Okaloosa County BOCC — November 18, 2014 — Agenda — reading text

suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission’s Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 16 of 18 40. FWC Agreement No. 13243 ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may terminate the Agreement in whole or in part. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee’s response to the solicitation. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 17 of 18 FWC Agreement No. 13243 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. OKALOOSA COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION SIGNATURE SIGNATURE Name: CGhaviae pose Name: —=SSINe WINdES, Jr. Title: . Title: Chacomarr Date: Date: Approved as to form and legality by FWC Attorney: SIGNATURE Name: Date: Attachments in this Agreement include the following: Attachment A Scope of Work Attachment B Certifications and Assurances Attachment Cc Requirements of the Federal and Florida Single Audit Acts Attachment D Cost Reimbursement Contract Payment Requirements Attachment E Certification of Completion GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 18 of 18 Attachment A —- SCOPE OF WORK Project Name: | Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS / SERVICES The objective of this activity is to construct a complex of marine artificial reefs in permitted artificial reef areas in state waters of Okaloosa County, Florida. The process will involve the identification of artificial reef materials acceptable to the selected contractor, GRANTEE, and the COMMISSION. The loading, vehicle transport from land based staging areas to a vessel for offshore transport and the placement within the designated permitted artificial reef areas of the maximum tonnage of donated clean concrete culverts, concrete or concrete and steel military target materials that can be moved and deployed will be based upon the competitive bidding process using funds not to exceed $140,000 provided by the COMMISSION with a cash match not to exceed $100,000 provided by the GRANTEE. Each of the patch reefs will consist of artificial reef materials placed as a single contiguous patch reef pile at the center points of two currently permitted reef areas, Fish Havens (FH) 13 and 14. The size of the individual patch reefs deployed in each of the two 40 acre permitted Fish Haven areas utilized will depend on the lowest, qualified bid. Individual materials within each patch reef will be composed of pre-cast concrete culverts and/or pre-cast concrete and concrete and steel military target materials. For each vessel deployment trip, approximately 80% of the individual concrete units loaded on the deployment vessel for utilization in the patch reef construction must weigh in excess of 1,000 pounds and no more than 20% of the reef materials at the time of placement on the vessel for deployment will consist of broken concrete rubble pieces or concrete units weighing between 500 and 1,000 pounds. The GRANTEE and selected contractor will identify, for COMMISSION review, acceptable materials that have the greatest potential for remaining substantially intact throughout the loading, transport and deployment process. GRANTEE selected materials will be approved by the COMMISSION’s Contract Manager during a final onsite staging area inspection prior to any pre-bid meetings and subsequent materials transfer from the County solid waste site location and the Eglin Air Force Base target range staging areas. The foot print and maximum vertical relief of each patch reef will depend on the quantity of materials available to be funded through the bidding process reviewed by the COMMISSION. Acceptable patch reefs may either be tightly stacked and piled to achieve a vertical relief of 10 — 15 feet with a foot print of approximately 50 feet in diameter or may be a lower profile more linear reef covering a rectangular area of approximately 40 feet by 100 feet with an average vertical relief of not less than four feet. The permitted artificial reef areas with permits active through the end of the Agreement period and targeted for material deployment include Fish Havens 13 and 14. FH 13 and 14 are located in state waters of the Gulf of Mexico, approximately 2.5 and 5.8 nautical miles west south-west of East Pass, respectively. The artificial reef construction activity to be funded consists of the following elements: MATERIALS 1. Artificial reef materials shall consist of concrete culverts, and used and unused concrete or concrete and steel military pre-cast target materials secured from staging areas on Eglin Air Force Base and acceptable to the COMMISSION following a final on site materials inspection by the COMMISSION’s Contract Manager. At least 80% by number of individual artificial reef military target units or culverts shall be sufficiently intact to withstand movement and handling without breaking up and must weigh at least Version 1.0 — June 2013 Attachment A, Page 1 of 12 Attachment A - SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 1,000 pounds each. No more than 20% of the remaining pieces or units by number once loaded on the deployment vessel shall consist of smaller concrete units or concrete rubble with each rubble piece or unit weighing at least 500-1,000 pounds prior to deployment. All materials shall be clean and free from asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. No topsoil or organic material such as vegetation shall be included in material deployments. If pre-cast concrete reinforced with steel rebar is utilized, no exposed rebar shall extend more than six inches beyond the concrete surface. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials before, during, and after the deployment. The GRANTEE shall meet with the COMMISSION’s Contract Manager to conduct an initial joint review of proposed stockpiled pre-cast concrete materials located on Okaloosa County property and on one or more Eglin Air Force Base test firing ranges. Following this initial staging area inspection and follow up discussion, the GRANTEE will provide to the COMMISSION’s Contract Manager an updated inventory of staging area materials recommended for artificial reef utilization. The GRANTEE and the COMMISSION’s Contract Manager, utilizing the GRANTEE’s updated materials inventory lists and representative photos, shall jointly conduct a final on site review of available used pre- cast target material and concrete culverts. The GRANTEE and COMMISSION shall jointly evaluate the structural integrity of each concrete unit proposed for use, and shall eliminate from artificial reef material consideration all badly damaged material that would be prone to break apart into pieces less than 500 pounds in weight during the handling and transport process. Units with extensive exposed rebar will either be eliminated from consideration or the rebar will be cut back by the selected contractor to within six inches or less of the units’ concrete surface prior to transport. Only materials jointly approved by the COMMISSION and GRANTEE will be authorized for deployment. The GRANTEE shall mark at the staging areas the materials selected for use by the GRANTEE and COMMISSION’s Contract Manager to assist the selected contractor in identifying which materials are to be moved from the County and Air Force base staging areas to the dockside staging location and vessel loading site. LOADING AND TRANSPORTATION Artificial reef materials will be loaded using a suitable means of conveyance for transportation from the Okaloosa County solid waste staging area and Eglin Air Force Base target range staging areas to a dockside staging site and loading onto a barge or other suitable vessel for offshore transportation to the designated artificial reef sites. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the contractor’s vessel at all times during transport of materials, pursuant to Chapter 379.249, Florida Statutes. The Cargo Manifest shall be current and include a one paragraph description of the concrete material to be Version 1.0 — June 2013 Attachment A, Page 2 of 12 Attachment A —- SCOPE OF WORK Project Name: Okaloosa County Artificial Reef FWC Agreement No. 13243 Construction 2014-15 deployed on that particular day at sea as well as the location(s) of the targeted reef deployments. The FWC Artificial Reef Cargo Manifest form is available on the COMMISSION’s website: http://www.myfwc.com/conservation/saltwater/artificial-reefs. For each barge load of artificial reef materials, the GRANTEE shall calculate the tonnage (either using before and after barge draft