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09/17/2014 Agreement 1 DEP AGREEMENT NO.S0723 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO LINE ITEM 1591 OF THE 2014-2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 thereinafter referred to as the "Grantee"), a local government, to provide financial assistance for the Geiger Key Canal i472 Culvert Installation. In consideration of the mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. This Agreement shall begin upon execution by both parties and remain in effect until June 30, 2015, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$100,000. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion,submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds, including,but not limited to, the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than June 20, 2015, to assure the availability of funds for payment. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour,and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the DEP Agreement No. S0723,Page I of 7 Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals)resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount,the Grantee may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. D. In addition to the invoicing requirements contained in paragraphs 3.8. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information,when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department fords that these funds have been commingled, the Department shall have the right to demand a refund,either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund,and shall forthwith pay to the Department,the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. DEP Agreement No.S0723,Page 2 of 7 iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall utilize Attachment I), Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty(20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term"quarterly"shall reflect the calendar quarters ending March 31,June 30, September 30 and December 31. The Department's Grant Manager shall have thirty(30)calendar days to review the required reports and deliverables submitted by the Grantee. Final payment,of up to ten(10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is completed, all deliverables have been submitted,match requirements have been met and the Final Project Report has been received and approved. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination,the Department shall provide thirty(30)calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s)fortermination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty(30)calendar days written notice. 8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department,the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department,within ten(10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance under this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. DEP Agreement No.S0723,Page 3 of 7 In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. 9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement,unless the records are exempt from Section 24(a)of Article I of the State Constitution and Section 119.07(lxa),Florida Statutes. 10. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. i i. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit Ito Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit I must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1,the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination"(form number DFS-A2-NS) that can be found under the"Links/Forms"section appearing at the following website: httns://apvs.fdfs.com/fsaa The Grantee should confer with its chief financial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to DEP Agreement No. S0723,Page 4 of 7 be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes,but is not limited to,compliance with all applicable federal,state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 15. Any notices between the parties shall be considered delivered when posted by Certified Mail,return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 16. The Department's Grant Managers(which may ako be referred to as the Department's Project Managers) for this Agreement are identified below. Randy Landers Florida Department of Environmental Protection South District Post Office Box 2549 Ft.Myers,Florida 33901 Telephone No.: (239)344-5659 Fax No.: (850)412-0590 E-mail Address: Randal.landers@dep.state.fl.us 17. The Grantee's Grant Manager for this Agreement is identified below. Rhonda Haag Monroe County Board of County Commissoners 102050 Overseas Highway,Suite 2-246 Key Largo,Florida 33037 Telephone No.: (305)453-8774 E-mail Address: Haag-Rhonda(almonroecounty-fl.gov 18. To the extent required by law,the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers'Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes,the Grantee DEP Agreement No. 50723,Page 5 of 7 • shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. The Grantee warrants and represents that it is self-funded for liability insurance,appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees,servants and agents while acting within the scope of their employment with the Grantee. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 22. The Department may at any time,by written order designated to be a change order,make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity,at(850)487-0915. 24. Land acquisition is not authorized under the terms of this Agreement. 25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida. 26. This Agreement 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,duly signed by each of the parties hereto,and attached to the original of this Agreement,unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0723,Page 6 of 7 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year last written below. MONROE COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF OF COON COMMIS 0hF6 S ENVIRONMENTAL PROTECTION — • By: _ 7.. J,--. Itle: * *gyg opih_a& e Secret or designee Date: SCpICMLCv nth, Th9111 Date: ie//° / 1 MONROE COUNTY ATTORNEY dy Landers,DEP Grant Manager pD AS T/0.✓FORM: % 7 9SNEWsEL EPlV D Contracts Administrator SISTANT COUNTY ATTORNEY Date 9- 17- a2)1/ Approved as to form and legality: Qcln_.e 2J,v.Jo�,c4, DEP Attorney FELD No.: 59-6000749 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Ageement: Specify Letter/ Type Number Description(include number of pages) Attachment A Grant Work Plan(4 Pages) Attachment B Payment Request Summary Form(2 Pages) Attachment C Contract Payment Requirements(l Page) Attachment D Progress Report Form(I Page) Attachment E Special Audit Requirements(5 Pates) i�� d1A l: 3 \I, J ep ot7 \S r? if DEP Agreement No.S0723,Page 7 of 7 ATTACHMENT A GRANT WORK PLAN Project Title: Geiger Key Canal#472 Culvert Installation Project Location:Monroe County Florida Keys Watershed/HUC=03090203. Project Background: The work to be accomplished under this Agreement has been identified by the Canal Restoration Advisory Subcommittee of the Florida Keys National Marine Sanctuary (FKNMS) Water Quality Protection Program (WQPP)as one of the high priority projects to assist with Monroe County canal water quality restorations. Many of the canals in the FKNMS do not meet the State's minimum water quality criteria for dissolved oxygen and contain accumulations of organic debris from the deposition of weed wrack trapped in the dead ends of the canals. This project is a priority of the FKNMS WQPP Steering Committee which recently passed a motion to develop a plan to prioritize canal restoration projects and to identify funding sources for these projects. The tourism economy of the Keys depends largely on clean water and a healthy environment and this project is fully supported by the WQPP Steering Committee and local governments in Monroe County. The successful implementation of this project is also consistent with the goals of the Florida Keys Reasonable Assurance Document that was recently adopted by the Department in order to satisfy the requirements of the Impaired Waters Rule, Chapter 62-303 of the Florida Administrative Code. Under the Department's Agreement S0679, the Grantee contracted AMEC Environment & Infrastructure, Inc. (AMEC)to prepare the final design plans and obtain permits for the installation of the third ranked culvert in the Monroe County demonstration project ranking list which was located at canal #472 in Geiger Key, Florida Keys. Final design plans,technical specifications and permits were submitted in June 2014 as the final deliverable for the 50679_Agreement. The work under this Agreement includes the installation of the culvert at the canal #472 Geiger Key. The Grantee will hire a qualified contractor to perform the installation. The design plans, technical specifications and permits prepared under Agreement S0679 form the basis for the technical scope of work. In addition, the Grantee will contract AMEC to provide construction support services including construction engineering inspections and engineering during construction to ensure that the culvert is installed per design plans and permit requirements. VISE SiliaXaREE-22( : r ,,. ., ',". jh14.. 'k cF"{° ,I 1.1 r Task l: Culvert Installation The Work Plan for this Agreement includes the installation of an elliptical culvert across Boca Chica Road that will hydrologically connect Monroe County Canals#472 and#470, located in Geiger Key. The invert of the submerged culvert will be placed at-3.5 NAVD88 and remain submerged at low tide. All heavy equipment will be land based. The 24" X 38" reinforced elliptical concrete pipe will extend 112 linear feet and connect canals #472 and #470. Both ends of the culvert will be fitted with manatee grates constructed in accordance with the Florida Fish and Wildlife Conservation Commission guidelines. Silt fence and floating turbidity barriers will be installed prior to construction and maintained throughout the project in-aeeordance with performance standards for erosion and sediment control and stormwater treatment set forth in section 62-40.432,Florida Administrative Code(FAC). All construction activities will be performed in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) standard manatee conditions for in-water work and the National Oceanic and Atmospheric Association(NOAA)Fisheries construction conditions for sea turtle and smalltooth sawfish. Materials for the culvert will be brought onsite via existing roads;the contractor will install and maintain a stabilized construction entrance within the proposed construction zone to avoid environmental impacts. The contractor will also implement maintenance of traffic plan in accordance with Monroe County and the Florida Department of Transportation (FDOT) and as described in the plans. Any clearing and grubbing will be limited to the areas DEP Agreement No.S0723,Attachment A,Page 1 of 4 • required to access the site and operate the equipment. The submerged culvert and concrete seawall will be installed using open cut excavation techniques utilizing trench boxes, back-hoe excavator, front end loader, and roll off containers. The back-hoe will excavate the overburden material and stockpile in designated reuse or unusable roll-off containers to minimize erosion and sediment control concerns.Following the aforementioned excavation,trench boxes will be installed to ensure OSHA requirements are being met for worker safety. The contractor will install the 24" X 38" reinforced elliptical concrete pipe and concrete seawall as described in the plans and technical specifications. Designers have the following three(3)options for the installation of the elliptical culvert crossing Boca Chica Road: Option 1:Dewatering Method I Sheet piling will be lowered into the canal with the use of heavy machinery located within the upland. The steel sheets will be pushed into the canal's subsurface using only the weight of the equipment. This option does not require the use of a vibrating hammer. Soil disturbance is expected to be minimal. The sequencing of construction activities is as follows: Typical Construction Sequencing: • Installation of BMPs • Installation of the cofferdam • Removal of seawall • Excavation of road bed • Stabilize area • Installation of culvert • Repair seawall • Install manatee grates • Remove the cofferdam • Remove erosion and sediment control measure Option 2: Dewatering Method 2 In order to contain the dewatering effluent, contractors shall erect a portadam cofferdam. Unlike a sheet pile constructed cofferdam,a portadam cofferdam does not penetrate the subsurface,their installation does not require the use of earthen materials to create the structure, and their component parts can be easily removed upon project completion without disturbance to the canal bottom. The portadam cofferdam can be deployed in four to six hours with minimal disturbance to the canal bed. The stmcture can be installed on land and lowered into the canal with the assistance of heavy equipment to minimize environmental impacts. Once the portadam cofferdam is installed in the canal,it will effectively stop the Flow of water. Any water still within the cofferdam and seepage during construction will be controlled with trash pumps. After the job is completed,the cofferdam is removed and the water in it goes back into the canal. The soil is not disturbed. Typical Construction Sequencing: • Installation of BMPs • Installation of the portadam cofferdam • Removal of seawall • Excavation of road bed • Stabilize area • Installation of culvert • Repair seawall • Install manatee grates • Remove the cofferdam • Remove erosion and sediment control measure DEP Agreement No.S0723,Attachment A,Page 2 of 4 Option 3: Wet Method After the installation of the pipe, backfill material shall carefully and uniformly be simultaneously placed on both sides of the pipe or structure by carefully lowering the material into the trenches down to the water surface and then releasing it to settle through the water. Under no circumstances shall backfill material be dumped,pushed,or shoved into the wet trench. Backfill material shall be carefully and uniformly rammed around both sides of the pipe to properly bed and support the pipe. No specified density requirement shall apply to backfill carefully placed in wet trenches until the fill has reached a level 1-foot above the water,at which elevation the remainder of the backfill shall be placed in lifts not exceeding 9-inches. The operation of heavy equipment shall be conducted so that no heavy damage to the pipe will result. Backfill material 12-inches and above the top of the pipe shall be compacted to not less than 95 percent of maximum density as determined by AASHTO Designation T 180. Selected material for backfill shall not contain any stones or rock larger than 3-inches. The Grantee selected contractor will provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, and transportation for the proper execution and completion of all work as specified on the final design plans,referenced technical specifications,and project permits included in this work plan. Task 1 Deliverable: Photocopy of Record Plans marked up showing the work installed and other authorized changes signed and sealed by the Contractor's Specialty Engineer and Land Surveyor and Mapper. Budget: $78,291.00 for Contractual Services Performance Measure:The Department's Grant Manager will review the marked up Record Plans and will consult with the appropriate staff of the Department and the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 51-17,F.A.C.,pursuant to Chapter 472,F.S. Completion Date: May 29,2015 NOTE: Payment will be upon completion of the task and review and approval of the deliverable. Task 2:Construction Support Services and Engineering During Construction The Grantee will contract with AMEC to conduct the following activities: • Site Meetings with Contractor: Prepare the agenda and prepare the meeting minutes for the two (2) meetings with the site contractor. • Requests for Information: Review contractor RFI's and respond as required to clarify the contract documents,including providing revised drawings or specifications if needed. • Submittals: Review the contractor's submittals (schedules, samples, product data, shop drawings, installation drawings,etc.)and provide review comments for same. • Project Close-Out: Attend one (1) Project Close-Out Meeting Review and amend the contractor's punch lists for substantial and final completion. When all items are complete in accordance with the contract documents,issue a report indicating final acceptance of same. • Provide Engineering Support as needed during Construction: Provide consultation and advice to the Grantee regarding the contractor's performance of the project. Liaise with the Grantee, homeowners, and other stakeholders as necessary to administer the construction contract. • Site Inspection: AMEC will oversight the construction contractor and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. AMEC will also provide adequately educated spotters to ensure that no marine life will be harmed by the culvert installation. Additionally,AMEC will perform the turbidity monitoring as required under the permit issued by the South Florida Water Management District. The costs for daily site inspections (up to 8 hours per day)and construction administration are based upon the number of construction days estimated to complete the project. For this project the number of estimated field construction days is 14 work days based upon a Monday to Friday work schedule during daylight hours only. DEP Agreement No.S0723,Attachment A,Page 3 of 4 Task 2 Deliverables: Meeting agenda and meeting minutes, daily work reports which will include dated color photographs of the site prior to and during construction and immediately following completion of the project (electronic files) and environmental inspection reports and report of final completion check list. Task 2 Budget:$21,709.00 for Contractual Services Performance Measure: The Department's Grant Manager will review the project photographs, meeting agenda/minutes, daily work reports, environmental inspection reports, and report of the final completion check list and will consult with the appropriate staff of the Department to ensure all deliverables are acceptable. Completion Date:June 12,2015 NOTE: Payment will be upon completion of the task and review and approval of the deliverables. TOTAL OF ALL TASKS:$100,000.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.S0723,Attachment A,Page 4 of 4 • ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee: Grantee's Grant Manager: Mailing Address: Payment Request No.: DEP Agreement No.: S0723 Date Of Request: Performance Period: Task/Deliverable Amount TasWDeliverable Requested:$ No.: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant throubh End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENT MATCHING REQUESTS FUNDS Salaries $N/A SN/A SN/A $N/A Fringe Benefits $N/A SN/A SN/A $N/A Travel(if authorized) $N/A $N/A SN/A $N/A Subcontracting: Contractual $ $ SN/A SN/A Equipment Purchases $N/A SN/A $N/A SN/A Supplies/Other Expenses SN/A $N/A $N/A SN/A Land SN/A SN/A $N/A $N/A Indirect SN/A $N/A SN/A $N/A TOTAL AMOUNT $ $ $N/A SN/A TOTAL TASK/DELIVERABLE $ SN/A BUDGET AMOUNT Less Total Cumulative Payment $ $N/A Requests of: TOTAL REMAINING IN TASK $ $N/A GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP 55-223(03/12) DEP Agreement No.S0723,Attachment B,Page 1 of 2 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVER4BLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT'for the amount to enter on the"TOTAL REMAINING IN TASK'line. _ "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK'line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. _ GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent NOTES: If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP 55-223(03/12) DEP Agreement No.S0723,Attachment B,Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,travel,expenses,etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee(e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds,the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code,regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02,Florida Statutes,for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP 55-219(05/2008) DEP Agreement No.S0723,Attachment C,Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0723 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0723 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No.S0723,Attachment D,Page I of I ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor" or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at http://12.46.245.173/cfda/cfda.htmL DEP Agreement No. S0723,Attachment E,Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider ail sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART HI:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to spec fy arty additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy fie., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange forfunding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: DEP Agreement No. S0723,Attachment E, Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(ri)den.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised(the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at g://harvesteccensus.eov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(t), OMB Circular A-133,as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor,to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(n,dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSineleAudit(aden.state.fl.us DEP Agreement No.S0723,Attachment E,Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 1 1 l West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.B.us 5. Any reports, management letters, or other infonriation required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 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