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Item O7KA110 OEM, W I I El Die I IIII V 310 M Q 11I 11,75 F.1 11.4 ffilm Rieeting Date: Septembu 17,2014 Division: County Administrato [Lulk Item: X No — Department: CoM Administrator - 7 1 0 ------------ ------ In CM—AUMAaWn AaVisorysubcomnurree recommended award of this grant to Monroe County at its meeting held on July 15, 2014, as a continuation of work that the County completed under DEP Grant S0679. Under S0679 Monroe County prepared the final design plans and obtained permits for the installation of this culvert. TOMS permits prepared under DEP Grant S0679 fonn the basis for the technical scope of worlL In addition, Monroe County will contract with 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. The grant does not require matching funds. However, if the bids for the installation come in higher than $78,291.00, the County shall fund the excess amount. If the bids come in lower than $78,291 the County will receive the amount of the lowest approved bid. 4 111 R3 4 D31 IF I 01WRI41-1 0 111) 1) OWA ti A ILT wl will 0 tWl 1 $0 3 A I W 6 1 V CONTRACr SUNIMMY Contract with: DEP U5 Contract #SLJffx- Effective Date: September 17, 2014 Expiration Date: June 30, 2015 Contract Purpose/DescriDtion: This DEP provides funding up to $78,291 for the installation of a culvert at NO: R 9 P-7 Ur =17, MMS.V06! Contract Manager Rhonda Haag 8774 CAD M.S. #26 (Name) (Ext.) (Deparill ent/Stop #) for BOCC meeting on 09/17/14 Agenda Deadline: 09AW14 NORIZI i ZFITQ 11ROZ Total Dollar Value of Contract: $ 100,000.00 Current year portion: $ 100.000.00 Budgeted? YcsO No AccountCodes-. Grant: $ Yes County Match: $ ADDMONAL E5`iT--S Estimated Ongoing Costs. $0jyr For. N/A (Not included in dollar value above) (ep- 11ai1te1911OAL UtiffiP.- i8Tif,T-iIPI k-: Date In Division Director Risk Management O.M.BJPurdming 4�#4 County Attorney Comments: CONTRACT REVIEW Changes Date Out Needed Reviewer YesF] NoFI YesE]Nob YesEl NoO qw, f I YesEl Noo Key. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: Approval TOTAL COST:TBD. 110,,000.est, INDIRECT COST: hgjdental BUDGETED: Yes _jNoX DIFFERENTIAL OF LOCAL PREFERENCE: _N/A 3 0 j COST TO COUNTY: TBD, $0 - $1QQQ0 estimated SOURCE OF FUNDS- Grant S-0 _ 123 REVENUE PRODUCING: Yes X N AMOUNT PER MONTH Year, APPROVEI County Any OMB/Purchasmig — Risk Management MOCUMENTATION: Included X Not Required" DISPOSMON: AGENDA ITEM No. —CAD # � FIA TXFF93 vilizi STATE OF FLAY-TDA GRANT AGREEMENT TMS 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 COFANUSSIONERS, whose address is 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 (hereinafter referred to as the "Granteea local government; to provide financial assistance for the Geiger Key Canal #472 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 fbrth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which am attached hereto and incorporated by reference. This Agreement shall begin upon execution by both parties and remain in effect until Jurm 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. 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 pmt of the Grantee. B. The Grantee "I 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 accordant* with the schedule therein. Reimbursement shall be requested utilizing Attacbment 0, PaymW- Request Summary Form. To be eble fbr 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 Expendibires. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit themoE A final paymcM request should be submitted to the Department no later than June 20, 2015, to assure the availability of funds for paymca 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: i. Contractual (Subcontractors) - Reimbursement request fbr payments to subcontractors mug be substantiated by copies of invoices with backup documentation identical to dua required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hourdtime spent on the pmjwL All multipliers used (ie. fringe benefits, overhead, and/or general ani administrative rates) shall be supported by audit If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the twaw 1--oLE Ulu LOJ�w u-mR134--im the prevailing raft wed by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed price subcontracts rm, consultants/contractors in pefforming the work described in Attachment Invoices submitted to the Department for fixed price subcontracted activiti shall be supported with a copy of the subcontractoes invoice and a copy oft tabulation form for the competitive procurement process (Invitation to Bid Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award EL 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 Grantec may proceed in finalizing the fixed price subcontract. CAll 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 32. 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 in1brritation, when requested, must be provided within thirty (30) calendar days of such mquest. 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 �n brrpjiw��.Qd rs.conVnadir/reference,;5f&uide. E. L The accounting systems for all Grantces must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted fbr sepmtcly. Gmntecs am prohibited from commingling fimds on either a program -by - program or a pwlect-by-project basis. Funds specifically budgeted andlor received fbr one project may 'not be used to support another project Where a Granitas, or subrecipienfs. 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 finds that these funds have been commingled, the Department shall have the right to demand a rellmd, either in whole or in put, of the funds provided to the Grantee under this Agreement for non-compliance with die material terms of this Agreement The Grantee, upon such written notification from the Department shall reW and shall forthwith pay to the Department, the amount of money demanded by the DepartmenL Interest on any rcfimd shall be calculated based on the prevang rate used by the State Board of Administnitiori. Interest shall be calculated from the date(s) the ornal payment(s) am received from the Department by the Grantee to the date repayment is ma4e by the Grantee to the De1artment fli. 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 fbr all recovered funds originally provided under this Agteentent Interest on any refund shall be calculated based on the prevailing rate used by die State Board of Administration. Interest shall be calculated from the date(s) the payment(s) am recovered by the Grantee to the date repayment is made to the Department by the Grantee. The State of Floridits 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. The Grantee shall utilize Attachment Do Progress Report Form, to describe the work performed during the reporting period, problem 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 fbilowing the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quwwrly" shall reflect the calendar quarters ending March 3 1, June 30, September 30 and DecemberThe Departments 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 idwed in paragraph 3A., 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. 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. Department may terminate this Agreement at any time in the event of the failure of the Grantee to fdlflll any of its obligations under this Agreemem Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shzll provide the Grantee an opportunity to consult with the Department regarding the remon(s) fbr termination. B. The Department may terminate this Agreement fbr convenience by providing the Grantee with - thirty (30) calendar days written notice. sit Allit Alp - 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 Grant" shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal ts; 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. M i �1[0&1;f %A 0-4 t-D P-J WIVA P11 MeM #1 a I 1 4 In the event the CAP fails to conect or eliminate performance deficiencies by Grantee, ths Agreement for failure to perfbrm. No actions approved by the Department or steps taken by thi Grantee shall preclude the Department from subsequently asserting any deficiencies in perfbrmance. Ile Grantee shall continue to implement the CAP until all deficiencies am F JW,1 A r-Ti as a "Myt-0 *e of *e QP will !(.-- wade tir. t1re Dgqw� T . b C. Failure in 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 fbrth 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 refiisal 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 I I 9a), 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 Departrncnt� the State, or their authorized representatives shall have access to such records fbr audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grflot= 3hZIJ similarly require each subcontractor to maintain and allow access to such records for audit purposes. It. 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 put hereof Exhibit I to Attachment 9 sununari2m 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 Grant= shall notify the Department's Grants Development and Review Manager at 8501245-2361 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 fta-ther apply to lower tier transactions that may be a result of this AgrcemcnL The Grantee shall consider the type of fittancial auistance (federal and/or state) idened in Attachment E, Exhibil I when making its determination. For fedend financial assistance, the Grantee shall utilize tlLe guidance provided under OMB Circular A-133, Subpart B. Section .210 for detaminin-z4 whether the relationship represents that of a subrccipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstaft Organizations RecipientISubreciplent vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Fornis" section appcojing at the fbilowing wabsite: WIRISBROOM&O-m/fin 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 Departmenes; 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 msponsible fbr all work to be performed under this Agreement. The Grantee agrees to LIM. 4 R:: I# XI M11 It OU.&MUT lt-d-% 11.W1A[.VJ Out 13. in accordance with Section 216.347, Florida Stxmtcsthe Grantee is hereby prohibited from using fimCL5 provided by this Agreement for the purpose of lobbying the Lc&lature, the judicial branch or a state agency- 14. The Grantee shid! 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 saf4y rules and regulations. The Grantee fiirther 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 M", return rt—ipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. M The Department's Grant Managers (which may also be referred to as the Department's PrqJ act Managers!' for this Agreement arc identified below. ............................................................ ----- ---- . .............. it Post Office Box 2549 FL My _eM Flotida 33901 NFFTRTITMTiiNiii! ")-3444659 :M MMIE-C rz ......................... Or.! il I'll' U-M!"'M M 011111, KayLarvo orid&33037 ................. M.11 stra". EXIS 18. To the extent required by law, the Grantee will be self -insured agains4 or will secure and maintain during the life of this Agreement, Workc& Compensation Insurance for all of ift employ= 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 fbr 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 Workere Compensation law. In ease any clew of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee for th� protection of his employees not otherwise protected. 11114'IfIrr, �W T = 161140 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. Reimbumement for equipment purchases costing S1,000 or mom is not authorized under the term 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 incm-c or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the ground, 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 AgreemeaL 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 mpak of a public building or public wad(, 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 trimsact business with any public entity. The Florida Department of Management Services is respormilile fbr nWataining 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 (350) 497-091 S. rur-MM-11M.M.M. MITMNIM 25. *Mis Agreement has been delivered in the State orFlorida and shall be construed in accordance with the laws of Florida. Wherever possible. each provision of this Agrecinentshall be interpreted in such manner as to be cOwtive 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 tD the Went of such prohibition or invalidity, without invalidating the remainder of such provon or the remaining provisions of this AgmcmcnL Any action hercon or in connection herewith shall be brought in Leon County, Florida. 26. Tbis 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. 21—:1.31-10 (30 01,111070:1 651-AZ 1 V IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below, MOPIRDECOUNTYBOARD OF COUNTY COMMISSIONERS By: Title: EM MONROE COUNTY ATTORNEY A,P r it o vS D A S TO 54?�M: NAI I W '-ASSEL ASSISTANI CUUN) Y ArT NEY Onto STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Dean Randy Landers, OFF Great Manager USE Coy is Administrator Approved as to fican and legality, *For Agmments with govemnanital boards/commissions: If someone other than the Chaimum signs Agv-eveTe-, a wiplutiojr, o"n�rfjt or otker do@utitext autAo:4ziif�q Ckst tw. A f. f 6t A,4Kmntxt mm 5��r�Adf s Grantee must accompany the Agreement List of aftchmentstexhibits included as part of this Agreement. Specify Letter/ Type Number Description (include number of pages) A-0-chm—eni A 9MG11 W2fk Elan (4 Eigejs B Epym�I_ftuest Summaev FqLm _ _J2 Pgqe51--- AlIghment C gontract Pgyment ReaWremegisfi. Palle) Awbm D E_nUXML&pgrt Form U Patel E SpSciajAudftRegMLrtm=j5rAges)— ATTACHMENT A GRANT WORK PLAN Project Location: Monroe County Florida Revs Watershed 41UC= 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 one located at canal #472 in Geiger Key, Florida Keys_ Finaldesign plans, technical specifications and permits were submitted in June 2014 as the final deliverable for the S0679 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 engineering including g construction inspections and enisincerine during construction to ensure that the culvert is installed per design plans and permit requirements. Task 1: Culvert Installation The Work Plan for this Agreement includes the installation of an elliptical culvert across Boca China Road that will hydrologically connect Monroe County Canals # 472 and 0470, 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 9472 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 accordance with performance standards for erosion and sediment control and stormender treatment set forth in section 6240.432, 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 smalhooth 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 of4 required to access the site and operate the equipment. The submerged culvert and concrete seawallwill 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 Chico Road: Option 1: DervaserAig Mediod 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 leguencin P', • 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 Option2: DeovarowthgAleftiod`2 In order to contain the dewatering effluent, contractors shall erect a portadarn cofferdam, Unlike a sheet pile constructed cofferdam, a porladam 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 portadem cofferdam can be deployed in four to six hours with minimal disturbance to the canal bed. The structure can be installed on land and lot; ered into the canal with the assistance of heavy equipment to minimize environmental impacts. Once the portadom 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. TE ical ConstrucItka Sequencin • Installation of BMIA • 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 or4 Option 3: Kof Atenhod After the installation of the pipe, backflll 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 hea%,-y 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 AAsfiTO 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 I 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: $79,29 1.00 for Contractual Services Performance Measure: The Department's Grant Manager will review the marked up Record Plans and will consult with the appropriate staff or the Department and the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 5J-17t 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 is and respond as required to clarify the contract documents, including providing revised drawings or specifications if needed. • Submitmls� Review the contractor's submittals (schedules, samples, product data, shop drawings. installation drawings, etc.) and provide review comments for same. • Project Close -Our 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 spoilers 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. DL P Agreement No. S0723. Atia6ment 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 sniff 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: SI 00,000.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0723, Attaclunem A, Page 4 of 4 ATTACHMENT I PAYMENT REQUEST SUMMARY FORM Grantee: Mailing Address: D P Agreement No.: S 7 3 Date Of Request: tm-------------------------.ra------ Tas eliverable Amount Requested 5........ Grantee's Grant Manager: Payment Request No.: Performance Periods uvuvuvuvuvuvuvuvuvuvuvuv TaskIDeliverable No.: GRANT EXPENDITURES SUMMARY SECTION lEffective Date of Grant throuth End -of -Orate Fa- n Adl AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENT MATCHING RE UESTS FUNDS Salaries SN/A SN/A SNP, SN/A Fringe Benefits SN/A. SNIA SN/A SPEA Travel (if authorized) SPA SN/A SN/A SN/A Subcontracting: Contractual S S SN/A SNIA Equipment Purchases SN/A SN/A SNIA SPEA Supplies/Other Expenses $N/A SN/A, SN/A SNIA Tend SNIA SHIA SN/A SN/A Indirect SN/A SN/A SN/A SN/A TOTAL AMOUNT $ SNIA SN/A TOTAL °TAS ELTVERABL,E S SN/A BUDGET Aiv OU T A Tess Total Cumulative Payment S WA S u is 2 TOTAL REMAINING IN TASK S SNIA GRANTEE ERTIFI o-TI J The undersigned certifics that the amount being requested for reimbursement above was for items that were churned to and utilized oniv for the above cited anent activities. Grantee's grant Manager's Signature Grantee's Fiscal Agent Print :*lame Print Flame Telephone Number Telephone Number DE 55-223 (03.12) DLP Agreement No. S07234 Attachment S, Paige i 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, TASIUDELIVERABLE AMOUNT REQUESTED- This should match the amount an the "TOT4L TAMOSELIVERABLE BUDGETAMOUNT" 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 [Tic timeline shown for the task/deliverable in the Agreement). TASK/DE LIVE BAD LE 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 REQEET'"" �C)L,tJ� : 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' lists, Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTI OF' from the "TOTAL TASK BUDGETAMOUNT" for the amount to enter on the "TOTAL REMAINING IN TASK" line, "TOTAL CUMULATIVE PAYMENT 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 6'LEI?S TOTAL CUMULATIVE PAYMENTS OF' line for this column Deduct the "LESS TOCIL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGETAHOUNT' for the amount to enter on the "TOTAL REMAINING IN TYPE" 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 or Financial Services, Chief Financial Offlear. Documentation per match claims must meet the same requirements as those expenditures for reimbursement. DEP 55-223 (01-12) DEP Agreement No, S0723, Attachment B. Page 2 of 7 ATTACRMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Remmurrectearr 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 ftern has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece or 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: (1) 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 arnount 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 novel to 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. irnonexpendable 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 y2, 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 fisrin 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: bitX­,.. % %-is%v.tldfsconiaadit.-refereiice—quide,!Ltm DEP 55-219 (05/2008) UP to No S0723. Attachment C, Page I of I ATTACHMENT D PROGRESS REPORT FORM Agreement No.: S0723 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: -RmTiPerioda 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 identifj, by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The followingfor mat 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. 50723, 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 "Deportment", "DE ", VDEP" or "Grantor", or other name in the contracilagreeencra) to the recipient (which nim, he referred to as the "Conti -actor", Granites" at- other naine in the contractlogiveinelly may he subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. Imufflommm 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 procedurestprocesses 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. ou"Im PART 1: 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. 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 I 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 AA 33, as revised, will meet the requirements ofthis part. In connection with the audit requirements addressed in Pad 1, paragraph 1, the recipient shall fulfill the requirements relative to auditce responsibilities asprovided 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 infiannation regarding the Catalog of Federal Domestic Assistance (CFDA) via the internal at tilip1/114(L24';.173/crda/crdii.litmL DEP Agreement No. S0723, Attachment E. Page I of 5 PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, In the event that the recipient expends a total amount of state financial assistance equal to or in excess of S500,000 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 governments] entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Frivirmanional Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other slate agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(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, If the recipient expends less than S500,000 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 S500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities) - For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hups. apjfldfi;.Lom.-'fsaz for assistance. In addition to the above websiles, the following websites may be accessed for information. Legislature's Website at wwly, leg. slate . fl. us. "1ecomqJndcx.c fin State of Florida's a-ebsite at hit ig,-ww,,v myflondUcom Department of Financial Services' Website at litiR.- ww%%.fldFs.com.-' and the Auditor General's Website at hnp.i. —waostaie.fl.uslaudgen, PART III: OTHER AUDIT REQUIREMENTS (VIOTE: This part would be used fey zftecifi� too, additional audit requirements imposed 41, the State awarding emily that airs, solely as matter qf1hal State au,twdmii entity's policy lle, the audit is nor required by Federal or State kns_�s and is not in coadha with other r-ederal or does, audit requirements). Pursuant to Section 215 97(8), r1orida Statutes, State agencies may conduct or arrangefir audits ofShare finsincial avastance that are in addition to audits conducted at accordance with Section 215.9-, Florida Statures. In such an event, fire Slate awarding agenct, must arramieforfiaiding the di cost sPirsuch additional audits.) PART IV: REPORT SUBMISSION 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 4wectly to each of the fid lowing; DEP Agreement No. S0723, Attachment E, Page 2 of 5 X 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, ME 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Elcctromcally: EPEPSingl�eAudal@�de-staic �flu,. BThe Federal Audit Clearinghouse designated in GRID Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) 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 Wth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for Fiscal periods ending on or after January I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at Imp -'.'harvester census gwi, jac.' C, Other Federal agencies and pass -through entities in accordance with Sections .320 (a) and (I), 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, ME 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin0eAuda-'h)d­ ggle fl Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the fidlowin& A. The Department of Environmental Protection at one of the following addresses: Audit Director Florida Department of Environmental Protection Office of the Inspector General, ME 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: I'DEPSingleAutfignadeXstaleflus _ 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, C landic Pepper Building I I I 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, INS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FI)EI'SuiAleAurfity-fileTstate-fl-tis _ 5, Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-] 33, Florida Statutes, or Chapters 10.550 (local governments[ 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 10350 (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 RETEN,nON 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0723, Attachment E, Page 4 of 5 EXHIWIT— I FUNDS AWARDFD'IC) THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWINU Federal Resources Awarded to The Rest lent Pursuant to in s -rearrest Consist of lie Followifto! —Federal State Progress CfDA Appropriation Nurracir Federal A � ne Number CFDA'rille ;Fund;mAmMouniCate cary Total Award $100,000 00 for each program identified above, the recipient shall comply with the program requirements dcqcnl!cd in the Catalog of Fockuld Domestic Assistance (CFDA) [hup 12 46 24S lon:1] anchor the Florida Catalog of State Financial Assistance ICSFAI [Imps.flapps fldfs,cornlfsearchCatelog.espx] The servicespurpowLs for which the funds are to be used are included in the contract scope! orservautshvierk Any match required by the recipient is clearly indicated in the Contract OFF Agreement No 50723, Attachment E. Page 5 of 5