit E
Wage Determination
37
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"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
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preventive care; to assist a family member (or person who is
like family to the employee)who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member(or person who is
like family to the employee)who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/govemment-contracts.
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
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Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
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 ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
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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
parry (those affected by the action)that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
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200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested parry's position and any information (wage payment
data,project description, area practice material, etc.)that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested parry may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
----------------------------------------------------------------
END OF GENERAL DECISION
VV
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Exhibit F
County Attestation Forms
38
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LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
NON-COLLUSION AFFIDAVIT
I, Andy Risi of the city Tampa
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am Executive VP
of the firm of Sea & Shoreline LLC
the bidder making the Proposal for the project described in the Request for
Proposals for
Long Key Living Shoreline Restoration Project
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 said project..
(Signa re)
Date:1,/5/26
STATE OF: Florida
COUNTY OF: Hillsborough
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or® online
notarization, on 1/5/26 (date) by Andy Risi
(name of affiant). He/She is personally known to me or has produced
N/A Personally known (type of identification) as identification.
SHAKIKAVALDIVIA
g Notary Public-state of Florida NOTARY PUBLIC
Commission#HH 727504
My Comm.Expires Oct 2,2024
My commission expires: 10/2/29
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 33 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Sea & Shoreline LLC „
(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".
(Sign re)
Date: 1/5/26
STATE OF: Florida
COUNTY OF: Hillsborough
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or IN online
notarization, on 1/5/26 (date) by Piny Risi
(name of affiant). He/She is personally known to me or has produced
N/A personally known (type of identification) as identification.
=4sype P�e`n•,- SHARIRA VALDIVIA NOTARY PUBLIC
Notary iniio-State of Florida
Com,m�sci
V Comm.' on�i HH 727504
Mu
Expires Oct z,2029 My commission expires: 1O12129
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 34 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Sea & Shoreline LLC
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under proposal, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(S i g n abfre)
Date: 1/5/26
STATE OF: Florida
COUNTY OF:Hillsborough
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or Ix-) online
notarization, on 1/5/26 (date) by Piny Risi (name of affiant). He/She
is personally known to me or has produced (type of identification) as identification.Personally known
SHAKIRAVALDIVIA Notary Public-State of Florida
@ /��G2�� 1i Y L IiGGLI i
` Commission k HH'.727504
My Comm.Expires Oct 2,2029
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 35 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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 neitherSea &Shoreline LLC(Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signat e)
Date:
1/5/26
STATE OF: Florida
COUNTY OF:Hillsorouh
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or 0 online
notarization, on 1/5/26 (date) by Piny Risi (name of affiant). He/She
is personally known to me or has produced (type of identification) as identification. Personally known
SHAKIRA VALDIVIA
� Notary Public-St'"Florida NOTARY PUBLIC
Commission F HH 727504
My Comm.Expires Oct 2,2029
My Commission Expires: 10/2/29
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 36 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): Long Key Living Shoreline Restoration Project
Respondent Vendor Name: Sea & Shoreline LLC
Vendor FEIN: 7-1297120
Vendor's Authorized Representative Name and Title: Andy Risi Fxemitiye VP
Address: 4331 Cockroach Bay Rd
City: Ruskin State: FL Zip: 33570
Phone Number($SS) 6 -6991 Email Address: hellos andshorelinexorn
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to 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. I further understand that any contract with
the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted
a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: Andy Risi who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name: Andy isi
Title: Executive VP
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 37 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/VendorName: Sea & Shoreline LLC
Vendor FEIN: 7-1297120
Vendor's Authorized Representative: Andy Risi Executive VP
(Name and Title)
Address: 4331 Cockroach Bay Rd
City: Ruskin State: El zip: 33570
Phone Number: (833) 464-6991
Email Address: hello(@seaandshoreline.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 II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor
does not use coercion for labor or services in accordance with Section 787.06. Additionally,
Vendor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 49 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION 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.
1/5/26
elf (Signature of Respondent/Contractor) (Date)
Executive VP
(Title)
STATE OF Florida
COUNTY OF Hillsharough
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[]
physical presence or [x] online notarization this 5th day of January ,202E,
by Andy Rlsl
Signature of Notary Public-State of Florida
Shakira Valdivia
Name of Notary
My commission expires: 10/2/29
Personally Known x OR Produced Identification
Type of Identification Produced: N/A
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 50 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. I fully accept the indemnification and hold harmless as set out on page
00 110-12 of this proposal.
Sea & Shoreline LLC
PROPOSER Signa e
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 46 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
OHM4510246 MGL-$5,000 Each Occurrence; MEL-$10,000 Each Occurrence;
P&I-$5,000 Each Occurrence
OLM2510489 $25,000 Retention
Liability policies are X Occurrence Claims Made
The Baldwin Group Southeast LLC R.Oberpriller
Insurance Agency Signature
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 47 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
LONG KEY LIVING SHORELINE RESTORATION PROJECT, MONROE COUNTY, FL
Minoritv Owned Business Declaration
Spa Shc�r�l ln� I I C a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
is a minority business enterprise,as defined in Section 288.703,Florida Statutes
or
x is not a minority business enterprise,as defined in Section 288.703,Florida Statutes.
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 5 1-percent-owned by minority persons who are members of an insular group that is
of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate
treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises
under the group's control,and whose management and daily operations are controlled by such persons.A minority
business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not
include ownership which is the result of a transfer from a nonminority person to a minority person within a related
immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.
For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years
of age and a parent of such children or the spouse of such parent residing in the same house or living unit.
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$5 million or any firm based in this state which has a Small Business Administration 8(a)
certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal
and business investments.
Contractor may refer to Section 288.703,Florida Statutes for more information.
Contractor Sub-Recipient: Monroe County
Signal Signature
Print Name: AndV Risi Printed Name:
Title:Executive VP Title/OMB Department:
Verified via:
Address: - i Rd State of Florida Contract Number:
City/State/Zip Ruskin, FL 335 0
Date: 1/5/26 Federal Grant Project Number:
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 52 of 235
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
APPENDIX A, 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The Contractor, Sea & Shoreline LLC , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
.c9
Signat a of Contractor's Authorized Official
Andy Risi Executive VP 1/5/2
Name and Title of Contractor's Authorized Official Date
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1CFA6
DISC."LOSURE Of LOBBYING ACMITTE S
CGIM11 T:-J�7Z
L, Ti,
i corm~ b,ye,of Fe Acm� 2 teas m�sof Fe �Actio 1, Report. TN,-pe,:
a coilly'act =a.bA'offer',mpphca6?om =a inihal.
b grain b umrfinlawazd b uuteha]champe,
"zopErmlive"agf�EZUPME Po.'-'I-aWaz'd
d to For Maieriall CIL'agge Oily:
e. Loan p1mammee" year quarter
f i oan invmm.:e date of Ly-it laparr
4. No mj?.and Address af'RhportiOng Emfity S.
Eatex Naine and Iddress,of Prim:
F—I Ptmaa FISubamudeia
T:iEr if know,
Cam.gresuous]Distrixt,ifkmowm Coagressiamall District,if known
6. Feder A,DepartmesUAgemicy: 7a FL-dREMI,PHI,�TSIM.NIMe,DeS1II:PI30a:
CTDA.N'ambex,ff asp iplcabLe
0. FL-djual Acti)mm Number,if known: 9a Award Ammumd.,if hmoam:
11 ai. Namit,and ld&esss of LobtyF Eafitr b. I'aldhidtals,PerfbEming Semiles (ind)mIng
(If injividada2,lm'l Marne,first name,,ml� adJzeis ifIffi-rein from.No. I On)
CA, U- Mame,first namle"m 1�
(attach Cocimuzifion S ,�i
11. Amount of'Piymient Ir,all Thai appilly), 13.
actzhl. F-1 pig„ F—I a rpniner
F—I b. ama-dmefee
12. Farm of Paymemi(chmi:all ffixt sWy): C. Coumiis-rjou
F-1 a ":a sh, d. contiugent Le
F-] b in kind &,yexnfy namze e deha7m
vaule other,specift
U Rrief"Descriptinmi af'Sertices Perfarm*,d ac to b*perfdrmjed and Diate(s)of Sedmile,imcluding
offige*)',emplol*S)",or membey(s)coatacted,for P&Tmat hldicated in Item 11:
(attach Coirtmuzibm Sheet(s" if mecessan,')
1& Cambauadma Sheet(*of ached: Yes No
16. Zzf baza 6,313 rev A'vtd.th-,:qq4�Iis'&M:""s ZmAl'amAd by
Tit.1;K U,TA'� TAcdcm 1.32, TIn e4flchb�sz
rl;Lzm, -*mmi,yargd by tha,641 abors v;hgm hi"s,transaic"I"am,
wms mad;w anigmd.intio, 7bis,4hudastuv is Pnht
Fmqummt to 3'.' U,5,C�.1352, Mixuffwm'Z6,313 m,2 b'4
r;pc&Qd to Ccmg;fia%m3im=umH.-v will bs r-millabig,f6�r
Amy pw im w ftaa are Eig,Win,:KPdr;d.
shau.bi;;'Tkj';'ct.to 1,ci.111.1 P;rml��"I nfm'at lags.&Im'
S UD000 mad M&.mczl&th2m, 11010"1000 frar ms"h ymcl C cam. TeLeThone"140. Date:
A xlhohzpd tw LocK Fyproriasuctim
Slandrd Faun-=
2-6c IPAIR7 11COUIN17Y
Docusign Envelope ID:656C972C-OA53-4FE3-AD19-A1482BD1 CFA6
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a foram is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or eimployee of any
agency,a Mermber of Congress an officer or eimployee of Congress or an employee of a Mermber of Congress in connection with a covered
Federal action. Attach a continuation sheet for additional information if the space on the foram is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome
of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be aprime or subaward recipient. Identify
the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to
subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Iterm 4 checks"Subawardee"then enter the full narme,address,city,state and zip code of
the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of
Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcerment number,the contract grant.or loan award number,
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influenced the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last
Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity
(item IO). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this
is armaterial change report,enter the curmulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature
and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal
officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Meruber(s) of Congress that
were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-
90«ENDIF»
2-6d PART 2/COUNTY
72/5/2026
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Rebecca Oberpriller
The Baldwin Group Southeast LLC PHONE FAX
4211 W Boy Scout Blvd Ste 800 A/c No Ext: 713-463-2120 A/C,No):
Tampa FL 33607 ADMDRESS: rebecca.oberpriller@baldwin.com
INSURERS)AFFORDING COVERAGE NAIC#
License#:L002281 INSURERA: Mitsui Sumitomo Insurance USA 1983
INSURED SEA&SHO-01 INSURERB:Auto-Owners Insurance Company 18988
Sea&Shoreline, LLC
4331 Cockroach Bay Road INsuRERc: Berkley Casualty Company 15911
Ruskin FL 33570 INSURER D7
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1775063448 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY
A X COMMERCIAL GENERAL LIABILITY OHM4510246 11/14/2025 11/14/2026 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGETORENTED
PREMISES Ea occurrence $50,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY jECT LOC PRODUCTS-COMP/OP AGG $1,000,000
OTHER: Deductible $0
B AUTOMOBILE LIABILITY 5334158801 11/14/2025 11/14/2026 COEaMBINED accidentSINGLELIMIT $1,000,000
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A UMBRELLA LAB X OCCUR OLM2510489 11/14/2025 11/14/2026 EACH OCCURRENCE $5,000,000
X EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$ nnn $
G WORKERS COMPENSATION KRM460481408 11/14/2025 11/14/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? F-Y] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
A Maritime Employers Liability OHM4510246 11/14/2025 11/14/2026 Accident/EE/Disease $1,000,000
A Protection&Indemnity OHM4510246 11/14/2025 11/14/2026 Each Occurrence $1,000,000
A Inland Marine OHM4510246 11/14/2025 11/14/2026 Rented/Leased Equip $1,300,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
The General Liability,Auto,and Excess Liability policies include blanket automatic additional insured and blanket automatic waiver of subrogation
endorsements that provides these features to the certificate holder only when there is a written contract between the named insured and the certificate holder
that requires such status. General Liability,Auto and Excess Liability policies are primary, non-contributory when required by written contract between the
named insured and certificate holder. The Workers'Compensation policy includes a blanket waiver automatic waiver of subrogation endorsement that provides
this feature only when there is a written contract between the named insured and the certificate holder that requires it. Excel r
General Liability,Auto Liability, Maritime Employer's Liability, Protection& Indemnity and Employer's Liability policies. APPROVED BY RISK MANAGEMENT
Re: Long Key Living Shoreline Project, Long Key, Florida BY
DATE 2.6.26
CERTIFICATE HOLDER CANCELLATION WAIVERNIAX YES
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
The Gato Building, Room 2-205 AOR41ZEDREPREEN TVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD