Agenda - Wakulla County

Revised 11/28/18 Board of County Commissioners Wakulla County, Florida

Agenda Regular Public Meeting

Monday, December 3, 2018 @ 5:00 P.M.

Invocation

Pledge of Allegiance

Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time).

Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).

(To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taylor prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.)

Awards and Presentations (Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance).

Consent (All items contained herein may be voted on with one motion. Consent items are considered to be routine in nature, are typically non-controversial and do not deviate from past Board direction or policy. However, any Commissioner, the County Administrator, or the County Attorney may withdraw an item from the consent agenda, either in writing prior to the meeting, or at the beginning of the meeting and it shall then be voted on individually. Every effort shall be made to provide such a request to the Chairman at least 24 hours before the meeting). 1. Approval of Minutes from the November 19, 2018 Regular Board Meeting

(Brent Thurmond, Clerk of Court)

2. Approval of Minutes from the November 20, 2018 Commissioner Swearing-In Ceremony (Brent Thurmond, Clerk of Court)

3. Approval of Bills and Vouchers Submitted for November 14, 2018 through November 27, 2018 (Brent Thurmond, Clerk of Court) 4. Request Board Approval of Change Order No. 3 with Advon Corporation for Construction of the

Wakulla County Fire and EMS Facility in the Amount of $43,156.77 (Brandy King, fiscal Operations Director)

5. Request Board Approval of a SHIP Project Change Order for a New Septic Tank and Drainfield for Ida Harrell in the Amount of $5,950 (James Moseley, GSG, SHIP Administrator)

6. Request Board Approval of an Interlocal Agreement Between Wakulla County and the Wakulla County School Board Concerning Reimbursement of Certain Costs Related to Emergency Management

(Nannette Watts, Public Works Administration Director)

7. Request Board Approval to Adopt a Resolution Reappointing One Member and One Alternate Member to the Code Enforcement Board (Somer Pell, Planning & Community Development Director)

8. Request Board Approval to Adopt a Resolution Appointing Members to the Planning Commission and Appointing a Planning Commission Chairman (Somer Pell, Planning & Community Development Director)

9. Request Board Approval of a Letter of Support to the Sustainability Institute of Florida A&M University Applying for a Thriving Communities Grant From the National Academies of Science Engineering and Medicine: Gulf Research Program (Somer Pell, Planning & Community Development Director)

11. Request Board Approval of Amendment No. 1 to the Pigott Asphalt and Sitework, LLC Construction

Agreement for the Trice Lane Turn Lane in the Amount of $219,120.00 (Brandy King, Fiscal Operations Director)

12. Request Board Approval to Accept and Award ITB No. 2018-26 Otter Creek Rise Bridge 594049 Repair to North Florida Asphalt, Inc. and Approval of the Construction Agreement (Brandy King, Fiscal Operations Director)

13. Request Board Approval to Accept and Award ITB No. 2018-27 Surf Road Emergency Repairs to North Florida Asphalt, Inc. and Approval of the Construction Agreement (Brandy King, Fiscal Operations Director)

14. Request Board Approval of an Updated List of Supported Triumph Gulf Coast, Inc. Projects (Sheree Keeler, Intergovernmental Affairs & RESTORE Act Director)

15. Request Board Approval of County Disaster Preparedness Project Priorities Submitted to Triumph Gulf Coast, Inc. for Funding (Sheree Keeler, Intergovernmental Affairs & RESTORE Act Director)

Consent Items Pulled for Discussion (Members requesting further information on items placed under “Consent Agenda,” may withdraw those items and place them

here, for further discussion). General Business (General Business items are items of a general nature that require Board directions or pertain to Board policy

Public Hearing(s) (Public Hearings are held as required to receive public comments on matters of special importance or as prescribed by law. For regular Board meetings, public hearings shall be scheduled as the first substantive item on the agenda and heard at the time scheduled for the start of the meeting or as soon thereafter as is possible. Individual speakers are encouraged to adhere to a three (3) minute time limit. The Chairman has the discretion to either extend or reduce time limits, based on the number of speakers)

Planning and Zoning

(Members will be provided with planning and zoning amendment requests five (5) business days prior to the scheduled meeting. To the maximum extent possible, all support information and documentation for P&Z items shall be made available through a variety of means including the County website that will provide the public with the greatest opportunity to review documentation at the date of advertisement pursuant to Resolution No. 04-43. “In accordance with Sec. 24.01 of County Code, for all quasi-judicial proceedings each Commission member must disclose all contact received from interested parties and/or their representatives, lobbyists, or any other third parties concerning any application and any personal investigation or knowledge being relied upon during the consideration of any quasi-judicial planning and zoning matters”.)

16. Request Board Approval of a Resolution to Close/Abandon a Portion of St. Ansbury Street and a Portion of an Unnamed Platted Driveway in Surf Subdivision (Paul Parker, Agent/ Howard Kessler and Ann Van Meter, Owners)

17. Request Board Approval to File an Application to Close/Abandon a Portion of Pine Street in Surf

Subdivision (Preston Cowie, Owner)

Commissioner Agenda Items (Items with supporting documentation shall be provided by a Commissioner to the County Administrator three (3) business days prior to the scheduled meeting. Items that are agendaed by Commissioners and fail to gain approval may not be replaced on the agenda by a Commissioner on the non-prevailing side for a period of six (6) months without approval of the Chairman unless there is substantive new information to present).

10. Commissioner Hess a. Request Board Approval of Commissioner Appointments on Various Committees, Councils,

and Boards for 2019 County Attorney

(County Attorney items are items of a legal nature that require Board direction or represent general information to Board Members, staff or the public).

County Administrator

(County Administrator items are items that require Board direction or represent general information to Board Members, staff or the public).

Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).

Discussion Issues by Commissioners (The purpose of this section is for Commissioners to request staff action on various issues, including scheduling of a future agenda item for later Board action, based on the approval of a majority of the Board. No assignments or request for agenda items shall be given to the County Administrator or County Attorney without the express approval of the majority of the Board. The Board shall take no policy action without an agenda item unless such is accomplished through a unanimous vote of the Board. The remarks of each Commissioner during his or her “discussion items” shall adhere to Robert Rules of Order, for proper decorum and civility as enforced by the Chairman.

Adjourn

(Any departure from the order of business set forth in the official agenda shall be made only upon majority vote of the members of the Commission present at the meeting) The next Board of County Commissioners Meeting is scheduled for

Monday, January 7, 2019 at 5:00p.m.

Regular Board Meeting and Holiday Schedule

January 2018 – December 2018

January 2018 February 2018 March 2018 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 1 2 3 1 2 3

7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10

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28 29 30 31 25 26 27 28 25 26 27 28 29 30 31

April 2018 May 2018 June 2018

S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 7 1 2 3 4 5 1 2

8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9

15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16

22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23

29 30 27 28 29 30 31 24 25 26 27 28 29 30

July 2018 August 2018 September 2018

S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 7 1 2 3 4 1

8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8

15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15

22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22

29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29

30

October 2018 November 2018 December 2018

S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 1 2 3 1

7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8

14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15

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30 31

Regular Board Meeting & Workshops Special Meeting Holiday

PUBLIC NOTICE

2018/2019 Tentative Schedule All Workshops, Meetings, and Public Hearings are subject to change

All sessions are held in the Commission Chambers, 29 Arran Road, Suite 101, Crawfordville, FL. Workshops are scheduled as needed.

Month

Day Time Meeting Type

December 2018 Monday, 3 5:00P.M. Regular Board Meeting

Monday, 10 7:00P.M. Planning Commission Meeting

January 2019 Monday, 7 5:00P.M. Regular Board Meeting

Monday, 14 7:00P.M. Planning Commission Meeting

Monday, 22 5:00P.M. Regular Board Meeting

Board of County Commissioners Agenda Request

Date of Meeting: December 3, 2018 Date Submitted: November 21, 2018 To: Honorable Chairman and Members of the Board

From: Brent X. Thurmond, Clerk of Court Subject: Approval of the Minutes from the November 19, 2018 Regular Board Meeting

Statement of Issue: This agenda item requests Board approval of the minutes from the November 19, 2018 regular Board meeting. Options: 1. Approve the minutes of the November 19, 2018 Regular Board Meeting. 2. Do not approve the minutes of the November 19, 2018 Regular Board Meeting. 3. Board Direction. Recommendation: Option #1 Attachment(s) 1. Draft of Minutes – November 19, 2018 Regular Board Meeting

Board of County Commissioners Regular Public Meeting

Monday, November 19, 2018 The Board of County Commissioners in and for Wakulla County, Florida met for a Regular Public Meeting on Monday, November 19, 2018 at 5:00 p.m. with Chairman Ralph Thomas presiding. Present were Commissioners Randy Merritt, Mike Stewart, Jerry Moore, and Chuck Hess. Also present were County Administrator David Edwards, County Attorney Heather Encinosa and Deputy Clerk Kelly Marks. The Invocation and Pledge of Allegiance were provided by Commissioner Stewart. APPROVAL OF AGENDA (CD5:01) Somer Pell has tabled Item #9 to a future meeting. (CD5:01) Commissioner Merritt moved to approve the agenda as amended; second by Commissioner Hess and the motion passed unanimously, 5/0. CITIZENS TO BE HEARD (CD5:02) Gerald Fielder: Lake Ellen Boat Ramp concerns (CD5:04) Todd Mitchell: Address Waste Pro complaints AWARDS AND PRESENTATIONS (CD5:07) Appreciation Announcement of Commissioner Jerry Moore – Commissioner Ralph Thomas CONSENT AGENDA (CD5:10) Commissioner Merritt moved to approve the consent agenda as amended; second by Commissioner Stewart and the motion passed unanimously, 5/0. 1. Approval of Minutes from the November 5, 2018 Regular Board Meeting Approve – Minutes from the November 5, 2018 Regular Board Meeting 2. Approval of Bills and Vouchers Submitted for October 31, 2018 through November 20, 2018 Approve – Payment of Bills and Vouchers Submitted for October 31, 2018 through November 20, 2018 3. Request Board Approval of the Disposal of County Property Approve – Disposal of County Property 4. Request Board Approval of the Additional Certification and Grant Agreement for FY 2018-2019 State Aid to Libraries Grant Application

Approve – Additional Certification and Grant Agreement for FY 2018-2019 State Aid to Libraries Grant Application 13. Request Board Approval of the Revised AR 13.01 Animal Services Policy and Procedure Approve – Revised AR 13.01 Animal Services Policy and Procedure CONSENT ITEMS PULLED FOR DISCUSSION None GENERAL BUSINESS None PUBLIC HEARING (CD5:10) 5. Request Board Approval to Conduct the Public Hearing and Adopt an Ordinance Amending Section 7-20 of the Land Development Code Pertaining to Development Plan Reviews and Inspections for New Subdivisions Commissioner Merritt moved to Approve to Conduct the Public Hearing and Adopt an Ordinance Amending Section 7-20 of the Land Development Code Pertaining to Development Plan Reviews and Inspections for New Subdivisions; second by Commissioner Stewart and the motion passed unanimously, 5/0.

(CD5:11) 6. Request Board Approval to Conduct the Public Hearing and Adopt a Resolution Electing to Use the Uniform Method of Collecting Annual Non-Ad Valorem Special Assessments Commissioner Merritt moved to Approve to Conduct the Public Hearing and Adopt a Resolution Electing to Use the Uniform Method of Collecting Annual Non-Ad Valorem Special Assessments; second by Commissioner Moore and the motion passed unanimously, 5/0. PLANNING AND ZONING 7. Application for Change of Zoning R18-12 (Cynthia Hamrick, Applicant) This Item Has Been Tabled to a Future Meeting (CD5:11) 8. Application for Change of Zoning R18-14 (Fred & Thu Morhfeld, Applicants) (CD5:22) Commissioner Merritt moved to Approve to Conduct the Final Public Hearing and make the following findings: (a) that the proposed rezoning is compatible with the existing character of the surrounding area; and (b) existing residentially zoned parcels will not be negatively impacted by the proposed rezoning and adopt the proposed zoning Ordinance, amending the official zoning from RR1 to C2, based upon the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon;

second by Commissioner Moore and the motion failed 2/3 with Commissioners Merritt and Thomas voting for and Commissioners Stewart, Moore, and Hess voting against. (CD5:22) Commissioner Stewart moved to Deny the request for re-zoning R18-14 from RR1 to C2 because the proposed zoning is not compatible with the existing residential area, would cause excessive traffic in a residential area, and potential noise in a residential area. Thus the existing residentially zoned parcels would be negatively impacted by this proposed rezoning; second by Commissioner Hess and the motion passed 3/2 with Commissioners Stewart, Moore, and Hess and Thomas voting for and Commissioners Thomas and Merritt voting against. 9. Application for Change of Zoning R18-15 (Jennifer Graf, Owner/Teramore Development, Agent) This Item Has Been Tabled to a Future Meeting (CD5:24) 10. Application for Change of Zoning R18-16 (Robert & Ryan Breg, Owners/Edwin Brown & Associates, Agent) Commissioner Merritt moved to Approve to Conduct the Final Public Hearing and adopt the proposed zoning Ordinance, amending the official zoning from RR1 to LDR, based upon the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Hess and the motion passed unanimously, 5/0. (CD5:26) 11. Application for Change of Zoning R18-17 (R E Meadows, Applicant) Commissioner Merritt moved to Approve to Conduct the Final Public Hearing and adopt the proposed zoning Ordinance, amending the official zoning from RR1 to LIC, based upon the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Moore and the motion passed unanimously, 5/0. (CD5:27) 12. Application for Change of Zoning R18-18 (Wakulla County, Applicant) Commissioner Merritt moved to Approve to Conduct the Final Public Hearing and adopt the proposed zoning Ordinance, amending the official zoning from RR-2 with Conditions to RR-2, based upon the Planning Commission’s recommendation and findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Hess and the motion passed unanimously, 5/0. COMMISSIONER AGENDA ITEMS None COUNTY ATTORNEY None

COUNTY ADMINISTRATOR (CD5:28) Debris Pick-up Update (CD5:29) Update on Otter Creek Rise Bridge CITIZENS TO BE HEARD None DISCUSSION ISSUES BY COMMISSIONERS (CD5:29) COMMISSIONER MERRITT – Enforce Waste Pro Contract Provisions; Appalachee Regional Council – SELF Program (CD5:30) Request Board Approval to Extend the waving of the Permit Fees until January 8, 2019 with the change of Staff verifying that there is storm damage, drafting an application that property owners have to sign for the waving of fees, and Replacement Homes would have to be substantially damaged to have the permit fees waived. Commissioner Merritt moved to Approve to Extend the waving of the Permit Fees until January 8, 2019 with the change of Staff has to verify that there is storm damage, drafting an application that property owners have to sign for the waving of fees, and Replacement Homes would have to be substantially damaged to have the permit fees waived; second by Commissioner Moore and the motion passed unanimously, 5/0.

(CD5:43) COMMISSIONER HESS – Septic Tank Issues (CD5:54) COMMISSIONER STEWART – Direct Staff to draft a letter to WCSO and FHP to step up the enforcement on the County Roads regarding speeding violations; Thank Commissioner Moore for his service (CD5:59) COMMISSIONER MOORE – Lasting Remarks and Thank those who helped him along the way (CD6:10) There being no further business to come before the Board, Commissioner Merritt made a motion to adjourn; second by Commissioner Moore and the motion passed unanimously, 5/0. The meeting adjourned at 6:10 p.m.



From: Brent X. Thurmond, Clerk of Court Subject: Approval of the Minutes from the November 20, 2018 Swearing-In Ceremony

Statement of Issue: This agenda item requests Board approval of the minutes from the November 20, 2018 Swearing-In Ceremony. Options: 1. Approve the minutes of the November 20, 2018 Swearing-In Ceremony. 2. Do not approve the minutes of the November 20, 2018 Swearing-In Ceremony. 3. Board Direction. Recommendation: Option #1 Attachment(s) 1. Draft of Minutes – November 20, 2018 Swearing-In Ceremony

Board of County Commissioners Swearing-In Ceremony

Tuesday, November 20, 2018

The Board of County Commissioners in and for Wakulla County, Florida met for a Swearing-In Ceremony on Tuesday, November 20, 2018 at 6:00 p.m. Present were Commissioners Ralph Thomas, Chuck Hess, Mike Stewart, Commissioner Re-Elect Randy Merritt, and Commissioner-Elect Quincee Messersmith. Also present were County Administrator David Edwards, County Attorney Heather Encinosa and Deputy Clerk Kelly Marks. (CD6:00) The Invocation and Pledge of Allegiance was provided by Commissioner Stewart. (CD6:01) The Commissioner Thomas introduced the Honorable Judge Jill Walker. (CD6:01) Swearing in Commissioner Elect Quincee Messersmith, District 4 – Judge Walker (CD6:03) Swearing in Commissioner Re-Elect Randy Merritt, District 2 – Judge Walker (CD6:05) Commissioner Merritt moved to appoint Commissioner Chuck Hess as Chairman; second by Commissioner Stewart and the motion passed unanimously, 5/0. (CD6:06) Administer Oath to Chairman – Judge Walker (CD6:07) Commissioner Merritt moved to appoint Commissioner Mike Stewart as Vice-Chairman; second by Commissioner Thomas and the motion passed unanimously, 5/0. (CD6:07) Administer Oath to Vice-Chairman – Judge Walker (CD6:09) Closing Comments cy Chairman Hess (CD6:09) The Swearing-In Ceremony adjourned at 6:09 p.m.



From: Brent X. Thurmond, Clerk of Court

Subject: Approval for Payment of the Bills and Vouchers Submitted for November 14,

2018 through November 27, 2018 Statement of Issue: This agenda item requests Board approval for payment of the bills and vouchers submitted for November 14, 2018 through November 27, 2018. Background: It is the policy of the Board to pre-approve payment of the bills and vouchers prior to the release of funds. Options: 1. Approve payment of the bills and vouchers submitted for November 14, 2018 through November 27,

2018. 2. Do not approve payment of the bills and vouchers submitted for November 14, 2018 through

November 27, 2018. 3. Board direction. Recommendation: Option #1 Attachment(s) 1. Statement of the bills and vouchers submitted for November 14, 2018 through November 27, 2018



From: David Edwards, County Administrator

Brandy King, Fiscal Operations Director Natalie Knowles, Procurement & Contract Coordinator

Subject: Request Board Approval of Change Order No. 3 with Advon Corporation for

Construction of the Wakulla County Fire and EMS Facility in the Amount of $43,156.77

Statement of Issue: This agenda item requests Board approval of Change Order No. 3 with Advon Corporation for construction of the Wakulla County Fire and EMS Facility in the amount of $43,156.77. Background: On January 8, 2018, the Board approved to award ITB #2017-33 for construction of a new fire and EMS facility to Advon Corporation (AC) and approved the Construction Agreement in the amount of $2,079,203.00. Additionally on February 14, 2018, a Notice to Proceed was provided to Advon Corporation and a pre-construction meeting was held on February 26, 2018. After the construction began, it was determined there were some items that would need to be redesigned, upgraded and added to the scope of the project such as adding structural steel material per ASI#4, heaters, exhaust fans, sound board insulation, and air intake for SCBA compressor (Attachment 1). Staff has met with the engineer and with AC on November 5, 2018 to negotiate the pricing and extent of those changes. Analysis: Clemons, Rutherford & Associates, Inc. (CRA) is the Engineer of Record for the Project. CRA completed the redesign effort under the original design task. The costs associated with this change order are detailed as follows:

• Entry canopy structural steel material and installation - $3,314.05 • Add exhaust fans - $6,972.77 • Add heaters (HVAC) - $8,437.85 • Add heaters (electrical) - $1,630.91 • Add heaters (plumbing) - $8,315.00 • Add intake for SCBA Compressor - $1,220.00

Request Board Approval of Change Order No. 3 with Advon Corporation for Construction of the Wakulla County Fire and EMS Facility in the Amount of $43,156.77 December 3, 2018 Page 2

• Add sound board insulation - $1,750.81 • Add additional compressed air drops - $6,450.00 • Contractor OH & P - $3,809.14 • Bonds and insurance - $1,256.24

The project schedule reflects a final completion date of January 24, 2019. If additional change orders or other issues arise during construction, the final completion could be impacted to a later date. Budgetary Impact: Change Order No. 3 totals $43,156.77. If approved, funding is available, and payment will be made from the One Cent Sales Tax – Facility Fund. The revised amount of the Construction Agreement with AC will be $2,152,900.40. Options: 1. Approve Change Order No. 3 with Advon Corporation for construction of the Wakulla

County Fire and EMS Facility in the amount of $43,156.77. 2. Do not approve Change Order No. 3 with Advon Corporation for construction of the

Wakulla County Fire and EMS Facility in the amount of $43,156.77. 3. Board direction. Recommendation: Option #1. Attachment(s): 1. Change Order No. 3 with Advon Corporation




Somer Pell, Planning & Community Development Director Jay Moseley, GSG, SHIP Administrator

Subject: Request Board Approval of a SHIP Project Change Order for a New Septic Tank

and Drainfield for Ida Harrell in the Amount of $5,950 Statement of Issue: This agenda item requests Board approval of a SHIP Project Change Order for a new septic tank and drainfield for Ida Harrell in the amount of $5,950. Background: The State Housing Initiatives Partnership program (SHIP) provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very low, low and moderate income families. SHIP funds are distributed on an entitlement basis to all 67 counties and 53 Community Development Block Grant entitlement cities in Florida. The minimum allocation is $350,000 and the maximum allocation is over $8.8 million. In order to participate, local governments must establish a local housing assistance program by ordinance; develop a local housing assistance plan and housing incentive strategy; amend land development regulations or establish local policies to implement the incentive strategies; form partnerships and combine resources in order to reduce housing costs; and ensure that rent or mortgage payments within the targeted areas do not exceed 30 percent of the area median income limits, unless authorized by the mortgage lender. SHIP dollars may be used to fund emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. A minimum of 65 percent of the funds must be spent on eligible homeownership activities; a minimum of 75 percent of funds must be spent on eligible construction activities; at least 30 percent of the funds must be reserved for very-low income households (up to 50 percent of the area median income or AMI); an additional 30 percent may be reserved for low income households (up to 80 percent of AMI); and the remaining funds may be reserved for moderate-income households (up to 120 percent of AMI).

Agenda Request: Request Board Approval of a SHIP Project Change Order for a New Septic Tank and Drainfield for Ida Harrell in the Amount of $5,950. December 3, 2018 Page 2 Funding for this program was established by the passage of the 1992 William E. Sadowski Affordable Housing Act. Funds are allocated to local governments each month on a population-based formula. These funds are derived from the collection of documentary stamp tax revenues, which are deposited into the Local Government Housing Trust Fund. Total actual disbursements are dependent upon these documentary stamp collections. Analysis: The BOCC awarded bids on March 19, 2018 for three Rehabilitation houses in the Wakulla County SHIP program. One of the houses awarded was the home of Ida Harrell and the award was for $73,898, under the SHIP cap for replacement of $75,000. During construction, it was determined that the new home would require a new septic tank and drainfield. To keep costs competitive, when bids were submitted we included alternate bid items to include bid amounts for some of the more relevant items. The bid alternate price for a new septic system for this house was $5,950. As previously noted, the current award amount is $73,898. If the change order is approved, this will bring the total SHIP expenditures for this house to $79,848. The inclusion of the new septic tank and drainfield will also mean that the cost for this house will exceed the $75,000 limit. This is acceptable when authorized by the Board. Budgetary Impact: Current budget obligations amount to $270,433 for the SHIP program. This change order will increase that expenditure total to $276,383. There is a total of $38,617 remaining in FY 2016-2017 SHIP funds along with $315,000 in 2018-2019 SHIP funds left to be obligated. Options: 1. Approve the SHIP Project Change Order for a New Septic Tank and Drainfield for Ida

Harrell in the Amount of $5,950. 2. Do not approve the SHIP Project Change Order for a new septic tank and drainfield for Ida

Harrell in the amount of $5,950. 3. Board Direction. Recommendation: Option #1 Attachments: 1. Change Order Documentation




Nannette Watts, Public Works Administration Director Subject: Request Board Approval of the Interlocal Agreement Between Wakulla

County and the Wakulla County School Board Concerning Reimbursement of Certain Costs Related to Emergency Management

Statement of Issue: This agenda item requests Board approval of an Interlocal Agreement between Wakulla County and the Wakulla County School Board concerning reimbursement of certain costs related to emergency management. Background: Pursuant to Section 252.38(1)(d), Florida Statutes, during a declared state or local emergency and upon the request of the director of a local emergency management agency, the School Board shall participate in emergency management by providing facilities and the necessary personnel to staff such facilities. The School Board is presently unable to apply directly to the Florida Division of Emergency Management (DEM) or the Federal Emergency Management Agency (FEMA) for reimbursement of costs incurred in providing facilities and personnel during an emergency. Analysis: In certain circumstances, the County may be able to act as a “pass-through” entity to apply for reimbursement from DEM, FEMA, or other state or federal entities for certain costs incurred in providing facilities and personnel during an emergency on behalf of the School Board. The School Board agrees that it will permit upon request of the County, the use of mutually agreed upon public school facilities (Riversink Elementary School and/or Crawfordville Elementary School) as emergency shelters in advance of a potential emergency and during and after an emergency. Use of the public school facilities as shelters shall be in accordance with all applicable laws, County ordinances, and School Board policies. To the extent the costs and expenses incurred by the School Board in providing school facilities as emergency shelters, may be eligible for reimbursement by DEM, FEMA, or another state or federal entity to which the School Board is legally prohibited from applying for reimbursement directly, the School Board may seek reimbursement for such costs and expenses from DEM, FEMA, or other state or federal entity through the County as a pass-through entity. The County shall only be

Request Board Approval of Interlocal Agreement Between Wakulla County and the Wakulla County School Board Concerning Reimbursement of Certain Costs Related to Emergency Management December 3, 2018 Page 2 responsible for applying for reimbursement on behalf of the School Board to the extent it determines, that the costs for which reimbursement is sought are actually eligible for reimbursement and that the County is an eligible applicant. In the event the School Board seeks reimbursement through the County, the School Board shall be responsible for providing to the County all information necessary for the County to make application for reimbursement to DEM, FEMA, or other state or federal entity. Any funds received by the County pursuant to a reimbursement request shall be conveyed to the School Board within sixty days of the receipt of same. The School Board’s entitlement to funds pursuant to any reimbursement request shall be limited to the amount of funds actually awarded to the County. The County is not liable to the School Board for the difference in the event the County receives less than the full amount requested or in the event the reimbursement request is denied. In the event any funds received by the County pursuant to a reimbursement request and conveyed to the School Board are later de-obligated or rescinded by the DEM, FEMA, or other state or federal entity, the School Board shall repay to the County the full amount of such funds that were de-obligated or rescinded. This agreement shall remain in effect until terminated by both parties. The agreement may be terminated with or without cause by either party to the agreement by providing at least 180 days prior written notice to the other party, but in no event shall the agreement terminate during the period of June 1 through November 30 of each year or during any County declared state of emergency. Budgetary Impact: There is no budgetary impact associated with this Interlocal Agreement. The County will only be acting as a pass-through entity for the School Board. Options: 1. Approve the Interlocal Agreement between Wakulla County and the Wakulla County School

Board concerning reimbursement of certain costs related to emergency management. 2. Do not approve the Interlocal Agreement between Wakulla County and the Wakulla County

School Board concerning reimbursement of certain costs related to emergency management. 3. Board direction. Recommendation: Option #1 Attachment: 1. Interlocal Agreement




Somer Pell, Planning & Community Development Director Subject: Request Board Approval to Adopt a Resolution Reappointing One Member

and One Alternate Member to the Code Enforcement Board Statement of Issue: This agenda item requests Board approval to adopt a Resolution reappointing one member and one alternate member to the Code Enforcement Board. Background: The Board of County Commissioners has the responsibility to appoint members to the Code Enforcement Board, pursuant to Section 8.063 of the Wakulla County Code of Ordinances. The Code Enforcement Board shall be composed of seven members appointed by the Board who shall be residents of the County and whenever possible, consist of an architect, a business person, an engineer, a general contractor, a subcontractor, a realtor, and another citizen. The Code Enforcement Board consists of 7 regular members and 2 alternate members. Analysis: The Code Enforcement Board currently has the following two positions that are expiring:

• Jessica Johnson is currently an active, participating member and has expressed interest in retaining her position on the Code Enforcement Board.

• Deanna Baily is currently an active alternate member and has expressed an interest in

retaining her position on the Code Enforcement Board. The current term for these seats is scheduled to expire on December 31, 2018. If approved by the Board, reappointed member’s terms will begin January 1, 2019 and extend through December 31, 2021. Prior to the expiration of the respective terms, the Board may choose to reappoint the Code Enforcement Board Members.

Request Board Approval to Adopt a Resolution Reappointing One Member and One Alternate Member to the Code Enforcement Board December 3, 2018 Page 2 Options: 1. Approve to adopt a Resolution reappointing one member and one alternate member to the

Code Enforcement Board. 2. Do not approve to adopt a Resolution reappointing one member and one alternate

member to the Code Enforcement Board. 3. Board Direction. Recommendation: Option # 1. Attachment(s): 1. Resolution

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RESOLUTION NO. 2018- ________

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE CODE ENFORCEMENT BOARD FOR WAKULLA COUNTY; REAPPOINTING ONE MEMBER AND ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 162.05, Florida Statutes, authorizes the Board of County Commissioners

of Wakulla County (the “Board”) to appoint a code enforcement board to enforce any County codes or

ordinances; and

WHEREAS, the Board enacted Ordinance No. 2003-06, which provided for the creation of the

Wakulla County Code Enforcement Board (the “Code Board”), and defined the Code Board’s

purpose, powers, duties, and membership; and

WHEREAS, Section 162.05, Florida Statutes, and Section 2.166, Wakulla County Code of

Ordinances, require that vacancies on the Code Board be filled by the Board; and

WHEREAS, the Board now desires to reappoint one regular member and one alternate

member selected by the Board to retain their seats for a three-year term ending December 31, 2021;

NOW, THEREFORE, be it resolved by the Board of County Commissioners of Wakulla

County, Florida, that:

SECTION 1. RECITALS. The above recitals are true and correct and are hereby incorporated

herein by reference.

SECTION 2. The Commission hereby appoints the following members to the Code Board to fill

the seats for the following respective term:

Term: January 1, 2019 – December 31, 2021 Jessica Johnson (Regular Member)

Term: January 1, 2019 – December 31, 2021 Deanne Bailey (Alternate Member)

SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

DONE AND ADOPTED in Wakulla County, Florida, this ____ day of December, 2018.

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BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA

___________________________________ CHARLES HESS, Ph.D., Chairman

ATTEST: _________________________________ BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM: __________________________________ Heather Encinosa, Esq. County Attorney




Somer Pell, Planning & Community Development Director Subject: Request Board Approval to Adopt a Resolution Appointing Members to the

Planning Commission and Appointing a Planning Commission Chairman Statement of Issue: This agenda item requests Board approval to adopt a Resolution appointing members to the Planning Commission and appointing a Planning Commission Chairman. Background: The Commission enacted Ordinance No. 1973-8 and Ordinance No. 2012-12, which provided for the creation of the Wakulla County Planning Commission and defined the Planning Commission’s functions, powers, duties, and membership. Section 24.053(1), Wakulla County Code of Ordinances, requires that the Board of County Commissioners appoint one regular member and one alternate member to serve on the Planning Commission to follow each Commissioners respective term of the departing. Additionally, two voting members are nominated by the Planning Director for the Member-at-Large seats. The final two voting members are appointed by the incorporated Cities of St. Marks and Sopchoppy. The non-voting member is a representative from the School Board. The Board is also responsible for appointing a Planning Commission Member as the Chairman of the Planning Commission. Analysis: Currently the terms for the Planning Commission members previously selected by the Board for District 2, District 4, and Member-at-Large are scheduled to expire on December 31, 2018. This item requests approval to appoint one member and one alternate member to fill these seats for four-year terms beginning January 1, 2019 and ending December 31, 2022. Additionally, Commissioner Mike Stewart’s primary member recently resigned. This item is also requesting approval to appoint a member for District 3 to fill the seat for the remainder of that Planning Commission member’s four-year term beginning immediately and ending December 31, 2020.

Request Board Approval to Adopt a Resolution Appointing Members to the Planning Commission and Appointing a Planning Commission Chairman December 3, 2018 Page 2 The recommended members are listed as follows:

• Commissioner Randy Merritt selected Andrew Riddle to represent District 2 as a primary member and Billy Pigott as the alternate member.

• Commissioner Quincee Messersmith selected Mark Mitchell to represent District 4 as a primary member. An alternate member to serve this position will be determined at a later date.

• The Planning Director has selected to reappoint Mike Falk, Jr. as one Member-at-Large seat for a four-year term.

• Commissioner Stewart has selected Donnie Battle as the new primary member to represent District 3.

Lastly, the Board must collectively decide who to appoint as Chairman of the Planning Commission for the 2019 year. The current member for this seat is Mike Falk, Jr. Mr. Falk currently holds one of two Member at Large seats on the Planning Commission and has served as Chairman of the Planning Commission since 2002. Budgetary Impact: None. Options: 1. Approve to Adopt the Resolution appointing Planning Commission Members and appoint

Mike Falk, Jr. as the Planning Commission Chairman. 2. Do not approve to adopt the Resolution appointing Planning Commission Members and

do not appoint Mike Falk, Jr. as the Planning Commission Chairman. 3. Board Direction. Recommendation: Option # 1. Attachment(s): 1. Resolution

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RESOLUTION NO.________

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE PLANNING COMMISSION FOR WAKULLA COUNTY; APPOINTING MEMBERS TO THE PLANNING COMMISSION; APPOINTING A PLANNING COMMISSION CHARIMAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, authorizes the Board of County Commissioners of

Wakulla County (the “Commission”) to appoint a planning commission to act as the local planning

agency; and

WHEREAS, the Commission enacted Ordinance No. 1973-8 and Ordinance No. 2012-12,

which provided for the creation of the Wakulla County Planning Commission and defined the Planning

Commission’s functions, powers, duties, and membership; and

WHEREAS, Section 24.053(1), Wakulla County Code of Ordinances, requires that the Board

of County Commissioners appoint one regular member and one alternate member to serve on the

Planning Commission to follow each Commissioners respective term of the departing; and

WHEREAS, Section 24.054, Wakulla County Code of Ordinances, requires that the Board of

County Commissioners appoint one member to serve as the Planning Commission Chairman; and

WHEREAS, the Commission now desires to appoint one member and one alternate member

for District 2, District 4, a member for District 3, a Member-at-Large and to appoint a Chairman of the

Planning Commission.

WHEREAS, the terms for the Planning Commissioner members previously selected by the

County Commissioners for District 2, District 4 and Member-at-Large are scheduled to expire on

December 31, 2018; and

WHEREAS, the Commission now desires to appoint members selected by the County

Commissioners for District 2 and District 4 and selected by the Planning Director to fill the seats for

those Planning Commission members for four-year terms beginning January 1, 2019 and ending

December 31, 2022.

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WHEREAS, the Commission now desires to appoint members selected by the County

Commissioners for District 3 to fill the seat for the remainder of that Planning Commission members

four-year term beginning immediately and ending December 31, 2020.

NOW, THEREFORE, be it resolved by the Board of County Commissioners of Wakulla

County, Florida, that:

SECTION 1. RECITALS. The above recitals are true and correct and are hereby incorporated

herein by reference.

SECTION 2. APPOINTMENT OF PLANNING COMMISSION MEM BERS. The Board hereby

appoints the following members to the Planning Commission, selected by the County Commissioners

for District 2 and District 4, for a four-year term beginning January 1, 2019, and ending December 31,

2022:

District 2: Andrew Riddle (Member) Billy Pigott (Alternate Member)

District 4: Mark Mitchell (Member)

Member-at-Large: Mike Falk, Jr.

SECTION 3. APPOINTMENT OF PLANNING COMMISSION MEM BERS. The Board hereby

appoints the following member to the Planning Commission, selected by the County Commissioners

for District 3 to fill the seat for the remainder of that Planning Commission members four-year term

beginning immediately and ending December 31, 2020.

District 3: Donnie Battle (Member)

SECTION 4. APPOINTMENT OF PLANNING COMMISSION CHAIRMAN. The Board hereby

appoints the following member to serve as the Planning Commission Chairman, for a one-year term

beginning January 1, 2019, and ending December 31, 2019:

Chairman: Mike Falk, Jr.

SECTION 5. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

DONE AND ADOPTED in Wakulla County, Florida, this ____ day of December 2018.

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BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA

____________________________________ Charles Hess, Ph.D., Chairman

ATTEST: ___________________________________ BRENT X. THURMOND, Ex Officio Clerk to the Board APPROVED AS TO FORM: ___________________________________ Heather Encinosa, Esq. County Attorney


Date of Meeting: December 3, 2018

Date Submitted: November 26, 2018

To: Honorable Chairman and Members of the Board

From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner

Subject: Request Board Approval of a Letter of Support to the Sustainability Institute of Florida A&M University Applying for a Thriving Communities Grant From the National Academies of Science Engineering and Medicine: Gulf Research Program

Statement of Issue: This agenda item requests Board approval of a Letter of Support to the Sustainability Institute of Florida A&M University (FAMU) applying for a Thriving Communities Grant from the National Academies of Science Engineering and Medicine: Gulf Research Program. Background: On November 16, 2018, FAMU staff contacted the Planning and Community Development Department regarding a National Academies of Science Engineering and Medicine: Gulf Research Program grant. FAMU indicated that they were planning to submit a grant request for financial assistance to perform a community based disaster resilience planning project for socially vulnerable neighborhoods in Leon, Gadsden, Wakulla, and Bay counties. The goal of this work is to improve the resilience of these neighborhoods to climate hazards and it is anticipated that between one to two million dollars will be requested to complete the grant work. FAMU provided additional information on the project to provide additional details on the grant and their program (Attachment 1). Analysis: FAMU staff has requested a Letter of Support from Wakulla County to go along with their grant application submittal. They have prepared a draft Letter of Support for the Board’s consideration and approval. FAMU’s grant application will be submitted on December 5, 2018. Budgetary Impact: None. Options: 1. Approve the Letter of Support to the Sustainability Institute of Florida A&M University

(FAMU) applying for a Thriving Communities Grant from the National Academies of Science Engineering and Medicine: Gulf Research Program.

2. Do not approve the Letter of Support to the Sustainability Institute of Florida A&M University (FAMU) applying for a Thriving Communities Grant from the National Academies of Science Engineering and Medicine: Gulf Research Program.

3. Board Direction.

Request Board Approval of a Letter of Support to the Sustainability Institute of Florida A&M University Applying for a Thriving Communities Grant From the National Academies of Science Engineering and Medicine: Gulf Research Program December 3, 2018 Page 2 Recommendation: Option #1 Attachment(s): 1. FAMU Background Information 2. Letter of Support




Brandy King, Director, Fiscal Operations Subject: Request Board Approval of Amendment No. 1 to the Pigott Asphalt and

Sitework, LLC Construction Agreement for the Trice Lane Turn Lane in the Amount of $219,120.00

Statement of Issue: This agenda item requests Board approval of Amendment No. 1 to the Pigott Asphalt and Sitework, LLC (PAS) Construction Agreement for the Trice Lane Turn Lane in the amount of $219,120.00. Background: On May 21, 2018, PAS and Wakulla County entered into a Construction Agreement for the construction of a turn lane and signalization at the intersection of Trice Lane and Shadeville Highway. PAS is also the subcontractor that will be performing the paving at the Fire and EMS Station currently under construction north of the Public Works Facility. The area around the Public Works Facility is currently a mostly unpaved surface with poor drainage for water runoff. The parking lot area that is paved was constructed over 30 years ago and has not been resurfaced since its construction. Analysis: With PAS already under contract and mobilized in the area for the paving of the Fire and EMS Station, staff determined it to be more cost efficient and effective to amend and increase their current agreement to include the paving of the Public Works Facility rather than issuing an Invitation to Bid. Staff has also reached out to Advon Corporation, the contractor for the Fire and EMS Station, to confirm the unit prices quoted to the County for the Public Works Facility paving are consistent with the pricing PAS provided for the Fire and EMS Station paving. It should be noted that PAS submitted the bid for the Fire and EMS Station paving over one year ago but have agreed to honor the unit prices from that bid even though construction material costs have increased over the same period. Staff are therefore requesting approval of Amendment No. 1 (Attachment #1) to the PAS Construction Agreement to include paving at the Public Works Facility.

Request Board Approval of Amendment No. 1 to the Pigott Asphalt and Sitework, LLC Construction Agreement for the Trice Lane Turn Lane in the Amount of $219,120.00 December 3, 2018 Page 2 Budgetary Impact: The total cost of Amendment No. 1 is $219,120.00 and will be allocated from the One Cent Sales Tax Facility Fund. Options: 1. Approve Amendment No. 1 to the Pigott Asphalt and Sitework, LLC Construction

Agreement for the Trice Lane Turn Lane in the Amount of $219,120.00. 2. Do Not Approve Amendment No. 1 to the Pigott Asphalt and Sitework, LLC

Construction Agreement for the Trice Lane Turn Lane in the Amount of $219,120.00. 3. Board Direction. Recommendation: Option #1 Attachments: 1. Amendment No. 1

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AMENDMENT NO. 1 CONSTRUCTION AGREEMENT FOR TRICE LANE TURN LANE

THIS AMENDMENT to that certain Contract For Construction Services, let pursuant to County Invitation to Bid No. 2018-11 (hereinafter referred to as the “Original Contract”) is made and entered into this _____ day of ____________, 2018, by and between the BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, a political subdivision of the State of Florida, located at 3903 Crawfordville Highway, Florida 32327 (hereinafter referred to as “County”) and PIGOTT ASPHALT & SITEWORK, LLC whose address is P.O. BOX , CRAWFORDVILLE, FLORIDA 32326 (hereinafter referred to as “Contractor”).

RECITALS WHEREAS, the County and the Contractor entered into the Original Contract on or about May 21, 2018 to provide construction services for the construction of a turn lane locate at the intersection of Trice Lane and Shadeville Highway; and WHEREAS, in accordance with the ITB 2018-11, Section 3, the Original Contract Amount shall be for $150,955.00; and WHEREAS, in accordance with ITB 2018-11and Section 17 of the Original Contract, the County shall have the right at any time during the progress of the Work to increase or decrease the Work; and WHEREAS, the County has the need for certain additional construction services; and WHEREAS, it is the County’s intent to amend the Original Contract Invitation to Bid 2018-11 for Construction Services to include paving the Public Works Facility; and WHEREAS, the parties hereby mutually agree to amend the Original Scope of Services in the Contract to include paving the Public Works Facility in the amount of $219,120.00; NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration contained herein, the parties hereby mutually agree as follows:

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SECTION 1. Scope of Services, Section 2 of the Original Contract. The Contractor and the County hereby agree to amend the Scope of Services to include paving the Public Works Facility. SECTION 2. Contract Amount, Section 3 of the Original Contract. The Contractor and the County hereby agree to increase the amount of the Original Contract from $150,955.00 to $370,075.00, unless earlier terminated by the County in accordance with Section 23 of the Original Agreement. SECTION 2. Miscellaneous.

A. This Amendment is solely for the benefit of the parties and no right or cause of action shall accrue to or for the benefit of any third party that is not a formal party hereto. Nothing in this Amendment, express or implied, is intended or shall be construed to confer upon or give any person or corporation other than the parties any right, remedy, or claim under or by reason of this Amendment or any provisions or conditions of it; and all of the provisions, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties.

B. The validity, construction, and performance of this Amendment shall be

governed by the laws of the State of Florida.

C. If any portion of the Amendment, the deletion of which would not adversely affect the receipt of any material benefit by either party, is for any reason held or declared to be invalid or unenforceable, such determination shall not affect the remaining portions of this Amendment. If this Amendment or any portion of this Amendment is held or declared to be inapplicable to any person, property or circumstance, such determination shall not affect its applicability to any other person, property or circumstance.

D. This Amendment shall become effective when it is last approved and

executed by the parties. E. All other provisions of the Original Contract not amended herein shall

remain in full force and effect. F. The Contractor shall be required to cooperate with the County and other

Contractors relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the County for its use and/or distribution as may be deemed appropriate by the County. Contractor is not liable for any damages, injury or costs associated with the County use or distribution of these documents for purposes

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other than those originally intended by Contractor. Contractor shall comply with public records laws embodied in chapter 119, Florida Statutes, and specifically shall:

1. Keep and maintain public records required by the County in order to

perform the Scope of Services identified in the agreement. 2. Upon request from the County provide the County with any requested

public records or allow the requested records to be inspected or copied within a reasonable time by the County.

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 Agreement term and thereafter if the Contractor does not transfer all records to the County.

4. Transfer, at no cost, to County all public records in possession of the

Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. If the Contractor keeps and maintains public records upon the conclusion of this Agreement, the Contractor shall meet all applicable requirements for retaining public records that would apply to the County.

5. If Contractor does not comply with a public records request, the

County shall treat that omission as breach of this Agreement and enforce the contract provisions accordingly. Additionally, if the Contractor fails to provide records when requested, the Contractor may be subject to penalties under section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees.

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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-926-0919, [email protected], P.O. Box 1263, Crawfordville, FL 32327

mailto:[email protected]

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IN WITNESS WHEREOF, the parties have set their hands and seals this ____ day of ______________________, 2018. ATTEST: WAKULLA County, FLORIDA ________________________ By___________________________ Brent X. Thurmond Ralph Thomas Clerk Chairman Approved as to form: Date: _________________________ ________________________ Heather J. Encinosa County Attorney

PEAVY & SON CONSTRUCTION Co. INC.

Signed, sealed and delivered By: __________________________ in the presence of: Signature ________________________ ______________________________ Signature Printed Name _______________________________ ________________________ Date Print Name ________________________ Signature ________________________ Print Name





Subject: Request Board Approval to Accept and Award ITB No. 2018-26 Otter Creek

Rise Bridge 594049 Repair to North Florida Asphalt, Inc. and Approval of the Construction Agreement

Statement of Issue: This agenda item requests Board approval to accept and award ITB No. 2018-26 Otter Creek Rise Bridge 594049 Repair to North Florida Asphalt, Inc. (the “Contractor”) and approval of the Construction Agreement (Attachment 1). Background: On October 10, 2018, Otter Creek Rise Bridge 594049 in Wakulla County sustained damage from Hurricane Michael. On November 8, 2018, staff released ITB 2018-26 Otter Creek Rise Bridge 594049 Repair. The scope of this project consists of backfilling a void beneath the West approach slab, roadway milling and paving, relocation of an existing sewer forcemain and inspection of the East approach slab. An advertisement was placed in the Tallahassee Democrat on November 8, 2018, along with posting on the Wakulla County website. In addition, all vendors listed on the County’s Active Vendor List, were notified via e-mail. Proposals were received until 3:00 PM on November 26, 2018. Six (6) bids were received on November 26, 2018 at 3:00 PM from responsive, responsible bidders and were opened by Brandy King, Fiscal Operations Director. Analysis: Six (6) proposals were received in response to ITB No. 2018-26. The six (6) proposals with their base bids are:

• Pigott Asphalt and Sitework $107,940.00 • North Florida Asphalt, Inc. $79,575.00 • Hydra Engineering & Construction, LLC $114,253.00 • E & D Coatings, Inc. $134,700.00

Request Board Approval to Accept and Award ITB No. 2018-26 Otter Creek Rise Bridge 594049 Repair to North Florida Asphalt, Inc. and Approval of the Construction Agreement December 3, 2018 Page 2

• Peavy and Son Construction Co, Inc. $84,750.00 • Capital Asphalt, Inc. $136,125.00

Staff is recommending approval to accept and award ITB No. 2018-26 to North Florida Asphalt, Inc. for services to begin as soon as possible. Once approved by the Board, staff will issue a Notice to Proceed. The work shall be fully completed and ready for final acceptance by the County within 20 calendar days from the Commencement Date which is established within the Notice to Proceed. Budgetary Impact: This project was procured in accordance with federal procurement standards with the intent to seek reimbursement from FEMA for the repair costs. If approved for reimbursement by FEMA, the County will be reimbursed 75% of the costs for an amount of $59,681.25 and the balance will be paid from the One Cent Sales Tax Road Fund. If denied by FEMA, the entire cost of $79,575.00 will be paid from the One Cent Sales Tax Road Fund. Options: 1. Approve to accept and award ITB No. 2018-26 Otter Creek Rise Bridge 594049 Repair to

North Florida Asphalt, Inc. and approval the Construction Agreement. 2. Do not approve to accept and award ITB No. 2018-26 Otter Creek Rise Bridge 594049

Repair to North Florida Asphalt, Inc. and do not approve the Construction Agreement. Board direction.

Recommendation: Option #1. Attachment(s): 1. Detailed Bid Sheet 2. Construction Agreement

ITEM DESCRIPTION QTY ITEM UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION

GENERAL COSTS

1.01 Mobilization 1 LS $5,000.00 $5,000.00 $8,000.00 $8,000.00 $8,500.00 $8,500.00 $5,944.00 $5,944.00 $9,230.00 $9,230.00 $30,000.00 $30,000.001.02 Bonds & Insurance 1 LS $1,500.00 $1,500.00 $8,000.00 $8,000.00 $2,500.00 $2,500.00 $3,950.00 $3,950.00 $11,538.00 $11,538.00 $1,500.00 $1,500.001.03 Maintenance of Traffic 1 LS $2,000.00 $2,000.00 $8,000.00 $8,000.00 $3,900.00 $3,900.00 $10,626.00 $10,626.00 $11,000.00 $11,000.00 $5,000.00 $5,000.001.04 Flowable Fill 260 CY $175.00 $45,500.00 $153.00 $39,780.00 $229.00 $59,540.00 $174.93 $45,481.80 $230.00 $59,800.00 $200.00 $52,000.001.05 Core Drilling 6 EA $800.00 $4,800.00 $300.00 $1,800.00 $500.00 $3,000.00 $708.33 $4,249.98 $650.00 $3,900.00 $750.00 $4,500.001.06 Milling (2" Average Depth) 325 SY $15.00 $4,875.00 $10.00 $3,250.00 $20.00 $6,500.00 $47.82 $15,541.50 $22.50 $7,312.50 $45.00 $14,625.001.07 Forcemain Relocation 40 LF $150.00 $6,000.00 $200.00 $8,000.00 $300.00 $12,000.00 $81.93 $3,277.20 $384.00 $15,360.00 $375.00 $15,000.001.08 Asphalt Paving 60 TN $165.00 $9,900.00 $132.00 $7,920.00 $200.00 $12,000.00 $419.72 $25,183.20 $276.00 $16,560.00 $225.00 $13,500.00

$79,575.00 $84,750.00 $107,940.00 $114,253.68 $134,700.50 $136,125.00

PIGOTT ASPHALT CAPITAL ASPHALT

Wakulla County

Otter Creek Rise Bridge Repair

ITB # 2018-26

Bid Date: November 26, 2018

TOTAL BASE BID

NORTH FL ASPHALT PEAVY & SON CONST. E & D CONTRACTINGHYDRA ENGINEERING

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CONSTRUCTION AGREEMENT

WAKULLA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, situated at 3093 Crawfordville Highway, Crawfordville, Florida 32327 (the "County"), hereby contracts with North Florida Asphalt, Inc. (the "Contractor") of 2908 Plant Street, Tallahassee, FL 32304 a contractor licensed to perform all work in the State of Florida in connection with the County's Project No. ITB 2018-26 (the "Project"), as said work is set forth in the Plans and Specifications prepared by Dewberry Engineers, Inc., the Architect of Record (the "Design Professional") and other Contract Documents hereafter specified (the "Work"). The County and the Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 37 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid response and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, Work Authorizations and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. The Design Professional is the initial interpreter of the Contract Documents but is not the judge between the County and the Contractor. The County reserves the right to make final decisions considering the Design Professional’s recommendations or interpretations of the Contract Documents. The Design Professional does not have authority to obligate or commit the County to fund additional expenditures or approve extensions of time over the approved Contract Time or Amount. However, the Design Professional’s interpretation as to the intent of his design shall be final and not subject to interpretation by the County’s staff. C. Any Work that may be reasonably inferred from the specifications as being required to produce the intended result shall be supplied whether or not it is specifically called for. In case of any inconsistency or conflict among the provisions of the Agreement and any other terms and conditions of any documents comprising the Contract Documents, the provisions of the Agreement shall control. Concerning the Contract Documents, the order of precedence shall be as follows: (1) Change Orders; (2) the Agreement, including amendments and Exhibits; (3) Field Orders; (4) the solicitation documents, including any addenda. The Contract Documents listed above represent the entire and integrated Agreement between the parties hereto, and supersede prior negotiations, representations, or agreements, either written or oral. D. Work, materials or equipment described in words which have a well-known technical or trade meaning, shall be deemed to refer to such recognized standards.

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E. The County shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. F. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the County.

G. Construction services provided by Contractor for the Project shall be under the general direction of _____________, or their successor, who shall act as the County's representative during the term of this Agreement. If the County’s representative is not a County employee, then County’s representative is not authorized to issue changes to the Contract Amount, Contract Time, or Scope of Work without express approval by the Department Director, County Administrator, or Board of County Commissioners.

H. The County’s representative, within the authority conferred by the Board of County

Commissioners, shall initiate written Change Orders, and notification to the Contractor of any and all changes approved by the County in the Contractor’s: (1) compensation; (2) time and/or schedule of service delivery; (3) and any amendment (s) or other change(s) relative to the Work pursuant to this Contract or Change Orders pertaining thereto. Following County approval, the County’s representative shall coordinate issuance of any such documents. The County’s representative shall be responsible for acting on the County’s behalf to administer, coordinate, interpret and otherwise manage the contractual provisions and requirements set forth in this Contract or any amendments, or Change Orders issued hereunder.

I. Neither the Contractor nor any Subcontractor, Supplier, or other person or

organization performing or furnishing any of the Work under a direct or indirect contract with the County shall have or acquire any title to or ownership rights to any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Design Professional; and they shall not reuse any of them on extensions of the Project or any other project without written consent of the County or their Design Professional and the specific written verification or adaptation by the Design Professional. Section 2. Scope of Work. A. The Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, transportation, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by this Agreement.

B. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricator or processors except as otherwise provided in the Contract Documents. Section 3. Contract Amount.

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A. In consideration of the faithful performance by the Contractor of the covenants in this Agreement to the full satisfaction and acceptance of the County, the County agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: $79,575.00 or in WORDS seventy nine thousand, five hundred and seventy five dollars.

Item Quantity Units Unit Price Cost 1.01 Mobilization 1 LS 5,000.00 5,000.00 1.02 Bonds & Insurance 1 LS 1,500.00 1,500.00 1.03 Maintenance of Traffic 1 LS 2,000.00 2,000.00 1.04 Flowable Fill 260 CY 175.00 45,500.00 1.05 Core Drilling 6 EA 800.00 4,800.00 1.06 Milling (2” Avg Depth) 325 SY 15.00 4,875.00 1.07 Forcemain Relocation 40 LF 150.00 6,000.00 1.08 Asphalt Paving 60 TN 165.00 9,900.00 Total 79,575.00

B. If the Contract Amount includes an Allowance, the Contractor shall cause the Work covered by the Allowance to be done for such sums within the limits of the Allowance as the County may approve. The Contractor agrees that the Contract Amount includes such sums as they deem proper for costs and any profit on account of any Allowances. No demands for an additional sum for overhead or profit will be allowed.

C. Any agreed upon changes to the Contract Amount must be accomplished by an approved, written Change Order in the form attached to this Agreement. Section 4. Bonds. A. The Contractor shall provide Performance and Payment Bonds, in the form prescribed in the Exhibits to the Agreement, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. If the Contract is increased by a Change Order, it shall be the Contractor’s responsibility to ensure that the Performance and Payment Bonds are amended accordingly, and a copy of the amendment forwarded to the County. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval.

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Section 5. Contract Time and Liquidated Damages A. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" is established in the Notice to Proceed to be issued by the County. Written Notice to Proceed is contingent upon and will be done subsequent to the Contractor fully satisfying the County’s stated insurance and Bond submittal requirements. The Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by the Contractor prior to the Commencement Date shall be at the sole risk of the Contractor. The Work shall be substantially completed within 15 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 20 calendar days from the Commencement Date (herein "Contract Time"). B. The County and the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should the Contractor fail to substantially complete the Work within the time period noted above, the County shall be entitled to assess, as liquidated damages, but not as a penalty, $500.00 for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Design Professional issues a Substantial Completion Certificate pursuant to the terms hereof. The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if the Contractor fails to substantially complete the Work in a timely manner.

C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. All days shall mean calendar day and not business day. Section 6. Intent of Contract Documents A. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or

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association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. B. If before or during the performance of the Work, Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Design Professional in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Design Professional. If required, a Field Order or Change Order will be issued pursuant to Section 16 of this Agreement. If the Contractor performs any Construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Design Professional and County, the Contractor shall assume responsibility for such performance and shall share in costs associated with any corrections. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. C. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Design Professional. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. Section 7. Investigation and Utilities A. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water, sewer, and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities

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and utilities (surface and subsurface) being referred to in this Sub-Section 7.B. as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior to the proposed Work. The County shall have the final decision with respect to whether the relocation or shutdown is required and when the relocation or shutdown of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilities. Section 8. Schedule A. The Contractor, within five (5) calendar days after receipt of a Notice of Award, shall prepare and submit to the County and Design Professional, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. B. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the County's and Design Professional's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The County's and the Design Professional's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the County's obligation to pay Contractor. Section 9. Progress Payments A. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the County and the Design Professional, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the County and Design Professional, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Design Professional along with a completed and notarized copy of the Application for Payment form. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Schedule of Values. B. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the County and the Design Professional a complete list of all its proposed subcontractors and materialmen, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date.

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C. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the County in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the County has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the County's interest therein, all of which shall be subject to the County's satisfaction.

D. Contractor shall submit one (1) copy of its monthly Application for Payment to the Design Professional on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the Design Professional shall either:

D.1 indicate his approval of the requested payment;

D.2 indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or

D.3 return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment and the action necessary to make the payment request proper.

In the event of a total denial and return of the Application for Payment by the Design Professional, the Contractor may make the necessary corrections and resubmit the Application for Payment. The County shall, within thirty (30) calendar days after County approval of an Application for Payment, pay the Contractor the amounts so approved. Provided, however, in no event shall the County be obligated to pay any amount greater than that portion of the Application for Payment approved by the Design Professional. E. The County shall initially retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Design Professional for payment, whichever is less. After 50% of the services are completed, the County will reduce the retainage to five percent (5%) of each subsequent progress payment. Such sums shall be accumulated and released to Contractor with final payment. For purposes of determining 50% completion, stored material and general job costs such as mobilization, bonds, insurance, field office costs and like costs shall be excluded. Additionally, for purposes of this determination, each major discipline (electrical and instrumentation, structural, and mechanical) must independently achieve 50% completion in order for the project services to be deemed 50% complete. F. Monthly payments to Contractor shall in no way imply or constitute approval or acceptance of Contractor's work.

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G. Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached to this Agreement, showing that all materials, labor, equipment and other bills associated with that portion of the Work for which payment is being requested have been paid in full. The County shall not be required to make payment until and unless these affidavits are furnished by the Contractor. H. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for the County's and the Design Professional's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by the County to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Section 10. Payments Withheld A. The Design Professional or the County may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The Design Professional or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of:

A.1 Defective Work not remedied; A.2 Third party claims filed or reasonable evidence indicating probable filing of such claims; A.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; A.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; A.5 Reasonable indication that the Work will not be completed within the Contract Time;

A.6 Unsatisfactory prosecution of the Work by the Contractor;

A.7 Failure to provide accurate and current "As-Builts"; or

A.8 Any other material breach of the Contract Documents. B. If these conditions in Subsection 10.A are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also

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may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other agreement between Contractor and the County. Section 11. Final Payment A. The County shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by both the County and the Design Professional in accordance with Section 25.A. herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished the County with a properly executed and notarized copy of the Release and Affidavit, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the County. B. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against the County arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by the County shall be deemed to be a waiver of the County's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or the County at the time of final inspection. Section 12. Submittals and Substitutions A. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as a schedule of values, safety manual, shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. B. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the County if sufficient information is submitted by Contractor to allow the County to determine that the material or equipment proposed is equivalent or better than to that named. Requests for review of substitute items of material and equipment will not be accepted by the County from anyone other than Contractor and all such requests must be submitted by Contractor to Design Professional within thirty (30) calendar days after Notice of Award is received by Contractor. C. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Design Professional for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed

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substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the County for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result, directly or indirectly, from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Design Professional in evaluating the proposed substitute. The Design Professional may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. D. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Design Professional, if Contractor submits sufficient information to allow the Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Design Professional shall be the same as those provided herein for substitute materials and equipment. E. The Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. The Design Professional shall be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Design Professional's and the County's prior written acceptance which shall be evidenced by either a Change Order or an approved Shop Drawing. The County may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Design Professional will record time required by the Design Professional and the Design Professional's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the County accepts a proposed substitute, Contractor shall reimburse the County for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute, or such charges may be deducted from an application for payment, at the County’s sole discretion. Section 13. Daily Reports, As-Builts and Meetings A. Unless waived in writing by the County, Contractor shall complete and submit to Design Professional on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Design Professional and the County. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following:

A.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; A.2. Soil conditions which adversely affect the Work;

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A.3. The hours of operation by Contractor's and subcontractor's personnel; A.4. The number of Contractor's and subcontractor's personnel present and working at the Project site, by subcontract and trade; A5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); A.6. Description of Work being performed at the Project site; A.7. Any unusual or special occurrences at the Project site; A.8. Materials received at the Project site; A.9. A list of all visitors to the Project site; and A.10. Any problems that might impact either the cost or quality of the Work or the time of performance.

The daily log shall not constitute nor take the place of any notice required to be given by Contractor to the County or Design Professional pursuant to the Contract Documents. B. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to Design Professional for reference. Current and accurate “As-Built” record documents shall be submitted with each Application for Payment. Failure to provide current and accurate “As-Built” record drawings shall be reason for rejecting the Application for Payment. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Design Professional by Contractor for the County.

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C. The Contractor shall submit to the Design Professional one complete set of all recorded changes made during Construction entitled "As-Built” and dated. Submittals shall be made in accordance with the above and shall be submitted at the time of Substantial Completion. D. Certified “as-built” information, which the Contractor must show on marked-up copies of the design drawings, prints, and other materials as specified above, shall include both authorized and unauthorized changes and any modifications to material types from that specified in the bid plans and Specifications. As a prerequisite to any payments, the Contractor shall make available to the Design Professional all “as-built” information pertinent to the design drawings each month prior to his submission of a monthly application for payment. The Contractor shall also obtain “as-built” cross-sections of the roadway, ditches, channels, and other drainage ways as shown in the Contract Documents at intervals not to exceed 100 ft. The Contractor shall set benchmarks on or within 100 ft. of each control structure constructed as part of the Project. A complete description including elevation and location of each control structure benchmark shall be provided to the Design Professional as part of the “as-built” information. The elevation shall be clearly and permanently indicated on each benchmark. E. “As-built” dimensions and elevations shall be obtained by a Professional Land Surveyor registered in the State of Florida pursuant to Chapter 472, Florida Statutes. The “as-built” drawings shall be signed and sealed by the Contractor’s Professional Land Surveyor in accordance with Section 472.025, Florida Statutes. F. All pertinent surveyors’ field survey notes containing the “as-built” data shall be sealed and submitted to the Design Professional for review and acceptance prior to authorization of the final payment. G. “As-built” data shall be secured, and the accuracy of measurements shall be 0.01 ft. H. All sub-surface improvements considered part of the Work as shown in the Contract Documents shall be “as-built” by the Contractor prior to backfilling. Section 14. Contract Time and Extensions A. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of the County's suppliers and contractors as set forth in Section 17.B. herein. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the County in writing within forty-eight (48) hours after the commencement of such delay,

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stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which the County may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from the County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against the County will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Section 15. Changes in the Work A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement as Exhibit H, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 16 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise have had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five

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percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor. Section 16. Claims and Disputes A. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between the County and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. B. Claims by the Contractor shall be made in writing to the County and Design Professional within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the County and Design Professional within fifteen (15) calendar days after the occurrence of the event, unless the County grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All claims shall be priced in accordance with the provisions of Subsection 15.D. C. Any dispute, action or proceeding arising out of or related to this Agreement shall be exclusively commenced in the state courts of Wakulla County, Florida, or where proper subject matter jurisdiction exists, in the United States District Court for the Northern District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens. E. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. F. The Contractor shall proceed diligently with its performance as directed by the County, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the County in writing. The County shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. Section 17. Other Work

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A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to the County and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. B. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County, if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Design Professional and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or the COUNTY), Contractor shall inspect and promptly report to Design Professional in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. Section 18. Indemnification and Insurance A. Contractor agrees to hold harmless, indemnify, and defend or, at the option of the County, pay the cost of defense, the County and its representative from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the Work done by Contractor under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted by Contractor or resulting from the use by Contractor, or by any one for whom Contractor is legally liable, of any materials, tools, machinery or other property of the County. This provision is intended to apply even if the injury or damage is caused in whole or in part by any act, omission or default of the County or Design Professional or their consultants, agents, officers and employees. The County and Contractor agree the first $100.00 of the Contract Amount paid by the County to Contractor

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shall be given as separate consideration for this indemnification, and any other indemnification of the County by Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's execution of the Agreement. The Contractor's obligation under this provision shall not be limited in any way by the agreed upon Contract Amount as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection. B. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance Requirements attached to this Agreement as Exhibit F. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies which are registered with the State of Florida. Within fifteen (15) calendar days after Notice of Award is received by Contractor, Contractor shall provide the County with properly executed Certificates of Insurance to evidence Contractor's compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by the County. The Certificates of Insurance shall be personally, manually signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, with proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to the County, on a timely basis, when requested by the County. C. The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given the County of any cancellation, intent not to renew, or reduction in the policies or coverages, except in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. D. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County applicable to this Project. The acceptance by the County of any Certificate of Insurance does not constitute approval or agreement by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No work shall commence at the Project site unless and until the required Certificates of Insurance are received by the County. E. The Contractor will be fully responsible for all acts and omissions of his subcontractors and of persons directly or indirectly employed by them and of persons for whose acts they may be liable to the same extent that they are employed by him. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and the County. The County may, upon request, furnish to any subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done.

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F. Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in the Insurance Requirements attached to this Agreement, unless such insurance requirements for the subcontractor is expressly waived in writing by the County. All liability insurance policies, other than professional liability, worker's compensation, employer's liability and business auto liability policies, obtained by Contractor to meet the requirements of the Contract Documents shall name the County and Design Professional as additional insureds and shall contain severability of interest provisions. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and, if requested by the County, certified, true copies of the renewal policies, shall be furnished by Contractor within thirty (30) days prior to the date of expiration. G. Should at any time the Contractor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. H. Contractor shall submit to Design Professional a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by Contractor under the Contract Documents. I. The United States government is not a party to this Agreement and shall not be subject to any obligations or liabilities created by or arising from this Agreement. The United States government expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or the Award, or any other losses resulting in any way from the performance of this Agreement or the Award. This Agreement does not in any way constitute an agency relationship between the United States and the Contractor. The Contractor shall include the preceding paragraph is every subcontract entered into pursuant to this Agreement. Section 19. Compliance with Laws A. Contractor must comply, at its own expense, and require each of its subcontractors employed in the completion of the Project to comply with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety, and the following non-exclusive list of federal regulations and requirements, which are incorporated herein by reference:

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A.1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, Subparts A through F, and any Treasury regulations incorporating these requirements;

A.2. Treasury’s RESTORE Act regulations, 31 C.F.R. Part 34; A.3. Governmentwide Debarment and Suspension, 31 C.F.R. Part 19; A.4. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20; A.5. New Restrictions on Lobbying, 31 C.F.R. Part 21; A.6. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170; A.7. Award Term related to Trafficking in Persons, 2 C.F.R. Part 175; and A.8. Federal Fair Labor Standards Act, 29 CFR part 201). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County and Design Professional in writing. B. The Contractor must comply and require each of its subcontractors employed in the completion of the Project to comply with all federal statutes, federal regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, RESTORE Act Financial Assistance Standard Terms and Conditions, 2 CFR Part 200, Program-Specific Terms and Conditions, and any Special Award Conditions provided in the Award, which is attached to this Agreement as Exhibit J, as applicable. Specifically, Contractor shall comply and require each of its subcontractor to comply with the contract clause provisions provided in Exhibit I, which is hereby incorporated herein by reference. Section 20. Cleanup and Protections A. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by the County. B. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work, and the Contractor shall bear the cost of any such restorations. C. If the Contractor fails to clean up as provided in the Contract Documents, the County may do so and the cost thereof shall be deducted from the final payment due the Contractor.

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Section 21. Assignment A. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Section 22. Permits, Licenses and Taxes A. Pursuant to Section 218.80, F.S., the County will pay for all County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work. Contractor is not responsible for paying for permits issued by the County wherein the work is to be performed, but is responsible for acquiring all permits. The County may require the Contractor to deliver internal budget transfer documents to applicable County agencies when the Contractor is acquiring permits. B. All permits, fees and licenses necessary for the prosecution of the Work which are issued by an agency other than the County shall be acquired and paid for by the Contractor. The Contractor and his sureties, together with his officers, agents, and employees, shall protect and hold the County harmless against any and all demands made for such fees or claims brought or made by holder of any invention or patent. C. The Contractor shall be fully responsible for the execution and adherence to all directives, instructions, conditions, special conditions, and limiting conditions contained in permits specifically issued for the Work and which pertain to or affect the construction phase of this project, and shall be solely responsible for issuance of any Notices required thereby. Section 23. Termination for Default A. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for the County to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the County or the Design Professional or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. B. The County shall notify Contractor in writing of Contractor's default(s). If the County determines that Contractor has not remedied and cured the default(s) within seven (7) calendar

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days following receipt by Contractor of said written notice, then the County, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which the County, in its sole discretion, may choose. C. If the County deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by the County incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to the County on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the County to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or the County, as the case may be, shall be approved by the Design Professional, upon application, and this obligation for payment shall survive termination of the Agreement. D. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by the County in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. E. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that the County is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against the County shall be the same as and limited to those afforded Contractor under Section 24 below. Section 24. Termination for Convenience and Right of Suspension A. The County shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, damages or any anticipated profit on portions of the Work not performed.

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B. The County shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. Section 25. Completion A. When the entire Work (or any portion thereof designated in writing by the County) is ready for its intended use, Contractor shall notify the County and Design Professional in writing that the entire Work (or such designated portion) is substantially complete and request that Design Professional issue a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion). Within a reasonable time thereafter, the County, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If the County and Design Professional do not consider the Work (or designated portion) substantially complete, Design Professional shall notify Contractor in writing giving the reasons therefor. If the County and Design Professional consider the Work (or designated portion) substantially complete, Design Professional shall prepare and deliver to Contractor a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. The County shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but the County shall allow Contractor reasonable access to complete or correct items on the tentative punch list. The risk of loss for the Project and the Work performed thereon shall not pass to the County until the Certificate of Substantial Completion (or Partial Substantial Completion) is approved by the Design Professional. B. Within fourteen (14) calendar days of receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Design Professional will make such inspection and, if he finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that, on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) the Release and Affidavit in the form attached, (2) consent of surety to final payment, (3) all required As-Builts, shop drawings and other submittals; and (4) if required by the County, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by the County. The County reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued

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his recommendations. Unless and until the County is completely satisfied, neither the final payment nor the retainage shall become due and payable. C. Prior to final payment, the Design Professional may request the Contractor to permit the use of a specified part of the Project which the County believes it may use without significant interference with construction of the other parts of the Project. If the Contractor agrees, he will certify to the Design Professional that said part of the Project is Substantially Complete and request the Design Professional to issue a Certificate of Substantial Completion for that part of the Project. Within fourteen (14) calendar days thereafter, the Design Professional and the Contractor will make an inspection of that part of the Project to determine its status of completion. If the County considers that part of the Project to be Substantially Complete, the Design Professional will deliver to the Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, and listing the punch list of items to be completed or corrected before final payment and fixing the responsibility between the County and the Contractor for maintenance, heat and utilities as to that part of the Project. The County shall have the right to exclude the Contractor from any part of the Project which is so certified to be Substantially Complete but the County will allow the Contractor reasonable access to complete or correct items on the punch list. Section 26. Warranty A. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. B. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. C. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for progress payment, whether incorporated in the Project or not, will be passed to the County prior to the next application for progress payment, free and clear of all liens, claims, security interest and encumbrances; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.

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Section 27. Tests and Inspections. A. The County, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Design Professional with timely notice of readiness of the Work for all required inspections, tests or approvals. B. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. When any portion of the Work subject to inspection is ready for such, the Contractor shall provide the Design Professional forty-eight (48) hours’ notice prior to the inspection. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Design Professional and the County. C. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Design Professional, such work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Design Professional timely notice of Contractor's intention to cover the same and Design Professional has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional's observation and be replaced at Contractor's sole expense. D. The County shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by the County in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. E. Neither observations nor other actions by the Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Section 28. Defective Work A. Work not conforming to the requirements of the Contract Documents in the sole judgment of the Design Professional shall be deemed defective Work. If required by the County or Design Professional, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by the County or Design Professional, remove it from the site and replace it with conforming Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same.

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B. If the County or Design Professional consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at the County's or Design Professional's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or Design Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. C. If any portion of the Work is defective, or Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or Design Professional may order Contractor to stop the Work, or any portion thereof, until the cause for such stop in the work has been eliminated; however, this right of the County and Design Professional to stop the Work shall not give rise to any duty on the part of the County or Design Professional to exercise this right for the benefit of Contractor or any other party. D. Should the County determine, in its sole opinion, that it is in the County's best interest to accept defective Work, the County may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such defective Work after final payment, Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the defective Work. E. If Contractor fails, within a reasonable time after the written notice from the County or Design Professional, to correct defective Work or to remove and replace rejected defective Work as required by Design Professional or the County, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which the County has paid Contractor but which are stored elsewhere. Contractor shall allow the County, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in

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exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder. Section 29. Supervision and Superintendents A. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to the County and Design Professional except under extraordinary circumstances. The superintendent shall be Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The County shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Section 30. Protection of Work A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or the County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger said Work or property. C. Contractor shall not disturb any benchmark established by the Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Design Professional's benchmarks, Contractor shall immediately notify the County and Design Professional. The Design Professional shall reestablish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Section 31. Emergencies

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A. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from the County or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Design Professional written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Design Professional determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Section 32. Use of Premises

A. The County will furnish, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands which entail the Project Site upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment unless designated otherwise.

B. The Contractor shall be responsible for staging, protecting, and storing equipment or

materials. Contractor shall confine all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. Section 33. Safety A. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

A.1. All employees on the Work and other persons and/or organizations who may be affected thereby; A.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and A.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents.

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B. Contractor and all subcontractors shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, including the Occupational Safety and Health Act of 1970 (29 CFR Part 1910), as it may be amended, which provisions are incorporated herein by reference. The Contractor retains full responsibility to monitor its compliance and its subcontractors’ compliance with the Occupational Safety and Health Act of 1970 (29 CFR Part 1910) and all other applicable codes, laws, ordinances, rules and regulations. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by the County has occurred. C. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the County. County shall have the right to direct Contractor to remove and replace this individual, with or without cause. Section 34. Project Meetings A. Prior to the commencement of Work, the Contractor shall attend a preconstruction conference with the Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. B. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Design Professional or the County with respect to the Project, when directed to do so by the County or Design Professional. Contractor shall have its subcontractors and suppliers attend all such meetings (including the preconstruction conference) as may be directed by the County or Design Professional. Section 35. Records and Documents A. Contractor shall keep all records and supporting documentation, including electronic records, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Records for real property and equipment acquired for the Project, if any, must be retained for a minimum of five (5) years after final disposition. The County, or any duly authorized agents or representatives of the County, the State or the Federal government, shall have the right of timely and unrestricted access to all records and supporting documentation for purposes of audit, excerpts, transcripts, inspection and copying, investigation, and examination as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. The County and its

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designee, the State, and the Federal Government shall have the right during normal business hours to conduct announced and unannounced onsite and offsite physical visits of the Contractors corresponding to the duration of their records retention obligation. This right also includes timely and reasonable access to the Contractor’s personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are retained. If any litigation, claim, investigation, or audit relating to this Project is started before the expiration of the five-year period, the records must be retained until all litigation, claims, investigations, or audit findings involving the records have been resolved and final action taken. B. In addition to other requirements provided herein, Contractor shall comply with

public records laws embodied in chapter 119, Florida Statutes, and specifically shall: B.1. Keep and maintain public records required by the County in order to perform the

Scope of Services identified herein. B.2. Upon request from the County provide the County with any requested public

records or allow the requested records to be inspected or copied within a reasonable time by the County.

B.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 Agreement term and thereafter if the Contractor does not transfer all records to the County.

B.4. Transfer, at no cost, to County all public records in possession of the Contractor

upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. If the Contractor keeps and maintains public records upon the conclusion of this Agreement, the Contractor shall meet all applicable requirements for retaining public records that would apply to the County.

C. If Contractor does not comply with a public records request, the County shall treat

that omission as breach of this Agreement and enforce the contract provisions accordingly. Additionally, if the Contractor fails to provide records when requested, the Contractor may be subject to penalties under section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees.

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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 926-0919, [email protected], 3093 CRAWFORDVILLE HIGHWAY, CRAWFORDVILLE, FL, 32327.

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Section 36. Audit

A. The County and its designee, the State or Federal government shall have the right from time-to-time at its sole expense to audit the compliance by the Contractor and such right shall extend for a period of three (3) years after termination of this Agreement.

B. The Contractor shall maintain accurate and complete financial records of its

activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor shall also maintain accurate and complete employment and other records relating to its performance of this Agreement. Contractor agrees that County, or its authorized representatives, the Government Accountability Office, the Comptroller General of the United State, FEMA or any of their duly authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement. All financial records, timecards and other employment records, and proprietary data and information shall be kept and maintained by Contractor and made available to the County during the terms of this Agreement and for a period of three (3) years from the date set forth in 2 CFR §200.333. All such materials shall be maintained by Contractor at its principle locations, provided that if any such material is located outside Wakulla County, then, at County’s option Contractor shall pay County for travel, per diem, and other costs incurred by County to examine, audit, excerpt, copy or transcribe such material at such other location. The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal working business hours at the Contractor’s place of business.

C. In the event that an audit is conducted by Contractor specifically regarding this

Agreement by any Federal or State auditor, or by any auditor or accountant employed by Contractor, then Contractor shall file a copy of the audit report with the County’s Auditor within thirty (30) days of Contractor’s receipt thereof, unless otherwise provided by applicable Federal or State law. County shall make a reasonable effort to maintain the confidentiality of such audit report(s).

D. Failure on the part of Contractor to comply with the provisions of this Section 36

shall constitute a material breach upon which the County may terminate or suspend this Agreement.

E. If, at any time during or after the term of this Agreement, representatives of the

County conduct an audit of Contractor regarding the work performed under this Agreement, and if such audit finds that County’s dollar liability for any such work is less than payments made by County to Contractor, then the difference shall be either repaid by Contractor to County by cash payment upon demand or, at the sole option of County, deducted from any amounts due to Contractor from County. If such audit finds that County’s dollar liability for such work is more than the payments made by County to Contractor, then the difference shall be paid to Contractor by cash payment. Section 37. Exhibits Incorporated.

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The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement:

A. Legal Advertisement B. Invitation to Bid C. Bid Proposal with required forms D. Performance Bond E. Public Payment Bond F. Insurance Requirements, including certificates of insurance G. Form of Release and Affidavit H. Change Order Form I. Contract Clauses

Section 38. Notices. A. All notices required or made pursuant to this Agreement by the Contractor to the County shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Wakulla County Administrator

3093 Crawfordville Highway Crawfordville, Florida 32327

With a copy to: Brandy King

Wakulla County Board of County Commissioners 3093 Crawfordville Highway Crawfordville, Florida 32327

Engineer of Record (not applicable for this ITB)

B. All notices required or made pursuant to this Agreement by the County to Contractor shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, or by Federal Express, addressed to the following: Corporate Name of Contractor: ____________________________________________

Address (including city, state and zip): ____________________________________________

____________________________________________

Name of person with their title to whose

Attention the notice should be sent: _____________________________________________

Telephone and Fax numbers: _____________________________________________

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C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 39. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 40. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 41. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 42. No Waiver. The failure of the County to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 43. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 44. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below, and it shall be effective the latest of the dates below. CONTRACTOR: _________________________________________________________________ (Company Name) ATTEST: By: ________________________________ (Signature) _________________________ (Printed) Its: ________________________________ (Title) Date: ______________________________ Witness: Its: __________________ President/Corporate Secretary/Witness Date:

__________________________ [Corporate Seal] ____________________________ 2nd Witness (if not incorporated) OWNER: Board of County Commissioners of Wakulla County, Florida (SEAL) By:___________________________ Chairman Clerk: ________________________ Date: __________________________ ______________________________ Approved as to Form and Content: County Attorney

EXHIBIT A LEGAL ADVERTISEMENT

EXHIBIT B INVITATION TO BID

EXHIBIT C BID RESPONSE WITH REQUIRED FORMS

EXHIBIT D PERFORMANCE BOND

BOND NO.________________ KNOW ALL MEN BY THESE PRESENTS: That _____________________________________ _____________________________________, as Principal, whose principal business address is ______________________________________________________________________________ and phone number is ___________________________________________, and ____________________________________________________, as Surety, whose principal address is_____________________________________________________________________

_____________________________________________________________________________

and phone number is: _______________________________________________________ are held and firmly bound to Wakulla County, Florida (the "COUNTY"), as Obligee in the sum of:_______________________________________________________________________ _____________________________________________________________________________

($_______________________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the _______ day of ________________, 20____, with Obligee for _________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________________WAKULLA COUNTY Project No.:____________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees, including appellate proceedings, that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This bond is intended to comply with provisions of Section 255.05, Florida Statutes, and all terms and conditions of said statute are incorporated herein by reference thereto, specifically including but not limited to the notice and time limitation provisions of said section. In the event of any conflict, ambiguity or discrepancy between Section 255.05, Florida Statutes, and this Bond, Florida Statutes shall control. No right of action shall accrue on this Bond to or, for the use of any person or entity other than the COUNTY and those persons or corporations provided for by said statute, their heirs, executors, administrators, successors or assigns.

It is further agreed and understood that if the COUNTY is required to initiate legal

proceedings to recover on this Bond, the COUNTY may also recover its costs relating there to, including a reasonable amount for its attorney’s fees and legal assistant’s fees before trial, at trial, on appeal and in bankruptcy.

IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ___________________,20____, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: _________________________________________________________________ (Company Name of Contractor) By:_________________________________________(Officers Signature) ____________________________________________ (Officers Name Printed)

Witnesses as to Principal Name:_______________________________ (Signature) Its:_______________________________ (Title)

STATE OF ______________________________ COUNTY OF ____________________________ The foregoing instrument was acknowledged before me this ________day of _______________, 20 ______, by _________________________________________________(officer’s name), as

__________________________ (title) of _____________________________________________ (company name), a(n)____________ (state) corporation, on behalf of the corporation. He/she is personally known to me OR has produced _______________________ as identification and did (did not) take an oath. My Commission Expires: _____________________________ Signature of Notary :__________________________________ (Legibly Printed) __________________________________ (AFFIX OFFICIAL SEAL) Notary Public, State of__________ Commission No. ____________________ ATTEST: SURETY: ____________________________________________________________ (Printed Company Name) _____________________________________________________________

_____________________________________________________________

(Business Address) ________________________________ ________________________ (Surety Authorized Signature) (Printed Name) Witness as to Surety ______________________________(Signature) ___________________________(Printed Name)

OR _______________________________ ______________________________ As Attorney in Fact (Signature) (Printed Name) (Attach Power of Attorney) Witnessed by: _____________________________ ______________________ (Signature) (Printed Name)

______________________________________ _________________________

(Business Address) (Telephone Number)

STATE OF ____________ COUNTY OF ___________ The foregoing instrument was acknowledged before me this ______day of _____________, 20____, by____________________________ (officer’s name), as___________________________ (title) of ___________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________________ as identification and who did (did not) take an oath.

My Commission Expires: _____________________________ Signature of Notary :__________________________________ (Legibly Printed) __________________________________ (AFFIX OFFICIAL SEAL) Notary Public, State of__________ Commission No. ____________________

EXHIBIT E PUBLIC PAYMENT BOND

BOND No. _______________________ KNOW ALL MEN BY THESE PRESENTS: That_____________________________________ _____________________________________, as Principal, whose principal business address is: ______________________________________________________________________________and phone number and fax numbers are: _____________________________________________ and ____________________________________________________________, as Surety, whose principal address is: ____________________________________________________________________________________________________________________________________________________________ and phone number and fax numbers are: ______________________________________ are held and firmly bound to WAKULLA COUNTY, FLORIDA (the "COUNTY") as Obligee in the sum of____________________________________________________________________________ ________________________________________________________ ($___________________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____ day of _________, 20___, with Obligee for __________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and this referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _____________, 20___, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of:

PRINCIPAL: ___________________________________________________________ (Company Name of Contractor) By:_______________________________________ (Officer’s Signature) _______________________________________ (Officer’s Name Printed) Witnesses as to Principal Name:_____________________________ (Signature) Its:_____________________________ (Title) STATE OF ________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this ___day of ______________,

20_____, by_______________________________________________ (officer’s name), as

_________________________________ (title) of __________________________________, a

____________corporation, on behalf of the corporation. He/she is personally known to me OR

has produced__________________ as identification and did (did not) take an oath.

My Commission Expires: ______________________________

Signature of Notary: _____________________________________

(Legibly Printed) _____________________________________

(AFFIX OFFICIAL SEAL) Notary Public, State of __________

Commission No.:____________

ATTEST: SURETY: ________________________________________________________ (Printed Company Name) ________________________________________________________ ________________________________________________________ (Business Address) _________________________________________ ______________________________ (Surety Authorized Signature) (Printed Name) Witness as to Surety: ______________________________ (Signature) ______________________________(Printed Name) OR

__________________________________ ______________________________ As Attorney in Fact (Signature) (Printed Name) (Attach Power of Attorney) Witnessed by: __________________________ ______________________________ (Signature) (Printed Name)

______________________________

______________________________ (Business Address) _______________________________ (Telephone Number) STATE OF ____________ COUNTY OF ___________ The foregoing instrument was acknowledged before me this ____day of _____________, 20 __, by________________________________ (officer’s name), as_______________________ (title) of__________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________________ as identification and who did (did not) take an oath.

My Commission Expires: ____________

Signature of Notary: ____________________________

(Legibly Printed) ____________________________


Commission No:__________________

EXHIBIT F INSURANCE REQUIREMENTS

CERTIFICATES OF INSURANCE (1) The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss of use resulting there from -- any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. (4) The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies, which contain the following information and provisions: (A) The name and type of policy and coverages provided; (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage; (D) The designation of the COUNTY as an additional insured and a certificate holder.

(This requirement may be excepted for Worker's Compensation and professional liability Insurance.);

(E) The following clause must appear on the Certificate of Insurance: Should any material change occur in any of the above described policies or should any of said policies be canceled before the expiration date thereof, the issuing company will mail at least thirty (30) days written notice to the COUNTY. (5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be considered justification for the COUNTY to terminate the Agreement.

(6) Contractor shall include the COUNTY, the COUNTY's agents, officers and employees in the Contractor's General Liability and Automobile Liability policies as additional insureds. (7) If the COUNTY has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, the COUNTY shall notify Contractor in writing thereof within thirty (30) days of the delivery of such certificates to the COUNTY. Contractor shall provide to the COUNTY such additional information with respect to its insurance as may be requested. (8) The Contractor shall obtain and maintain the following insurance coverages as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements: WORKER'S COMPENSATION State: Statutory Applicable Federal: Statutory Employer's Liability: $1,000,000.00 COMPREHENSIVE GENERAL LIABILITY Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence Comprehensive General Liability Insurance shall include: Contractual Liability, Explosion, Collapse and Underground Coverages and Products and

Completed Operations Coverages. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence

Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos.

EXHIBIT G RELEASE AND AFFIDAVIT

COUNTY OF________________ STATE OF FLORIDA Before me, the undersigned authority, personally appeared ___________________________ _________________________________________, who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $_______________ paid, ___________________________________________________________ ("Contractor") releases and waives for itself and its subcontractors, materialmen, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against Wakulla County, Florida (the "COUNTY"), its Board of County Commissioners, employees and agents relating in any way to the performance of the Agreement between Contractor and the COUNTY, dated _______________, ____, for the period from ________________ to __________________. (2) Contractor certifies for itself and its subcontractors, materialmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which the COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless the COUNTY, its Board of County Commissioners, employees and agents from all demands or suits, actions, claims of liens or other charges filed or asserted against the COUNTY arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._____. CONTRACTOR: ___________________________________________________________________________ By: ____________________________________ (signature of the executive officer) Its:_____________________________________ (title of the executive officer) Date:___________________________

Witnesses ____________________________ _____________________________ [Corporate Seal] STATE OF _____________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this ______ day of _______________, _______, by _______________________, as ____________________ of ____________________________________, a _______________ corporation, on behalf of the corporation. He/she is personally known to me or has produced ________________ ____________________________ as identification and did (did not) take an oath. My Commission Expires: _______________________________________ (Signature of Notary) Name:__________________________________ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of________________ Commission No.:________________________

EXHIBIT H CHANGE ORDER FORM

CHANGE ORDER NO. WAKULLA COUNTY PROJECT NO. TO: ______________________________ ______________________________ ______________________________ DATE: ________________ PROJECT NAME: _________________________________________

Wakulla County Project No. _____________

Under our AGREEMENT dated________________________. ****************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: ____________________________________________________________________________________________________________________________________________________________ FOR THE ADDITIVE or DEDUCTIVE Sum of: ______________________________($______________________). Original Agreement Amount $ Sum of Previous Changes $ This Change Order ADD/DEDUCT $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by _______ calendar days due to this

Change Order. Accordingly, the Contract Time is now ____________ (_____) calendar days and the final completion date is ______________. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs.

Accepted: ____________________ , 20____ .

WAKULLA COUNTY, FLORIDA CONTRACTOR By:________________________ By:___________________________ Chair President DESIGN PROFESSIONAL: By:___________________________ Consulting Engineer

EXHIBIT I CONTRACT CLAUSES

Non-Discrimination Requirements During the performance of this contract, the Contractor will comply with all requirements summarized below and ensure that all subcontractors comply with and all subcontracts contain these requirements:

(1) Statutory Provisions a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on the

grounds of race, color, or national origin under programs or activities receiving federal financial assistance; b. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits discrimination on the

basis of sex under federally assisted education programs or activities; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) prohibits discrimination on

the basis of handicap under any program or activity receiving or benefitting from federal assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), prohibits discrimination on

the basis of age in programs or activities receiving federal financial assistance; e. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.) (“ADA”), including

the ADA Amendments Act of 2008 (Public Law 110-325, (“ADAAA”), prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation.

f. Any other applicable non-discrimination law(s).

(2) Regulatory Provisions a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title VI of the Civil Rights Act of 1964, as

amended (42 U.S.C. §§ 2000d, et seq.) which prohibits discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance;

b. Treasury Title IX regulations, 31 Part 28, implement Title IX of the Education Amendments of 1972 (20

U.S.C. §§ 1681 et seq.) which prohibits discrimination on the basis of sex under federally assisted education programs or activities.

(3) Other Provisions a. Parts II and III of EO 11246 (30 Fed. Reg. 12319, 1965), “Equal Employment Opportunity,” as amended

by EO 11375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), require federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of EO 11246 and Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-1.4(b), 1991).

b. EO 13166 (August 11, 2000), “Improving Access to Services for Persons With Limited English

Proficiency,” requires federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them.

(4) Title VII Exemption for Religious Organizations Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., provides that it shall be an

unlawful employment practice for an employer to discharge any individual or otherwise to discriminate against an

individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibition against discrimination on the basis of religion, a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

(5) Protections for Whistleblowers In accordance with 41 U.S.C. § 4712, neither the contractors (vendors) or subcontractors may discharge,

demote, or otherwise discriminate against an employee as a reprisal for disclosing information to a person or entity listed below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant:

a. A Member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Treasury employee responsible for contract or grant oversight or management; e. An authorized official of the Department of Justice or other law enforcement agency; f. A court or grand jury; and/or g. A management official or other employee of the recipient, subrecipient, vendor, contractor (vendor), or

subcontractor who has the responsibility to investigate, discover, or address misconduct. Equal Employment Opportunity During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective

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bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives 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 rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance 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 paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a subcontractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. Davis Bacon During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: (1)Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act ( 29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during

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https://www.law.cornell.edu/cfr/text/29/part-3

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https://www.law.cornell.edu/cfr/text/29/5.5#a_1_iv

such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)

(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable

relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or

their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs

(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes

a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider

as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2)Withholding. The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any





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laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3)Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)

A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the

contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided

under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee)


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employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and

fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of

Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor

to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section

available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4)Apprentices and trainees –

(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the









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predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii)Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part

shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5)Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Copeland “Anti-Kickback” Act Clause During the performance of this contract, the Contractor will comply with all requirements below and ensure that all























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https://www.law.cornell.edu/cfr/text/29





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https://www.law.cornell.edu/uscode/text/18/1001

subcontractors comply with and all subcontracts contain these requirements: (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the 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. (3) 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. Contract Work Hours and Safety Standards Clause During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: (1)Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3)Withholding for unpaid wages and liquidated damages. The County 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 (2) of this section. (4)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section 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 paragraphs (1) through (4) of this section. Debarment and Suspension Status The Contractor shall verify that no subcontractors or principals of subcontractors appear on the federal government’s Excluded Parties List prior to executing an agreement or contract with that entity. The Contractor may not contract with an entity or that entity’s principals if that entity or any of its principals appears on the Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov. The Award, which is included in Exhibit J, and this Project which is funded at least in part by that Award is subject to 31 C.F.R. Part 19. Drug Free Workplace The contractor must comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 8102), Treasury implementing regulations at 31 C.F.R. Part 20, and Section 112.0455, Florida Statutes, which require that the County take steps to provide a drug-free workplace. The Contractor will ensure that all subcontractors comply with these requirements and all subcontracts contain these requirements. Lobbying Restrictions During the performance of this contract, the Contractor will comply with all requirements below and ensure that all





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subcontractors comply with and all subcontracts contain these requirements: (1) Statutory Provisions The Contractor must comply with the provisions of 31 U.S.C. § 1352 and regulations at 31 C.F.R. Part 21. No appropriated funds may be expended by the recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the extension, continuation, renewal, amendment, or modification of any Federal grant. (2) Disclosure of Lobbying Activities The Contractor must disclose lobbying activities by submitting a completed Form SF-LLL, "Disclosure of Lobbying Activities," regarding the use of non-federal funds for lobbying. The Contractor and all subcontractors, at any tier, who receives a contract or subcontract exceeding $100,000 under the Award, shall file with the tier above them a certifications, set forth in Appendix A of 31 C.F.R. Part 21, that the contractor or subcontractor has not made, and will not make, any payment prohibited by 31 U.S.C. § 1352, as amended. Pursuant to 31 C.F.R. 21.100(d), the certification shall be filed to the next tier above. The Form SF-LLL must be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Form SF-LLL must be submitted from subcontractor to contractor until received by the County. The County will submit the Forms SF-LLL, including those received from Contractors and subcontractors, to Treasury within 30 days following the end of the calendar period. Every certification filed shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared with any tier to which the erroneous representation if forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification. If a person fails to file a required certification, the United States may pursue all available remedies, including those authorized by 31 U.S.C. § 1352. The Award, which is included in Exhibit J, and this Project which is funded at least in part by that Award is subject 31 U.S.C § 1352. Prohibited and Criminal Activities During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: a. The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3812), provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the federal government for money (including money representing grants, loans or other benefits). b. False Statements, as amended (18 U.S.C. §1001) provides that whoever makes or presents any materially false, fictitious, or fraudulent statements to the United States shall be subject to imprisonment of not more than five years. c. False, Fictitious, or Fraudulent Claims, as amended (18 U.S.C. § 287) provides that whoever makes or presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to imprisonment of not more than five years and shall be subject to a fine in the amount provided in 18 U.S.C. § 287. d. False Claims Act, as amended (31 U.S.C. 18 U.S.C. § 3729 et seq.), provides that suits under this act can be brought by the federal government, or a person on behalf of the federal government, for false claims under federal assistance programs. e. Copeland “Anti-Kickback” Act, as amended (18 U.S.C. § 874 and 40 U.S.C. § 276c), prohibits a person or organization engaged in a federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract. The Copeland “Anti-Kickback” Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145. Goals for Women and Minorities in Construction During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements:

Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all federally assisted construction contracts in excess of $10,000. The Contractor must comply with these regulations and must obtain compliance with 41 CFR 60-4 from subcontractors employed in the completion of the Project by including such notices, clauses and provisions in any subcontract procurements as required by 41 CFR 60-4. The goal for participation of women in each trade area must be as follows: a. From April 1, 1981, until further notice: 6.9 percent; b. All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 604.6, or any successor regulations, must hereafter be incorporated by reference into these Special Award Conditions; and, c. Goals for minority participation must be as prescribed by Appendix B-80, Federal Register, Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient must include the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” (or cause them to be included, if appropriate) in all federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-6. The Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Clean Air Act and Federal Water Pollution Control Act Clause During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Maximize Use of Recovered/Recycled Materials During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: The Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 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 by 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. Byrd Anti-Lobbying Amendment During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for

influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Standard Patent Rights If this Agreement is for the performance of experimental, developmental, or research work that is funded in whole or in part by the Federal Government, then the following provisions shall apply: (a) Definitions (1)Invention means any invention or discovery which is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act ( 7 U.S.C. 2321et seq.). (2)Subject invention means any invention of the contractor conceived or first actually reduced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance. (3)Practical Application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms. (4)Made when used in relation to any invention means the conception or first actual reduction to practice of such invention. (5)Small Business Firm means a small business concern as defined at section 2 of Pub. L. 85-536 ( 15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this clause, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be used. (6)Nonprofit Organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. 501(c) and exempt from taxation under section 501(a) of the Internal Revenue Code ( 25 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute. (7) The term statutory period means the one-year period before the effective filing date of a claimed invention during which exceptions to prior art exist per 35 U.S.C. 102(b) as amended by the Leahy-Smith America Invents Act, Public Law 112-29. (8) The term contractor means any person, small business firm or nonprofit organization, or, as set forth in section 1, paragraph (b)(4) of Executive Order 12591, as amended, any business firm regardless of size, which is a party to a funding agreement. (b) Allocation of Principal Rights The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. (c) Invention Disclosure, Election of Title and Filing of Patent Application by Contractor (1) The contractor will disclose each subject invention to the Federal Agency within two months after the inventor discloses it in writing to contractor personnel responsible for patent matters. The disclosure to the agency shall be in the form of a written report and shall identify the contract under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the Contractor will promptly notify the agency of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the contractor. (2) The contractor will elect in writing whether or not to retain title to any such invention by notifying the Federal agency within two years of disclosure to the Federal agency. However, in any case where a patent, a printed

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https://www.law.cornell.edu/uscode/text/7/2401#d






https://www.law.cornell.edu/cfr/text/13/121.3-8

https://www.law.cornell.edu/cfr/text/13/13

https://www.law.cornell.edu/uscode/text/26/501#c

https://www.law.cornell.edu/uscode/text/25/501#a

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https://www.law.cornell.edu/uscode/text/35/102#b

https://www.law.cornell.edu/rio/citation/Pub._L._112-29


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publication, public use, sale, or other availability to the public has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period. (3) The contractor will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the contractor files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The contractor will file patent applications in additional countries or international patent offices within either ten months of the first filed patent application or six months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and contractor co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the contractor, may file such application at its own expense, provided that the contractor retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agency, be granted. When a contractor has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the contractor within 60 days of receiving the request. (d) Conditions When the Government May Obtain Title The contractor will convey to the Federal agency, upon written request, title to any subject invention - (1) If the contractor fails to disclose or elect title to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain title. (2) In those countries in which the contractor fails to file patent applications within the times specified in paragraph (c) of this clause; provided, however, that if the contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the Federal agency, the contractor shall continue to retain title in that country. (3) In any country in which the contractor decides not to continue the prosecution of any non-provisional patent application for, to pay a maintenance, annuity or renewal fee on, or to defend in a reexamination or opposition proceeding on, a patent on a subject invention. (e) Minimum Rights to Contractor and Protection of the Contractor Right to File (1) The contractor will retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, except if the contractor fails to disclose the invention within the times specified in (c), above. The contractor's license extends to its domestic subsidiary and affiliates, if any, within the corporate structure of which the contractor is a party and includes the right to grant sublicenses of the same scope to the extent the contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of the Federal agency except when transferred to the sucessor of that party of the contractor's business to which the invention pertains. (2) The contractor's domestic license may be revoked or modified by the funding Federal agency to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR part 404 and agency licensing regulations (if any). This license will not be revoked in that field of use or the geographical areas in which the contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the funding Federal agency to the extent the contractor, its licensees, or the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. (3) Before revocation or modification of the license, the funding Federal agency will furnish the contractor a written notice of its intention to revoke or modify the license, and the contractor will be allowed thirty days (or such other time as may be authorized by the funding Federal agency for good cause shown by the contractor) after the notice to show cause why the license should not be revoked or modified. The contractor has the right to appeal, in accordance with applicable regulations in 37 CFR part 404 and agency regulations (if any) concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of the license. (f) Contractor Action to Protect the Government's Interest (1) The contractor agrees to execute or to have executed and promptly deliver to the Federal agency all instruments necessary to (i) establish or confirm the rights the Government has throughout the world in those subject inventions

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https://www.law.cornell.edu/uscode/text/35/207#a_3














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to which the contractor elects to retain title, and (ii) convey title to the Federal agency when requested under paragraph (d) above and to enable the government to obtain patent protection throughout the world in that subject invention. (2) The contractor agrees to require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the contractor each subject invention made under contract in order that the contractor can comply with the disclosure provisions of paragraph (c) of this clause, to assign to the contractor the entire right, title and interest in and to each subject invention made under contract, and to execute all papers necessary to file patent applications on subject inventions and to establish the government's rights in the subject inventions. This disclosure format should require, as a minimum, the information required by paragraph (c)(1) of this clause. The contractor shall instruct such employees through employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. (3) For each subject invention, the contractor will, no less than 60 days prior to the expiration of the statutory deadline, notify the Federal agency of any decision: Not to continue the prosecution of a non-provisional patent application; not to pay a maintenance, annuity or renewal fee; not to defend in a reexamination or opposition proceeding on a patent, in any country; to request, be a party to, or take action in a trial proceeding before the Patent Trial and Appeals Board of the U.S. Patent and Trademark Office, including but not limited to post-grant review, review of a business method patent, inter partes review, and derivation proceeding; or to request, be a party to, or take action in a non-trial submission of art or information at the U.S. Patent and Trademark Office, including but not limited to a pre-issuance submission, a post-issuance submission, and supplemental examination. (4) The contractor agrees to include, within the specification of any United States patent applications and any patent issuing thereon covering a subject invention, the following statement, “This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has certain rights in the invention.” (g) Subcontracts (1) The contractor will include this clause, suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental or research work to be performed by a subcontractor.. The subcontractor will retain all rights provided for the contractor in this clause, and the contractor will not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions. (2) The contractor will include in all other subcontracts, regardless of tier, for experimental developmental or research work the patent rights clause required by (cite section of agency implementing regulations or FAR). (3) In the case of subcontracts, at any tier, when the prime award with the Federal agency was a contract (but not a grant or cooperative agreement), the agency, subcontractor, and the contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and the Federal agency with respect to the matters covered by the clause; provided, however, that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes Act in connection with proceedings under paragraph (j) of this clause. (h) Reporting on Utilization of Subject Inventions The Contractor agrees to submit on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the contractor or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the contractor, and such other data and information as the agency may reasonably specify. The contractor also agrees to provide additional reports as may be requested by the agency in connection with any march-in proceeding undertaken by the agency in accordance with paragraph (j) of this clause. As required by 35 U.S.C. 202(c)(5), the agency agrees it will not disclose such information to persons outside the government without permission of the contractor. (i) Preference for United States Industry Notwithstanding any other provision of this clause, the contractor agrees that neither it nor any assignee will grant to any person the exclusive right to use or sell any subject inventions in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible. (j) March-in Rights The contractor agrees that with respect to any subject invention in which it has acquired title, the Federal agency has


















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https://www.law.cornell.edu/uscode/text/35/202#c_5






the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency to require the contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the contractor, assignee, or exclusive licensee refuses such a request the Federal agency has the right to grant such a license itself if the Federal agency determines that: (1) Such action is necessary because the contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use. (2) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the contractor, assignee or their licensees; (3) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the contractor, assignee or licensees; or (4) Such action is necessary because the agreement required by paragraph (i) of this clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement. (k) Special Provisions for Contracts with Nonprofit Organizations If the contractor is a nonprofit organization, it agrees that: (1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal agency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the contractor; (2) The contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. 202(e) and 37 37 CFR 401.10; (3) The balance of any royalties or income earned by the contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and (4) It will make efforts that are reasonable under the circumstances to attract licensees of subject inventions that are small business firms and that it will give a preference to a small business firm when licensing a subject invention if the contractor determines that the small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business firms; provided, that the contractor is also satisfied that the small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the contractor. However, the contractor agrees that the Federal agency may review the contractor's licensing program and decisions regarding small business applicants, and the contractor will negotiate changes to its licensing policies, procedures, or practices with the Federal agency when the Federal agency's review discloses that the contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(4). In accordance with 37 CFR 401.7, the Federal agency or the contractor may request that the Secretary review the contractor's licensing program and decisions regarding small business applicants. ADA Standards for Accessible Design for Construction Awards During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: The U.S. Department of Justice has issued revised regulations implementing Title II of the ADA (28 C.F.R. Part 35) and Title III of the ADA (28 C.F.R. Part 36). The revised regulations adopted new enforceable accessibility standards called the “2010 ADA Standards for Accessible Design” (2010 Standards). The 2010 Standards are an acceptable alternative to the Uniform Federal Accessibility Standards (UFAS). Treasury deems compliance with the 2010 Standards to be an acceptable means of complying with the Section 504 accessibility requirements for new construction and alteration projects. All new construction and alteration projects must comply with the 2010 Standards.











https://www.law.cornell.edu/uscode/text/35/

https://www.law.cornell.edu/uscode/text/35/202#e














https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0be23f17ef1c24b8da3685a8523fb345&term_occur=1&term_src=Title:37:Chapter:IV:Part:401:401.14





Subject: Request Board Approval to Accept and Award ITB No. 2018-27 Surf Road

Emergency Repairs to North Florida Asphalt, Inc. and Approval of the Construction Agreement

Statement of Issue: This agenda item requests Board approval to accept and award ITB No. 2018-27 Surf Road Emergency Repairs to North Florida Asphalt, Inc. (the “Contractor”) and approval of the Construction Agreement (Attachment 1). Background: On October 10, 2018, Surf Road in Wakulla County sustained damage from Hurricane Michael approximately 1.8 miles west of US 98 in Panacea, Florida. On November 8, 2018, staff released ITB No. 2018-27 Surf Road Emergency Repairs. The scope of this project is to remove existing asphalt, elevating the roadway base, and installing new asphalt. An advertisement was placed in the Tallahassee Democrat on November 8, 2018, along with posting on the Wakulla County website. In addition, all vendors listed on the County’s Active Vendor List, were notified via e-mail. Proposals were received until 4:00 PM on November 26, 2018. Four (4) bids were received on November 26, 2018 at 4:00 PM from responsive, responsible bidders and were opened by Brandy King, Fiscal Operations Director. Analysis: Four (4) proposals were received in response to ITB No. 2018-27. The four (4) proposals with their base bids are:

• Pigott Asphalt and Sitework $38,900.00 • North Florida Asphalt, Inc. $32,025.00 • Peavy and Son Construction Co., Inc. $50,335.00 • Capital Asphalt, Inc. $56,150.00

Request Board Approval to Accept and Award ITB No. 2018-27 Surf Road Emergency Repairs to North Florida Asphalt, Inc. and Approval of the Construction Agreement December 3, 2018 Page 2 Staff is recommending approval to accept and award ITB No. 2018-27 to North Florida Asphalt, Inc. for services to begin as soon as possible. Once approved by the Board, staff will issue a Notice to Proceed. The work shall be fully completed and ready for final acceptance by the County within 20 calendar days from the Commencement Date which is established within the Notice to Proceed. Budgetary Impact: This project was procured in accordance with federal procurement standards with the intent to seek reimbursement from FEMA for the repair costs. If approved for reimbursement by FEMA, the County will be reimbursed 75% of the costs for an amount of $24,018.75 and the balance will be paid from the One Cent Sales Tax Road Fund. If denied by FEMA, the entire cost of $32,025.00 will be paid from the One Cent Sales Tax Road Fund. Options: 1. Approve to accept and award ITB No. 2018-27 to North Florida Asphalt, Inc. for Surf Road

Emergency Repairs and approve the Construction Agreement. 2. Do not approve to accept and award ITB No. 2018-27 to North Florida Asphalt, Inc. for Surf

Road Emergency Repairs and do not approve the Construction Agreement. 3. Board direction. Recommendation: Option #1. Attachment(s): 1. Detailed Bid Sheet 2. Construction Agreement

ITEM DESCRIPTION QTY ITEM UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION

GENERAL COSTS

1.01 Mobilization 1 LS $5,000.00 $5,000.00 $5,500.00 $5,500.00 $2,000.00 $2,000.00 $15,000.00 $15,000.001.02 Bonds & Insurance 1 LS $1,500.00 $1,500.00 $3,500.00 $3,500.00 $2,000.00 $2,000.00 $1,500.00 $1,500.001.03 Maintenance of Traffic 1 LS $1,200.00 $1,200.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $1,500.00 $1,500.001.04 Asphalt Removal 675 SY $5.00 $3,375.00 $12.00 $8,100.00 $15.00 $10,125.00 $22.00 $14,850.001.05 Limerock Base 150 TN $35.00 $5,250.00 $40.00 $6,000.00 $131.00 $19,650.00 $50.00 $7,500.001.06 Asphalt Paving 80 TN $165.00 $13,200.00 $125.00 $10,000.00 $132.00 $10,560.00 $175.00 $14,000.001.07 Striping (centerline and edge) 1 LS $2,500.00 $2,500.00 $5.00 $5.00 $1,000.00 $1,000.00 $1,800.00 $1,800.00

$32,025.00 $36,605.00 $50,335.00 $56,150.00TOTAL BASE BID

NORTH FL ASPHALT PIGOTT ASPHALT

Wakulla County

Surf Road Emergency Repair

ITB # 2018-27

Bid Date: November 26, 2018

CAPITAL ASPHALTPEAVY & SON CONST.

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CONSTRUCTION AGREEMENT

WAKULLA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, situated at 3093 Crawfordville Highway, Crawfordville, Florida 32327 (the "County"), hereby contracts with North Florida Asphalt, Inc. (the "Contractor") of 2908 Plant Street, Tallahassee, FL 32304 a contractor licensed to perform all work in the State of Florida in connection with the County's Project No. ITB 2018-27 (the "Project"), as said work is set forth in the Plans and Specifications prepared by Dewberry Engineers, Inc., the Architect of Record (the "Design Professional") and other Contract Documents hereafter specified (the "Work"). The County and the Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 37 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid response and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, Work Authorizations and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. The Design Professional is the initial interpreter of the Contract Documents but is not the judge between the County and the Contractor. The County reserves the right to make final decisions considering the Design Professional’s recommendations or interpretations of the Contract Documents. The Design Professional does not have authority to obligate or commit the County to fund additional expenditures or approve extensions of time over the approved Contract Time or Amount. However, the Design Professional’s interpretation as to the intent of his design shall be final and not subject to interpretation by the County’s staff. C. Any Work that may be reasonably inferred from the specifications as being required to produce the intended result shall be supplied whether or not it is specifically called for. In case of any inconsistency or conflict among the provisions of the Agreement and any other terms and conditions of any documents comprising the Contract Documents, the provisions of the Agreement shall control. Concerning the Contract Documents, the order of precedence shall be as follows: (1) Change Orders; (2) the Agreement, including amendments and Exhibits; (3) Field Orders; (4) the solicitation documents, including any addenda. The Contract Documents listed above represent the entire and integrated Agreement between the parties hereto, and supersede prior negotiations, representations, or agreements, either written or oral. D. Work, materials or equipment described in words which have a well-known technical or trade meaning, shall be deemed to refer to such recognized standards.

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E. The County shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. F. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the County.

G. Construction services provided by Contractor for the Project shall be under the general direction of _____________, or their successor, who shall act as the County's representative during the term of this Agreement. If the County’s representative is not a County employee, then County’s representative is not authorized to issue changes to the Contract Amount, Contract Time, or Scope of Work without express approval by the Department Director, County Administrator, or Board of County Commissioners.

H. The County’s representative, within the authority conferred by the Board of County

Commissioners, shall initiate written Change Orders, and notification to the Contractor of any and all changes approved by the County in the Contractor’s: (1) compensation; (2) time and/or schedule of service delivery; (3) and any amendment (s) or other change(s) relative to the Work pursuant to this Contract or Change Orders pertaining thereto. Following County approval, the County’s representative shall coordinate issuance of any such documents. The County’s representative shall be responsible for acting on the County’s behalf to administer, coordinate, interpret and otherwise manage the contractual provisions and requirements set forth in this Contract or any amendments, or Change Orders issued hereunder.

I. Neither the Contractor nor any Subcontractor, Supplier, or other person or

organization performing or furnishing any of the Work under a direct or indirect contract with the County shall have or acquire any title to or ownership rights to any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Design Professional; and they shall not reuse any of them on extensions of the Project or any other project without written consent of the County or their Design Professional and the specific written verification or adaptation by the Design Professional. Section 2. Scope of Work. A. The Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, transportation, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by this Agreement.

B. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricator or processors except as otherwise provided in the Contract Documents. Section 3. Contract Amount.

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A. In consideration of the faithful performance by the Contractor of the covenants in this Agreement to the full satisfaction and acceptance of the County, the County agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: $32,025.00 or in WORDS thirty two thousand, twenty five dollars.

Item Quantity Units Unit Price Cost 1.01 Mobilization 1 LS 5,000.00 5,000.00 1.02 Bonds & Insurance 1 LS 1,500.00 1,500.00 1.03 Maintenance of Traffic 1 LS 1,200.00 1,200.00 1.04 Asphalt Removal 675 SY 5.00 3,375.00 1.05 Limerock Base 150 TN 35.00 5,250.00 1.06 Asphalt Paving 80 TN 165.00 13,200.00 1.07 Striping (centerline and

edge) 1 LS 2,500.00 2,500.00

Total 32,025.00

B. If the Contract Amount includes an Allowance, the Contractor shall cause the Work

covered by the Allowance to be done for such sums within the limits of the Allowance as the County may approve. The Contractor agrees that the Contract Amount includes such sums as they deem proper for costs and any profit on account of any Allowances. No demands for an additional sum for overhead or profit will be allowed.

C. Any agreed upon changes to the Contract Amount must be accomplished by an approved, written Change Order in the form attached to this Agreement. Section 4. Bonds. A. The Contractor shall provide Performance and Payment Bonds, in the form prescribed in the Exhibits to the Agreement, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. If the Contract is increased by a Change Order, it shall be the Contractor’s responsibility to ensure that the Performance and Payment Bonds are amended accordingly, and a copy of the amendment forwarded to the County. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar

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days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval. Section 5. Contract Time and Liquidated Damages A. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" is established in the Notice to Proceed to be issued by the County. Written Notice to Proceed is contingent upon and will be done subsequent to the Contractor fully satisfying the County’s stated insurance and Bond submittal requirements. The Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by the Contractor prior to the Commencement Date shall be at the sole risk of the Contractor. The Work shall be substantially completed within 15 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by the County within 20 calendar days from the Commencement Date (herein "Contract Time"). B. The County and the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should the Contractor fail to substantially complete the Work within the time period noted above, the County shall be entitled to assess, as liquidated damages, but not as a penalty, $500.00 for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Design Professional issues a Substantial Completion Certificate pursuant to the terms hereof. The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if the Contractor fails to substantially complete the Work in a timely manner.

C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. All days shall mean calendar day and not business day. Section 6. Intent of Contract Documents A. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work,

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materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. B. If before or during the performance of the Work, Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Design Professional in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Design Professional. If required, a Field Order or Change Order will be issued pursuant to Section 16 of this Agreement. If the Contractor performs any Construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Design Professional and County, the Contractor shall assume responsibility for such performance and shall share in costs associated with any corrections. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. C. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Design Professional. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. Section 7. Investigation and Utilities A. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water, sewer, and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation.

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B. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities (surface and subsurface) being referred to in this Sub-Section 7.B. as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior to the proposed Work. The County shall have the final decision with respect to whether the relocation or shutdown is required and when the relocation or shutdown of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilities. Section 8. Schedule A. The Contractor, within five (5) calendar days after receipt of a Notice of Award, shall prepare and submit to the County and Design Professional, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. B. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the County's and Design Professional's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The County's and the Design Professional's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the County's obligation to pay Contractor. Section 9. Progress Payments A. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the County and the Design Professional, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the County and Design Professional, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Design Professional along with a completed and notarized copy of the Application for Payment form. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Schedule of Values. B. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the County and the Design Professional a complete list of all its proposed subcontractors and materialmen, showing the work and materials involved and the dollar amount of each proposed

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subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. C. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the County in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the County has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the County's interest therein, all of which shall be subject to the County's satisfaction.

D. Contractor shall submit one (1) copy of its monthly Application for Payment to the Design Professional on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the Design Professional shall either:

D.1 indicate his approval of the requested payment;

D.2 indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or

D.3 return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment and the action necessary to make the payment request proper.

In the event of a total denial and return of the Application for Payment by the Design Professional, the Contractor may make the necessary corrections and resubmit the Application for Payment. The County shall, within thirty (30) calendar days after County approval of an Application for Payment, pay the Contractor the amounts so approved. Provided, however, in no event shall the County be obligated to pay any amount greater than that portion of the Application for Payment approved by the Design Professional. E. The County shall initially retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Design Professional for payment, whichever is less. After 50% of the services are completed, the County will reduce the retainage to five percent (5%) of each subsequent progress payment. Such sums shall be accumulated and released to Contractor with final payment. For purposes of determining 50% completion, stored material and general job costs such as mobilization, bonds, insurance, field office costs and like costs shall be excluded. Additionally, for purposes of this determination, each major discipline (electrical and instrumentation, structural, and mechanical) must independently achieve 50% completion in order for the project services to be deemed 50% complete.

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F. Monthly payments to Contractor shall in no way imply or constitute approval or acceptance of Contractor's work. G. Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached to this Agreement, showing that all materials, labor, equipment and other bills associated with that portion of the Work for which payment is being requested have been paid in full. The County shall not be required to make payment until and unless these affidavits are furnished by the Contractor. H. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for the County's and the Design Professional's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by the County to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Section 10. Payments Withheld A. The Design Professional or the County may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The Design Professional or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of:

A.1 Defective Work not remedied; A.2 Third party claims filed or reasonable evidence indicating probable filing of such claims; A.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; A.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; A.5 Reasonable indication that the Work will not be completed within the Contract Time;

A.6 Unsatisfactory prosecution of the Work by the Contractor;

A.7 Failure to provide accurate and current "As-Builts"; or

A.8 Any other material breach of the Contract Documents.

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B. If these conditions in Subsection 10.A are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other agreement between Contractor and the County. Section 11. Final Payment A. The County shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by both the County and the Design Professional in accordance with Section 25.A. herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished the County with a properly executed and notarized copy of the Release and Affidavit, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the County. B. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against the County arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by the County shall be deemed to be a waiver of the County's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or the County at the time of final inspection. Section 12. Submittals and Substitutions A. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as a schedule of values, safety manual, shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. B. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the County if sufficient information is submitted by Contractor to allow the County to determine that the material or equipment proposed is equivalent or better than to that named. Requests for review of substitute items of material and equipment will not be accepted by the County from anyone other than Contractor and all such requests must be submitted by Contractor to Design Professional within thirty (30) calendar days after Notice of Award is received by Contractor. C. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Design Professional for acceptance thereof, certifying that

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the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the County for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result, directly or indirectly, from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Design Professional in evaluating the proposed substitute. The Design Professional may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. D. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Design Professional, if Contractor submits sufficient information to allow the Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Design Professional shall be the same as those provided herein for substitute materials and equipment. E. The Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. The Design Professional shall be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Design Professional's and the County's prior written acceptance which shall be evidenced by either a Change Order or an approved Shop Drawing. The County may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Design Professional will record time required by the Design Professional and the Design Professional's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the County accepts a proposed substitute, Contractor shall reimburse the County for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute, or such charges may be deducted from an application for payment, at the County’s sole discretion. Section 13. Daily Reports, As-Builts and Meetings A. Unless waived in writing by the County, Contractor shall complete and submit to Design Professional on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Design Professional and the County. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following:

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A.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; A.2. Soil conditions which adversely affect the Work; A.3. The hours of operation by Contractor's and subcontractor's personnel; A.4. The number of Contractor's and subcontractor's personnel present and working at the Project site, by subcontract and trade; A5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); A.6. Description of Work being performed at the Project site; A.7. Any unusual or special occurrences at the Project site; A.8. Materials received at the Project site; A.9. A list of all visitors to the Project site; and A.10. Any problems that might impact either the cost or quality of the Work or the time of performance.

The daily log shall not constitute nor take the place of any notice required to be given by Contractor to the County or Design Professional pursuant to the Contract Documents. B. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to Design Professional for reference. Current and accurate “As-Built” record documents shall be submitted with each Application for Payment. Failure to provide current and accurate “As-Built” record drawings shall be reason for rejecting the Application for Payment. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record

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documents, samples and shop drawings shall be delivered to Design Professional by Contractor for the County. C. The Contractor shall submit to the Design Professional one complete set of all recorded changes made during Construction entitled "As-Built” and dated. Submittals shall be made in accordance with the above and shall be submitted at the time of Substantial Completion. D. Certified “as-built” information, which the Contractor must show on marked-up copies of the design drawings, prints, and other materials as specified above, shall include both authorized and unauthorized changes and any modifications to material types from that specified in the bid plans and Specifications. As a prerequisite to any payments, the Contractor shall make available to the Design Professional all “as-built” information pertinent to the design drawings each month prior to his submission of a monthly application for payment. The Contractor shall also obtain “as-built” cross-sections of the roadway, ditches, channels, and other drainage ways as shown in the Contract Documents at intervals not to exceed 100 ft. The Contractor shall set benchmarks on or within 100 ft. of each control structure constructed as part of the Project. A complete description including elevation and location of each control structure benchmark shall be provided to the Design Professional as part of the “as-built” information. The elevation shall be clearly and permanently indicated on each benchmark. E. “As-built” dimensions and elevations shall be obtained by a Professional Land Surveyor registered in the State of Florida pursuant to Chapter 472, Florida Statutes. The “as-built” drawings shall be signed and sealed by the Contractor’s Professional Land Surveyor in accordance with Section 472.025, Florida Statutes. F. All pertinent surveyors’ field survey notes containing the “as-built” data shall be sealed and submitted to the Design Professional for review and acceptance prior to authorization of the final payment. G. “As-built” data shall be secured, and the accuracy of measurements shall be 0.01 ft. H. All sub-surface improvements considered part of the Work as shown in the Contract Documents shall be “as-built” by the Contractor prior to backfilling. Section 14. Contract Time and Extensions A. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of the County's suppliers and contractors as set forth in Section 17.B. herein. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its

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fault or neglect, including but not restricted to acts of God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the County in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which the County may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from the County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against the County will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Section 15. Changes in the Work A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement as Exhibit H, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 16 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise have had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items

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involved. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor. Section 16. Claims and Disputes A. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between the County and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. B. Claims by the Contractor shall be made in writing to the County and Design Professional within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the County and Design Professional within fifteen (15) calendar days after the occurrence of the event, unless the County grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All claims shall be priced in accordance with the provisions of Subsection 15.D. C. Any dispute, action or proceeding arising out of or related to this Agreement shall be exclusively commenced in the state courts of Wakulla County, Florida, or where proper subject matter jurisdiction exists, in the United States District Court for the Northern District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens. E. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. F. The Contractor shall proceed diligently with its performance as directed by the County, regardless of any pending Claim, action, suit or administrative proceeding, unless

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otherwise agreed to by the County in writing. The County shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. Section 17. Other Work A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to the County and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. B. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County, if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Design Professional and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or the COUNTY), Contractor shall inspect and promptly report to Design Professional in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. Section 18. Indemnification and Insurance A. Contractor agrees to hold harmless, indemnify, and defend or, at the option of the County, pay the cost of defense, the County and its representative from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the Work done by Contractor under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted by Contractor or resulting from the use by Contractor, or by any one for whom Contractor is legally liable, of any

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materials, tools, machinery or other property of the County. This provision is intended to apply even if the injury or damage is caused in whole or in part by any act, omission or default of the County or Design Professional or their consultants, agents, officers and employees. The County and Contractor agree the first $100.00 of the Contract Amount paid by the County to Contractor shall be given as separate consideration for this indemnification, and any other indemnification of the County by Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's execution of the Agreement. The Contractor's obligation under this provision shall not be limited in any way by the agreed upon Contract Amount as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection. B. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance Requirements attached to this Agreement as Exhibit F. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies which are registered with the State of Florida. Within fifteen (15) calendar days after Notice of Award is received by Contractor, Contractor shall provide the County with properly executed Certificates of Insurance to evidence Contractor's compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by the County. The Certificates of Insurance shall be personally, manually signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, with proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to the County, on a timely basis, when requested by the County. C. The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given the County of any cancellation, intent not to renew, or reduction in the policies or coverages, except in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. D. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County applicable to this Project. The acceptance by the County of any Certificate of Insurance does not constitute approval or agreement by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No work shall commence at the Project site unless and until the required Certificates of Insurance are received by the County. E. The Contractor will be fully responsible for all acts and omissions of his subcontractors and of persons directly or indirectly employed by them and of persons for whose acts they may be liable to the same extent that they are employed by him. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and the County.

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The County may, upon request, furnish to any subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. F. Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in the Insurance Requirements attached to this Agreement, unless such insurance requirements for the subcontractor is expressly waived in writing by the County. All liability insurance policies, other than professional liability, worker's compensation, employer's liability and business auto liability policies, obtained by Contractor to meet the requirements of the Contract Documents shall name the County and Design Professional as additional insureds and shall contain severability of interest provisions. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and, if requested by the County, certified, true copies of the renewal policies, shall be furnished by Contractor within thirty (30) days prior to the date of expiration. G. Should at any time the Contractor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. H. Contractor shall submit to Design Professional a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by Contractor under the Contract Documents. I. The United States government is not a party to this Agreement and shall not be subject to any obligations or liabilities created by or arising from this Agreement. The United States government expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or the Award, or any other losses resulting in any way from the performance of this Agreement or the Award. This Agreement does not in any way constitute an agency relationship between the United States and the Contractor. The Contractor shall include the preceding paragraph is every subcontract entered into pursuant to this Agreement. Section 19. Compliance with Laws A. Contractor must comply, at its own expense, and require each of its subcontractors employed in the completion of the Project to comply with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety, and the following non-exclusive list of federal regulations and requirements, which are incorporated herein by reference:

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A.1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements

for Federal Awards, 2 C.F.R. Part 200, Subparts A through F, and any Treasury regulations incorporating these requirements;

A.2. Treasury’s RESTORE Act regulations, 31 C.F.R. Part 34; A.3. Governmentwide Debarment and Suspension, 31 C.F.R. Part 19; A.4. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20; A.5. New Restrictions on Lobbying, 31 C.F.R. Part 21; A.6. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170; A.7. Award Term related to Trafficking in Persons, 2 C.F.R. Part 175; and A.8. Federal Fair Labor Standards Act, 29 CFR part 201). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County and Design Professional in writing. B. The Contractor must comply and require each of its subcontractors employed in the completion of the Project to comply with all federal statutes, federal regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, RESTORE Act Financial Assistance Standard Terms and Conditions, 2 CFR Part 200, Program-Specific Terms and Conditions, and any Special Award Conditions provided in the Award, which is attached to this Agreement as Exhibit J, as applicable. Specifically, Contractor shall comply and require each of its subcontractor to comply with the contract clause provisions provided in Exhibit I, which is hereby incorporated herein by reference. Section 20. Cleanup and Protections A. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by the County. B. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work, and the Contractor shall bear the cost of any such restorations. C. If the Contractor fails to clean up as provided in the Contract Documents, the

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County may do so and the cost thereof shall be deducted from the final payment due the Contractor. Section 21. Assignment A. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Section 22. Permits, Licenses and Taxes A. Pursuant to Section 218.80, F.S., the County will pay for all County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work. Contractor is not responsible for paying for permits issued by the County wherein the work is to be performed, but is responsible for acquiring all permits. The County may require the Contractor to deliver internal budget transfer documents to applicable County agencies when the Contractor is acquiring permits. B. All permits, fees and licenses necessary for the prosecution of the Work which are issued by an agency other than the County shall be acquired and paid for by the Contractor. The Contractor and his sureties, together with his officers, agents, and employees, shall protect and hold the County harmless against any and all demands made for such fees or claims brought or made by holder of any invention or patent. C. The Contractor shall be fully responsible for the execution and adherence to all directives, instructions, conditions, special conditions, and limiting conditions contained in permits specifically issued for the Work and which pertain to or affect the construction phase of this project, and shall be solely responsible for issuance of any Notices required thereby. Section 23. Termination for Default A. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for the County to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the County or the Design Professional or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents.

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B. The County shall notify Contractor in writing of Contractor's default(s). If the County determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then the County, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which the County, in its sole discretion, may choose. C. If the County deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by the County incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to the County on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the County to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or the County, as the case may be, shall be approved by the Design Professional, upon application, and this obligation for payment shall survive termination of the Agreement. D. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by the County in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. E. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that the County is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against the County shall be the same as and limited to those afforded Contractor under Section 24 below. Section 24. Termination for Convenience and Right of Suspension A. The County shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or

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further recovery against the County, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. B. The County shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. Section 25. Completion A. When the entire Work (or any portion thereof designated in writing by the County) is ready for its intended use, Contractor shall notify the County and Design Professional in writing that the entire Work (or such designated portion) is substantially complete and request that Design Professional issue a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion). Within a reasonable time thereafter, the County, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If the County and Design Professional do not consider the Work (or designated portion) substantially complete, Design Professional shall notify Contractor in writing giving the reasons therefor. If the County and Design Professional consider the Work (or designated portion) substantially complete, Design Professional shall prepare and deliver to Contractor a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. The County shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but the County shall allow Contractor reasonable access to complete or correct items on the tentative punch list. The risk of loss for the Project and the Work performed thereon shall not pass to the County until the Certificate of Substantial Completion (or Partial Substantial Completion) is approved by the Design Professional. B. Within fourteen (14) calendar days of receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Design Professional will make such inspection and, if he finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that, on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) the Release and Affidavit in the form attached, (2) consent of surety to final payment, (3) all required As-Builts, shop drawings and other submittals; and (4) if required by the County, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated

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by the County. The County reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued his recommendations. Unless and until the County is completely satisfied, neither the final payment nor the retainage shall become due and payable. C. Prior to final payment, the Design Professional may request the Contractor to permit the use of a specified part of the Project which the County believes it may use without significant interference with construction of the other parts of the Project. If the Contractor agrees, he will certify to the Design Professional that said part of the Project is Substantially Complete and request the Design Professional to issue a Certificate of Substantial Completion for that part of the Project. Within fourteen (14) calendar days thereafter, the Design Professional and the Contractor will make an inspection of that part of the Project to determine its status of completion. If the County considers that part of the Project to be Substantially Complete, the Design Professional will deliver to the Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, and listing the punch list of items to be completed or corrected before final payment and fixing the responsibility between the County and the Contractor for maintenance, heat and utilities as to that part of the Project. The County shall have the right to exclude the Contractor from any part of the Project which is so certified to be Substantially Complete but the County will allow the Contractor reasonable access to complete or correct items on the punch list. Section 26. Warranty A. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. B. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. C. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for progress payment, whether incorporated in the Project or not, will be passed to the County prior to the next application for progress payment, free and clear of all liens, claims, security interest and encumbrances; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project

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subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. Section 27. Tests and Inspections. A. The County, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Design Professional with timely notice of readiness of the Work for all required inspections, tests or approvals. B. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. When any portion of the Work subject to inspection is ready for such, the Contractor shall provide the Design Professional forty-eight (48) hours’ notice prior to the inspection. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Design Professional and the County. C. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Design Professional, such work must, if requested by Design Professional, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Design Professional timely notice of Contractor's intention to cover the same and Design Professional has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Design Professional, such Work must, if requested by Design Professional, be uncovered for Design Professional's observation and be replaced at Contractor's sole expense. D. The County shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by the County in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. E. Neither observations nor other actions by the Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Section 28. Defective Work A. Work not conforming to the requirements of the Contract Documents in the sole judgment of the Design Professional shall be deemed defective Work. If required by the County or Design Professional, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by the County or Design Professional, remove it from the site and replace it with conforming Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but

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not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. B. If the County or Design Professional consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at the County's or Design Professional's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or Design Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. C. If any portion of the Work is defective, or Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or Design Professional may order Contractor to stop the Work, or any portion thereof, until the cause for such stop in the work has been eliminated; however, this right of the County and Design Professional to stop the Work shall not give rise to any duty on the part of the County or Design Professional to exercise this right for the benefit of Contractor or any other party. D. Should the County determine, in its sole opinion, that it is in the County's best interest to accept defective Work, the County may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such defective Work after final payment, Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the defective Work. E. If Contractor fails, within a reasonable time after the written notice from the County or Design Professional, to correct defective Work or to remove and replace rejected defective Work as required by Design Professional or the County, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which the County has paid Contractor but which are stored elsewhere. Contractor shall allow the County, Design Professional and their respective representatives, agents, and employees

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such access to the Project site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder. Section 29. Supervision and Superintendents A. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to the County and Design Professional except under extraordinary circumstances. The superintendent shall be Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The County shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Section 30. Protection of Work A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or the County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger said Work or property. C. Contractor shall not disturb any benchmark established by the Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Design Professional's benchmarks, Contractor shall immediately notify the County and Design Professional. The Design Professional shall reestablish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Section 31. Emergencies

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A. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from the County or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Design Professional written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Design Professional determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Section 32. Use of Premises

A. The County will furnish, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands which entail the Project Site upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment unless designated otherwise.

B. The Contractor shall be responsible for staging, protecting, and storing equipment or

materials. Contractor shall confine all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. Section 33. Safety A. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

A.1. All employees on the Work and other persons and/or organizations who may be affected thereby; A.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and A.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents.

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B. Contractor and all subcontractors shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, including the Occupational Safety and Health Act of 1970 (29 CFR Part 1910), as it may be amended, which provisions are incorporated herein by reference. The Contractor retains full responsibility to monitor its compliance and its subcontractors’ compliance with the Occupational Safety and Health Act of 1970 (29 CFR Part 1910) and all other applicable codes, laws, ordinances, rules and regulations. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by the County has occurred. C. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the County. County shall have the right to direct Contractor to remove and replace this individual, with or without cause. Section 34. Project Meetings A. Prior to the commencement of Work, the Contractor shall attend a preconstruction conference with the Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. B. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Design Professional or the County with respect to the Project, when directed to do so by the County or Design Professional. Contractor shall have its subcontractors and suppliers attend all such meetings (including the preconstruction conference) as may be directed by the County or Design Professional. Section 35. Records and Documents A. Contractor shall keep all records and supporting documentation, including electronic records, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Records for real property and equipment acquired for the Project, if any, must be retained for a minimum of five (5) years after final disposition. The County, or any duly authorized agents or representatives of the County, the State or the Federal government, shall have the right of timely and unrestricted access to all records and supporting documentation for purposes of audit, excerpts, transcripts, inspection and copying, investigation, and examination as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. The County and its

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designee, the State, and the Federal Government shall have the right during normal business hours to conduct announced and unannounced onsite and offsite physical visits of the Contractors corresponding to the duration of their records retention obligation. This right also includes timely and reasonable access to the Contractor’s personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are retained. If any litigation, claim, investigation, or audit relating to this Project is started before the expiration of the five-year period, the records must be retained until all litigation, claims, investigations, or audit findings involving the records have been resolved and final action taken. B. In addition to other requirements provided herein, Contractor shall comply with

public records laws embodied in chapter 119, Florida Statutes, and specifically shall: B.1. Keep and maintain public records required by the County in order to perform the

Scope of Services identified herein. B.2. Upon request from the County provide the County with any requested public

records or allow the requested records to be inspected or copied within a reasonable time by the County.

B.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 Agreement term and thereafter if the Contractor does not transfer all records to the County.

B.4. Transfer, at no cost, to County all public records in possession of the Contractor

upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. If the Contractor keeps and maintains public records upon the conclusion of this Agreement, the Contractor shall meet all applicable requirements for retaining public records that would apply to the County.

C. If Contractor does not comply with a public records request, the County shall treat

that omission as breach of this Agreement and enforce the contract provisions accordingly. Additionally, if the Contractor fails to provide records when requested, the Contractor may be subject to penalties under section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees.

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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 926-0919, [email protected], 3093 CRAWFORDVILLE HIGHWAY, CRAWFORDVILLE, FL, 32327.

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Section 36. Audit

A. The County and its designee, the State or Federal government shall have the right from time-to-time at its sole expense to audit the compliance by the Contractor and such right shall extend for a period of three (3) years after termination of this Agreement.

B. The Contractor shall maintain accurate and complete financial records of its

activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor shall also maintain accurate and complete employment and other records relating to its performance of this Agreement. Contractor agrees that County, or its authorized representatives, the Government Accountability Office, the Comptroller General of the United State, FEMA or any of their duly authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement. All financial records, timecards and other employment records, and proprietary data and information shall be kept and maintained by Contractor and made available to the County during the terms of this Agreement and for a period of three (3) years from the date set forth in 2 CFR §200.333. All such materials shall be maintained by Contractor at its principle locations, provided that if any such material is located outside Wakulla County, then, at County’s option Contractor shall pay County for travel, per diem, and other costs incurred by County to examine, audit, excerpt, copy or transcribe such material at such other location. The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal working business hours at the Contractor’s place of business.

C. In the event that an audit is conducted by Contractor specifically regarding this

Agreement by any Federal or State auditor, or by any auditor or accountant employed by Contractor, then Contractor shall file a copy of the audit report with the County’s Auditor within thirty (30) days of Contractor’s receipt thereof, unless otherwise provided by applicable Federal or State law. County shall make a reasonable effort to maintain the confidentiality of such audit report(s).

D. Failure on the part of Contractor to comply with the provisions of this Section 36

shall constitute a material breach upon which the County may terminate or suspend this Agreement.

E. If, at any time during or after the term of this Agreement, representatives of the

County conduct an audit of Contractor regarding the work performed under this Agreement, and if such audit finds that County’s dollar liability for any such work is less than payments made by County to Contractor, then the difference shall be either repaid by Contractor to County by cash payment upon demand or, at the sole option of County, deducted from any amounts due to Contractor from County. If such audit finds that County’s dollar liability for such work is more than the payments made by County to Contractor, then the difference shall be paid to Contractor by cash payment. Section 37. Exhibits Incorporated.

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The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement:

A. Legal Advertisement B. Invitation to Bid C. Bid Proposal with required forms D. Performance Bond E. Public Payment Bond F. Insurance Requirements, including certificates of insurance G. Form of Release and Affidavit H. Change Order Form I. Contract Clauses

Section 38. Notices. A. All notices required or made pursuant to this Agreement by the Contractor to the County shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Wakulla County Administrator

3093 Crawfordville Highway Crawfordville, Florida 32327

With a copy to: Brandy King

Wakulla County Board of County Commissioners 3093 Crawfordville Highway Crawfordville, Florida 32327

Engineer of Record (not applicable for this ITB)

B. All notices required or made pursuant to this Agreement by the County to Contractor shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, or by Federal Express, addressed to the following: Corporate Name of Contractor: ____________________________________________

Address (including city, state and zip): ____________________________________________

____________________________________________

Name of person with their title to whose

Attention the notice should be sent: _____________________________________________

Telephone and Fax numbers: _____________________________________________

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C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 39. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 40. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 41. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 42. No Waiver. The failure of the County to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 43. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 44. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below, and it shall be effective the latest of the dates below. CONTRACTOR: _________________________________________________________________ (Company Name) ATTEST: By: ________________________________ (Signature) _________________________ (Printed) Its: ________________________________ (Title) Date: ______________________________ Witness: Its: __________________ President/Corporate Secretary/Witness Date:

__________________________ [Corporate Seal] ____________________________ 2nd Witness (if not incorporated) OWNER: Board of County Commissioners of Wakulla County, Florida (SEAL) By:____________________________ Chairman Clerk: __________________________ Date: __________________________ ________________________________ Approved as to Form and Content: ________________________________

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County Attorney

EXHIBIT A LEGAL ADVERTISEMENT

EXHIBIT B INVITATION TO BID

EXHIBIT C BID RESPONSE WITH REQUIRED FORMS

EXHIBIT D PERFORMANCE BOND

BOND NO.________________ KNOW ALL MEN BY THESE PRESENTS: That _____________________________________ _____________________________________, as Principal, whose principal business address is ______________________________________________________________________________ and phone number is ___________________________________________, and ____________________________________________________, as Surety, whose principal address is_____________________________________________________________________

_____________________________________________________________________________

and phone number is: _______________________________________________________ are held and firmly bound to Wakulla County, Florida (the "COUNTY"), as Obligee in the sum of:_______________________________________________________________________ _____________________________________________________________________________

($_______________________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the _______ day of ________________, 20____, with Obligee for _________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________________WAKULLA COUNTY Project No.:____________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees, including appellate proceedings, that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This bond is intended to comply with provisions of Section 255.05, Florida Statutes, and all terms and conditions of said statute are incorporated herein by reference thereto, specifically including but not limited to the notice and time limitation provisions of said section. In the event of any conflict, ambiguity or discrepancy between Section 255.05, Florida Statutes, and this Bond, Florida Statutes shall control. No right of action shall accrue on this Bond to or, for the use of any person or entity other than the COUNTY and those persons or corporations provided for by said statute, their heirs, executors, administrators, successors or assigns.

It is further agreed and understood that if the COUNTY is required to initiate legal

proceedings to recover on this Bond, the COUNTY may also recover its costs relating there to, including a reasonable amount for its attorney’s fees and legal assistant’s fees before trial, at trial, on appeal and in bankruptcy.

IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ___________________,20____, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: _________________________________________________________________ (Company Name of Contractor) By:_________________________________________(Officers Signature) ____________________________________________ (Officers Name Printed)

Witnesses as to Principal Name:_______________________________ (Signature) Its:_______________________________ (Title)

STATE OF ______________________________ COUNTY OF ____________________________ The foregoing instrument was acknowledged before me this ________day of _______________, 20 ______, by _________________________________________________(officer’s name), as

__________________________ (title) of _____________________________________________ (company name), a(n)____________ (state) corporation, on behalf of the corporation. He/she is personally known to me OR has produced _______________________ as identification and did (did not) take an oath. My Commission Expires: _____________________________ Signature of Notary :__________________________________ (Legibly Printed) __________________________________ (AFFIX OFFICIAL SEAL) Notary Public, State of__________ Commission No. ____________________ ATTEST: SURETY: ____________________________________________________________ (Printed Company Name) _____________________________________________________________

_____________________________________________________________

(Business Address) ________________________________ ________________________ (Surety Authorized Signature) (Printed Name) Witness as to Surety ______________________________(Signature) ___________________________(Printed Name)

OR _______________________________ ______________________________ As Attorney in Fact (Signature) (Printed Name) (Attach Power of Attorney) Witnessed by: _____________________________ ______________________ (Signature) (Printed Name)

______________________________________ _________________________

(Business Address) (Telephone Number)

STATE OF ____________ COUNTY OF ___________ The foregoing instrument was acknowledged before me this ______day of _____________, 20____, by____________________________ (officer’s name), as___________________________ (title) of ___________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________________ as identification and who did (did not) take an oath.

My Commission Expires: _____________________________ Signature of Notary :__________________________________ (Legibly Printed) __________________________________ (AFFIX OFFICIAL SEAL) Notary Public, State of__________ Commission No. ____________________

EXHIBIT E PUBLIC PAYMENT BOND

BOND No. _______________________ KNOW ALL MEN BY THESE PRESENTS: That_____________________________________ _____________________________________, as Principal, whose principal business address is: ______________________________________________________________________________and phone number and fax numbers are: _____________________________________________ and ____________________________________________________________, as Surety, whose principal address is: ____________________________________________________________________________________________________________________________________________________________ and phone number and fax numbers are: ______________________________________ are held and firmly bound to WAKULLA COUNTY, FLORIDA (the "COUNTY") as Obligee in the sum of____________________________________________________________________________ ________________________________________________________ ($___________________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____ day of _________, 20___, with Obligee for __________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and this referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _____________, 20___, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of:

PRINCIPAL: ___________________________________________________________ (Company Name of Contractor) By:_______________________________________ (Officer’s Signature) _______________________________________ (Officer’s Name Printed) Witnesses as to Principal Name:_____________________________ (Signature) Its:_____________________________ (Title) STATE OF ________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this ___day of ______________,

20_____, by_______________________________________________ (officer’s name), as

_________________________________ (title) of __________________________________, a

____________corporation, on behalf of the corporation. He/she is personally known to me OR

has produced__________________ as identification and did (did not) take an oath.

My Commission Expires: ______________________________

Signature of Notary: _____________________________________

(Legibly Printed) _____________________________________


Commission No.:____________

ATTEST: SURETY: ________________________________________________________ (Printed Company Name) ________________________________________________________ ________________________________________________________ (Business Address) _________________________________________ ______________________________ (Surety Authorized Signature) (Printed Name) Witness as to Surety: ______________________________ (Signature) ______________________________(Printed Name) OR

__________________________________ ______________________________ As Attorney in Fact (Signature) (Printed Name) (Attach Power of Attorney) Witnessed by: __________________________ ______________________________ (Signature) (Printed Name)

______________________________

______________________________ (Business Address) _______________________________ (Telephone Number) STATE OF ____________ COUNTY OF ___________ The foregoing instrument was acknowledged before me this ____day of _____________, 20 __, by________________________________ (officer’s name), as_______________________ (title) of__________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________________ as identification and who did (did not) take an oath.

My Commission Expires: ____________

Signature of Notary: ____________________________

(Legibly Printed) ____________________________


Commission No:__________________

EXHIBIT F INSURANCE REQUIREMENTS

CERTIFICATES OF INSURANCE (1) The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss of use resulting there from -- any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. (4) The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies, which contain the following information and provisions: (A) The name and type of policy and coverages provided; (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage; (D) The designation of the COUNTY as an additional insured and a certificate holder.

(This requirement may be excepted for Worker's Compensation and professional liability Insurance.);

(E) The following clause must appear on the Certificate of Insurance: Should any material change occur in any of the above described policies or should any of said policies be canceled before the expiration date thereof, the issuing company will mail at least thirty (30) days written notice to the COUNTY. (5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be considered justification for the COUNTY to terminate the Agreement.

(6) Contractor shall include the COUNTY, the COUNTY's agents, officers and employees in the Contractor's General Liability and Automobile Liability policies as additional insureds. (7) If the COUNTY has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, the COUNTY shall notify Contractor in writing thereof within thirty (30) days of the delivery of such certificates to the COUNTY. Contractor shall provide to the COUNTY such additional information with respect to its insurance as may be requested. (8) The Contractor shall obtain and maintain the following insurance coverages as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements: WORKER'S COMPENSATION State: Statutory Applicable Federal: Statutory Employer's Liability: $1,000,000.00 COMPREHENSIVE GENERAL LIABILITY Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence Comprehensive General Liability Insurance shall include: Contractual Liability, Explosion, Collapse and Underground Coverages and Products and

Completed Operations Coverages. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence

Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos.

EXHIBIT G RELEASE AND AFFIDAVIT

COUNTY OF________________ STATE OF FLORIDA Before me, the undersigned authority, personally appeared ___________________________ _________________________________________, who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $_______________ paid, ___________________________________________________________ ("Contractor") releases and waives for itself and its subcontractors, materialmen, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against Wakulla County, Florida (the "COUNTY"), its Board of County Commissioners, employees and agents relating in any way to the performance of the Agreement between Contractor and the COUNTY, dated _______________, ____, for the period from ________________ to __________________. (2) Contractor certifies for itself and its subcontractors, materialmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which the COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless the COUNTY, its Board of County Commissioners, employees and agents from all demands or suits, actions, claims of liens or other charges filed or asserted against the COUNTY arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._____. CONTRACTOR: ___________________________________________________________________________ By: ____________________________________ (signature of the executive officer) Its:_____________________________________ (title of the executive officer) Date:___________________________

Witnesses ____________________________ _____________________________ [Corporate Seal] STATE OF _____________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this ______ day of _______________, _______, by _______________________, as ____________________ of ____________________________________, a _______________ corporation, on behalf of the corporation. He/she is personally known to me or has produced ________________ ____________________________ as identification and did (did not) take an oath. My Commission Expires: _______________________________________ (Signature of Notary) Name:__________________________________ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of________________ Commission No.:________________________

EXHIBIT H CHANGE ORDER FORM

CHANGE ORDER NO. WAKULLA COUNTY PROJECT NO. TO: ______________________________ ______________________________ ______________________________ DATE: ________________ PROJECT NAME: _________________________________________

Wakulla County Project No. _____________

Under our AGREEMENT dated________________________. ****************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: ____________________________________________________________________________________________________________________________________________________________ FOR THE ADDITIVE or DEDUCTIVE Sum of: ______________________________($______________________). Original Agreement Amount $ Sum of Previous Changes $ This Change Order ADD/DEDUCT $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by _______ calendar days due to this

Change Order. Accordingly, the Contract Time is now ____________ (_____) calendar days and the final completion date is ______________. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs.

Accepted: ____________________ , 20____ .

WAKULLA COUNTY, FLORIDA CONTRACTOR By:________________________ By:___________________________ Chair President DESIGN PROFESSIONAL: By:___________________________ Consulting Engineer

EXHIBIT I CONTRACT CLAUSES

Non-Discrimination Requirements During the performance of this contract, the Contractor will comply with all requirements summarized below and ensure that all subcontractors comply with and all subcontracts contain these requirements:

(1) Statutory Provisions a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on the

grounds of race, color, or national origin under programs or activities receiving federal financial assistance; b. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits discrimination on the

basis of sex under federally assisted education programs or activities; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) prohibits discrimination on

the basis of handicap under any program or activity receiving or benefitting from federal assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), prohibits discrimination on

the basis of age in programs or activities receiving federal financial assistance; e. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.) (“ADA”), including

the ADA Amendments Act of 2008 (Public Law 110-325, (“ADAAA”), prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation.

f. Any other applicable non-discrimination law(s).

(2) Regulatory Provisions a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title VI of the Civil Rights Act of 1964, as

amended (42 U.S.C. §§ 2000d, et seq.) which prohibits discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance;

b. Treasury Title IX regulations, 31 Part 28, implement Title IX of the Education Amendments of 1972 (20

U.S.C. §§ 1681 et seq.) which prohibits discrimination on the basis of sex under federally assisted education programs or activities.

(3) Other Provisions a. Parts II and III of EO 11246 (30 Fed. Reg. 12319, 1965), “Equal Employment Opportunity,” as amended

by EO 11375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), require federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of EO 11246 and Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-1.4(b), 1991).

b. EO 13166 (August 11, 2000), “Improving Access to Services for Persons With Limited English

Proficiency,” requires federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them.

(4) Title VII Exemption for Religious Organizations Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., provides that it shall be an

unlawful employment practice for an employer to discharge any individual or otherwise to discriminate against an

individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibition against discrimination on the basis of religion, a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

(5) Protections for Whistleblowers In accordance with 41 U.S.C. § 4712, neither the contractors (vendors) or subcontractors may discharge,

demote, or otherwise discriminate against an employee as a reprisal for disclosing information to a person or entity listed below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant:

a. A Member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Treasury employee responsible for contract or grant oversight or management; e. An authorized official of the Department of Justice or other law enforcement agency; f. A court or grand jury; and/or g. A management official or other employee of the recipient, subrecipient, vendor, contractor (vendor), or

subcontractor who has the responsibility to investigate, discover, or address misconduct. Equal Employment Opportunity During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective







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bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives 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 rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance 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 paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a subcontractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. Davis Bacon During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: (1)Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act ( 29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during















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such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)

(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable

relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or

their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs

(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes

a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider

as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2)Withholding. The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any





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laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3)Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)

A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the

contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided

under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee)


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employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and

fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of

Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor

to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section

available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4)Apprentices and trainees –

(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

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predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii)Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part

shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5)Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Copeland “Anti-Kickback” Act Clause During the performance of this contract, the Contractor will comply with all requirements below and ensure that all








































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subcontractors comply with and all subcontracts contain these requirements: (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the 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. (3) 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. Contract Work Hours and Safety Standards Clause During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: (1)Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3)Withholding for unpaid wages and liquidated damages. The County 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 (2) of this section. (4)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section 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 paragraphs (1) through (4) of this section. Debarment and Suspension Status The Contractor shall verify that no subcontractors or principals of subcontractors appear on the federal government’s Excluded Parties List prior to executing an agreement or contract with that entity. The Contractor may not contract with an entity or that entity’s principals if that entity or any of its principals appears on the Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov. The Award, which is included in Exhibit J, and this Project which is funded at least in part by that Award is subject to 31 C.F.R. Part 19. Drug Free Workplace The contractor must comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 8102), Treasury implementing regulations at 31 C.F.R. Part 20, and Section 112.0455, Florida Statutes, which require that the County take steps to provide a drug-free workplace. The Contractor will ensure that all subcontractors comply with these requirements and all subcontracts contain these requirements. Lobbying Restrictions During the performance of this contract, the Contractor will comply with all requirements below and ensure that all



















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subcontractors comply with and all subcontracts contain these requirements: (1) Statutory Provisions The Contractor must comply with the provisions of 31 U.S.C. § 1352 and regulations at 31 C.F.R. Part 21. No appropriated funds may be expended by the recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the extension, continuation, renewal, amendment, or modification of any Federal grant. (2) Disclosure of Lobbying Activities The Contractor must disclose lobbying activities by submitting a completed Form SF-LLL, "Disclosure of Lobbying Activities," regarding the use of non-federal funds for lobbying. The Contractor and all subcontractors, at any tier, who receives a contract or subcontract exceeding $100,000 under the Award, shall file with the tier above them a certifications, set forth in Appendix A of 31 C.F.R. Part 21, that the contractor or subcontractor has not made, and will not make, any payment prohibited by 31 U.S.C. § 1352, as amended. Pursuant to 31 C.F.R. 21.100(d), the certification shall be filed to the next tier above. The Form SF-LLL must be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Form SF-LLL must be submitted from subcontractor to contractor until received by the County. The County will submit the Forms SF-LLL, including those received from Contractors and subcontractors, to Treasury within 30 days following the end of the calendar period. Every certification filed shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared with any tier to which the erroneous representation if forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification. If a person fails to file a required certification, the United States may pursue all available remedies, including those authorized by 31 U.S.C. § 1352. The Award, which is included in Exhibit J, and this Project which is funded at least in part by that Award is subject 31 U.S.C § 1352. Prohibited and Criminal Activities During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: a. The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3812), provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the federal government for money (including money representing grants, loans or other benefits). b. False Statements, as amended (18 U.S.C. §1001) provides that whoever makes or presents any materially false, fictitious, or fraudulent statements to the United States shall be subject to imprisonment of not more than five years. c. False, Fictitious, or Fraudulent Claims, as amended (18 U.S.C. § 287) provides that whoever makes or presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to imprisonment of not more than five years and shall be subject to a fine in the amount provided in 18 U.S.C. § 287. d. False Claims Act, as amended (31 U.S.C. 18 U.S.C. § 3729 et seq.), provides that suits under this act can be brought by the federal government, or a person on behalf of the federal government, for false claims under federal assistance programs. e. Copeland “Anti-Kickback” Act, as amended (18 U.S.C. § 874 and 40 U.S.C. § 276c), prohibits a person or organization engaged in a federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract. The Copeland “Anti-Kickback” Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145. Goals for Women and Minorities in Construction During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements:

Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all federally assisted construction contracts in excess of $10,000. The Contractor must comply with these regulations and must obtain compliance with 41 CFR 60-4 from subcontractors employed in the completion of the Project by including such notices, clauses and provisions in any subcontract procurements as required by 41 CFR 60-4. The goal for participation of women in each trade area must be as follows: a. From April 1, 1981, until further notice: 6.9 percent; b. All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 604.6, or any successor regulations, must hereafter be incorporated by reference into these Special Award Conditions; and, c. Goals for minority participation must be as prescribed by Appendix B-80, Federal Register, Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient must include the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” (or cause them to be included, if appropriate) in all federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-6. The Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Clean Air Act and Federal Water Pollution Control Act Clause During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Maximize Use of Recovered/Recycled Materials During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: The Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 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 by 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. Byrd Anti-Lobbying Amendment During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for

influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Standard Patent Rights If this Agreement is for the performance of experimental, developmental, or research work that is funded in whole or in part by the Federal Government, then the following provisions shall apply: (a) Definitions (1)Invention means any invention or discovery which is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act ( 7 U.S.C. 2321et seq.). (2)Subject invention means any invention of the contractor conceived or first actually reduced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance. (3)Practical Application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms. (4)Made when used in relation to any invention means the conception or first actual reduction to practice of such invention. (5)Small Business Firm means a small business concern as defined at section 2 of Pub. L. 85-536 ( 15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this clause, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be used. (6)Nonprofit Organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. 501(c) and exempt from taxation under section 501(a) of the Internal Revenue Code ( 25 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute. (7) The term statutory period means the one-year period before the effective filing date of a claimed invention during which exceptions to prior art exist per 35 U.S.C. 102(b) as amended by the Leahy-Smith America Invents Act, Public Law 112-29. (8) The term contractor means any person, small business firm or nonprofit organization, or, as set forth in section 1, paragraph (b)(4) of Executive Order 12591, as amended, any business firm regardless of size, which is a party to a funding agreement. (b) Allocation of Principal Rights The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. (c) Invention Disclosure, Election of Title and Filing of Patent Application by Contractor (1) The contractor will disclose each subject invention to the Federal Agency within two months after the inventor discloses it in writing to contractor personnel responsible for patent matters. The disclosure to the agency shall be in the form of a written report and shall identify the contract under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the Contractor will promptly notify the agency of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the contractor. (2) The contractor will elect in writing whether or not to retain title to any such invention by notifying the Federal agency within two years of disclosure to the Federal agency. However, in any case where a patent, a printed




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publication, public use, sale, or other availability to the public has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period. (3) The contractor will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the contractor files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The contractor will file patent applications in additional countries or international patent offices within either ten months of the first filed patent application or six months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and contractor co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the contractor, may file such application at its own expense, provided that the contractor retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agency, be granted. When a contractor has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the contractor within 60 days of receiving the request. (d) Conditions When the Government May Obtain Title The contractor will convey to the Federal agency, upon written request, title to any subject invention - (1) If the contractor fails to disclose or elect title to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain title. (2) In those countries in which the contractor fails to file patent applications within the times specified in paragraph (c) of this clause; provided, however, that if the contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the Federal agency, the contractor shall continue to retain title in that country. (3) In any country in which the contractor decides not to continue the prosecution of any non-provisional patent application for, to pay a maintenance, annuity or renewal fee on, or to defend in a reexamination or opposition proceeding on, a patent on a subject invention. (e) Minimum Rights to Contractor and Protection of the Contractor Right to File (1) The contractor will retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, except if the contractor fails to disclose the invention within the times specified in (c), above. The contractor's license extends to its domestic subsidiary and affiliates, if any, within the corporate structure of which the contractor is a party and includes the right to grant sublicenses of the same scope to the extent the contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of the Federal agency except when transferred to the sucessor of that party of the contractor's business to which the invention pertains. (2) The contractor's domestic license may be revoked or modified by the funding Federal agency to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR part 404 and agency licensing regulations (if any). This license will not be revoked in that field of use or the geographical areas in which the contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the funding Federal agency to the extent the contractor, its licensees, or the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. (3) Before revocation or modification of the license, the funding Federal agency will furnish the contractor a written notice of its intention to revoke or modify the license, and the contractor will be allowed thirty days (or such other time as may be authorized by the funding Federal agency for good cause shown by the contractor) after the notice to show cause why the license should not be revoked or modified. The contractor has the right to appeal, in accordance with applicable regulations in 37 CFR part 404 and agency regulations (if any) concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of the license. (f) Contractor Action to Protect the Government's Interest (1) The contractor agrees to execute or to have executed and promptly deliver to the Federal agency all instruments necessary to (i) establish or confirm the rights the Government has throughout the world in those subject inventions











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to which the contractor elects to retain title, and (ii) convey title to the Federal agency when requested under paragraph (d) above and to enable the government to obtain patent protection throughout the world in that subject invention. (2) The contractor agrees to require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the contractor each subject invention made under contract in order that the contractor can comply with the disclosure provisions of paragraph (c) of this clause, to assign to the contractor the entire right, title and interest in and to each subject invention made under contract, and to execute all papers necessary to file patent applications on subject inventions and to establish the government's rights in the subject inventions. This disclosure format should require, as a minimum, the information required by paragraph (c)(1) of this clause. The contractor shall instruct such employees through employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. (3) For each subject invention, the contractor will, no less than 60 days prior to the expiration of the statutory deadline, notify the Federal agency of any decision: Not to continue the prosecution of a non-provisional patent application; not to pay a maintenance, annuity or renewal fee; not to defend in a reexamination or opposition proceeding on a patent, in any country; to request, be a party to, or take action in a trial proceeding before the Patent Trial and Appeals Board of the U.S. Patent and Trademark Office, including but not limited to post-grant review, review of a business method patent, inter partes review, and derivation proceeding; or to request, be a party to, or take action in a non-trial submission of art or information at the U.S. Patent and Trademark Office, including but not limited to a pre-issuance submission, a post-issuance submission, and supplemental examination. (4) The contractor agrees to include, within the specification of any United States patent applications and any patent issuing thereon covering a subject invention, the following statement, “This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has certain rights in the invention.” (g) Subcontracts (1) The contractor will include this clause, suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental or research work to be performed by a subcontractor.. The subcontractor will retain all rights provided for the contractor in this clause, and the contractor will not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions. (2) The contractor will include in all other subcontracts, regardless of tier, for experimental developmental or research work the patent rights clause required by (cite section of agency implementing regulations or FAR). (3) In the case of subcontracts, at any tier, when the prime award with the Federal agency was a contract (but not a grant or cooperative agreement), the agency, subcontractor, and the contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and the Federal agency with respect to the matters covered by the clause; provided, however, that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes Act in connection with proceedings under paragraph (j) of this clause. (h) Reporting on Utilization of Subject Inventions The Contractor agrees to submit on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the contractor or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the contractor, and such other data and information as the agency may reasonably specify. The contractor also agrees to provide additional reports as may be requested by the agency in connection with any march-in proceeding undertaken by the agency in accordance with paragraph (j) of this clause. As required by 35 U.S.C. 202(c)(5), the agency agrees it will not disclose such information to persons outside the government without permission of the contractor. (i) Preference for United States Industry Notwithstanding any other provision of this clause, the contractor agrees that neither it nor any assignee will grant to any person the exclusive right to use or sell any subject inventions in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible. (j) March-in Rights The contractor agrees that with respect to any subject invention in which it has acquired title, the Federal agency has






















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the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency to require the contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the contractor, assignee, or exclusive licensee refuses such a request the Federal agency has the right to grant such a license itself if the Federal agency determines that: (1) Such action is necessary because the contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use. (2) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the contractor, assignee or their licensees; (3) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the contractor, assignee or licensees; or (4) Such action is necessary because the agreement required by paragraph (i) of this clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement. (k) Special Provisions for Contracts with Nonprofit Organizations If the contractor is a nonprofit organization, it agrees that: (1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal agency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the contractor; (2) The contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. 202(e) and 37 37 CFR 401.10; (3) The balance of any royalties or income earned by the contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and (4) It will make efforts that are reasonable under the circumstances to attract licensees of subject inventions that are small business firms and that it will give a preference to a small business firm when licensing a subject invention if the contractor determines that the small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business firms; provided, that the contractor is also satisfied that the small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the contractor. However, the contractor agrees that the Federal agency may review the contractor's licensing program and decisions regarding small business applicants, and the contractor will negotiate changes to its licensing policies, procedures, or practices with the Federal agency when the Federal agency's review discloses that the contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(4). In accordance with 37 CFR 401.7, the Federal agency or the contractor may request that the Secretary review the contractor's licensing program and decisions regarding small business applicants. ADA Standards for Accessible Design for Construction Awards During the performance of this contract, the Contractor will comply with all requirements below and ensure that all subcontractors comply with and all subcontracts contain these requirements: The U.S. Department of Justice has issued revised regulations implementing Title II of the ADA (28 C.F.R. Part 35) and Title III of the ADA (28 C.F.R. Part 36). The revised regulations adopted new enforceable accessibility standards called the “2010 ADA Standards for Accessible Design” (2010 Standards). The 2010 Standards are an acceptable alternative to the Uniform Federal Accessibility Standards (UFAS). Treasury deems compliance with the 2010 Standards to be an acceptable means of complying with the Section 504 accessibility requirements for new construction and alteration projects. All new construction and alteration projects must comply with the 2010 Standards.











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https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0be23f17ef1c24b8da3685a8523fb345&term_occur=1&term_src=Title:37:Chapter:IV:Part:401:401.14

Board of County Commissioners Agenda Item


From: J. David Edwards, County Administrator

Sheree T. Keeler, Intergovernmental Affairs & RESTORE Act Director Subject: Request Board Approval of an Updated List of Supported Triumph Gulf Coast,

Inc. Projects Statement of Issue: This agenda item requests Board approval of an updated list of supported Triumph Gulf Coast, Inc. (Triumph) Projects (Attachment 1). Background: On November 6, 2017, the Board approved a list of projects supported for Triumph funding and updated the list on January 8, 2018 (see Attachment 2). Since that time Triumph has awarded funding for the County’s number one priority, the Wakulla County School Board Wakulla Career and Technical Education Center. Additionally, Triumph as requested the County to prioritize pre and post disaster related project priorities as a result of Hurricane Michael, which is covered in a separate agenda item. County staff will also be seeking under a separate agenda item Board approval to schedule a Workshop in February 2019 for an update on Triumph activities, add/delete/revise the supported project lists, establish new priorities and other issues related to Triumph activities. Staff recently received new proposed or revised Triumph projects from two organizations asking that the Board support their projects for Triumph funding. Provided below are the organizations requesting the Board’s recommendation, including a summary of the original project(s) and the revised or new project scope. Wakulla Environmental Institute (WEI): In November 2017, WEI requested Board support of Marine Manufacturing Training Center for designing and constructing a state-of-the-art multi-purpose facility that would function as an auditorium, conference center, manufacturing center, oyster seed hatchery and commercial kitchen for processing local Gulf Coast Seafood products. Funds would be used for professional engineering and architectural services, construction and furnishings. The total project estimated cost was $22.7 million, and WEI was seeking $15 million from Triumph. Since November 2017, WEI has met several times with Triumph staff on their original proposal. Per Mr. Bob Ballard, WEI Executive Director the Triumph staff requested that he withdraw the original proposal and submit a new refined proposal, which includes components of the original proposal.

Request Board Approval of an Updated List of Supported Triumph Gulf Coast, Inc. Projects December 3, 2018 Page 2 Staff only received summary information (see Attachment 3) on each project as follows:

WEI Ocean Shellfish Nursery / Hatchery and Processing Facility that would provide the seed and education to entrepreneurs on how to grow shell fish crops, and provide the basis for safe, fresh shellfish processing to ensure the best product in available to customers worldwide. According to the WEI project summary there is no other facility of this kind available in Florida at an educational institution. Through planned partnerships, this program would offer an unparalleled ability to seed hundreds of entrepreneurs’ operations and process them using revolutionary pasteurization technology. Funds would be used for professional engineering and architectural services, construction and furnishings. WEI is seeking Triumph funds in the amount of $13.5 million. Based on the project summary provided by WEI, it appears to meet the Triumph criteria to provide transferrable workforce skills that are not confined to a single employer. Therefore, staff recommend the Board approve adding this project to its list of supported projects but not as a County priority at this time. This will allow WEI to move forward with the application process. Should Triumph approve funding for this project the agreement will be between Triumph and TCC-WEI and TCC will be fiscal agent. WEI Environmental and Technical Training Center that would provide three distinct and separate training programs with the goal of creating small businesses and preparing talent for in-demand occupations that pay higher than state average wages. The programs would revolve around the three equal spokes of education (job training), conservation and recreation. The three separate programs are as follows and a separate Triumph application will be required for each:

1. Electric and Communication Utilities Training 2. Oyster Boat, Composite, and Mechanics Training 3. Unmanned Vehicle Systems (aka Drones) Training

Funds would be used professional engineering and architectural services, construction and furnishings of the classrooms. Each training is estimated to cost $1.5 million. WEI is seeking $4.5 million in Triumph funds for all three training programs. Based on the project summary provided by WEI, it appears to meet the Triumph criteria to provide transferrable workforce skills that are not confined to a single employer. Therefore, staff recommend the Board approve adding this project to its list of supported projects but not as a County priority at this time. This will allow WEI to move forward with the Triumph application process. Should Triumph approve funding for this project the agreement will be between Triumph and TCC-WEI and TCC will be fiscal agent.

Request Board Approval of an Updated List of Supported Triumph Gulf Coast, Inc. Projects December 3, 2018 Page 3 Panacea Oyster Co-Op Corporation (Co-op) submitted two proposals direct to Triumph without seeking Board support or input. One proposal was seeking $2 million in Triumph funds for land acquisition, professional engineering and architectural services, construction and furnishings to expand and improve its existing Oyster Processing and Ecotourism Facility located at Spring Creek. The other proposal was seeking $1.7 million for land acquisition, professional engineering and architectural services, construction and furnishings to improve and expand its oyster processing and distribution center. Triumph rejected the original proposals as written because they did not appear to meet any of the Triumph eligible criteria for funding. Since November 2017, the Co-op has met several times with Triumph staff on a new proposal and partnered with FAMU. Below is a summary based on the Co-ops proposed project application (see Attachment 4).

Dedicated Program to Expand Oyster Ranching in Wakulla County and Resurrect Aquaculture in Apalachee Bay. This project proposes the utilize property currently owned by the Co-op located in Panacea to develop a dedicated nursery, hatchery, algae farm and expand the Co-ops current post-harvesting operations through the use of innovative live pasteurization and flash freeze technologies. It is anticipated that this expansion could include training, education and support for more than 100 ranchers involving more than 150 acres of state water leases producing more than 190 million oysters per year within 7 years. This project proposes to provide transferable, sustainable workforce skills to participants, with a positive and profound impact especially among minority and disconnected communities with the County. FAMU has committed to helping the Co-op meet its K-20 education needs by providing a cadre of support, including contractual support and financial control. Funds would be used for professional engineering and architectural services, construction, furnishings and classroom instruction. The Co-op is seeking Triumph funds in the amount of $19 million. Based on the project summary provide, it appears to meet the Triumph criteria to provide transferrable workforce skills that are not confined to a single employer. Therefore, staff recommend the Board approve adding this project to its list of supported projects but not as a County priority at this time. This will allow the Co-op to move forward with the application process. The Co-op is a private entity and not eligible to receive funds direct from Triumph Funding for private endings are awarded to the County and the County acts as the contract and fiscal agent. Therefore, staff recommend that FAMU be the applicant and if awarded the Triumph agreement would be with FAMU.

At the November 6, 2017, Board meeting, the Board approved developing a list of supported and priority projects but did not issue individual letters of support. Therefore, this agenda item is seeking Board approval to update the list of supported projects for staff to submit to Triumph.

Request Board Approval of an Updated List of Supported Triumph Gulf Coast, Inc. Projects December 3, 2018 Page 4 Analysis: Staff are requesting Board approval of the updated list of recommended projects to include the aforementioned WEI and Co-Op projects. Should the Board approve the updated project list staff will submit to Triumph. Budgetary Impact: There is no budget impact associated with this agenda item. Options: 1. Approve the updated list of supported Triumph Gulf Coast, Inc. Projects. 2. Do not approve the updated list of supported Triumph Gulf Coast, Inc. Projects. 3. Board direction. Recommendation: Option #1 Attachment(s): 1. Proposed Updated List of Board Supported Triumph Projects 2. Triumph Supported Projects approved by Board as of January 8, 2018. 3. WEI Proposal Letter Requesting Board Support 4. Co-op Proposal

WAKULLA COUNTY LIST OF SUPPORTED PROJECTS FOR TRIUMPH GULF COAST, INC. FUNDING Revised on December 3, 2018, (Original Submitted on November 6, 2017, Updated on January 8, 2018)

Organization Project Title/Brief Description Est.

Project Cost

Board Priority

Wakulla County Board of County Commissioners

First Responder Communication System: Replace existing aging and unrepairable first responder communication system with one that can communicate with all federal, state and local first responder agencies as well as extending the range of communication within the County, i.e., national/state forest, metal building, etc. Our County is working with other 7-counties for potential regional project – with each County submitting their own application. (Updated to Priority #1 12-3-2018)

$2 M

#1

New Library: Construct a new, larger more centrally located library at the community center to meet the growing demands for new programs and provide space for participation at current and new events. The existing library will be repurposed and used for a much-needed Fire/EMS station in the Medart area, south of Crawfordville. A new library also has the potential to provide virtual classes not provided elsewhere in the County and could target underprivileged populations needing workforce skills. The County owns the property. Funds are needed for design, permitting, construction and furnishings. The Library will be designed and constructed to serve as a category 4 Risk Shelter (Pre-Disaster). (Revised and updated to Priority #2 12-3-2018)

$3.5 M

#2

Medart Rec Park Improvements: Improve the parking lot, restroom and concession facilities, and sports fields of Wakulla County’s only recreation park for organized outdoor youth and adult sports. The County owns the Park. Funds are needed for any design, permitting and construction.

$2.0 M

Realignment of County Road 61/Shell Point: The County has only two north-south bound highways from Capital Circle (Leon County) to US 98 (Wakulla County): US 319 is on the eastern side of the County and US 27 is on the western side. High traffic on both of these highways is attributed mainly to travelers working in Tallahassee and living in Wakulla. Internal arterial roads off of these highways leading to residential areas become clogged at peak times creating extremely hazardous conditions. Additionally, these highways provide the only access to Wakulla’s coast, rivers, forest, etc. creating heavy traffic conditions on weekends and holidays. This proposed realignment would provide a north-south bound County Road centrally located in Wakulla County and would ease congestion and increase safety conditions. Funds are needed for design, permitting and construction.

$2.5 M

Camp Indian Springs Campground Partnership: This project proposes a partnership with Department of Environment Protection (DEP), in the event they purchase the Camp Indian Springs Property. The County proposes seeking funds for the improvement of existing buildings on the Camp Indian Springs Campground property and the design, permitting and construction of a RV/Tent camp ground.

TBD

New Rec Park – US 319: The County is in need of land to design, permit and construct a larger outdoor multi-use recreational Park on the north side of the County. This park has the potential to serve the region for youth and adult outdoor sports, i.e., softball tournaments, soccer tournaments, etc. Funds are needed for land acquisition, planning, design, construction and furnishings.

$20 M


Wakulla County School Board

Wakulla Career and Technical Education Center: This project would provide training and job skills for the non-degree seeking student for emerging or high-demand jobs. WCSB owns the property and will staff the center once constructed. Funds are requested for design, permitting, construction and furnishings. (Removed from List 12-3-2018)

$5.7 M FUNDEDED

Wakulla County Learning Center: This project proposes a partnership with TCC for a campus in Wakulla County where students and adults may pursue an AA degree. WCSB owns the property and will staff the center once constructed in partnership with TCC. Funds are requested for design, permitting, construction and furnishings. (Updated 12-3-2018, changed from Priority #2 to Priority #3)

$3.4 M

#3

City of St. Marks, ADA Compliant Kayak/Canoe Launch: To provide kayak/canoe access to the Wakulla River via the City Park. Increase recreational opportunities and enhanced visitor experience. Will also relieve kayak/canoe launching at the St. Marks Boat Ramp. The City of St. Marks owns the property. Funds are requested for design, permitting and construction. (Removed from List 12-3-2018)

$65 K Denied

St. Marks WWTP – Conversion of Grinders to Gravity Sewer: First a feasibility study (i.e., preliminary engineer report) will need to be conducted to determine if conversion is feasibly and probable cost. Funds are needed for feasibility study/preliminary engineering report.

$350 K

St. Marks Board Walk: Construct a boardwalk that will connect to the terminus of the St. Marks Bike Trail and provide an off-road multi-use pedestrian to the Fort, St. Marks Board Ramp, and back to the St. Marks Bike Trail terminus. The City of St. Marks own the property and the project is designed and permitted. Funds are requested for construction. (Removed from List 12-3-2018)

$900 K Denied

Wakulla Commercial Fishermen’s Assoc, Inc.

A Partnership Reviving Apalachee Bay Oyster Reefs: Shoreline restoration on oyster reefs to enhance commercial and recreational fishing; provide tidal, storm surge and coastal erosion protection, improve water quality; strengthen economy, social and environmental capital. Funds are requested for all stages of the project.

$2.6 M

Wakulla Environmental Institute

Marine Manufacturing Training Center: A state of the art multi-purpose facility that will function as an auditorium, conference center, manufacturing center, oyster seed hatchery and commercial kitchen for processing local Gulf Coast seafood products. WEI owns the property. Funds are needed for design, permitting, construction and furnishings. Total estimated project cost is $22.7 M, seeking $15M Triumph funds. (Removed from List 12-3-2018)

$15 M WITHDRAWN

WEI Ocean Shellfish Nursery / Hatchery and Processing Facility that would provide the seed and education to entrepreneurs on how to grow shell fish crops, and provide the basis for safe, fresh shellfish processing to ensure the best product in available to customers worldwide. According to the WEI project summary there is no other facility of this kind available in Florida at an educational institution. Through planned partnerships, this program would offer an unparalleled ability to seed hundreds of entrepreneurs’ operations and process them using revolutionary pasteurization technology. Funds would

$13.5 M


be used for professional engineering and architectural services, construction and furnishings. (Added to List 12-3-2018) WEI Environmental and Technical Training Center that would provide three distinct and separate training programs with the goal of creating small businesses and preparing talent for in-demand occupations that pay higher than state average wages. The programs would revolve around the three equal spokes of education (job training), conservation and recreation. The three separate programs are as follows and a separate Triumph application will be required for each:

1. Electric and Communication Utilities Training 2. Oyster Boat, Composite, and Mechanics Training 3. Unmanned Vehicle Systems (aka Drones) Training

Funds would be used professional engineering and architectural services, construction and furnishings of the classrooms. Each training is estimated to cost $1.5 million. (added to List 12-3-2018)

$4.5 M

Gulf Specimen Marine Laboratories, Inc. (GSML)

GSML expansion of infrastructure and operations for adding courses that will lead to technical certificates in an array of marine subjects as well as marking new local marine products. Funds will be used to upgrade/expand the existing facilities, purchase of two vessels, and salaries and benefits for 11 planned new positions. It is anticipated that after three-years the course will be self-sustaining (Added to List 1-8-2018)

$3.9 M

Panacea Oyster Co-Op Corporation (Co-op)

Dedicated Program to Expand Oyster Ranching in Wakulla County and Resurrect Aquaculture in Apalachee Bay. This project proposes the utilize property currently owned by the Co-op located in Panacea to develop a dedicated nursery, hatchery, algae farm and expand the Co-ops current post-harvesting operations through the use of innovative live pasteurization and flash freeze technologies. It is anticipated that this expansion could include training, education and support for more than 100 ranchers involving more than 150 acres of state water leases producing more than 190 million oysters per year within 7 years. This project proposes to provide transferable, sustainable workforce skills to participants, with a positive and profound impact especially among minority and disconnected communities with the County. FAMU has committed to helping the Co-op meet its K-20 education needs by providing a cadre of support, including contractual support and financial control. Funds would be used for professional engineering and architectural services, construction, furnishings and classroom instruction. (Added to List 12-3-2018)

$19 M

WAKULLA COUNTY LIST OF RECOMMENDED PROJECTS FOR TRIUMPH GULF COAST, INC. FUNDING Revised on January 8, 2018, (Original Submitted on November 6, 2017)


Project Cost

Board Priority


First Responder Communication System: Replace existing aging and unrepairable first responder communication system with one that can communicate with all federal, state and local first responder agencies as well as extending the range of communication within the County, i.e., national/state forest, metal building, etc. Our County is working with other 7-counties for potential regional project – with each County submitting their own application.

$2 M #3

New Library: Construct a new, larger more centrally located library at the community center to meet the growing demands for new programs and provide space for participation at current and new events. The existing library will be repurposed and used for a much-needed Fire/EMS station in the Medart area, south of Crawfordville. A new library also has the potential to provide virtual classes not provided elsewhere in the County and could target underprivileged populations needing workforce skills. The County owns the property. Funds are needed for design, permitting, construction and furnishings.

$3.5 M #4


$2.0 M


$2.5 M


TBD


$20 M



Wakulla Career and Technical Education Center: This project would provide training and job skills for the non-degree seeking student for emerging or high-demand jobs. WCSB owns the property and will staff the center once constructed. Funds are requested for design, permitting, construction and furnishings.

$5.7 M #1

Wakulla County Learning Center: This project proposes a partnership with TCC for a campus in Wakulla County where students and adults may pursue an AA degree. WCSB owns the property and will staff the center once constructed in partnership with TCC. Funds are requested for design, permitting, construction and furnishings.

$3.4 M #2

City of St. Marks, ADA Compliant Kayak/Canoe Launch: To provide kayak/canoe access to the Wakulla River via the City Park. Increase recreational opportunities and enhanced visitor experience. Will also relieve kayak/canoe launching at the St. Marks Boat Ramp. The City of St. Marks owns the property. Funds are requested for design, permitting and construction.

$65 K #5


$350 K

St. Marks Board Walk: Construct a boardwalk that will connect to the terminus of the St. Marks Bike Trail and provide an off-road multi-use pedestrian to the Fort, St. Marks Board Ramp, and back to the St. Marks Bike Trail terminus. The City of St. Marks own the property and the project is designed and permitted. Funds are requested for construction.

$900 K



$2.6 M


Marine Manufacturing Training Center: A state of the art multi-purpose facility that will function as an auditorium, conference center, manufacturing center, oyster seed hatchery and commercial kitchen for processing local Gulf Coast seafood products. WEI owns the property. Funds are needed for design, permitting, construction and furnishings. Total estimated project cost is $22.7 M, seeking $15M Triumph funds.

$15 M

Gulf Specimen Marine Laboratories, Inc. (GSML) (added to list 1/8/2018)

GSML expansion of infrastructure and operations for adding courses that will lead to technical certificates in an array of marine subjects as well as marking new local marine products. Funds will be used to upgrade/expand the existing facilities, purchase of two vessels, and salaries and benefits for 11 planned new positions. It is anticipated that after three-years the course will be self-sustaining

$3.9 M

November 13, 2018 The Honorable Ralph Thomas, Chair Wakulla Board of County Commissioners 3093 Crawfordville Hwy Crawfordville, FL 32327 Dear Commissioner Thomas, Tallahassee Community College’s Wakulla Environmental Institute (WEI) is seeking the County Commission’s support for projects applied for from the Florida Triumph Gulf Coast Fund. Located in one of North America’s top five biodiversity hotspots, Tallahassee Community College’s WEI serves as a hub for education (job training), conservation and recreation in Northwest Florida. While the College developed the first phase of the Institute to support the revitalization of industries that collapsed as result of the Deepwater Horizon oil spill, the College’s work in leading economic development activity in Wakulla County spawned new opportunities and initiatives that can only be completed with the addition of a second phase. The proposed second phase includes the construction of the WEI Oyster Hatchery and Processing Facility and the creation of the WEI Environmental and Technical Training Center. WEI Ocean Shellfish Nursery / Hatchery and Processing Facility The WEI Ocean Shellfish Nursery / Hatchery and Processing Facility provide the seed, educate each entrepreneur on how to grow their crop, and provide the basis for safe, fresh shellfish processing to ensure the best product is available to customers worldwide. There is no other facility of this kind available in Florida at an educational institution. Through the College’s partnerships, it will offer an unparalleled ability to seed hundreds of entrepreneurs’ operations and process them using revolutionary pasteurization technology. The result of a fully operational and mature operation will be nothing short of the revival and enhancement of Florida Gulf seafood output to pre-BP spill levels. WEI Environmental and Technical Training Center The Environmental & Technical Training Center will be located on WEI’s main campus. It is anticipated that it will spur even more environmental education and job training opportunities. With over 10,000 square feet, it will include classrooms, meeting rooms, boat fabrication/construction and engine maintenance facilities, utility and cellular lab technology spaces, and the square footage needed to scale training and support startup business ventures. The three training programs proposed through the Florida Triumph Gulf Coast Fund will include:

• Electric & Communications Utilities Training • Oyster Boat, Composite, and Mechanics Training • Unmanned Vehicle Systems Training

All these training programs will lead to the creation of small businesses and prepare talent for in-demand jobs that pay higher than average wages for our state and are in highly sought-after fields. We thank you for your consideration. Sincerely Bob Ballard, Executive Director of Wakulla Environmental Institute

TRIUMPH GULF COAST, INC. PRE-APPLICATION FORM Triumph Gulf Coast, Inc. (“Triumph Gulf Coast”) has created a pre-application process to provide initial consideration of eligibility for potential ideas of projects or programs that may seek an award of funding. Applicants are required to participate in the pre-application process. Notwithstanding the response from Triumph Gulf Coast on the pre-application form, an Applicant may still elect to submit an Application.

APPLICANT INFORMATION

Name of Individual/Entity/Organization:

Panacea Oyster Co-Op Corporation In Partnership with Florida Agriculture and Mechanical University (FAMU)

Proposal Title:

Dedicated Program to Expand Oyster Ranching in Wakulla County and Resurrect Aquaculture in Apalachee Bay

Amount of Triumph Funds Requested:

$19,241,000

Total Estimated Project Cost:

$27,320,000

Brief Description of Individual/Entity/Organization:

Panacea Oyster Co-op Corporation was founded to aid in the economic and environmental recovery, diversification and enhancement of Wakulla and surrounding counties. This area was disproportionality affected by the oil spill. Our co-op is comprised of more than 20 ranchers and growing, who come from around the area and are from various economic backgrounds. The Co-op is devoted to the aquaculture ranching of mollusks in Apalachee Bay. Our ongoing mission is resurrecting a sustainable aquaculture system to improve the health, diversity and abundance of fish in Apalachee Bay and beyond; the creation of jobs and career paths in the aquaculture and ecotourism industries; and lifting the economy of the surrounding business community to allow our area to once again thrive. Contact Information Primary Contact:

Katherine Waldron CEO and Chairwoman Panacea Oyster Co-Op Corporation 102 Ben Willis Rd. Crawfordvile, Fl 32327 703-371-7910 [email protected] www.panaceaoysters.com

Names of co-applicants, partners or other entities, organizations that will have a role in the proposed project or program:

Florida Agriculture and Mechanical University (see attached Letter of Commitment)

There will be many other partners, supporters and entities that will be a part of the program, including the Wakulla School District, the Wakulla Chamber of Commerce, local elected officials and numerous local business leaders who will be part of the success and implementation of the project. Letters of support from these parties will be included in the final application submission.

REQUIRED EXECUTIVE SUMMARY In a maximum of two (2) pages, please describe the proposed project or program and anticipated outcomes including (i) the amount of funds being sought from Triumph Gulf Coast; (ii) the amount and identity of other sources of funds for the proposed project or program; (iii) the location of the project or program; (iv) summary description of the proposed program, including how the program will be transformational and promote economic recovery, diversification, and enhancement of the disproportionately affected counties, and (v) a summary timeline for the proposed project or program.

See attached Executive Summary

IMPORTANT NOTICE This pre-application process will not result in an award of funding by Triumph Gulf Coast. Rather, this process is designed to facilitate submission of ideas for potential projects or programs before the Applicant expends time and/or resources to complete a full Application. All Applicants for funding are required to complete an Application, which will be reviewed and then considered for award at the discretion of Triumph Gulf Coast Board. Updated 5/1/18 1 Please Select the Proposal’s Eligibility Category(s) Pursuant to Section 288.8017, Triumph Gulf Coast, Inc. was created to make awards from available funds to projects or programs that meet the priorities for economic recovery, diversification, and enhancement of the disproportionately affected counties. The disproportionately affected counties are: Bay County, Escambia County, Franklin County, Gulf County, Okaloosa County, Santa Rosa County, Walton County, or Wakulla County. See, Section 288.08012. 1. From the choices below, please check the box that describes the purpose of the proposed project or program (check all that apply): Ad valorem tax rate reduction within disproportionately affected counties; Local match requirements of s. 288.0655 for projects in the disproportionately affected counties; Public infrastructure projects for construction, expansion, or maintenance which are shown to enhance economic recovery, diversification, and enhancement of the disproportionately affected counties; Grants to local governments in the disproportionately affected counties to establish and maintain equipment and trained personnel for local action plans of response to respond to disasters, such as plans created for the Coastal Impacts Assistance Program; Grants to support programs that prepare students for future occupations and careers at K-20 institutions that have campuses in the disproportionately affected counties. Eligible programs include those that increase students’ technology skills and knowledge; encourage industry certifications; provide rigorous, alternative pathways for students to meet high school graduation requirements; strengthen career readiness initiatives; fund high-demand programs of emphasis at the bachelor’s and master’s level designated by the Board of Governors; and, similar to or the same as talent retention programs created by the Chancellor of the

State University System and the Commission of Education, encourage students with interest or aptitude for science, technology, engineering, mathematics, and medical disciplines to pursue postsecondary education at a state university or a Florida College System institution within the disproportionately affected counties; Grants to support programs that provide participants in the disproportionately affected counties with transferable, sustainable workforce skills that are not confined to a single employer; and Grants to the tourism entity created under s. 288.1226 for the purpose of advertising and promoting tourism and Fresh From Florida, and grants to promote workforce and infrastructure, on behalf of all of the disproportionately affected counties. Updated 5/1/1

Panacea Oyster Co-op Corporation P.O. Box 341 Panacea, FL 32346 (850) 378-1000

www.PanaceaOysters.com

Dedicated Program to Expand Oyster Ranching in Wakulla County and Resurrect Aquaculture in Apalachee Bay

Aquaculture is critical to resolving the world’s food insecurity and projected future food shortages. Food production needs to double by 2050 in order to feed the projected world population. The world’s oceans represent the greatest potential source of protein by generating 30 x more yield per acre of water versus an acre of land. Aquaculture will be an ever-growing portion of the seafood industry and will enable us to have available, accessible and affordable seafood while bringing much needed economic development.

The ocean ecosystem depends upon a vibrant oyster population. The individual oyster is capable of filtering up to 50 gallons of water a day, thereby greatly improving the surrounding water quality and setting into motion the nutrient stream that underpins the entire food chain.

The federal government recognizes the importance of growing the aquaculture industry. The National Oceanic and Atmospheric Administration (NOAA) has stated that marine aquaculture is an important part of its strategy for building economic and environmental resiliency in coastal communities. (Ref., https://www.fisheries.noaa.gov/leadership-message/momentum-grows-aquaculture-united-states, September 2017)

Current data indicate more than 85% of the world’s oyster beds have died. Along Florida’s expansive coastline, the situation is more dire - more than 95% of native oyster beds having disappeared. This decline precipitously accelerated following the BP Oil Spill of 2010, where Apalachee Bay Oyster harvests declined from ~10 million per year to zero in less than 5 years. This ecological event in Wakulla and surrounding counties was devastating and resulted in the loss of oyster-related jobs and challenged the future viability of this critical Florida industry, as well as all commercial fishing enterprises.

In order to address this economic “tipping point” the residents of the Wakulla County engaged local higher education leaders to create a dedicated Oyster Rancher training program predicated upon best practices from around the world. The result was the creation of the state of Florida’s first Oyster Rancher Training Program that utilizes the proven Australian/Canadian “full water column” ranching approach. This sustainable method of oyster ranching has already been proven to work in Florida’s coastal waters.

Recognizing that “full water column” aquaculture offers a pathway toward a sustainable future for seafood harvesting, local citizens created the Panacea Cooperative as a critical first step to resurrect and transform the Oyster industry in Florida. These important community-based efforts involving oysters and other mollusks in Apalachee Bay have helped launch the environmental and economic

Panacea Oyster Co-op Corporation P.O. Box 341 Panacea, FL 32346 (850) 378-1000

2

reclamation of these important waters and their surrounding communities. New jobs and the return of important species of sea life are in progress thanks to these dedicated oyster ranchers.

Currently, the Panacea Cooperative consists of 20 members utilizing 30 acres of state water leases. These members currently have more than 5.5 million oysters in production and a projected production of more than 15 million oysters by December 2018. These oysters represent a market value of more than $10 million and an overall economic impact of exceeding $35 million for Wakulla County. The Cooperative was externally validated in 2017 by the Fish 2.0 Competition in which the Cooperative was awarded “the most innovative aquaculture strategy in the US.”

The members of Cooperative believe that this innovative process can be expanded to include more than 100 ranchers involving more than 150 acres of state water leases producing more than 190 million oysters per year within 7 years. This would represent a projected economic impact of more than $460 million per year for Wakulla County. However, the business ecosystem to undergird this critical industry expansion must be developed if Wakulla County is to meet its economic destiny.

Like many other ranchers, the Cooperative, is experiencing the impact of critical rate-limiting issues: lack of dedicated hatchery support; lack of dedicated flash freezing facilities; and lack of adequate nutrients for the oysters in the form of dedicated algae supplementation. In order to rapidly expand the scope and scale of the Oyster Ranching industry in Wakulla County, these impediments must be resolved.

In order to expedite our program, the Panacea Oyster Co-Op has teamed with Florida A&M University (FAMU) to help meet our K-20 education needs, as well as select private industry entities. We are seeking $19.2M in funds to develop a full circle, multi-trophic aquaculture ecosystem within Wakulla County. The project will provide transferable, sustainable workforce skills to participants and offer future occupations and careers to K-20 institutions in the STEM areas, particularly within minority and disconnected communities. Our efforts will also promote eco-tourism and position Florida as the country’s leader in aquaculture. The jobs created through this effort will increase household income above the national average and generate maximum economic benefits both directly and indirectly for Wakulla County.

The project proposes to utilize property currently owned by Panacea Co-Op, within the city limits of Panacea as well as its existing headquarters in Crawfordville to develop a dedicated nursery, hatchery, algae farm and expand current the co-op’s post-harvesting operations through the use of innovative technologies. Our vision is that these same facilities will also serve to draw eco-tourism, public education and training related to aquaculture into Wakulla County. FAMU has pledged its facilities and Agricultural Extension programs to meet education and training purposes, including the development of innovated technologies applicable to the aquaculture industry among minority populations within the region.

Other fund sources will include private investment and utilizing existing Co-Op assets. Our partnerships with local governments will further extend the economic and environmental impacts of the project. Our proposal enjoys the support of local elected officials, local chambers of commerce, as well as local businesses and we will engage local visitor bureaus and tourist councils. We also intend to leverage our local assets by enhancing research and innovative technologies in the region. The timeline for this project will be five years to build out the facilities and launch the educational programs at the K-20 level.

Board of County Commissioners Agenda Item


From: J. David Edwards, County Administrator

Sheree T. Keeler, Intergovernmental Affairs & RESTORE Act Director Subject: Request Board Approval of County Disaster Preparedness Project Priorities

Submitted to Triumph Gulf Coast, Inc. for Funding Statement of Issue: This agenda item requests Board approval of County Disaster Preparedness project priorities submitted to Triumph Gulf Coast, Inc. for funding. Background: On November 6, 2017, the Board approved recommending the following five priority projects to Triumph for funding. The Board also supported several other projects for Triumph funding as shown in Attachment 1.

Project Title Applicant Status #1 Wakulla Career and Technical Education Center


Triumph Board approved funding agreement executed, and project is underway.

#2 Wakulla County Learning Center


The application was submitted, and discussions are ongoing between WCSB and Triumph staff regarding application revisions.

#3 First Responder Communication System

Wakulla County Pre-application was approved, and staff are developing final application.

#4 New County Library Wakulla County Pre-application was approved, and staff are developing final application.

#5 ADA Compliant Kayak/Canoe Launch St. Marks City Park

City of St. Marks Pre-application was not approved.

In response to the devasting effects of Hurricane Michael, the Triumph Board sent a letter to the County (Attachment #2) in support of our recovery efforts and offering assistance. Triumph staff followed up by phone with staff at Bay, Gulf, Franklin and Wakulla Counties to discuss post disaster as well as future pre-disaster needs. Triumph asked if financial assistance with bridge loans or ad valorem tax rate reduction assistance was needed. Each county was also asked to re-evaluate current Triumph priority projects or determine the need for additional disaster related projects eligible for Triumph funding. County staff advised Triumph there was not a need for bridge loans or ad valorem tax rate reductions at this time.

Request Board Approval of County Disaster Preparedness Funding Priorities Submitted to Triumph Gulf Coast, Inc. for Funding December 3, 2018 Page 2 County staff re-evaluated the five Board priority projects and sent a letter to Ms. Susan Skelton, Triumph Executive Director on November 27, 2018 (Attachment #3) advising that staff would seek Board approval on December 3, 2018, to modify the priorities established in November 2017. The letter further advised that based on the status of project 1 and 2 and essential County needs due to post-disaster recovery efforts that the First Responder Communication System be made priority number 1 and, the New County Library as the second priority with an expanded scope and associated cost to design and construct a new library facility to serve as a Category 4 pre-disaster risk shelter. In summary, the revised priority projects will be ranked as follows:

Project Title Applicant Status #1 First Responder Communication System

Wakulla County Pre-application was approved, and staff are developing final application.

#2 New County Library Wakulla County Pre-application was approved, and staff are developing final application.

#3 Wakulla County Learning Center


The application was submitted, and discussions are ongoing between WCSB and Triumph staff regarding application revisions.

Analysis Staff are seeking Board approval of County Disaster Preparedness funding priorities submitted to Triumph. It should also be noted that staff will be bringing back an agenda item at a future meeting to request approval to schedule a Workshop in February 2019 to discuss updating the list of supported projects with revised and/or new project. Budgetary Impact: None. Options: 1. Approve the County Disaster Preparedness Project Priorities Submitted to Triumph Gulf

Coast, Inc. for Funding. 2. Do not approve the County Disaster Preparedness Project Priorities Submitted to

Triumph Gulf Coast, Inc. for Funding. 3. Board direction. Recommendation: Option #1

Request Board Approval of County Disaster Preparedness Funding Priorities Submitted to Triumph Gulf Coast, Inc. for Funding December 3, 2018 Page 3 Attachment(s): 1. Board supported Triumph Projects 2. October 25, 2018 Letter from Triumph 3. November 27, 2018 Letter sent to Triumph



Project Cost

Board Priority


First Responder Communication System: Replace existing aging and unrepairable first responder communication system with one that can communicate with all federal, state and local first responder agencies as well as extending the range of communication within the County, i.e., national/state forest, metal building, etc. Our County is working with other 7-counties for potential regional project – with each County submitting their own application.

$2 M #3

New Library: Construct a new, larger more centrally located library at the community center to meet the growing demands for new programs and provide space for participation at current and new events. The existing library will be repurposed and used for a much-needed Fire/EMS station in the Medart area, south of Crawfordville. A new library also has the potential to provide virtual classes not provided elsewhere in the County and could target underprivileged populations needing workforce skills. The County owns the property. Funds are needed for design, permitting, construction and furnishings.

$3.5 M #4


$2.0 M


$2.5 M


TBD


$20 M



Wakulla Career and Technical Education Center: This project would provide training and job skills for the non-degree seeking student for emerging or high-demand jobs. WCSB owns the property and will staff the center once constructed. Funds are requested for design, permitting, construction and furnishings.

$5.7 M #1

Wakulla County Learning Center: This project proposes a partnership with TCC for a campus in Wakulla County where students and adults may pursue an AA degree. WCSB owns the property and will staff the center once constructed in partnership with TCC. Funds are requested for design, permitting, construction and furnishings.

$3.4 M #2

City of St. Marks, ADA Compliant Kayak/Canoe Launch: To provide kayak/canoe access to the Wakulla River via the City Park. Increase recreational opportunities and enhanced visitor experience. Will also relieve kayak/canoe launching at the St. Marks Boat Ramp. The City of St. Marks owns the property. Funds are requested for design, permitting and construction.

$65 K #5


$350 K

St. Marks Board Walk: Construct a boardwalk that will connect to the terminus of the St. Marks Bike Trail and provide an off-road multi-use pedestrian to the Fort, St. Marks Board Ramp, and back to the St. Marks Bike Trail terminus. The City of St. Marks own the property and the project is designed and permitted. Funds are requested for construction.

$900 K



$2.6 M


Marine Manufacturing Training Center: A state of the art multi-purpose facility that will function as an auditorium, conference center, manufacturing center, oyster seed hatchery and commercial kitchen for processing local Gulf Coast seafood products. WEI owns the property. Funds are needed for design, permitting, construction and furnishings. Total estimated project cost is $22.7 M, seeking $15M Triumph funds.

$15 M

Gulf Specimen Marine Laboratories, Inc. (GSML) (added to list 1/8/2018)

GSML expansion of infrastructure and operations for adding courses that will lead to technical certificates in an array of marine subjects as well as marking new local marine products. Funds will be used to upgrade/expand the existing facilities, purchase of two vessels, and salaries and benefits for 11 planned new positions. It is anticipated that after three-years the course will be self-sustaining

$3.9 M

Don Gaetz Chairman

850.387.9405

[email protected]

October 25, 2018 VIA U.S. MAIL & EMAIL Ralph Thomas, Chairman Wakulla County Board of County Commissioners 3093 Crawfordville Hwy Crawfordville, FL 32327 [email protected]

RE: Florida Counties Designated As Federal Disaster Areas - Hurricane Michael

Dear Chairman Thomas:

On behalf of the Triumph Board of Directors please accept our sincerest condolences for the losses inevitably experienced in Wakulla County from Hurricane Michael. As fellow Northwest Floridians we appreciate what you are going through and send our thoughts and prayers to you and all of those suffering in the wake of this great storm.

The devastation wrought by Hurricane Michael was felt throughout the Triumph Region, but most particularly in Bay, Franklin, Gulf and Wakulla Counties. Three members of the Triumph Board—Ben Lee, Allan Bense, and Jason Shoaf—all live in the area most heavily impacted and were not spared the damage and destruction from this Category 5 Storm. The winds have calmed, but the ravaged landscape bears witness to the brutality of the strongest hurricane to ever make landfall in the Panhandle. While we grieve for those who lost their life in the storm, the damage and destruction around us forces us to realize how blessed we are that the death toll was not higher. It is not the first time this region has faced adversity and our history proves the resilience of our people. We are hopeful and optimistic that better days will come as we start the long re-building process with you.

The damage wrought by the storm serves to underscore the importance of Triumph’s mission to diversify and enhance the economy in the eight counties disproportionately impacted by the BP Oil Spill. As your recovery efforts progress, please remember that Triumph is here to help in any way we can that is consistent with our statutory charge. As you examine and re-evaluate the particular priorities for your county, please let us know if those priorities shift away from any earlier proposals submitted to the board. Invariably some high priority projects on the lists previously submitted to Triumph may pale in comparison to others in the post-Michael reality. Additionally, if this experience has identified new needs that provide an opportunity for partnership, please keep Triumph in mind. Our administrative, economic, education, and legal staff are available to assist you with any questions regarding Triumph. We are anxious to hear your stories and goals for the future.

Together we have faced hurricanes, recessions, oil spills, fires, and other disasters—natural and manmade. In every instance, the people of the Panhandle rise to the occasion to meet these challenges and work for a better future. The damage and destruction of Michael is unprecedented, but we also


Letter to Florida Counties Designated As Federal Disaster Areas - Hurricane Michael October 25, 2018 Pg 2 of 2

850.387.9405 | P.O. Box 12007, Tallahassee, Florida 32317 | [email protected]

believe temporary. The effort will be herculean for our citizens and our local governments but we will recover and we will rebuild.

If we can help, please contact Cori Henderson, Rick Harper, Frank Fuller or Susan Skelton at

850.387.9405 or email us at [email protected]. Our board members are part of the recovery efforts in their own communities, but you can reach any of us through the same phone number and email address.

Thank you for your strength. Thank you for your perseverance. Thank you for showing kindness

to neighbors and strangers.

Respectfully, Don Gaetz Chairman of the Board

cc: Northwest Florida Legislative Delegation

Senator Doug Broxson Senator George Gainer Senator Bill Montford Rep. Jay Trumbull Rep. Halsey Beshears Rep. Brad Drake Rep. Clay Ingram Rep. Mel Ponder Rep. Frank White Rep. Jayer Williamson Triumph Board Members

Don Gaetz, Chair Allan Bense Benjamin Lee Pam Dana, Ph.D. Steven Riggs, IV Jason Shoaf Cori Henderson

Susan Skelton Rick Harper, Ph.D.



Date of Meeting: December 3, 2018 Date Submitted: November 26, 2018 To: Members of the Board

From: Chuck Hess, Chairman

Subject: Request Board Approval of Commissioner Appointments on Various

Committees, Councils, and Boards for 2019 Statement of Issue: This agenda item requests Board approval of Commissioner Appointments to represent various committees, councils, and Boards for 2019. Background: In an effort to ensure that Wakulla County government is adequately represented, staff compiled a comprehensive listing of local and state committees, councils, and organizations to which Commissioners currently represent Wakulla County (Attachment #1). Per Administrative Regulation 2.02, the Chairman of the Board of County Commissioners shall assign Commissioners to vacant committee positions as they become open and based on the committee preferences expressed by individual Commissioners. Prior to January of each year, each sitting Commissioner shall indicate her or his committee preferences for the following calendar year. Any Commissioner currently appointed and serving on a committee shall continue to represent Wakulla County on such committee unless the Commissioner requests to be removed or is removed by a majority vote of the Board of County Commissioners. Analysis: Attachment #1 includes the recommended Commissioner Appointee for 2019, and brief information on the list of organizations. It should be noted, some of these committees and board appointments are done by Resolution and; therefore, if the Board decides to amend the recommended appointees for 2019, such amended Resolutions will be brought back to the Board at a future meeting. Budgetary Impact: None. Options: 1. Approve the Recommended Commissioner Appointments for 2019. 2. Do Not Approve the Recommended Commissioner Appointments for 2019. 3. Board Direction. Attachments: 1. 2019 Commissioner Appointments

2019 Organizations Represented by Commissioners

Organization

Term&

Authority of Appointment

Contact Info MeetingInfo. Notes Current Appointments

Apalachee Regional Planning Council(Executive Board)

As long as Elected Official

Yearly-Each year Wakulla County BOCC is required to make 2 appointments to the ARPC Executive Board. Must be an elected official.(1) must be a County Elected official & the other (1) must be a City Elected Official.

Janet Watson20776 Central Avenue East, Suite 1Blountstown, Florida 32424Phone: 850-674-4571Suncom: 771-4417Fax: 850-674-4574E-mail: [email protected] Office: 850-488-6211

Meets Quarterly (ARPC) is one of eleven regional planning councils in Florida. The Apalachee Region is located in the Florida Panhandle and contains nine counties, (Calhoun, Franklin, Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty and Wakulla) and twenty-eight municipalities.

The ARPC is governed by a twenty-seven member Board. Elected officials comprise two-thirds of the Board and appointees of the Governor represent the remaining one-third. The ARPC works with citizens and local governments on a wide range of issues and programs including, but not limited to: Economic Development planning and assistance; Hazardous Waste Generator Assessments; Hurricane Loss, Mitigation, and Evaluation Studies; and Transportation Disadvantaged planning.

Commissioner Merritt Commissioner Messersmith (Alt) ***Municipal Elected Official is Gail Gilman, City of St. Marks

Transportation Disadvantaged Local Coordinating Board (TDLCB)

Annual Appointment

Unlimited Terms

Colleen Rowland 891-6800

Meets Quarterly Annually, the Commission for the TDLCB designates an agency to fulfill the function of transportation disadvantaged planning in areas not covered by a Metropolitan Planning Organization. Since 1990, the ARPC has been the designated official planning agency (DOPA) for Calhoun, Franklin, Gadsden, Gulf, Jackson, Jefferson, Liberty, and Wakulla Counties. The coordinating boards provide program support, administration, monitors and evaluates the community Transportation Coordinators, prepares an update to the county coordinated transportation development plans and trains new local coordinating board members to help them satisfy their duties pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C.

Commissioner Messersmith

2019 Organizations Represented by CommissionersCommunity Traffic Safety Team

Wakulla County Sheriff's Office

3rd Tuesdays of month @ 11:00 AMWakulla County High School

Florida's Community Traffic Safety Teams (CTSTs) are locally based groups of highway safety advocates who are committed to solving traffic safety problems through a comprehensive, multi-jurisdictional, multi-disciplinary approach. Members include local city, county, state, and occasionally federal agencies, as well as private industry representatives and local citizens. The community boundaries determined by the individuals comprising the team, and can be a city, an entire county, a portion of a county, multiple counties, or any other jurisdictional arrangement.

The CTSTs help to solve local traffic safety problems related to the driver, the vehicle, and the roadway.One common goal of each Community Traffic Safety Team is to reduce the number and severity of traffic crashes within their community.Each FDOT District has a CTST Coordinator who works closely with the CTSTs in their geographic area, and the Central FDOT Safety Office acts as a liaison to the District Coordinators.

Commissioner Merritt

Capital Region Transportation Planning Agency

Typically appoint one member and one alternate

408 N. Adams Street, 4th Floor, Tallahassee, Florida 32301 Phone: (850) 891-6800 Fax: (850) 891-6832

CRTPA Board Meetings typically held during daytime business hours;

The Capital Region Transportation Planning Agency (CRTPA) (formerly known as the Tallahassee-Leon County MPO) is the region's metropolitan planning organization (MPO). As such, the CRTPA is responsible for coordinating transportation planning within Florida's Capital Region. The CRTPA includes all of Leon County along with urbanized portions of Gadsden and Wakulla counties.The CRTPA is comprised of elected representatives from Leon County, Gadsden County, Wakulla County, the City of Tallahassee, the Town of Havana, the City of Midway, and the City of Quincy, as well as a representative from the Leon County School Board.

Commissioner MerrittCommissioner Messersmith (Alt)

Our Region Tomorrow Advisory Board

[email protected] Box 1639Tallahassee, FL 32302phone: (850) 224-8116fax: (850) 561-3860228-8070

Monthly-Daytime meetings

Our Region Tomorrow Inc. is an organization focusing on regional cooperation between areas in North Florida and South Georgia. The organization will be lead by a board composed of business, governmental and environmental leaders from all across the region. The primary purpose of this entity will be to facilitate an intense discussion across this area about future growth, quality health care, education, economic development, ensuring a strong workforce and ensuring that our environmental assets are protected. (An initiative spearheaded by the Greater Tallahassee Chamber of Commerce).


Public Safety Coordinating Council (PSCC)

The Chair of the BOCC or another Commissioner designee

WCSO15 Oak StreetCrawfordville, Florida 32327

TBD Per. S. 951.26 Each Board of County Commissioners shall establish a PSCC for the county or shall join with a consortium of one or more other counties to establish a public safety coordinating council for the geographic area represented by the member counties. Membership is set in statute.

Commissioner Stewart

2019 Organizations Represented by CommissionersSmall County Coalition 2 appointments needed;

equal [email protected] Thomasville RoadTallahassee, FL 32303850-224-3180

Meetings typically held in conjunction with FAC/FLC conferences.

The Small County Coalition is comprised of County Commissioners of 38 Counties in the State of Florida. A small county is defined as having a population of 150,000 persons or less. However, the coalition may have associate and affiliate members, with populations greater than 150,000 but still share the same concerns as small counties. The Coalition is led by an executive committee, and regional representatives from throughout the regions of the State of Florida. The purpose of the Small County Coalition is to give increased visibility and support to issues of primary concern to small counties and rural communities.

Commissioner Thomas Commissioner Hess (Alt)

Tourist Development Council

984-3966P. O. Box 67Panacea, FL 32346

Mtgs. Held on the 4th Thursday of each month at 8:30a.m.

Appointment by Resolution; Term ends. October 1, 2021, or prior to contingent upon re-election

Commissioner Thomas

Wakulla State Forest Liaison

Kawika Bailey 421-31013674 Bloxham Cutoff Rd.Crawfordville, FL 32327

Meets 2 times a year (December & June) to facilitate dialogue between Wakulla Forest, Community, Interest Groups, Hunters, etc.., to seek input/advice/feedback regarding the forest activities.

Commissioner Hess

Value Adjustment Board 2 appointments needed; No specific term

Kelly Marks - Clerk to the VAB926-0344

Hearing typically in September/October

The Purpose of this Board is to allow for any taxpayers within Wakulla County who object to the assessment placed on any taxable property by the Property Appraiser, to file a petition with the clerk of the governing body for a hearing. A petitioner is allowed to reschedule the hearing a single time by submitting to the clerk a written request to reschedule.

Per 194.015, F.S. each County is required to create a Value Adjustment Board. VAB consists of 2 board commissioners (One is to be elected Chair), 1 school board member, and 2 citizens. 1 citizen is selected by the BOCC and must own homesteaded property in the county, the other citizen is selected by the school board members and must own commercial property in the county.

Commissioner ThomasCommissioner Moore

Canvassing Board Florida Statutes provides that the Canvassing Board is the BOCC Chair

Buddy WellsSupervisor of Elections926-7575

3115 B Crawfordville Hwy.Crawfordville, Florida 32327

Contingent Upon Election Schedule

S. 102.141, F.S.sets out the duties of County canvassing board-- The county canvassing board shall be composed of the supervisor of elections; a county court judge, who shall act as chair; and the chair of the board of county commissioners. The county canvassing board or the local board responsible for certifying the election shall conduct a manual audit of the voting systems used in randomly selected precincts. The audit shall consist of a public manual tally of the votes cast in one randomly selected race that appears on the ballot. (The Canvassing Board carries out other election-related duties.)

Commissioner Hess Cheryll Olah (Alt)

2019 Organizations Represented by CommissionersJuvenile Justice Circuit Advisory Board

The BOCC is responsible for appointing a County Commissioner or designee to serve on the JJCA Board for Circuit Two. This appointment has no term limits and does not require approval by the DJJ Secretary

Daniella DelVento [email protected] 850-717-2428

CS/HB 617 passed by the 2013 Legislature and signed into lawby the Governor on June 5, 2013, created Chapter 2013-118Laws of Florida (LOF). This legislation substantially revisesSection 985.644, Florida Statutes (FS), concerning juvenilejustice circuit boards, juvenile justice county councils, and theDepartment of Juvenile Justice (DJJ) as well as the roles,responsibilities and membership of such. Wakulla County isincluded in the second circuit that encompasses Franklin,Gadsden, Jefferson, Leon and Liberty counties. The purposefor streamlining Florida’s system of county juvenile justiceboards and councils into 20 circuit advisory boards, is to ensurea direct link, pursuant to law, of the newly formed 20 circuitadvisory board to DJJ. Furthermore, the new composition ofthe circuit advisory boards is to ensure consistentrepresentation from county commissioners, sheriffs, policechiefs, workforce boards, state attorneys, public defenders,judges and the education community, all criticalstakeho

Commissioner Stewart

Wakulla County Coalition for Youth

Gail Campbell 528-7137Wakulla County Childrens Coalition P.O. Box 1688 Crawfordville, Florida 32326-1688 or 34 Connie Dr., C'ville 32327

Typically held on the 1st Wednesday of each month from 12:00 p.m.-2:00 p.m. at the TCC Center

Pursuant to 39.025(5) Florida Statues, the Wakulla County Juvenile Justice Council was established in August 1993 to provide an interagency partnership for addressing truancy, school safety, juvenile crime and to present a forum for needs and activities to combat those issues. The intent of the Council was to bring together both local and state perspectives on the roots and causes of juvenile criminality and to shape those perspectives into strategies to apply to local juvenile delinquency problems.

Commissioner ThomasCommissioner Stewart (Alt)

Big Bend Scenic Byway Perpetual Term TDC Quarterly Meetings The Corridor Management Entity was formed to pursue partnerships & take the lead in monitoring & implementing the Corridor Management Plan for the Big Bend Scenic Byway.Representatives comprise of various entities such as: Wakulla County Realtors Association, City of Sopchoppy, Carrabelle Area Chamber of Commerce, Big Bend Maritime enter, Florida Wildlife Commission, City of Carrabelle, Wakulla County Chamber of Commerce, FDEP, Apalachicola National Forest, TCC, USFWS, WEDC, Wakulla BOCC, Inn @ Wildwood, City of Apalachicola, Panacea Waterfronts,Wakulla Springs, CRTPA, ARPCm TACVB, Tallahassee Museum, and others. The Big Bend Scenic Byway spans Franklin, Leon, Wakulla Counties. This byway is the largest designated "Scenic Highway" in the State.

Commissioner Hess

2019 Organizations Represented by CommissionersBig Bend Regional Partnership

Intergovernmental RelationsOffice of the Mayor City of Tallahassee

850-891-2000300 South Adams Street Tallahassee, FL 32301

End of JanuaryTBD

Established by Memorandum of Understanding by local governments. Most active members are Wakulla, Jefferson, Madison, Monticello, Gadsden, Quincy, Leon, & COT. First meeting held in March 2007.


Wilderness Coast Library Advisory Board

Robyn Drummond 926-7415

Meets 2nd Monday of the Month

Advisory capacity to the County Commission in respect to all matters pertaining to the public library and its cultural activities, facilities, plans and programs

Commissioner Hess

Wakulla County Audit Committee

Chairman or designee David Edwards, County Administrator

Meets Quarterly Established to assist the County in selecting an auditor to conduct the annual financial audit required by Section 218.39, Florida Statutes, and to perform other audit oversight purposes as determined by the BOCC


Gulf Consortium 2 members; one member and one alternate member

FAC Meets Monthly Serves as the consortia or establishes the consortia of local political subdivisions as contemplated by the RESTORE Act for those counties which are members of the Consortium. The Consortium is intended to assist in or be responsible for, as determined by the Board per the Interlocal Agreement executed on 10/1/12

David Edwards, County Admin. Commissioner Thomas, Alt.

Big Bend Continuum of Care Board

One Commissioner or his/her appointee

Susan Pourciau, Executive Dir. Big Bend Homeless Coalition(850) 576-5566

TBD Established pursuant to the Federal Homeless Emergency Assistance and Rapid Transition Act. This is a membership planning and oversight body for the 8 county region of the Big Bend of Florida (Leon, Jefferson, Franklin, Gadsden, Liberty, Madison, Taylor, and Wakulla). The purpose of this Board is to develop and implement strategies to help end homelessness in the Big Bend.

Commissioner Hess

DCF - Circuit 2 Community Alliance

1 representative from County government

Jeanna Olson, DCF (850) 921-8269

The Circuit 2 Community Alliance is a statutorily defined body consisting generally of stakeholders, community leaders, client representatives and funders of human services in the circuit. The Alliance is a forum through which services for children and families mandated and funded by state and federal government are planned, organized and coordinated. The duties of the Alliance are to provide education and information pertaining to all aspects of the social service spectrum, serve as an ongoing conduit for communication between and among providers, state agencies, consumers and the general public, develop a Regional Management Plan and revise and update it regularly.

Les Harrison, Extension Director OR his designee

2019 Organizations Represented by CommissionersCareer Source Capital Region - Consortium

1 member to be appointed by the BOCC

Jim McShane, MPA Chief Executive Officer 325 John Knox Rd. Atrium Bldg. Ste. 102 Tallahassee, FL 850-617-4601 or Cell # 850-559-3860 [email protected]

TBD Established per the Interlocal Agreement between Wakulla County and CareerSource Capital Region (executed 6/1/15). The Consortium will exercise approval authority, over the budget adopted by CareerSource for final submittal and approval to CareerSource Florida and then the Dept. of Economic Opportunity. The Consortium will also excercise approval authority and review of the annual audit as conducted over CareerSource for final submittal to the proper funding authorities by CareerSource.





Somer Pell, Director, Planning and Community Development Subject: Request Board Approval of a Resolution to Close/Abandon a Portion of St.

Ansbury Street and a Portion of an Unnamed Platted Driveway in Surf Subdivision (Paul Parker, Agent/ Howard Kessler and Ann Van Meter, Owners)

Statement of Issue: This agenda item requests Board approval a Resolution to close/abandon a portion of St. Ansbury Street and a portion of an unnamed platted driveway in Surf Subdivision. Background: The current Administrative Regulation 8.02 related to road closings requires that citizens desiring to close and abandon a roadway must first obtain approval from the Board before an application for road closing can officially be filed (Attachment 1). If the Board determines that a closing of the subject roadway is appropriate for consideration, the citizen may then file an application with the Planning and Community Development Department and the matter will be advertised for the next practical public hearing. Paul Parker, designated agent for the owners of the parcels to the north and south of the proposed roadways to be closed, has made such a request. On October 15, 2018, the Board approved the filing of the application for the sections of roadways as follows (Attachment 2):

• Portion of St. Ansbury Street lying between Lots 3 through 8 of Block H, and Lots 13 through 18, Block A, containing sixty (60) feet of right-of-way width and extending approximately three hundred twelve (312) feet in length.

• Portion of an unnamed platted driveway lying between a portion of Lot 13 to Lots 14 through 18, Block A and Lots 3 through 7, Block A, containing fifteen (15) feet of right of way width and extending approximately two hundred sixty-three (263) feet in length.

The Surf Subdivision plat was recorded in 1930 in Deed Book 17 Page 222 (Attachment 3). The roadways and the unnamed driveway proposed for closure/abandonment are platted rights-of-ways within the Surf Subdivision plat, however these rights-of-ways were never constructed. Analysis: The applicant is the sole owner of the lots abutting the portions of the rights-of-ways that are proposed for closure/abandonment. Should the Board vote to approve the road closure/abandonment it would not hinder access to any other property owner.

Request Board Approval of a Resolution to Close/Abandon a Portion of St. Ansbury Street and a Portion of an Unnamed Platted Driveway in Surf Subdivision (Paul Parker, Agent/ Howard Kessler and Ann Van Meter, Owners) December 3, 2018 Page 2 The agent has also submitted a letter explaining the reason for the applicant’s request for closure/abandonment and seeks the Board consider the closure/abandonment separately from the other two platted roadways (Attachment 4). It is also important to note that there is a canal that runs from Surf Road to the north, through portions of the applicant’s property, as well as a portion of the unnamed platted driveway and connects to the Ochlocknee River. Additionally, a pond exists on the western most area of the platted St. Ansbury Street subject of this proposed closure/abandonment. The existence of these features may hinder development of these rights-of-ways. Over the years, several portions of platted rights-of-ways have been closed/abandoned by the County, including a portion of the subject driveway east of the subject location, as well as portions of Ochlockonee Street lying east of the subject location (Attachment 5). It should be noted, these road closure/abandonments were done prior to the 2010 adoption of the Comprehensive Plan Policy noted above. The advertisement for this Public Hearing appeared in the Wakulla News on November 1, 2018. Options: 1. Approve the closing/abandonment of a portion of St. Ansbury Street and a portion of an

unnamed platted driveway in Surf Subdivision. 2. Do not approve closing/abandonment of a portion of St. Ansbury Street and a portion of an

unnamed platted driveway in Surf Subdivision. 3. Board Direction. Recommendation: Option #1 Attachment(s): 1. Administrative Regulation 8.02 2. Area of Proposed Closure/Abandonment 3. Surf Subdivision plat 4. Letter from Applicants Agent 5. Previously Closed/Abandoned Rights-of-Ways 6. Proposed Resolution

AR: 8.02

Road Closing Policy and Procedures Planning & Community Development PETITION: A person or persons wishing to have a road closed shall petition the County Commissioners on a form provided by the Planning Department. The petition and all pertinent information shall be submitted to the Planning Department for determination as to whether formal action by the County Commission should be required to close the road in question. The Planning Department will contact other government agencies and appropriate officials during its determination. If it is determined that formal action by the County is not required, the petitioner will be so notified and any further action by the petitioner would constitute a civil action. If it is determined that formal action is required, the petitioner will be so notified and the following procedures shall be followed:

1. The petitioner shall complete a request for placement on agenda form, provided by the Planning Department, to seek approval to file an application to close/abandon a road, and submit the same to the Planning Department. The Planning Department shall submit the request to the Administrative Office of the Board of County Commissioners and notify the petitioner of the date and time to appear before the Board.

a. If the Board denies the petitioners request to file an application, No further action

shall be taken. b. If the Board approves the request to file an application, the following procedures shall

be followed:

APPLICATION: 1. The petitioner shall complete an Application to Close/Abandon Road, provided by the

Planning Department, and shall submit the application and all appurtenant information along with a filing fee to the Planning Department for processing.

2. The Planning Department shall notify all property owners abutting the road by certified

mail. (List of property owners to be furnished by petitioner)

ADMINISTRATIVE REGULATION DATE APPROVED:

SUBJECT: DEPARTMENT:

2

3. The Planning Department shall schedule a public hearing for the next practical night

meeting for public hearings and so notify the petitioner.

4. The Planning Department shall advertise the County’s intent at least once in the newspaper 15 days prior to the scheduled public hearing. This advertisement shall include a map, the time, date and place of the hearing.

5. After such public hearing, any action of the commissioners as authorized by Section

336.09, Florida Statutes, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The resolution shall be scheduled for adoption at the next practical scheduled meeting of the commissioners.

6. A letter shall be sent to the petitioner as to the action of the commissioners at the hearing.

7. Notice of the adoption of such a resolution by the commissioners shall be published one

time, within 30 days following the adoption of said resolution in a newspaper pf general circulation.




Somer Pell, Director, Planning and Community Development Subject: Request Board Approval to File an Application to Close/Abandon a Portion

of Pine Street in Surf Subdivision (Preston Cowie, Owner) Statement of Issue: This agenda item requests Board approval to file an application to close/abandon a portion of platted but not constructed Pine Street in Surf Subdivision and to advertise said road closing application for the next practical public hearing. Background: The current Administrative Regulation 8.02 related to road closings requires that citizens desiring to close and abandon a roadway must first obtain approval from the Board before an application for road closing can officially be filed (Attachment 1). If the Board determines that a closing of the subject roadway is appropriate for consideration, the citizen may then file an application with the Planning and Community Development Department and the matter will be advertised for the next practical public hearing. Preston Cowie, owner of the parcels to the east of the proposed roadway to be closed, has made such a request. The section of roadway requested for closure are as follows (Attachment 2):

• Portion of Pine Street lying between Lot 11 Block A, and Lot 20, Block B, containing fifty (50) feet of right-of-way width and extending approximately one hundred fifty (150) feet in length.

The Surf Subdivision plat was recorded in 1930 in Deed Book 17 Page 222 (Attachment 3). The roadway proposed for closure/abandonment is a platted right-of-way within the Surf Subdivision plat, however these rights-of-ways were never constructed. Analysis: The applicant is the owner of the lot abutting the eastern portion of the right-of-way that is proposed for closure/abandonment. Should the Board vote to approve the road closure/abandonment it would not hinder access to any other property owner. Over the years, several portions of platted rights-of-ways have been closed/abandoned by the County, including the southern portion of Pine Street (Attachment 4).

Request Board Approval to File an Application to Close/Abandon a Portion of Pine Street in Surf Subdivision (Preston Cowie, Owner) December 3, 2018 Page 2 Should the Board approve the filing of the proposed application, staff anticipates scheduling the Public Hearing for final consideration of this matter on January 22, 2019. Options: 1. Approve the filing of an application to close/abandon a portion of Pine Street in Surf

Subdivision. 2. Do not approve the filing of an application to close/abandon a portion of Pine Street, in Surf

Subdivision. 3. Board Direction. Recommendation: Option #1 Attachment(s): 1. Administrative Regulation 8.02 2. Area of Proposed Closure/Abandonment 3. Surf Subdivision plat 4. Previously Closed/Abandoned Rights-of-Ways

AR: 8.02

Road Closing Policy and Procedures Planning & Community Development PETITION: A person or persons wishing to have a road closed shall petition the County Commissioners on a form provided by the Planning Department. The petition and all pertinent information shall be submitted to the Planning Department for determination as to whether formal action by the County Commission should be required to close the road in question. The Planning Department will contact other government agencies and appropriate officials during its determination. If it is determined that formal action by the County is not required, the petitioner will be so notified and any further action by the petitioner would constitute a civil action. If it is determined that formal action is required, the petitioner will be so notified and the following procedures shall be followed:

1. The petitioner shall complete a request for placement on agenda form, provided by the Planning Department, to seek approval to file an application to close/abandon a road, and submit the same to the Planning Department. The Planning Department shall submit the request to the Administrative Office of the Board of County Commissioners and notify the petitioner of the date and time to appear before the Board.

a. If the Board denies the petitioners request to file an application, No further action

shall be taken. b. If the Board approves the request to file an application, the following procedures shall

be followed:

APPLICATION: 1. The petitioner shall complete an Application to Close/Abandon Road, provided by the

Planning Department, and shall submit the application and all appurtenant information along with a filing fee to the Planning Department for processing.

2. The Planning Department shall notify all property owners abutting the road by certified

mail. (List of property owners to be furnished by petitioner)

ADMINISTRATIVE REGULATION DATE APPROVED:

SUBJECT: DEPARTMENT:

2

3. The Planning Department shall schedule a public hearing for the next practical night

meeting for public hearings and so notify the petitioner.

4. The Planning Department shall advertise the County’s intent at least once in the newspaper 15 days prior to the scheduled public hearing. This advertisement shall include a map, the time, date and place of the hearing.

5. After such public hearing, any action of the commissioners as authorized by Section

336.09, Florida Statutes, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The resolution shall be scheduled for adoption at the next practical scheduled meeting of the commissioners.

6. A letter shall be sent to the petitioner as to the action of the commissioners at the hearing.

7. Notice of the adoption of such a resolution by the commissioners shall be published one

time, within 30 days following the adoption of said resolution in a newspaper pf general circulation.