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Backup Documents 06/12/2018 Item #16A27 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPTO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 7 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County 1-S btA, Commissioners vlc:6V% 5. Minutes and Records Clerk of Court's Office r 'cv' \ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff - i.Z d O S S e 1 Phone Number Contact/ Department I,l V1 q S 2•g 86' " Agenda Date Item wasC 6_ (2- l$ Agenda Item Number t6 .6 , A. 2•-1 Approved by the BCC Type of Document Number of Original Attached Grant AINlelria.IM.extf Documents Attached 2. PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) pplicable) 1. Does the document require the chai n's original signature? )� 2. Does the document need to be sent to another agency for additional signatures? If yes, • provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. sg 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board !� 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! �V 7 8. The document was approved by the BCC on/p112.(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready fo the )c. Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2. ..; , 'evised 11/30/12 1 6 A 2 7 MEMORANDUM Date: June 18, 2018 To: Zach Easton, DEP, Division of Water Restoration From: Liz Gosselin, Collier County Government, Stormwater Management Re: Amendment No. 1 to DEP Agreement S0859— Naples Park Are/Basin Infrastructure Optimization for Stormwater, Water and Sewer (Phase I) Attached are two (2) copies of the Amendment No. 1 signed by the Collier County BCC Chairman. After DEP's signatures are completed, please send back a fully executed original copy to me, at the address below: Liz Gosselin Stormwater Management Capital Project Planning, Impact Fees & Program Management, GMD 2685 S. Horseshoe Dr., Unit 103 Naples, FL 34104 Thank you. °minty of collier 16A 2 7 CLERK OF THE)CIRUIT COURT Dwight E. Brock COLLIER GOUTY COI gTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 y P.O.BOX 413044 Accountant NAPLES,FLORIDA � r j NAPLES,FLORIDA Auditor 34112-5324 I. 34101-3044 Custodian of County Funds June 20, 2018 Zachary Easton DEP Division of Water Restoration A 3900 Commonwealth Boulevard Douglas Building, MS 3505 Tallahassee, FL 32399 Re: Collier County/DEP Agreement No. S0859 Amendment No. 1 Mr. Easton, Attached for further processing are two (2) original copies of the agreement referenced above, approved by the Collier County Board of County Commissioners on Tuesday, June 12, 2018. Please return one of the fully executed documents to this office. If your office requires further information, please feel free to contact me at 239-252-8406. Thank you. DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachments (2) Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com rip 16A -? 7 - AN r R 01116k , i 41110 ' t r ) ress ORIGIN ID:APFA (239)252-5867 SHIP DATE:18JUN18 LIZ GOSSELIN ACTWGT:0.50 LB COLLIER COUNTY TRANS.ENG. CAD:112534159IINET3980 2885 SOUTH HORSESHOE DRIVE NAPLES,FL 34104 BILL SENDER UNITED STATES US TO ZACHARY EASTON DEP/DIVISION OF WATER RESTORATION A 3900 COMMONWEALTH BLVD. L9('_ DOUGLAS BUILDING, MS 3505 P. TALLAHASSEE FL 32399ts (239)252-5867 REF 601392 GRAM AMENDMENT PH1 DE_ III IIIIIIIIIIIIIIIIIIIMM MINIME111111111111 ii!MEM 11 111111 III �, 1 II pi I11I , i ;' ! �� ',d II ri Illphi: ,;, wy}, .� :, # Ej' I' 0i �'llrt�tib+Ei , il , ) . y ' TUE - 19 JUN 3:OOP Z 7725 0052 6451 STANDARD OVERNIGHT m 32399 al XH TLHA FL-US TLH 211 d 16Ae1 DEP AGREEMENT NO.S0859 COLLIER COUNTY AMENDMENT NO. 1 THIS AGREEMENT as entered into on June 1, 2016, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and COLLIER COUNTY (hereinafter referred to as the"Grantee")is hereby amended. WHEREAS, funding in the amount $750,000 was provided under Line Item 1662A of the 2015-2016 General Appropriations Act for the Collier County Naples Park Area/Basin Infrastructure Optimization for Stormwater,Water and Sewer Project;and WHEREAS, the Grantee has requested an extension of the Agreement; an extension is needed because more time is needed for submitting and processing disbursement requests;and, WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW,THEREFORE,the parties hereto agree as follows: 1. The Agreement is effective from July 1,2015,to June 30,2019. 2. Section 3.of the Agreement is hereby deleted in its entirety and replaced with the following: FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$750,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent(10%)of the total budget as last approved by the Department.All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, DEP Agreement No. S0859,Amendment No. 1,Page 1 of 8 16A27 but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://wwwv.mvfloridaclb.com/aadir/relcrence _guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60)calendar days following the completion date of the Agreement,to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: i. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identity the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer(CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with Chapter 691-72, Florida Administrative Code(F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement,in writing,on its subcontractors. For fixed-price(vendor)subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation tbrm for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. DEP Agreement No. S0859,Amendment No. 1,Page 2 of 8 16A27 E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at lute:!%www.mvtloridaefb.comiaadii!reference__guide!. F. i. The accounting systems for all Grantees must ensure that these fiends are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund,either in whole or in part,of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund,and shall forthwith pay to the Department,the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 3. Section 8.of the Agreement is hereby deleted in its entirety and replaced with the following: DEFAULT/TERMINATION/FORCE MAJEURE: A. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days' written notice to the Grantee, when the Department determines, in its sole discretion,that it is in the State's interest to do so.The Department shall notify the 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 shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits.If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. B. Termination for Cause. The Department may terminate this Agreement if any of the events of default described below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement. The Grantee shall continue work on any portion of the Agreement not terminated. If, after termination, it is determined that the Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same DEP Agreement No. S0859.Amendment No. I,Page 3 of 8 1 6A27 as if the termination had been issued for the convenience of the Department. The rights and remedies of the 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, is directed by the Department, the Grantee shall stop performing services on the date,and to the extent specified, in the notice. D. Force Majeure.The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the 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 the Grantee's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable, the Grantee shall notify the 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 the Grantee could reasonably foresee that a delay could occur as a result;or(2)if delay is not reasonably foreseeable,within five days after the date the Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the 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 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 the Grantee shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by the Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate the Agreement in whole or in part. 4. Section 11.of the Agreement is hereby deleted in its entirety and replaced with the following: SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1,the Grantee shall notify the Department's Grants Development and Review Manager at (850)245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may he a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit l when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form DEP Agreement No. 50859,Amendment No. 1.Page 4 of 8 16A27 entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\!apps.fldfs.com\fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 5. Section 16.of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person.Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. 6. Section 17.of the Agreement is hereby deleted in its entirety and replaced with the following: CONTACTS: The Department's Grant Manager(which may also be referred to as the Department's Project Manager)fir this Agreement is identified below: Zachary Easton.or Successor Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd.,MS#3505 Tallahassee,Florida 32399 Telephone No.: (850)245-2949 E-mail Address: Zachary.EastonAdep.state.11.us The Grantee's Grant Manager at the time of execution for this Agreement is identified below: Liz Gosselin,or Successor Collier County 2800 North Horseshoe Drive Naples,FL 34104 Telephone No.: (239)252-5867 E-mail Address: LizGosselin@colliergov.net 7. Section 21. is deleted and replaced with RESERVED. 8. Section 29.is added to the Agreement as follows: PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. DEP Agreement No. S0859,Amendment No. 1,Page 5 of 8 16A27 B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119,F.S.,and Section 24(a),Article I,Florida Constitution. C. It'Grantee meets the definition of"Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an individual,partnership,corporation,or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency],then the following requirements apply: i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10,F.S. ii. Upon request from the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law. iii. Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department,upon request from the Department's custodian of public records,in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman(q)dep.stat;.fl,us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request DEP Agreement No. S0859,Amendment No. 1,Page 6 of 8 16A27 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 9. Section 30. is added to the Agreement as follows: SCRUTINIZED COMPANIES: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 10. Section 31. is added to the Agreement as follows: INSPECTOR GENERAL The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation. audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its Subcontracts issued under this Agreement, if any,impose this requirement,in writing,on its sub-grantees. I I. Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A,shall hereinafter refer to Attachment A-1,Revised Grant Work Plan. 12. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1.Payment Request Summary Form,attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B,shall hereinafter refer to Attachment B-1,Payment Request Summary Form. 13. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0859,Amendment No. 1,Page 7 of 8 0 1 6 A 2 7 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement 50859 to be duly executed,the day and year last written below. COLLIER CS 1 TY STATE OF FLORIDA DEPARTMENT OF / ENVIRONMENTAL PROTECTION By: ir. .= By: ZZ'S—k\A..„V ChAra ill Secretary or Designee Andy Solis Trina Vielhauer,Director Print Name of Authorized Person Print Name and Title of Authorized Person Date: 06- t2t. 1g Date: CQ h 5` 1s A TE 1 1: 3o.c.,h#t' &e- DWIGHT E. BRCCK Clerk Zachary Easton,DEP Grant Manager B ~thA4 By: ,� . -40•A 0..SAg(-01: gatZ 't0 hal, S Sandra Waters,DEP QC Reviewer signafur only. FEII)No.: 59-6000558 Approved as to form and legality ` . A 'istnnt County Ault, s1 List of attachments/exhibits included as part of this Amendment: Letter/ Specify Type Number Description(include number of pages) Attachment A-1 Revised Grant Work Plan(3 Pages) Attachment B-1 Payment Request Summary Form(5 Pages) DEP Agreement No. S0859,Amendment No. 1,Page 8 of 8 1 6 A 2 7 ATTACHMENT A-1 GRANT WORK PLAN PROJECT TITLE: Collier County Naples Park Area/Basin Infrastructure Optimization for Stormwater, Water and Sewer PROJECT LOCATION: The Project will be located in Naples Park, which is located within the unincorporated area of North Naples in Collier County, Florida. PROJECT BACKGROUND: The Project integrates stormwater, water and wastewater elements to achieve capital improvement efficiencies,maximize community convenience and to protect impaired water bodies in a financially disadvantaged community (Low Income Census Block Group), Naples Park Community.The Naples Park Community,which began developing in the 1950s,encompasses twenty-one (21) streets. The goal of the overall program is to target one (1) to two (2) streets per phase to address stormwater,water and wastewater issues.The FY 2015-2016 phase will include improvements along 110th Ave. N and 107th Ave.N within the community. The stormwater collection system historically consisted of roadside ditches and driveways with a culvert pipe to allow storm water to flow under and through the driveway. Most of these culverts and piping are too small,are installed at improper elevation,have reached the end of their typical life span,and are in need of replacement.Significant sections of the streets within this community experience chronic flooding during normal or slightly above normal rainfall conditions due to poor conditions of the internal street side collection and conveyance system. The potable water system was installed over 40 years ago and is made out of asbestos cement pipe that has reached the end of its useful life.Due to the pipe's age and environment,there is an ever increasing number of water main leaks and breaks,which directly affects the Collier County Water and Sewer District's ability to supply uninterrupted service to its customers.There are a limited number of isolation valves in this area, limiting operational control during maintenance of the distribution system. The system also lacks a sufficient number of fire hydrants, limiting the fire protection in the area. The sewer system was also installed over 40 years ago and due to its age, the vitrified clay pipe gravity sewer system needs to be replaced. Related infrastructure is aged. Replacement is needed to minimize the likelihood of sanitary system overflows in environmentally sensitive areas and ensure continued effectiveness of the wastewater collection infrastructure. PROJECT DESCRIPTION: The Grantee intends to address stormwater management, water and wastewater distribution issues along 110th Ave. N and 107th Ave. N. The proposed project is for basin infrastructure optimization for stormwater, water, and sewer. Stormwater improvements will provide stormwater runoff collection and conveyance improvement as well as a reduction of potential flooding for private property by replacing deteriorated culverts, installing perforated pipes, and reconstructing the roadside stormwater management system. Water quality improvements, prior to discharge into Vanderbilt Lagoon,will be made by installing perforated pipes and reconstructing the swale system,which promotes water infiltration into the ground, and the installation of sedimentation traps. Water improvements will minimize potable water service interruptions to residents and businesses in Naples Park by: removing old asbestos-concrete pipes and installing new PVC pipes; upgrading the diameter of pipes for a better distribution system; replacing old fire hydrants and installing additional fire hydrants in the area; and installing back flow preventers for each service connection to protect the water distribution system. . Sewer/wastewater improvements will improve the effectiveness of the wastewater collection;minimize the likelihood of sanitary system overflows in environmentally sensitive areas;replace old clay pipes with PVC pipes, replace old force mains; and rehabilitate and replace pump stations. DEP Agreement No. S0859,Attachment A-1, Page 1 of 3 16A27 TASKS and DELIVERABLES: Task 1: Construction (Stormwater) Task Description: The Grantee will construct stormwater improvements in accordance with the construction contract documents. These improvements will provide collection,treatment, and conveyance of storm water by replacing culverts and reconstructing roadside swales. This component will eliminate undersized and aged culverts, address elevation issues and improve water quality treatment. Deliverables: Construction completed to date as described in this task,as evidenced by these deliverables: I)Dated color photographs of on-going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). 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. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 2: Construction (Water) Task Description: The Grantee will construct water improvements in accordance with the construction contract documents.The grantee will install new water mains to replace asbestos-concrete pipes.The mains will be replaced with 6-inch and 8-inch PVC pipe along with additional fire hydrants meeting current Insurance Services Office standards for urban firefighting and to assure delivery of potable water to residents. Deliverables: Construction completed to date as described in this task,as evidenced by these deliverables: 1) Dated color photographs of on-going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). 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. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 3: Construction (Wastewater) Task Description: The Grantee will construct wastewater improvements in accordance with the construction contract documents. This task will include the replacement of wastewater gravity mains,force mains and pump stations. The grantee will install new wastewater mains to replace PVC and clay pipes. Deliverables: Construction completed to date as described in this task,as evidenced by these deliverables: 1)Dated color photographs of on-going work representing the time period covered in the payment request; DEP Agreement No. S0859, Attachment A-1,Page 2 of 3 16A27 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). 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. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding task end date. Task Budget Budget Task Start Task End No. Task Title Category Amount Date Date I Construction(Stormwater) Contractual $375,000 07/01/15 12/31/18 Services 2 Construction(Water) Contractual $187,500 07/01/15 12/31/18 Services 3 Construction(Wastewater) Contractual $187,500 07/01/15 12/31/18 Services Total: $750,000 Note that, per paragraph 4 of the agreement,authorization for continuation and completion of work and ny associated payments may be rescinded,with proper notice,at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No. S0859, Attachment A-1,Page 3 of 3 16A27 EXHIBIT D PAYMENT REQUEST SUMMARY FORM DEP Agreement No. Agreement Effective Dates: Grantee: (Name&Mailing Address) Grantee's Grant Manager Performance Period(Stan date—End date): Date of Request: Task/Deliverable No(s). Task/Deliverable Amount Requested: S GRANT EXPENDITURES SUMMARY SECTION TOTAL PREVIOUS MATCHING TOTAL CATEGORY OF EXPENDITURE AMOUNT OF THIS CUMULATIVE (As authorized) REQUEST PAYMENT PAYMENT FUNDS FOR THIS CUMULATIVE REQUESTS REQUESTSREQUEST MATCHING FUNDS Task I: $ - S - S - S - $ - Task 2: S - S - S - S - $ - Task 3: S - S - S - S - S - Task 4: S - S - S - S - $ - Task 5: 5 - S - S - S - $ - Task 6: S - S - S - S - S - Task 7: S - S - S - S - $ - Task$: S - S - S - S - S - Task 9: S - S - S - S - S - TOTAL AMOUNT $ S S S S TOTAL BUDGET (ALL TASKS) S S LESS TOTAL CUMULATIVE S PAYMENT REQUESTS OF: S TOTAL REMAINING $ $ (ALL TASKS) GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Attachment B-I,DEP Agreement No.S0859,Page 1 of 5 16A27 Grantee's Certification of Payment Request 1, ,on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) ,do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: 0 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. ll All costs included in the amount requested have been satisfactorily purchased,performed,received,and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. ® The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in Check all that apply: ❑ All permits and approvals required for the construction,which is underway,have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such certifications are included: Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Attachment B-1, DEP Agreement No. S0859,Page 2 of 5 1 6 A 2 7 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the"AMOUNT OF THIS REQUEST"column GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT"line. Enter the amount of all Tasks on the "TOTAL BUDGET(ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. "PREVIOUS PAYMENT REOUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in this total.Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMENT REOUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the "TOTAL REAV INING(ALL TASKS)"line. "TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line tided"TOTAL PAYMENT REQUEST." The final request should show the total of all claims, first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANT'EE'S CERTIFICATION:Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment.Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Attachment B-1.DEP Agreement No.S0859,Page 3 of 5 Q6� 16A27 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT—PART II REIMBURSEMENT DETAIL Grantee Name: Payment Request No.: i DEP Agreement No.: Local Share or Other Vendor Name Invoice Invoice Date Invoice Amount Task/Deliverable Funding or Amount Requested Amount (3) Check Number Number (1) Number(4) Not Requested(2) $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ Totals: $ - $ Attachment B-1,DEP Agreement No S0859,Page 4 of 5 16A27 Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested(2)from Invoice 3 Amount(1). Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). Submittal Instructions Instructions for E-mailing: The program now accepts reimbursement requests electronically,please E-mail to WSRP. When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: WSRPdep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example—LP 14025_Disb_l Attachments: I) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Zachary Easton (850)245-29 Zachary.Easton(a�dep.state.fl.us Attachment B-1, DEP Agreement No. S0859, Page 5 of 5