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Item S4 � S.4 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 TheOI1da Keys � � ��] j Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting April 15, 2020 Agenda Item Number: S.4 Agenda Item Summary #6778 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to enter into Task Order 47 for not to exceed $50,000 under the on-call contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services for design of a culvert on canal 475 on Geiger Key located between Boca Chica Road, Sirius Lane, Star Lane and Vega Lane as a canal restoration project funded by DEP Grant SD009. ITEM BACKGROUND: DEP has grant funds available for a County canal restoration project that must be expended by June 30, 2020. Canal 475 located between Boca Chica Rd, Sirius Ln, Star Ln and Vega Lane on Geiger Key is rated as "poor" in water quality and was selected based on water quality summary, ease of implementation and permitting, and cost of implementation. A culvert installation is a proven restoration technique that was vetted during the demonstration projects and is anticipated to increase the water quality in the canal. The canal management database and other associated ranking criteria for the selection of the canal restoration project was used in the selection of this canal and restoration technique. The work will be done in accordance with state grant guidelines and funding from the Florida Department of Environmental Protection ("FDEP") grant 4SD009 of$50,000. The Consultant will complete the data collection and design for the culvert of Canal 4475 Geiger Key. Services under this task order must proceed at this time so that work can be completed prior to the June 30, 2020 grant deadline. PREVIOUS RELEVANT BOCC ACTION: 08/17/16: Approval to advertise on call professional engineering services for the canal restoration program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal Infrastructure Engineering Services for Projects and Category C — Environmental Engineering Services. 11/22/16: Approval of Amendment No. 13 to the contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environment and Packet Pg. 2594 S.4 Infrastructure, Inc. to provide Construction Engineering, Environmental Inspections and Construction Administration Services in the amount of$88,612, related to Canal 483 muck removal, backfilling and air curtain project in Key Largo, Monroe County, Florida. 12/14/16: Approval to negotiate on-call contracts with Amec Foster Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services. 03/15/17: Approval to enter into a $0 on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 03/15/17: Approval to enter into a $21,499 Task Order 1 for CEI and construction administration services for the 290 air curtain installation, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 03/15/17: Approval to enter into a $87,762 Task Order 2 for CEI and construction administration services for the canal 83 muck removal / backfilling/ air curtain installation, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 05/17/17: Approval to enter into a $99,596.10 Task Order 43 for procurement and permitting services for the 4 canals for augmented aeration, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 8 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 8 and no new funds are required. 07/19/17: Approval to enter into a $60,403.40 Task Order 44 for procurement and permitting services for the Canal 75 backfilling project in Key Largo, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 12 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 12 and no new funds are required. 10/18/17: Approval to enter into a $57,402.00 Task Order 45 for construction, engineering, inspection and administration services for the Canal 75 backfilling project in Key Largo, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, funded in full by the $1.5M DEP Stewardship Grant LP44073. 12/31/17: Approval to enter into a $0 Amendment No. 1, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, to add the federal contract provisions required for reimbursement by FEMA for Hurricane Irma related services. O1/17/18: Approval to terminate Task Order 43 for procurement and permitting services for the 4 canals for augmented aeration, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 06/20/18: Approval to enter into Amendment No 2, under the on-call contract with Amec Foster Wheeler Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services, to formally change their name to Wood Environment & Infrastructure Solutions, Inc., Packet Pg. 2595 S.4 retroactive to April 16, 2018. 02/20/19: Approval to enter into Task Order 46 for $20,736.60; under the on-call contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services; for design, permitting and procurement assistance for installing a replacement air curtain system at the mouth of Canal 4266 located on Witters Lane in Big Pine Key to replace the air curtain destroyed by Hurricane Irma. CONTRACT/AGREEMENT CHANGES: New Task Order 47 - Canal 4475 culvert design STAFF RECOMMENDATION: Approval DOCUMENTATION: Wood Task Order 7 - Category B - April 2020 Culvert 475 design Insurance for Wood FINANCIAL IMPACT: Effective Date: April 15, 2020 Expiration Date: June 30, 2020 Dollar Value of Task Order 7: $50,000 Total Cost to County: None—funded by FDEP Grant SDO09 Budgeted: No Source of Funds: FDEP Grant SDO09 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: A grant is funding the work County Match: N/A Insurance Required: Yes Additional Details: 04/15/20 001-06000 - GRANTS $50,000.00 REVIEWED BY: Rhonda Haag Completed 04/06/2020 5:21 PM Pedro Mercado Completed 04/07/2020 12:37 PM Purchasing Completed 04/07/2020 12:49 PM Budget and Finance Completed 04/07/2020 3:20 PM Maria Slavik Completed 04/07/2020 3:25 PM Kathy Peters Completed 04/07/2020 3:28 PM Board of County Commissioners Pending 04/15/2020 9:00 AM Packet Pg. 2596 S.4.a TASK ORDER #7 FOR CATEGORY B ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CANAL RESTORATION SERVICES BETWEEN MONROE COUNTY AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. FOR THE CANAL #475 GEIGER KEY CANAL CULVERT RESTORATION PROJECT INCLUDING DATA COLLECTION AND DESIGN SERVICES IN, MONROE COUNTY, FLORIDA In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 15th day of March 2017 and Amendment No.1 dated ' December 131", 2017, Amendment No.2 dated June 20, 2018, and Amendment No.3 dated April 15, 2020 between Monroe County, hereinafter referred to as the "County" and Wood Environment & Infrastructure Solutions, Inc. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. WITNESSETH LO WHEREAS, canal 475 located between Boca Chica Rd, Sirius Ln, Star Ln and Vega Ln. Ile on Geiger Key is rated as "poor" in water quality; and WHEREAS, the canal was selected based on water quality summary, ease of implementation and permitting, and cost of implementation; and N WHEREAS, a culvert installation is a proven restoration technique that was vetted during the demonstration projects and is anticipated to increase the water quality in the canal; and ' WHEREAS, the canal management database and other associated ranking criteria for c the selection of the canal restoration project was used in the selection of this canal and restoration technique; and WHEREAS, the work will be done in accordance with state grant guidelines and funding from the Florida Department of Environmental Protection ("FDEP") grant #SD009 of $50,000; and WHEREAS, the Consultant will complete the data collection and design for the culvert of Canal #475 Geiger Key. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency E of which is hereby acknowledged, County and Consultant agree as follows: Canal#475 Geiger Key Canal Restoration Culvert Project April 15,2020 Page 1 of 4 Packet Pg. 2597 S.4.a Article 1.1 Terms of Agreement: , This Task Order is effective April 15, 2020 and shall expire 60 days after the final deliverable to the County is submitted. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: Task 1: Data Collection/Processing The Consultant will conduct one bathymetric and topographic survey for the affected canal area and surrounding structures within the project boundary. The bathymetric surveys will be carried out utilizing a survey- grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This apparatus will be used in a boat to traverse the canal area as best as possible to establish a grid of canal bottom elevations sufficient to develop a digital elevation model. The topographic data will be acquired using traditional survey methodologies for the road, existing utilities, private property, and any other significant structure within the project boundary. Jurisdictional wetland lines and associated water elevations will be determined as required for permitting. Topographic and bathymetric �? maps will be prepared for design and permitting of the project. The survey and subsequent work will be relative to the North American Datum of 1983/2007 Adjustment (NAD83/07) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NOS) and/or Florida Department of Transportation (FOOT) horizontal and vertical geodetic control monuments. Surveying and mapping services associated with this assignment will conform with the applicable requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Standards of Practice, pursuant to Chapter 472, Florida Statutes. LO The Consultant shall conduct a determination of the boundaries of jurisdictional waters of the U.S., including wetlands, on the subject site as required for permitting. Wetlands will be defined using the Routine on - Site Determination method as described in the 1987 United States Army Corps of Engineers (USACE) Corps of Engineers Wetlands Delineation Manual or the Delineation of the Landward Extent of Wetlands and Surface Waters [Florida Department of Environmental Protection (FDEP), Chapter 62.340, F.A.C]. Both protocols use a series of tests to address three characteristics of wetlands, including the presence/absence of hydrophytic vegetation, wetland hydrology, and hydric soils. Prior to the site visit, Consultant will research and assemble available soil surveys, site topographic maps, and National Wetland Inventory maps to preliminarily identify potential waters of the U.S., c wetlands and streams. Consultant will then conduct the field visit to characterize the delineated wetlands. Delineation includes on-site determination, marking in the field with a handheld GPS unit (sub-meter accuracy), and flagging of the aerial extent of each wetland (if any). If any wetlands are identified, then a Uniform Mitigation Assessment Method (UMAM) form will be completed. In conjunction with the wetland delineation, a threatened and endangered species survey as required in an Environmental Resource Permit (ERP) for the proposed action. Consultant scientist permitted by the Florida Keys National Marine Sanctuary (FKNMS) will conduct an in-water survey of the benthos for the purpose of identifying the presence any sensitive aquatic resources (i.e. seagrasses, corals, or sponges) within the immediate area of the project Canal#475 Geiger Key Canal Restoration Culvert Project April 15,2020 Page 2 of 4 Packet Pg. 2598 S.4.a Conduct an engineering site visit to determine the site conditions, such as seawall conditions, existing utilities, and construction staging areas within the project boundary. The LO Consultant will utilize geotechnical data from previous projects within the area to determine bedding and backfilling requirements for the culvert installation. Deliverable: Bathymetric and Topographic Survey, Engineering and Ecological Reports Due Date: June 30, 2020 Task 2: Design y Consultant will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will consist of an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. As part of the preliminary design package, Consultant will prepare a preliminary hydraulic model using HEC-RAS 4.1. The hydraulic model will be developed using available tide data and survey information. The hydraulic model will evaluate existing and proposed conditions to > determine the relative increase in tidal exchange that is expected to be achieved by the — proposed culvert. Modification of the dimensions and invert elevation of the proposed culvert will be completed to determine the optimal configuration. Consultant will coordinate and hold pre-application permitting meetings with the South Florida Water Management District (SFWMD), USACE, County, and FKNMS using the �? preliminary design plans. Consultant will prepare meeting minutes and provide to the County. N Consultant will update the plans, specifications, and hydraulic model in response to LO regulatory agency comments. Consultant will prepare final design plans, technical specifications, and engineer's construction cost estimate for project. The final design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. Consultant will prepare a final hydraulic model using HEC-RAS 4.1. It is anticipated that no additional field data cv collection will be required. Deliverable: 100 percent design plans Due Date: June 30, 2020 0 Article VII, Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid Fifty- thousand dollars and Zero cents ($50,000.00) on a not to exceed basis for the services described above. Task 1: Data Collection/Processing $ 20,000.00 y Task 2: Design $ 30,000.00 Total (NTE) $ 50,000.00 The work will be done in accordance with state grant guidelines and funding from the Florida Department of Environmental Protection ("FDEP") grant #SD009 of $50,000, attached as Exhibit "A". Canal#475 Geiger Key Canal Restoration Culvert Project April 15,2020 Page 3 of 4 Packet Pg. 2599 S.4.a IN WITNESS WHEREOF, each party caused the Task Order #7 to be executed by its duly authorized representative. LO CONSULTANT: WITNESS: WOOD ENVIRONMENT .4A STRUCTURE SOLUTIONS INC. u X� 04/06/2020T 04/06/2020 y t � Signature Date Signature Date T Office Manager Title (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: by. m Deputy Clerk Mayor/Chairman LO Date: cv CD cv 0 c 0 Canal#475 Geiger Key Canal Restoration Culvert Project April 15,2020 Page 4 of 4 Packet Pg. 2600 S.4.a EXHIBIT A DEP Grant le T LO CD CN LN co le c 0 u Packet Pg. 2601 S.4.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: LO Monroe County Canal#475 Culvert Restoration Design Project Sll009 et 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) co Tallahassee,Florida 32399-3000 Grantee Name: Monroe County Board of County Commissioners Entity Type: County Government Grantee Address: 1111 12th Street Suite 408, Key West, FL 33040 FEID: 59-6000749 Ie (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30,2020 T 4. Project Number: ProjectLocation(s): (If differentfi�om Agreement Number) Canal 9475 in Monroe County o Project Description:Th—tuh:under thi,Agre—t includes the de igo of the ca lvert(s)at C...19475 I.Geiger Key,Florida.The propos A restoration involves the implementation ofa to lvert to allow theiocomiog tW to flush the U) stag.ant portions of the canal.The dho—io-..d locations of the co lust will be fln.HM during the design and perm itd.g phase to..sure adequate flushing i,achieved to improve the water quality within the canal.The goal of the propos.A improv.m.nts—to restore the impaired waters of th.....1,a,d to i.......the dissolved oxygen levels to—State 62-302 Cl..Ill m ari.e water quality sta.d.rds. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): � V State ❑Federal GAA#1610,FY2019-2020 $50,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $50,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Mary Grace Stamper Name: Rhonda Haag ,n r. or successor or successor Address: 2295 Victoria Ave Address: 102060 Overseas Hwy Suite 364 Suite 246 Fort Myers,FL 33901 Key Largo,FL 33037 Phone: 239-344-5696 Phone: 305-453-8774 N Email: MaryGrace.Stamper@FloridaDEP.gov Email: Haag-Rhonda@MonroeCounty-FL.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ' V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Y Attachment 2: Special Terms and Conditions 0 V Attachment 3: Grant Work Plan cu 0 Attachment 4:Public Records Requirements V Attachment 5: Special Audit Requirements r� ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at httus://facts.fldfs.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): c Y Exhibit A:Progress Report Form e ❑ Exhibit B: Property Reporting Form V Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. SDO09 Rev.6/20/18 Packet Pg. 2602 ATJ 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1): Federal Award Identification Numbers (FAIN): N/A Federal Award Date to Department' e artment: Total Federal Funds Obligated by this Agreement: $0.00 Federal Awarding Agency: N/A LO Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the co last date signed below,whichever is later. Monroe County Board of County Commissioners GRANTEE Grantee Name le By (Authorized Signature) Date Signed ' T Heather Carruthers,Mayor Print Name and Title of Person Signing > State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed CJ Jon Iglehart,Director Print Name and Title of Person Signing m ❑ Additional signatures attached on separate page. LO er CJ cv cv c CJ r. le c 0 DEP Agreement No. SDO09 Rev.6/20/18 Packet Pg. 2603 S.4.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior le agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: c, i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant t> Agreement — iii. Attachment 1, Standard Terms and Conditions CJ iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered _ delivered at the earliest delivery time. N m c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained rO� in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match N requirements; (3)a change in the expiration date of the Agreement; and/or(4)changes to the cumulative amount N of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement ' period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment ca 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or 0 (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. , 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, le unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. c 4. Deliverables. 0 0 The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev.6/19/2019 Packet Pg. 2604 S.4.a 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and r`Oe workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third parry; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at le the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the U deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant > U) Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory — performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. N m 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or r`O� Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified N timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be c� submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the c CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of , this Agreement for cause as authorized in this Agreement. r� ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails ,e to correct or eliminate performance deficiencies by Grantee, 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 Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to �. Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev.6/19/2019 Packet Pg. 2605 S.4.a 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable LO established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. le C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. U Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State > funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the — following web address: https://www.mvfloridaefo.com/Division/AA/Manuals/Auditing/Reference Guide For State EMenditures.pd£ e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Pa,,ments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. �+ m g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all rO� work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be N rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates N appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvfloridacfo.colii/Division/AA/Vendors/default.htm. O j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must LN c be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its , share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match le requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or 0 match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates E supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification.Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev.6/19/2019 Packet Pg. 2606 S.4.a c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate r`Oe per hour, and hours spent on the Project. All eligible multipliers used (i.e., frin e benefits, overhead, indirect, p p j g� p � g and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee le shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the U work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a > copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section N m 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has LO complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be N completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly N completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. ' g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded CO phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the c terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil , or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access le agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing 0 Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting 0 acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting Attachment 1 4 of 11 Rev.6/19/2019 Packet Pg. 2607 S.4.a period. Quarterly status reports are due no later than twenty (20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March LO 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. le b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe U stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. t> d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided — Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. y m b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a LO deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of 5 any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish U Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- N insured authorization,or other certification of self-insurance. c� d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such < cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide ' proof of such replacement coverage within ten(10)days after the cancellation of coverage. CO 13. Termination. c a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the , specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described le in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had 0 been issued for the convenience of Department.The rights and remedies of Department in this clause are in 0 addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and E to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for Attachment 1 5of11 Rev.6/19/2019 Packet Pg. 2608 S.4.a that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. LO d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant le Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under c, the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will > be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default — notice. c, 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; N m b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department LO of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; N f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to N any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; ' h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the 0 specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: , i. Entry of an order for relief under Title i i of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. 0 The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is 0 in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars ;; of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice Attachment 1 6of11 Rev.6/19/2019 Packet Pg. 2609 S.4.a required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. � The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably le foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, U consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If > performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. N m a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shallLO fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. cv b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over < and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at I d Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made a by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably c withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the , negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a r� waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. ,e d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, 0 implication or suggestion to the contrary is null and void. 19. Limitation of Liability. �. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount m no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in E compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Attachment 1 7of11 Rev.6/19/2019 Packet Pg. 2610 S.4.a Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its LO remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. le a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the U convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list > following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract — to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submitbids,proposals,orreplies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor N m list may not submit a bid, proposal, or reply on a contract to provide any goods or services to aLO public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or N consultants have been placed on the convicted vendor list or the discriminatory vendor list during N the life of the Agreement. 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, I Office of Supplier Diversity,at(850)487-0915. ca 23. Compliance with Federal,State and Local Laws. c a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. , b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. le d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be 0 responsible for their own attorney fees incurred in connection with disputes arising under the terms of this 0 Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8of11 Rev.6/19/2019 Packet Pg. 2611 S.4.a b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector LO List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. le The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. U 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in > accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The — Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of. (1)three years after the expiration of the Agreement;or(2)the period required by the y m General Records Schedules maintained by the Florida Department of State(available at: LO http://dos.mvflorida.com/librarv-archives/records-manaE!ement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect c� work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or ' storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in c performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal , requirements pursuant to this Agreement. r� c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment W 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include le in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act 0 Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal 0 financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether F the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form E number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hops:A\ads.fidfs.corn\fsaa. Attachment 1 9of11 Rev.6/19/2019 Packet Pg. 2612 S.4.a d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to LO the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds le specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement c, for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of > money demanded by Department. Interest on any refund shall be calculated based on the prevailing — rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. N m iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do LO not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. N 30. Subcontracting. c� a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For ' cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work , in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any r� subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. le e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities 0 afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by E the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products Attachment 1 10 of 11 Rev.6/19/2019 Packet Pg. 2613 S.4.a or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and le public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If U Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. > 34. Severability. — If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. N m 36. Assignment. LO The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. CJ 37. Execution in Counterparts and Authority to Sign. N This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, N each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have < the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly ' authorized to do so and to bind the respective party to the Agreement. LN CJ r. le c 0 Attachment 1 11 of 11 Rev.6/19/2019 Packet Pg. 2614 S.4.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.SDO09 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. le 1. Scope of Work. The Project funded under this Agreement is Monroe County Canal 4475 Culvert Restoration Design Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. T 2. Duration. CJ a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. > c. Service Periods. Additional service periods are not authorized under this Agreement. 76— CJ 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur after approval of the final delivereable(s). U c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. y m Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the followingLO budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) a ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment 0 ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition CJ 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. y There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements 0 There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev.9/3/19 Packet Pg. 2615 S.4.a Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the LO laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. le If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile y liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: U $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage > U) c. Workers' Compensation and Employer's Liability Coverage. — The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. CJ 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. LO 10. Retainage. le r No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. N The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for N subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. c 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. r. 14. Additional Terms. le c 0 Attachment 2 2of2 Rev.9/3/19 Packet Pg. 2616 S.4.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN r` DEP AGREEMENT NO.: SDO09 ATTACHMENT 3 m PROJECT TITLE: Monroe County Canal 4475 Culvert Restoration Design Project PROJECT LOCATION: The Project will be located in the Tamarac Park neighborhood,which is located within the Geiger Key area of Monroe County, Florida. Project coordinates are latitude 24°34'44.65"N and longitude - 81°39'20.28"W. See Figure 1 for a location map and site plan. T _ t8 p rN s1 tis 1 s'}lt } s ��Pl,�l��P{l i }s.�^ ,''k � �• ,/' LA Aw 00 N LO ,F-2, Q. CV y 5 ar c Figure 1 —Location Map and Site Plan c 0 PROJECT BACKGROUND: The Water Quality Protection Program(WQPP)Action Plan of the Florida Keys National Marine Sanctuary identified impaired water quality in residential canals as a priority for corrective action. Canal restoration is an important and vital step in the County's continued dedication to improve the overall quality of our nearshore waters and will have a positive impact on the canal's property values. Attachment 3,DEP Agreement#: SD009 1 of 3 Rev.6/14/2019 Packet Pg. 2617 S.4.a PROJECT DESCRIPTION: The work under this Agreement includes the design of the culvert(s) at Canal 4475 in Geiger Key, Florida. The proposed restoration involves the implementation of a culvert to LO allow the incoming tide to flush the stagnant portions of the canal. The dimensions and locations of the � culvert will be finalized during the design and permitting phase to ensure adequate flushing is achieved to improve the water quality within the canal. The goal of the proposed improvements are to restore the impaired waters of the canal, and to increase the dissolved oxygen levels to meet State 62-302 Class III marine water quality standards. TASKS and DELIVERABLES: Task#1: Data Collection Task Description: The Grantee has procured Wood Environment&Infrastructure Solutions,Inc. (Wood) in accordance with state law prior to execution of this Agreement. Wood will complete the bathymetric and topographic Survey, engineering and ecological reports. Deliverables: An electronic copy of the bathymetric and topographic survey, engineering and ecological reports,including professional certification as applicable, submitted to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task the Grantee may proceed with payment request submittal. m Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon LO completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include Engineering design and access coordination in the amount of$20,000.00. cv Task Start and End Dates: Start—execution date; End—06/30/2020 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by, the task end date. 0 Task#2: Design Task Description: Wood will prepare final design plans, technical specifications, and engineer's a construction cost estimate for project. The final design plans will include an existing site plan, proposed r� site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. Consultant will prepare a final hydraulic model using HEC-RAS 4.1. Deliverables: An electronic copy of the 100 percent design, including professional certification as applicable, submitted to the Department's Grant Manager. -� 0 0 Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written C acceptance by the Department's Grant Manager of all deliverables under this task the Grantee may proceed E with payment request submittal. Attachment 3,DEP Agreement#: SD009 2of3 Rev.4/30/2018 Packet Pg. 2618 S.4.a Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. LO Task Budget: Allowable budget categories and costs for this task include Engineering design in the amount of$30,000.00. U Task Start and End Dates: Start—execution date; End—06/30/2020 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received 0 le by, the task end date. PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Task/ Deliverable Task Start Task End Deliverable Task or Deliverable Title Date Date Due Date/ No. Frequency 1 Task#1: Data Collection Execution 06/30/2020 date 06/30/2020 Execution 06/30/2020 2 Task#2: Design date 06/30/2020 BUDGET DETAIL BY TASK: r. Task No. Budget Category; Budget Amount 1 Contractual Services $20,000.00 Total for Task: $20,000.00 2 -Contractual Services $30,000.00 `CD D Total for<Task: $30,000.00 `V PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. c Category Totals Grant Funding,Not to Exceed,$ ' Contractual Services Total $50,000 Total: $50000 c 0 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 3,DEP Agreement#: SDO09 3 of 3 Rev.4/30/2018 Packet Pg. 2619 S.4.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 i7� 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. °® 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements U are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all LO Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with 244 the information technology systems of Department. These formatting requirements are satisfied by using the data N formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF LN CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: �? Telephone: (850) 245-2118 Email: public.services jr floridadep.gov. Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Packet Pg. 2620 S.4.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements r. (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the 'Department", 'DEP", "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring Ie by the Department of Environmental Protection,as described in this attachment. MONITORING T In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and y Section 215.97, F.S., as revised (see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By U? 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 reci lent agrees to comply with an P P� P� in' P y y additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. W AUDITS m PART I:FEDERALLY FUNDED L r. This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 CJ I. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program CD - specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT I to this N 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 a. sources of federal awards, including federal resources received from the Department of Environmental , Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative U to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted y in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. c 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov E Attachment 5 1 of 7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2621 S.4.a PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental le Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. c, 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the > audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a — financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost m of such an audit must be paid from the recipient's resources obtained from other than State entities). LO r. 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),arecipient should access the Florida Single Audit Act web site located at hops://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at 1-ittp://www.leg.state.fl.us/Vi7elcome/index.efm, 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 N http://www.myflorida.com/,tudgeli/. c� PART III: OTHER AUDIT REQUIREMENTS ' (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits 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 for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by 0 or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2622 S.4.a By Mail: Federal Audit Clearinghouse r`�e Bureau of the Census 1201 East loth Street Jeffersonville,IN 47132 U 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 athttp://harvester.census.gov/faeweb/ le 2. 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: ca A. The Department of Environmental Protection at one of the following addresses: UM By Mail: > Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 U Electronically: FDEPSingleAudit(c�,.dep.state.fl.us m B. The Auditor General's Office at the following address: LO r. Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 :5 111 West Madison Street U Tallahassee,Florida 32399-1450 N N The Auditor General's website(http://fltuditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. e( 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director , Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 le Electronically: FDEPSingleAudit(c�,.dep.state.fl.us 0 4. Any reports, management letters, or other information required to be submitted to the Department of ;; Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR m 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and E for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2623 S.4.a 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local LO governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. CJ PART V:RECORD RETENTION m The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this le Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. U CJ CJ m LO r. CJ cv cv 0 CJ r. le c 0 U Attachment 5 4of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2624 4BO SOAS III -u leue ) UbISOP 9B,4JOAlno OZOZ I!a - 9 AJO604BO - L a pa 3{sCl poo :4u9w 3B44 U) N C Ch a 0 0 9 0 N � w w 0 o � O � � a U I U � •� by , U , W W `� I o o 14) 14) QI N o a o 14) 14) U U n14) o ,o? 'Q y Wa Wa ,o? Wa Wa qv 4BO SOAS III -u leue ) UbISOP 9B,4JOAlno OZOZ I!a - 9 AJO604BO - L a pa 3{sCl POOM :4u9wq3B44V w N C Ch a y •� O y •� O y •� O O y •� O i�s4, O a P 00 � 0 .� O � O � O UJ 0 •^� � � 0 � r.Q ct U a d U o O act =� d Q Q ? o � w L) L) O 'v, •� 'v� � � � vi w o o o P-1 . L L) act Q eta U U eta ran � � o a $ O C O O 0 0 � '� � V N ,� O y sue, eC y`�, 4BO SOAS III -u leue ) UbISOP 9B,4JOAlno OZOZ I!a - 9 AJO604BO - L a pa 3{sCl poo :4u9w 3B44 r.. N C Ch a J9 � O U a � � H w � U � U U ~ J i-i -O +- � �+ O U H •� H F-M � U U cCwC! cct U o o , Q � O O � w c O � 0 Pct U U ~ W w Mtn �x S.4.a DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form , Exhibit A DEP Agreement No.: SDO09 Grantee Name: Monroe County Board of County Commissioners Grantee Address: 102060 Overseas Hwy, Suite 246, Key Largo, FL 33037 Grantee's Grant Manager: Rhonda Haag Telephone No.: 305-453-8774 Reporting Period: T Project Number and Title: SDO09—Monroe County Canal 4475 Culvert Restoration Design Project y 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. ti The following format should be followed: Task 1: LO Progress for this reporting period: Identify any delays or problems encountered: N N 0 This report is submitted in accordance with the reporting requirements of DEP Agreement No. SDO09 and accurately reflects the activities associated with the project. 0 c Signature of Grantee's Grant Manager Date c Exhibit A,DEP Agreement#:SDO09 Iofi Rev.5/30/2017 Packet Pg. 2628 S.4.a Exhibit C PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: SDO09 Agreement Effective Dates: er Grantee: _Monroe County Board of County Commissioners_ Grantee's Grant Manager: _Rhonda Haag t� Mailing Address: 102060 Overseas Hwy, Suite 246, Key Largo, FL 33037 le Payment Request No. Date of Payment Request: Performance Period(Start date—End date): T Task/Deliverable No(s). Task/Deliverable Amount Requested: $ GRANT EXPENDITURES SUMMARY SECTION c, AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE (As authorized) PAYMENT THIS REQUEST MATCHING W REQUESTS FUNDS Salaries/Wages $N/A $ $N/A $N/A N m Fringe Benefits $N/A $ $N/A $N/A Indirect Cost $N/A $ $N/A $N/A Ile `' Contractual(Subcontractors) $ $ $N/A $N/A Travel $N/A $ $N/A $N/A CJ Equipment(Direct Purchases) $N/A $ $N/A $N/A N Rental/Lease of Equipment $N/A $ $N/A $N/A N Miscellaneous/Other Expenses $N/A $ $N/A $N/A Land Acquisition $N/A $ $N/A $N/A TOTAL AMOUNT $ $ $N/A $N/A c TOTAL TASK/DELIVERABLE $ $N/A BUDGET AMOUNT Less Total Cumulative Payment $ $N/A Requests of: TOTAL REMAINING IN TASK $ $N/A GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being c requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. E Exhibit C,DEP Agreement#:USDO09 1 of 3 Rev.6/14/2019 Packet Pg. 2629 S.4.a Grantee's Certification of Payment Request I on behalf of er (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: El The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. El All costs included in the amount requested have been satisfactorily purchased, performed, received, and > applied toward completing the project; such costs are documented by invoices or other appropriate — documentation as required in the Agreement. El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. U Check all that apply below: ❑ All permits and approvals required for the construction,which is underway,have been obtained. m ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. LO er ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: cv Professional Service Provider(Name/License No.) Period of Service (mm/dd/yy—mm/dd/yy) C44 0 CD 0) r. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature c 0 Print Name Print Name Telephone Number Telephone Number Exhibit C,DEP Agreement#:USDO09 2of3 Rev.6/14/2019 Packet Pg. 2630 S.4.a INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. r7� AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. U MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable le that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASKIDELIVERABLE 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). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST"column. GRANT EXPENDITURES SUMMARY SECTION: U "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 TASKBUDGETAMOUNT" line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE 0 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. c, N CD "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 0. 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 BUDGETAMOUNT"for the amount to enter on the "TOTAL REMAINING IN TASK"line. U "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'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by .� both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. 0 NOTES: r- If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement W 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. < Exhibit C,DEP Agreement#:USDO09 3 of 3 Rev.6/14/2019 Packet Pg. 2631 S.4.a EXHIBIT B Wood Rate Schedule LO r- w U CD CD 0 CD 0) c 0 U Packet Pg. 2632 S.4.a Amec Foster Wheeler Environment&Infrastructure, Inc. 2017 Schedule of Fees r. I. Personnel CJ A. Professional (Engineer, Geologist, Scientist and Project Management) Staff I $71.00/hour le Staff 11 $77.00/hour Project $86.00/hour Senior $109.00/hour Principal/Project Manager $155.00/hour Senior Principal/Senior Project Manager $159.00/hour Chief Engineer/Scientist $194.00/hour CJ B. Technical Services(Engineering and Science) Technician I $45.00/hour Technician 11 $55.00/hour Senior Technician I $60.00/hour _ Senior Technician 11 $70.00/hour m Project Administrator/Project $75.00/hour LO Coordinator/Subcontract Administrator/Project Accountant Technical Writer/Document Production $ 78.00/hour CADD/Draftsperson (includes PC/CAD) I $66.00/hour CADD/Draftsperson (includes PC/CAD) 11 $101.00.hour cv Admin I $40.00/hour — Admin 11 $52.00/hour C. Surveying Services o Field Surveyor I $43.00/hour Field Surveyor 11 $47.00/hour Survey Technician I $67.00/hour Survey Technician 11 $72.00/hour Survey Chief $75.00/hour D. Information Management Software Engineer $92.00/hour Data Technician $132.00/hour Senior Software Engineer $162.00/hour Business Analyst $132.00/hour Packet Pg. 2633 S.4.a E. Contract Labor From time to time, Amec Foster Wheeler retains outside Professional and Technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at 10%markup. II. Expenses le A. Travel Expenses 1. Transportation: Company pickup truck/personal vehicle, per mile—current allowable rate per County and Florida State Statutes a. Common carrier or car rental multiplies by(to be the amounts authorized by Section 112.062, Florida Statutes 2. Per Diem Expenses: direct expenses in accordance with Florida State Statutes B. Disposal of Hazardous Waste Samples CJ Samples of waste will be disposed by permitted methods after a determination is made that the waste is defined by RCRA to be hazardous. Due to the requirements for some hazardous assessments, disposal and invoicing of incurred expenses may take place after invoicing of the originally contracted work. LO r. C. Equipment/Other Expenses (Does not include personnel) Digital Field Documentation Equipment(cameras, $75.00/day (min 2 days cv water level & measuring tape, GPS units, etc.) Geophysical Equipment(GPR Equipment) $1,000.00/day (min 2 days) Underwater Camera Equipment/Video up to 50 $1,900.00/day , feet depth and low turbidity Environmental Monitoring& Sampling $100.00 to$450.00/day o Equipment (dust, OVA, Air monitoring, Noise Depending upon the equipment and scale Meter, Light Meter) required Special equipment or supplies, permits, shipping Actual cost x 1.15 charges, special printing or other items not customarily provided by Amec D. Communications In-house costs for long distance phone,telex,telecopier, postage—project labor charges x 5% III. Subcontract m Subcontract services will be invoiced at a cost multiplied by 1.15 Packet Pg. 2634 S.4.b �-1 ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 03/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk services Southwest, Inc. Houston TX Office (A/CC.No.Ezt): (866) 253-7122 A/�No.): (800) 363-0105 5555 San Felipe E-MAIL Suite 1500 ADDRESS: Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: AIG Specialty Insurance Company 26883 LID 3WGUSA Holdings, Inc. INSURER B: ACE American Insurance Company 22667 r"- wood Group USA, Inc. and its subsidiaries and Affiliates INSURERC: American International Group UK Ltd AA1120187 17325 Park Row INSURER D: Houston TX 77084 USA t8 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570081023224 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested Ch INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYYI MM/DDNYYY LIMITS B X COMMERCIAL GENERAL LIABILITY HDOG71570009 07/01/2019 077 172020 EACH OCCURRENCE $2,000,000 REMISESS CLAIMS-MADE X❑OCCUR PEO RENTED $2,000,000 PREMI Ea occurrence MED EXP(Any one person) $5,000 (� PERSONAL&ADV INJURY $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 > POLICY LX PRO JECT ❑LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: B ISA H25300312 07/01/2019 07/01/2020 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $2,000,000 X ANYAUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS (� HIREDAUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident W UMBRELLA LIAB OCCUR EACH OCCURRENCE EEXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND WLRC66039262 07/01/2019 07/01/2020 X I PER STATUTE OTH EMPLOYERS'LIABILITY Y/N Work Comp— AOS U ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBEREXCLUDED' N N/A RWCC66039304 07/01/2019 07/01/2020 (Mandatory in NH) Work Comp— WI E.L.DISEASE-EA EMPLOYEE $1,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 (n DESCRIPTION C Archit&Eng Prof PSDEF1900726 07/01/2019 07/01/2020 Aggreagate Limit $5,000,000 Claims Made- Prof. Liab. Any one Claim $5,000,000 SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) i see attached addendum for Additional Named Insured Wood Companies. RE: Agreement for on Call Professional Engineering services for Category B Canal Infrastructure Engineering Services. Monroe County, its successors and assigns are included as y Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. 4 ti -5 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 5+ ti POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA JL c(XXYO/92 ��GL/dQfG!/ IL, ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2635 AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570081023224 CARRIER I NAIC CODE See Certificate Number: 570081023224 EIIECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER h INSURER INSURER (, INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY IN"SR ADDL SURR POLICY NTNIBER LLNIIIS LTR TYPE OF INSURANCE IN"SD WVD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER U A Env contr Poll CPL12456119 07/01/2019 07/01/2020 Aggregate $5,000,000 claims Made- Poll. Liab. Limit Per Loss $5,000,000 Limit O O O U U U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2636 AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. JWGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570081023224 CARRIER NAIC CODE See Certificate Number: 570081023224 ERRECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured Named Insureds: JWGUSA Holdings, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster wheeler Industrial Power Company, Inc. cu Amec Foster wheeler Kamtech, Inc. CJ Amec Foster Wheeler Martinez Inc. Amec Foster wheeler North America Corp Amec Foster Wheeler Power Systems, Inc. Amec Foster wheeler USA Corporation Amec Foster Wheeler Ventures, Inc. BMA Solutions, Inc. C E C Controls Company, Inc. y Cape Software, Inc. Foster wheeler Intercontinental Corporation , Ingenious, Inc. Cal John wood Group PLC ¢ Kelchner Inc. MACTEC Engineering and Consulting, P.C. MASA Ventures, Inc. Mustang International , LP Mustang International , Inc. Rider Hunt International USA, Inc. RHI Talent, Inc. RWG (Repair & overhauls) USA, Inc. , Swaggart Brothers Inc. wood Environment & Infrastructure solutions Inc. wood Group Alaska, LLC Wood Group PSN, Inc Wood Group USA, Inc. wood Massachusetts, Inc. Wood Programs, Inc. Wood Group Asset Integrity Solutions, Inc. O O O O O ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2637