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Item Q02 �5 Q2 I`� County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.���` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting November 17, 2020 Agenda Item Number: Q.2 Agenda Item Summary #7134 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 408 for $100,000 for design of a muck removal and backfill restoration project on canal 84 in Rock Harbor in Key Largo and permitting of canal 475 on Geiger Key funded by DEP Grant SDO11, under the on-call contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services. ITEM BACKGROUND: This item is to approve Task Order No. 8 in the amount of $100,000 under the Wood Category B on-call canal services contract for the design, development of procurement specifications and the permitting of a restoration project for canal 84 in Rock Harbor, Key Largo and for permitting and procurement assistance of a culvert for a canal restoration project for canal 475 in Geiger Key funded by FDEP Grant SDO11. Of note is the residents' participation in the project. They are moving forward with installation of a permitted air curtain in canal 84 in Rock Harbor to keep out the floating seaweed. This air curtain will help protect the County's investment in the project, and a County assessment will not be needed to fund the operations and maintenance of it, as long as the residents continue to maintain it. Canal 84 is located between Grouper Lane and Cuda Lane in Rock Harbor on Key Largo and is rated as "poor" in water quality and was selected based on water quality summary, ease of implementation and permitting, cost of implementation and resident participation. A muck removal and backfill and air curtain 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. Canal 475 is located on Geiger Key between Boca Chica Road, Sirius Lane, Star Lane and Vega Lane and is rated as "poor" in water quality. The data collection and design for this culvert was completed in Task Order 47 and funded by Florida Department of Environmental Protection ("FDEP") grant #SDO09. This task order 48 will fund the permit preparation and submittal and construction procurement for the culvert. Packet Pg. 2260 Q.2 The work for both canal restoration projects will be funded and done in accordance with state grant guidelines and funding from the Florida Department of Environmental Protection ("FDEP") grant SPOT 1 provided through FDEP's South District Office in Ft. Myers. 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 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 Packet Pg. 2261 Q.2 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., 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. 04/15/20 Approval to enter into Task Order 47 in the amount of$50,000, under the on-call contract with Wood Environment & Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services, to complete the design services for a culvert on Canal 475 in Geiger Key as approved under Florida Department of Environmental Protection Grant No. SD009. CONTRACT/AGREEMENT CHANGES: Task Order 48 Wood Cat B - C84 Design and C475 Permittingl STAFF RECOMMENDATION: Approval DOCUMENTATION: Task Order 8 - Category B Wood Canal 84 design and Canal 475 permitting John Wood Group PLC-Monroe County BOCC-20070218501796-570082898777 Cat B Certificate FINANCIAL IMPACT: Effective Date: Upon execution and after DEP Grant SDO11 is executed Expiration Date: 60 days after submittal of the final deliverable Dollar Value of Task Order 8: $100,000 Total Cost to County: None Budgeted: No Source of Funds: FDEP Grant SDO11 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Packet Pg. 2262 Q.2 Revenue Producing: No If yes, amount: N/A Grant: Grant SDO11 is funding the work County Match: N/A Insurance Required: Yes Additional Details: 11/17/20 001-06000 - GRANTS $100,000.00 REVIEWED BY: Rhonda Haag Completed 10/30/2020 1:39 PM Pedro Mercado Completed 10/30/2020 2:42 PM Purchasing Completed 10/30/2020 2:45 PM Budget and Finance Completed 11/02/2020 1:51 PM Maria Slavik Completed 11/02/2020 2:02 PM Liz Yongue Completed 11/02/2020 2:21 PM Board of County Commissioners Pending 11/17/2020 9:00 AM Packet Pg. 2263 Q2.a TASK ORDER #8 FOR CATEGORY B ON CALL PROFESSIONAL co ENGINEERING SERVICES FOR CANAL RESTORATION SERVICES BETWEEN t, MONROE COUNTY ANDco WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. FOR THE CANAL #84 ROCK HARBOR CANAL ORGANIC REMOVAL AND Ch BACKFILLING RESTORATION PROJECT AND CANAL #475 GEIGER KEY CULVERT RESTORATION PROJECT IN MONROE COUNTY, FLORIDA This Task Order No. 8 to the Category B on-call contract is entered into on November > 17, 2020. In accordance with the Continuing Contract for On Call Professional — Engineering Services made and entered on the 15th day of March 2017 and ca Amendment No.1 dated December 131h, 2017, Amendment No.2 dated June 20, 2018, and Amendment No.3 dated April 15, 2020 between Monroe County, hereinafter referred 01 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 LO modification shall be precisely described. WITNESSETH WHEREAS, canal 84 located between Grouper Lane and Cuda Lane in Rock Harbor on Key Largo is rated as "poor" in water quality; and WHEREAS, the canal was selected based on water quality summary, neighborhood participation, ease of implementation and permitting, and cost of implementation; and co WHEREAS, an organic removal, backfilling and air curtain as a combined restoration project is proven restoration technique that was vetted during the demonstration projects and is anticipated to increase the water quality in the canal; and c WHEREAS, the project is estimated at $1.5 Million, not including the resident-owned air curtain; and c WHEREAS, the residents on the canal are moving forward with installing a resident- ca owned air curtain that they will operate; and co WHEREAS, because the residents are providing their own air curtain which will help maintain the canal after the County has completed a restoration project, the County is moving forward with a restoration of the canal; and WHEREAS, a second canal, #475 located between Boca Chica Rd, Sirius Lane, Star Lane and Vega Lane on Geiger Key is also rated as "poor" in water quality; and Packet Pg. 2264 Q2.a WHEREAS, the data collection and engineering design for the culvert of Canal #475 was co previously completed in Task Order #7 funded by the Florida Department of Environmental Protection ("FDEP") grant #SD009 of$50,000; and co WHEREAS, this task order will provide the permit preparation and submittal and construction procurement; and 0 le WHEREAS, the work will be done in accordance with state grant guidelines and funding from the FDEP grant #SD011; and T NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: > ARTICLE 1.1 TERMS OF AGREEMENT: ti This Task Order is retroactive to October 23, 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: E Task 1: Canal #84 Key Largo Data Collection and Processing LO Consultant will collect approximately nine (9) soil cores to characterize the sediment composition in the project area. The sediment cores will be classified in the field using the Unified Soil Classification System (USCS), including apparent grain size distribution, apparent organic content. and apparent plasticity. Soil samples will be collected from the sediment cores for laboratory testing to determine disposal options. The tests will be performed by a State National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory. DEP has previously indicated that the following tests are required: co • Organochlorine Pesticides and PCBs by 8081 /8082; ca • Chlorinated Herbicides by 8151; • Eight (8) RCRA Metals by 6010/7471; • Copper by 6010; 0 • Polynuclear Aromatic Hydrocarbons (PAHs) by 8270 low level; • Total Recoverable Petroleum Hydrocarbons (TRPH) by FL-PRO; and • TCLP metals. co Additionally, physical testing of one composite sample will be performed by a Consultant Geotechnical Lab and will consist of the following: Organic Content by ASTM D-297 4; • Grain size distribution by ASTM D-422; and • 200 Mesh Sieve Distribution by ASTM D-1140. Packet Pg. 2265 Q2.a er co In order to select the appropriate polymer for dewatering, Consultant will collect five gallons of sediment and five gallons of canal water for bench scale testing, with the bench scale testing to be completed by two separate polymer manufacturers. co The bench scale testing will select the most appropriate polymer using a jar test, followed by simulation of dewatering rates and final percent solids for a mechanical and y passive dewatering application. 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 (FDOT) horizontal and vertical geodetic control monuments. Surveying and mapping services associated with this assignment LO 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. 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 co 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, c site topographic maps, and National Wetland Inventory maps to preliminarily identify potential waters of the U.S., wetlands and streams. Consultant will then conduct the field visit to characterize the delineated wetlands. Delineation includes on-site determination, c 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 co 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 to determine the presence of sensitive aquatic resources (i.e. seagrasses, corals, or sponges) within the immediate area of the project Conduct an engineering site visit to determine the site conditions, such as seawall conditions, existing utilities, and construction staging areas within the project boundary. Packet Pg. 2266 Q2.a er CO Consultant will prepare and distribute via certified mail a notification letter to all property owners on the canal discussing the proposed restoration and attend one (1) neighborhood public meeting to discuss the proposed project. CO Contact will be made with select property owner(s) for initial determination of approval 0 for staging area use/equipment placement. If verbal approval for staging/equipment area y use is obtained, an access agreement/easement will be prepared for approval by Monroe County and signatures will be obtained from the property owner. Deliverable(s): Bathymetric and Topographic Survey, Engineering and Ecological Reports Task 2: Canal #84 Design — 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. �? 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. LO Consultant will update the plans and specifications in response to 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 review plans for the resident-owned air curtain and make modifications as necessary for the air curtain to meet the County's needs. CO Deliverable(s): An electronic copy of the final design plans and technical specifications. c Task 3: Canal #84 Permitting c Consultant will incorporate comments received during the pre-application meetings to LN complete and submit local, state, and federal permit applications as required, using the c final design plans. Permit applications will be submitted to the following agencies: • SFWMD; CO • U SAC E; • FKNMS; and • Monroe County. Consultant will respond to Requests for Additional Information for each permit application. If impacts to wetlands or benthic resources are identified, Consultant will Packet Pg. 2267 Q2.a coordinate appropriate mitigation either onsite or through the purchase of mitigation CO credits. Deliverable(s): A list of all required permits identifying issue dates and issuing authorities CO and electronic copies. le Task 4: Canal #84 Support in Procurement of a Construction Contractor Upon completion of the Construction Documents, Consultant will assist Monroe County, who will be procuring the construction of the restoration, with the necessary procurement documents and meetings. Consultant will provide the following services to assist Monroe County for the procurement of a contractor for the construction of the restoration: > • Prepare a Request for Proposal Package for Monroe County review which will ca include the 100% Construction documents completed by Consultant • Respond to applicable Proposers' Requests for Information (RFI's) and assist in the preparation of Addenda, including revising the Request for Proposal Documents, as required. • Attend a Pre-Proposal Conference and site walk-through and prepare meeting minutes. Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. E • Attend a Pre-Award Conference, to discuss the Proposer's qualifications and understanding of the Project, if required. LO Deliverable(s): 1) Electronic copy of public notice of advertisement for the bid; 2) electronic access to all inquiries, questions, and comments regarding the bid documents; ca 3) electronic copy of bid package; 4) written notice of selected contractor; and 5) electronic copy of executed subcontract(s). Task 5: Canal #475 Geiger Key Culver Permitting Consultant will incorporate comments received during the pre-application meetings to CO complete and submit local, state, and federal permit applications as required, using the final design plans. Permit applications will be submitted to the following agencies: c • SFWMD; c • U SAC E; CO LN • FKNMS; and c • Monroe County. Consultant will respond to Requests for Additional Information for each permitCO application. If impacts to wetlands or benthic resources are identified, Consultant will coordinate appropriate mitigation either onsite or through the purchase of mitigation 0 credits. Deliverable(s): A list of all required permits identifying issue dates and issuing authorities and electronic copies. Packet Pg. 2268 Q2.a Task 6: Canal #475 Support in Procurement of a Construction Contractor co Upon completion of the Construction Documents, Consultant will assist Monroe County, who will be procuring the construction of the restoration, with the necessary procurement co documents and meetings. Consultant will provide the following services to assist Monroe County for the procurement of a contractor for the construction of the restoration: 0 le • Prepare a Request for Proposal Package for Monroe County review which will include the 100% Construction documents completed by Consultant • Respond to applicable Proposers' Requests for Information (RFI's) and assist in the preparation of Addenda, including revising the Request for Proposal Documents, as required. • Attend a Pre-Proposal Conference and site walk-through and prepare meeting minutes. Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. �? • Attend a Pre-Award Conference, to discuss the Proposer's qualifications and understanding of the Project, if required. Deliverable(s): 1) Electronic copy of public notice of advertisement for the bid; 2) electronic access to all inquiries, questions, and comments regarding the bid documents; 3) electronic copy of bid package; 4) written notice of selected contractor; and 5) electronic copy of executed subcontract(s). E LO Article VII, Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid One Hundred thousand dollars and Zero cents ($100,000.00) on a lump sum basis for the services described above. Task 1: Canal #84 Data Collection/Processing $ 30,000.00 Task 2: Canal #84 Design $ 25,000.00 co Task 3: Canal #84 Permitting $ 12,500.00 Task 4: Canal #84 Procurement $ 10,000.00 ca Task 5: Canal #475 Permitting $ 12,500.00 Task 6: Canal #475 Procurement $ 10,000.00 LN Total (Lump Sum) $ 100,000.00 c COVID-19: co Notwithstanding anything mentioned in this proposal, the attached documents or any terms or conditions applicable to Wood's work, if Wood's work is delayed, disrupted, 0 suspended, or otherwise impacted as a direct or indirect result of COVID-19 y (coronavirus), including, but not limited to, by (1) disruptions to material and/or equipment supply; (2) illness of Wood's or Subcontractors' workforce and/or unavailability of labor; (3) government quarantines, closures, or other mandates, restrictions, and/or directives; (4) Wood's or Subcontractors' restrictions and/or Packet Pg. 2269 Q2.a er co directives; and/or ( ) fulfillment of Wood's or Subcontractors` contractual or legal health and safety obligations associated with CCIBp19; then, Wood shall be entitled to co reasonable adjustment to the schedule and duration to account for such delays, disruptions, suspensions, and impacts. To the extent the causes 'identified herein result in an increase in the price of labor, y materials, or equipment used in the performance of these services, good may be entitled to a mutually-agreed upon equitable adjustment to the price for such increases,. provided Wood presents documentation of such increases(including the original prices). The work will be done in accordance with state grant guidelines and funding from the FIDEP grant#SDO11, attached as Exhibit A. > IN WITNESS WHEREOF, each party caused the Task Order #8 to be executed by its duly authorized representative. 01 CONSULTANT. WITNESS; ti WOOD ENVIRONMENT 14 i '✓ # IN RASTRUCT RE SOLUTIONS, INC. ` 4 : S _ 10/28/2020 LO ga ai6r fate Slgnatu Date � et MAGGIE Pt3E Associate Pro,iect Manager �, a. I� �� �. ZO Title g, °' UndedDruNotary PLbkt (SEAL) BOARD OF COUNTY COMMISSIONERS co ATTEST; KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA c 0 By. by: Deputy Clerk Mayor/Chairman 0 Date- co A'&M07E COUNTY ATTOfINE�) A nO FORM P D J7 T 4t RNEY 0/27/30 E Packet Pg. 2270 Q2.a er EXHIBIT A - GRANT #SD011 E LO co 0 CD co le Packet Pg. 2271 Q2.a SU ATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL EN.° TE M N Standard(,'v'rant Agreemmt et a is cntmW, into bqtwoK,m, the Pardee named below. � � tm 1�t � � 76 m ProjOCI CCt : Permitting and Procurement Restoration Project and Canal#475 Culvert Apotment Numb= Permitting and Procurement Project SD011 co m Payfics State off"1rtmtd -13cpartment of Environniental ftotendon, - �. __....... t rida 399-30(W _Ie GmnteeNmne: Monroe y Board of County Commissionen Entity Type,County Government � G tr. reu: . .11 12th Street Suite 408,Key Wft4 F,.,33040 ?ff): 59-60tKY749 T 6 Agreemcnt Begin bats: Date of Expirdiom 'Upon D%'ecu ,ott June 30,2021 i> 4. Project Number Project Location(s), tr d1freml Number) - - Canal#84 and#475 In Monroe Countz beftm I*Gftdbdw ftRWm On LvW,,od0IvtWq;d== to %owin am- d0oarl _ State ElFederal GAA#1597,FY2020-2021 $100,000.00 0 State ._ Granter.Match 1 Total Amount of FundinL+ -Grantee icli i y. a 6. D ay tnient°s t .' t alter � ' G��Manager - ,n Name., , , A.-Hrogytan Ismue: Rhonda Haag _ r SUMM'Sor or successor Address* 2295 Visrin Aga Addres& 1,02050... vereea Ira U......... _ .. _ ........ _ .......... _ . The Parties agree to comply with the, terms and conditions ofthe fbUowing attachmentsand exhibits which are, hamby � incorporated b,,,,, mference „_ t t°_St ._.,..U` ,., ConditionsApplicable. . t is . nt � . t al Tffm and ConditionsU U tt Great Work � 0 _ � . w .._ vet tic sec f STmrial j edit ca ° set _ CID.. ------- m. rt a Pro Srm afi Requirements 0 _... rd ..,...m, -. 13 Attachment 8m FedaW Regulations and Te (Federal) .v.....,,,,. ....._.. d timW Attacbments ate ., ....... - ? hit �Progms Report Form ��. ra nTy eToning Foy -.---N_ —_.------ ............ �. - .....—.. ... Exhibit .Payment Request Summary „_ .. , � tQW11ty w Assumce Requirements for G..r . iQs ............. &� a. d a a t and t;mvs Earued Memo �-' 0 Additional Extobits Jf nezessary , DEPAipmaraut NO. SD011 Rev.620118 Packet Pg. 2272 Q2.a d. Ile following information ii to Federal Chwas only _ d is idendfied in accordance .331( i s Identification �sI�l "� ... AwardFederal ram t: cFunds Ob4atcd by i r zn O. � c�°are€ae tao# ® 1 ,u E IN VVITNESS WHEREOF,this- et shall be effective on the date Indicated by the Agrftment Begin Date above or the last datesigned below,-whichever is tat in Monroe County Board of County CommissloneriGRANTE A N MADCK,CLERK �.... .- v c, (Autho oto) '4te Sep ,cd .MU. 4 k M jii�i—Namc and Title of Person i MttState of Florida ' - t d Environmental Protection DEPARTMENT Digitally signed by Jon Iglehart Jon I lehart 10/23/2020 By g Date:2020.10.23 09:25:10-04'00' Secretaryor - — DirectorJon Iglehart, — ----------------------- Title of Pawn SIL-2-1 to 11 Additional signaturcs attached on r�. e page. ATMFINEY FORM RNEY AM 0 0 co DEP Agmmnent No. 9 O11 B20Jt Packet Pg. 2273 Q2.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 agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on T Grantee's forms or invoices shall be null and void. CJ 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: i. Standard Grant Agreement 76 ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1,Standard Terms and Conditions 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 a 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. 0' LO c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name I le and contact information of the new Grant Manager will be submitted in writing to the other party and maintained 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 requirements; (3)a change in the expiration date of the Agreement; and/or(4)changes to the cumulative amount 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 co et change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement 76 period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3, Grant Work Plan, are less than twenty percent(20%)of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement;and/or(4)fund transfers between 0 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. 0 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, co 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. 4. Deliverables. 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. U Attachment 1 1of11 Rev.8/10/2020 Packet Pg. 2274 Q2.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 workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not CO knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; 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 y 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 the time of delivery. CO T 6. Acceptance of Deliverables. CJ 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 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 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. Ls 7. Financial Consequences for Nonperformance. I le a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or 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 timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be 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. CO et i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from 76 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 .� CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from 0 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 op this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to c 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 to correct or eliminate performance deficiencies by Grantee, Department shall retain the right toCO ' 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 y 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. E Attachment 1 2of11 Rev.8/10/2020 Packet Pg. 2275 Q2.a 8. Payment. CO a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable 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.). CO 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 y shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an T amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. y 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. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for U 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/DivisiolVAA/Manuals/documents/ReferenceGuideforStateExpenditures.pd£ e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department U 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 Payments. 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. LO g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days IIle er following the expiration date of the Agreement to ensure the availability of funds for payment. However, all 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 rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by CO the State Board of Administration. To obtain the applicable interest rate, please refer to: 76 www.lilyfloridaefo.colii/Divisioli/AA/Vendors/def,tult.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must .� 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. LN 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. c 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 requirements for the following budget categories: CO ' 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 -a match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for y 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 ;. 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. E Attachment 1 3of11 Rev.8/10/2020 Packet Pg. 2276 Q2.a c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be CO 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 per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, CO 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 $5,000 or more purchased y 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 shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase T of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its CJ 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 work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed 76 - 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 MI 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 LO 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has I le 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. c, e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 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 completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies CO of invoices or receipts to document charges. 76 g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the .� terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of 0 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. 0a 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 agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the CO following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee y 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.8/10/2020 Packet Pg. 2277 Q2.a period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly CO reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 76 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. CO 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. y Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall T forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not CJ limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work y 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 stated in Department's notice,the retainage will be forfeited to Department. 76 c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. 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 MI 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 E make compliance with the insurance requirements of this Agreement a condition of all contracts that are related u to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. LO b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a I le deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the 76 Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation c, demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. y 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 CO cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide 76 proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add .� the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. 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 0 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. TheCO ' 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 -a 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 y the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in 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 Attachment 1 5of11 Rev.8/10/2020 Packet Pg. 2278 Q2.a to the extent specified,in the notice. However, Grantee shall continue work on any portion of the Agreement co not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. co 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 -a has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. y 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 T obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant CJ Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as y 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 U the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under 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 MI be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default U notice. 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 u material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0' LO the performance of the work, failure to resume work that has been discontinued within a reasonable time after I le notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; U 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; f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to co et any other entities as required by this Agreement; 6 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; 0 i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate �p assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: 0a 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; co ' 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 y The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is 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 Attachment 1 6of11 Rev.8/10/2020 Packet Pg. 2279 Q2.a resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is co terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice 76 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. co 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 y 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 CJ foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE y 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 U entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If 76 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 u of the delay,which purchases may be deducted from the Agreement quantity; y p y g q ty;or(3)terminate Agreement in whole or LO in part. I le 18. Indemnification. 6 a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall 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 CD 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. co b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon 76 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 .� Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made 0 by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. ca c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to LN Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the 0a negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein c, shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matterco ' arising out of any contract or this Agreement. 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, y 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 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. Attachment 1 7of11 Rev.8/10/2020 Packet Pg. 2280 Q2.a 20. Remedies. co 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 remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to co 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 y 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. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section U 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized y 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 MI to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a U contract with a public entity for the construction or repair of a public building or public work; may U not submit bids,proposals,or replies 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. LO ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor IIle list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 6 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 consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for co et maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the 76 discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. 0 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. pp 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 0a excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c, c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. co ' 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 responsible for their own attorney fees incurred in connection with disputes arising under the terms of this y 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 E Attachment 1 8of11 Rev.8/10/2020 Packet Pg. 2281 Q2.a option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized co Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 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 co 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 y 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. T 25. Lobbying and Integrity. CJ 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. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in MI 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 E State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's u integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial LO records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such I le records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the 6 General Records Schedules maintained by the Florida Department of State(available at: http://dos.mv florida.com/librarv-archives/records-management/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 CD 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 co work being performed under this Agreement,with reasonable notice and during normal business hours,including 76 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; 0 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, M iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or LN parameters at any location reasonable or necessary to assure compliance with any work or legal 0 requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an co updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit i to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the -a 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 y Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether ;j 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 Attachment 1 9of11 Rev.8/10/2020 Packet Pg. 2282 Q2.a number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: co https:A\apes.fldfs.corn\fsaa. 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 co 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 y (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 T are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds CJ 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 U demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement 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 MI money demanded by Department. Interest on any refund shall be calculated based on the prevailing U rate used by the State Board of Administration. Interest shall be calculated from the date(s) the U original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. a 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 u originally provided under this Agreement and interest shall be charged for those recovered costs as LO calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is IIle made to Department. 6 iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do 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. 30. Subcontracting. co et a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed 76 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, 0 or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. LN d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work c in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any 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 co under any subcontract. 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 y 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. m 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 Attachment 1 10ofii Rev.8/10/2020 Packet Pg. 2283 Q2.a Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products CO or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery 76 schedule. 31. Guarantee of Parent Company. U p Y• CO 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 -a 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. y 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 T public records,shall survive termination,cancellation,or expiration of this Agreement. CJ 33. Third Parties. y 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 76 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. C All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained a 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 W Agreement must comply with all security and administrative requirements of Department and shall comply with all 0' LO controlling laws and regulations relevant to the services they are providing under the Agreement. I le 36. Assignment. 6 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. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the CO et Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have 76 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. c 0 0 CJ CO m le Attachment 1 11 of 11 Rev.8/10/2020 Packet Pg. 2284 Q2.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.SD011 co ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and le Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. T The Project funded under this Agreement is the Monroe County Canal 484 Rock Harbor Canal Organic Removal CJ and Backfilling Design,Permitting and Procurement Restoration Project and the Canal 4475 Culvert Restoration y Permitting and Procurement Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. > 2. Duration. 76 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. 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). c. Advance Pa.Advance Pay is not authorized under this Agreement. u LO 4. Cost Eligible for Reimbursement or Matching Requirements. I le Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following 6 budget categories,as defined in the Reference Guide for State Expenditures,as indicated: CJ Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: _ ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) co 76 ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 0 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. CJ 6. Land Acquisition. co There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements 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 m coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 i of 2 Rev.8/10/2020 Packet Pg. 2285 Q2.a maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the co Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or 76 alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this co 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 y 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. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile 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: 6 $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage 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. 9. Quality Assurance Requirements. LO There are no special Quality Assurance requirements under this Agreement. 76 10. Retainage. 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. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be co 76 performed under this Agreement. CJ 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. c 14. Additional Terms. �\oii . m Arr1v lorrtrs acklod horn rtrz/.�t ho approl'od h1 112 Off co of'G llora1('owl's"I. Attachment 2 2of2 Rev.8/10/2020 Packet Pg. 2286 Q2.a STATE OF FLORIDA C0 DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: SDO11 ATTACHMENT 3 PROJECT TITLE: Monroe County Canal 484 Rock Harbor Canal Organic Removal and Backfilling Design, Permitting and Procurement Restoration Project and Canal 4475 Culvert Restoration Permitting and , Procurement Project. CIO T PROJECT LOCATION: The Project will be located in two canals: Canal 484(Figure 1)located in the Rock Harbor neighborhood,which is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 250 2'42.51"N and longitude - U 80029'17.27"W. Canal 4475 (Figure 2)located in the Tamarac Park neighborhood,which is located within the Geiger Key area of Monroe County,Florida. Project coordinates are latitude 24034'44.65"N and longitude- 81039'20.28"W. Cj Legend , Canal Footprint 4 � . h Jf�(Jfl (u � LO jr 0 hCIO 0 1 J Figure 1 —Canal 4 84 Attachment 3,DEP Agreement#: SDO11 1of10 Rev.6/14/2019 Packet Pg. 2287 Q2.a ut '' Cl7 f S 1 i �r sr s' , { iils�l N� s) �lsd7S��` x m r r v - L LA V r am h LO p I t Canal 475 t 4 Figure 2—Canal 4475 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 co action. Canal restoration is an important and vital step in the County's continued dedication to improve the 6 overall quality of our nearshore waters and will have a positive impact on the canal's property values. U In 2013, Monroe County(Grantee) completed a comprehensive Canal Management Master Plan (CMMP) 0 in order to provide a framework to identify, prioritize and correct water quality impairments within the c entire Florida Keys canal network. In total, out of 502 canals, 171 canals received a Good water quality classification,but 180 received only a Fair classification, and 131 received the lowest Poor classification. Canals receiving a Poor classification were scored and ranked using specific canal attributes in order to C provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Much work has been completed in restoring these Poor canals however additional management and planning is required to continue the program including coordinating with the Department co of Economic Opportunity on the implementation of the Canal Work Program, attending meetings with stakeholders and preparing grants for execution of the projects. 0 Canal 484 in Key Largo was identified as a Poor canal that is filled with organic sediment,has deep pockets, lacks oxygen, and is in need of a restoration. m Attachment 3,DEP Agreement#: SDO11 2of10 Rev.6/14/2019 Packet Pg. 2288 Q2.a Canal 4475 Design was completed in FY20 using FDEP Agreement No. SD009. The design involved the co evaluation of a culvert to allow the incoming tide to flush the stagnant portions of the canal. The dimensions and locations of the culvert was finalized during this phase to ensure adequate flushing was achieved to improve the water quality within the canal. co The goal of the proposed improvements is 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. PROJECT DESCRIPTION: Much work has been accomplished by Monroe County in implementing F, seven canal restoration projects that included air curtains, culverts, organic removal, and backfilling. The proposed restoration of Canal 484 involves organic removal to dispose of the degraded seaweed that has accumulated in the back end of the canal and backfilling to raise the canal bottom to 6 feet below the > Mean Sea Level,which is the optimum depth to allow for tidal flow in and out of the canal. The proposed restoration of Canal 4475 involves the installation of a 24"x 38"reinforced concrete elliptical culvert with manatee grates between the dead-end canals to restore the flushing and increase the dissolved oxygen within the canal systems. U TASK: W Task#1: Canal#84 Data Collection/Processing Task Description: The Grantee will subcontract the work to a qualified and licensed consultant, selected through the Grantee's procurement process. The Grantee shall prepare and solicit bids utilizing a bid LO package in accordance with state and federal laws and this Agreement. Included in this task are pre-bid meeting(s) in response to bid questions. The consultant will collect approximately nine (9) soil cores to characterize the sediment composition in the project area. The sediment cores will be classified in the field using the Unified Soil Classification System (USCS), including apparent grain size distribution, apparent organic content. and apparent plasticity. Soil samples will be collected from the sediment cores for laboratory testing to determine disposal options. The tests will be performed by a State National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory. DEP has previously indicated that the following tests are required: • Organochlorine Pesticides and PCBs by 8081 /8082 • Chlorinated Herbicides by 8151 • 8 RCRA Metals by 6010/7471 c • Copper by 6010 • Polynuclear Aromatic Hydrocarbons (PAHs)by 8270 low level , • Total Recoverable Petroleum Hydrocarbons (TRPH)by FL-PRO 0 • TCLP metals Additionally,physical testing of one composite sample will be performed by the consultant's Geotechnical co Lab and will consist of the following: • Organic Content by ASTM D-297 4 • Grain size distribution by ASTM D-422 • 200 Mesh Sieve Distribution by ASTM D-1140 Attachment 3,DEP Agreement#: SDO11 3of10 Rev.6/14/2019 Packet Pg. 2289 Q2.a In order to select the appropriate polymer for dewatering, the consultant will collect 5 gallons of sediment CO 76 and 5 gallons of canal water for bench scale testing, with the bench scale testing to be completed by two separate polymer manufacturers. The bench scale testing will select the most appropriate polymer using a jar test, followed by simulation of dewatering rates and final percent solids for a mechanical and passive dewatering application. 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 > v) 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 U 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 (NGS) and/or Florida Department of Transportation (FDOT) 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. E The consultant shall conduct a determination of the boundaries of jurisdictional waters of the U.S., LO 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, �s 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.,wetlands and streams. Consultant will et then conduct the field visit to characterize the delineated wetlands. Delineation includes on-site CO 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 U Method (UMAM) form will be completed. In conjunction with the wetland delineation, a threatened and c endangered species survey as required in an Environmental Resource Permit(ERP)for the proposed action. c Consultant scientist permitted by the Florida Keys National Marine Sanctuary (FKNMS) will conduct an in-water survey of the benthos to determine the presence of sensitive aquatic resources (i.e. seagrasses, . corals, or sponges)within the immediate area of the project c The consultant will conduct an engineering site visit to determine the site conditions, such as seawall U conditions, existing utilities, and construction staging areas within the project boundary. CO m The consultant will prepare and distribute via certified mail a notification letter to all property owners on the canal discussing the proposed restoration and attend one (1) neighborhood public meeting to discuss the proposed project. Contact will be made with select property owner(s) for initial determination of approval for staging area use/equipment placement. If verbal approval for staging/equipment area use is obtained, an access E Attachment 3,DEP Agreement#: SDO11 4 of 10 Rev.6/14/2019 Packet Pg. 2290 Q2.a agreement/easement will be prepared for approval by Monroe County and signatures will be obtained from the property owner. Deliverables: An electronic copy of the Bathymetric and Topographic Survey,Engineering and Ecological CO Reports. Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the bid; 2) electronic access to all inquiries, questions, and comments regarding the bid documents; 3) electronic copy of bid package; 4) written notice of selected contractor; 5) electronic Ie copy of executed subcontract(s)provided prior to submitting any invoices for the subcontracted work; and (6) copy of the property owners' notification letter, public meeting announcement, and any staging/equipment area use agreements. T 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 > v) acceptance by the Department's Grant Manager of all deliverables under this task the Grantee may proceed — with payment request submittal. U 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. U Task Budget: Allowable budget categories and costs for this task include Engineering design and access W coordination in the amount of$30,000.00. Task Start and End Dates: Start—execution date; End—06/30/2021 LO Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by, the task end date. Task#2: Canal#84 Design Task Description: The 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. CO et 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. 0 Consultant will update the plans and specifications in response to 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, 0 erosion and sediment control plans, cut/fill analysis and construction details. t� Consultant will review plans for the resident-owned air curtain and make modifications as necessary for the air curtain to meet the County's needs. a, Deliverables: An electronic copy of the final design, 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 E Attachment 3,DEP Agreement#: SDO11 5of10 Rev.6/14/2019 Packet Pg. 2291 Q2.a acceptance by the Department's Grant Manager of all deliverables under this task the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon CO 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 in the y amount of$25,000.00. Task Start and End Dates: Start—execution date; End—06/30/2021 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by, the task end date. > Task#3: Canal#84 Permitting Task Description: The Consultant will incorporate comments received during the pre-application meetings to complete and submit local, state, and federal permit applications as required, using the final design plans.Permit applications will be submitted to the following agencies: �? • SFWMD • USACE • FKNMS • Monroe County LO The Consultant will respond to Requests for Additional Information for each permit application.If impacts to wetlands or benthic resources are identified,the Consultant will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Deliverables: A list of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager.Upon request,the Grantee will provide copies of obtained permits or permit related correspondence or documentation. CO Performance Standard: The Department's Grant Manager will review the list of all issued permits to verify that it meets the specifications in the Grant Work Plan and this task description and provide any U comments to the Grantee for incorporation. Upon review and written acceptance of the list of all issued permits by the Department's Grant Manager, the Grantee may proceed with payment request submittal for c costs associated with permitting. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon c completion of the task and Department approval of all associated task deliverables. U Task Budget: Allowable budget categories and costs for this task include Permitting applications in the CO amount of$12,500.00. Task Start and End Dates: Start—execution date; End—06/30/2021 Deliverable Due Date: All task related work must be completed b and all deliverables must be received °® p Y, by, the task end date. E Attachment 3,DEP Agreement#: SDO11 6of10 Rev.6/14/2019 Packet Pg. 2292 Q2.a Task#4: Canal#84 Support in Procurement of a Construction Contractor CO Task Description: Upon completion of the Construction Documents, the Consultant will assist Monroe County, who will be procuring the construction of the restoration, with the necessary procurement documents and meetings. The Consultant will provide the following services to assist Monroe County for CO the procurement of a contractor for the construction of the restoration: • Prepare a Request for Proposal Package for Monroe County review which will include the 100% Construction documents completed by Consultant • Respond to applicable Proposers' Requests for Information (BFI's) and assist in the preparation of Addenda, including revising the Request for Proposal Documents, as required. • Attend a Pre-Proposal Conference and site walk-through and prepare meeting minutes. Conduct a U Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre-Award Conference, to discuss the Proposer's qualifications and understanding of the U) Project,if required. U Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public 0 notice of advertisement for the bid; 2) electronic access to all inquiries,questions, and comments regarding the bid documents; 3) electronic copy of bid package; 4) written notice of selected contractor; and 5) electronic copy of executed subcontract(s)provided prior to submitting any invoices for the subcontracted work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they E 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 LO with payment request submittal. 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. Task Budget: Allowable budget categories and costs for this task include support in procurement of a construction contractor in the amount of$10,000.00. et Task Start and End Dates: Start—execution date; End—06/30/2021 CO Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by, the task end date. 0 Task#5: Canal#475 Permitting Task Description: The Consultant will incorporate comments received during the pre-application CD c meetings to complete and submit local, state, and federal permit applications as required, using the final design plans.Permit applications will be submitted to the following agencies: CO • SFWMD • USACE 0 • FKNMS y • Monroe County Attachment 3,DEP Agreement#: SDO11 7of10 Rev.6/14/2019 Packet Pg. 2293 Q2.a The Consultant will respond to Requests for Additional Information for each permit application.If impacts CO to wetlands or benthic resources are identified,the Consultant will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. CO Deliverables: A list of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager.Upon request,the Grantee will provide copies of obtained permits or permit related correspondence or documentation. y Performance Standard: The Department's Grant Manager will review the list of all issued permits to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation. Upon review and written acceptance of the list of all issued permits by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with permitting. > v) 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. Task Budget: Allowable budget categories and costs for this task include Permitting applications in the amount of$12,500.00. �? Task Start and End Dates: Start—execution date; End—06/30/2021 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by, the task end date. LO er Task#6: Canal#475 Support in Procurement of a Construction Contractor Task Description: Upon completion of the Construction Documents, the Consultant will assist Monroe County, who will be procuring the construction of the restoration, with the necessary procurement documents and meetings. The Consultant will provide the following services to assist Monroe County for �s the procurement of a contractor for the construction of the restoration: • Prepare a Request for Proposal Package for Monroe County review which will include the 100% 76 Construction documents completed by Consultant • Respond to applicable Proposers' Requests for Information (BFI's) and assist in the preparation of U Addenda, including revising the Request for Proposal Documents, as required. • Attend a Pre-Proposal Conference and site walk-through and prepare meeting minutes. Conduct a c Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre-Award Conference, to discuss the Proposer's qualifications and understanding of the Project,if required. C Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the bid;2) electronic access to all inquiries,questions, and comments regarding CO the bid documents; 3) electronic copy of bid package; 4) written notice of selected contractor; and 5) electronic copy of executed subcontract(s)provided prior to submitting any invoices for the subcontracted 0 work. 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 � Attachment 3,DEP Agreement#: SDO11 8of10 Rev.6/14/2019 Packet Pg. 2294 Q2.a acceptance by the Department's Grant Manager of all deliverables under this task,the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon co completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include support in procurement of a y construction contractor in the amount of$10,000.00. Task Start and End Dates: Start—execution date; End—06/30/2021 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received 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 Deliverable Task or Deliverable Title Task Start Task EndDate Date Due Date/ No. Frequency 1 Canal 484 Data Collection/Processing Exedc�teion 06/30/2021 06/30/2021 2 Canal 484 Design Exedc uttion 06/30/2021 06/30/2021 ,0 Execution 3 Canal 484 Permitting date 06/30/2021 06/30/2021 Canal 484 Support in Procurement of a Execution 4 Construction Contractor date 06/30/2021 06/30/2021 5 Canal 4475 Permitting Exedc uttion 06/30/2021 06/30/2021 te N 6 Canal 4475 Support in Procurement of Execution 06/30/2021 06/30/2021 a Construction Contractor I date c' co BUDGET DETAIL BY TASK: 0 0 Task No. Budget Category Budget Amount ca LN 1 Contractual Services $30,000.00 0 Total for Task: $30,000.00 2 Contractual Services $25,000.00 Total for Task: $25,000.00co ' 3 Contractual Services $12,500.00 Total for Task: $12,500.00 4 Contractual Services $10,000.00 0 Total for Task: $10,000.00 5 Contractual Services $12,500.00 Total for Task: $12,500.00 6 Contractual Services $10,000.00 Total for Task: $10,000.00 Attachment 3,DEP Agreement#: SDO11 9of10 Rev.6/14/2019 Packet Pg. 2295 Q2.a er co PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. co Category Totals Grant Funding,Not to Exceed,$ le Contractual Services Total $100,000 Total: $100,000 T REMAINDER OF PAGE INTENTIONALLY LEFT BLANK co r. c 0 0 co Attachment 3,DEP Agreement#: SDO11 10 of 10 Rev.6/14/2019 Packet Pg. 2296 Q2.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements co Attachment 4 r- 1. Public Records. co 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 le 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. U 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 _ 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 Lo or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all 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 Eh E the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. °o f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF 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 0 Email: public.scrviccs(jrfloridadc .gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services co Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 lofi Rev.4/27/2018 Packet Pg. 2297 Q2.a STATE OF FLORIDA co DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) co Attachment 5 le The administration of resources awarded by the Department of Environmental Protection (which may he referred to as the Department° DEP° 'FDEP"or "Grantor° or other name in the agreement)to the recipient (which may he referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. CJ MONITORING U In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS"below), monitoring procedures may include,but not be limited to, U on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoringProcedures/Processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any t, 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. E AUDITS LO r. PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- r_ specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 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 sources of federal awards, including federal resources received from the Department of Environmental °o 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 U accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 0 0 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. M 0 3. A recipient that expends less than$750,000 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 U recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted , in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must co 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. le 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov Attachment 5 i of 7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2298 Q2.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. co 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 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 CJ from the Department of Environmental Protection, other state agencies, and other nonstate entities. State y financial assistance does not include federal direct or pass-through awards and resources received by a > nonstate entity for Federal program matching requirements. 76 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the q P g P P� � 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 W 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost 0' LO of such an audit must be paid from the recipient's resources obtained from other than State entities). IIle 76 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at hops://apps.fldfs.com/fsaa for assistance. In addition to the U above websites, the following websites may be accessed for information: Legislature's Website at 1-ittp://www.leg.state.fl.us/Welcome/index.eflil 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 �s http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements Imposed by the State awarding entity � that are solely a matter of that State awarding entity's policy(.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 pp 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 co 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 'a 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: 0) Attachment 5 2of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2299 Q2.a er By Mail: 76 Federal Audit Clearinghouse Bureau of the Census co 1201 East loth Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, le 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found athttp://harvester.census.gov/facweb/ T 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: y A. The Department of Environmental Protection at one of the following addresses: 76 By Mail: CJ Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard �-- Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit(c�,.dep.state.fl.us u LO B. The Auditor General's Office at the following address: IIle 76 Auditor General Local Government Audits/342 U Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 �s The Auditor General's website(http://flauditor. ov provides instructions for filing an electronic copy of a financial reporting package. co 76 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 pp Florida Department of Environmental Protection Office of Inspector General,MS 40 0 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 CJ co Electronically: FDEP SingleAuditn.dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of y Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2300 Q2.a 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for co audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local 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 co reporting package. PART V: RECORD RETENTION le The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of T Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon CJ request. The recipient shall ensure that audit working papers are made available to the Department of Environmental y 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. 76 CJ CJ E W 0. LO r. 76 CJ co CJ c 0 0 CJ m le Attachment 5 4of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2301 lleo-uo l ) Buip!wjod 9Lt, IBUBD PUB U61SOP tS IBUBD POOM 13 AJOB04BO- 8 alga M :4 8u g3B44 N RL' CD Cl' � m Y t N E E LM N S� w w o •� Z � � O 0 a O � o v � rTl F � O •Li � U U .r W � ++ � El a� E W v a ; a -o a a O a O S o 0 ° � ° coo � ° � ° W z � � '° wa wa Ewa wa qy lleo-uo l ) Buip!wjod 9Lt, IBUBD PUB U61SOP tS IBUBD POOM 13 AJOB04BO- 8 alga M :4 8u g3B44 co RL' CD M Ci Cl' � a '; l +v a" Er- Er- o E o s a 0 0 0 O � a� � C cz ct h a� � O � O Zn a� � N 'Zt •^ O v cC cC ct tA o o o a.> •� c. h c. � � � Q cz 0 ct ct N N N ~ 7; Z eo U U v o EE CZ Sy v O v Q O 'Q3 b 4 bz In Ilz lleo-uo l ) Buip!wjod 9Lt, IBUBD PUB U61SOP tS IBUBD POOM 13 AJOB04BO- 8 alga M :4 8u g3B44 I RL' CD M C Cl' � Q ct � o � U ct w In In a � � H w U y U J i-i In In ct ct w E y l � U U cCwC! U GA � bA U � U O ct w O 0 a c) ct ao w Mtn �x Q.2.b �-1 ® DATE(MM/DD/YYYY) '4 o CERTIFICATE OF LIABILITY INSURANCE 07/03/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS N 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. T IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If t8 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). N U 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: Zurich American Ins Co 16535 3WGUSA Holdings, Inc. g INSURERS: ACE American Insurance Company 22667 t8 and its subsidiaries and Affiliates CJ 17325 Katy Freeway INSURERC: AIG Specialty Insurance Company 26883 Houston TX 77084 USA INSURERD: American International Group UK Ltd AA1120187 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570082898777 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 100 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. cu Limits shown are as requested INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDNYYY LIMITS Cw A X COMMERCIAL GENERAL LIABILITY GL0484608500 07 01 2020 077172021 EACH OCCURRENCE $2,000,000 CLAIMS-MADE M OCCUR DAMAGE TO RENTED $100 00p PREMISES Ea occurrence (7) MED EXP(Any one person) $5,000 CV PERSONAL&ADV INJURY $2,000,000 CD GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 fm, POLICY CILID PE� ❑LOC PRODUCTS-COMP/OPAGG $4,000,000 1 OTHER: B AUTOMOBILE LIABILITY ISA H25301900 07/01/2020 07/01/2021 COMBINED SINGLE LIMIT $2,000,000 r Ea accident X CD LID ANYAUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) CV AUTOS ONLY AUTOS CD HIREDAUTOS NON-OWNED PROPERTY DAMAGE I-_ ONLY AUTOS ONLY Per accident CD CV UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION 100 B WORKERS COMPENSATION AND WLRC67455708 07/01/2020 07/01/2021 X I PER STATUTE OTH EMPLOYERS'LIABILITY Y/N Work Comp— A05 - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBEREXCLUDED? N N/A SCFC67455745 07/Ol/2020 07/Ol/2021 (Mandatory in NH) Work Comp— WI E.L.DISEASE-EA EMPLOYEE $1,000,000f yes, DESCRIPTION OF OPERATIONS below describe under E.L.DISEASE-POLICY LIMIT $1,000,000 C) DES CRIPTION D Archit&Eng Prof PSDEF2000726 07/01/2020 07/01/2021 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,maybe attached if more space is required) (� 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 CL Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. 0 ML 4 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 �+ ti POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA JL c(XXYO/92 ��GL/dQfG!/ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2305 AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED fA Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570082898777 T CARRIER NAIC CODE See Certificate Number: 570082898777 EFFECTIVE DATE: ADDITIONAL REMARKS U 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 INSURER INSURER U INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD rr certificate form for policy limits. t<- POLICY POLICY IN"SR ADDL Sti BR POLICY Nti FIBER LLNIIIS 00 LTR TYPE OF INSURANCE IN"SD WVD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) 00 OTHER h LO C Env contr Poll cPo12456119 07/01/2020 07/01/2021 Aggregate $5,000,000 claims Made- Poll. Liab. Limit SIR applies per policy to ms & Condit ons C" Per Loss $5,000,000 LO Limit r N h N O O O CL O O O U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2306 AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED y Aon Risk services southwest, Inc. ]WGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570082898777 Cal CARRIER NAIC CODE (� See Certificate Number: 570082898777 ERRECTIVE DATE: (� ADDITIONAL REMARKS U THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured JWGUSA Holdings, Inc. Wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. cu 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. Amec Foster Wheeler Martinez, Inc. Amec Foster wheeler North America Corp Amec Foster Wheeler Power Systems, Inc. Amec Foster wheeler USA Corporation Cal Amec Foster Wheeler Ventures, Inc. BMA Solutions, Inc. cu C E C Controls Company, Inc. Cape Software, Inc. Foster wheeler Intercontinental Corporation r� Ingenious, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. tV MASA Ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. LO RWG (Repair & overhauls) USA, Inc. Swaggart Brothers, Inc. �y Wood Design, LLC wood Group Alaska, LLC r Wood Group PSN, Inc. LO wood Group UK, Ltd r wood Massachusetts, Inc. C4 Wood Programs, Inc. CV CJ Cal CJ O CJ O O CJ CL 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. 2307