Backup Documents 04/14/2009 Item #10G
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUN G tt~ q
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ole. e '
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courts Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infoffilation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's slgnarure are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Brandy Otero Phone Number 239-252-5859
Contact
Agenda Date Item was 04/14109 Agenda Item Number lOG
Approved bv the BCC
Type of Document Agreement Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes
a TO riate. (Initial)
1. 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. This includes signature pages from ordinances, f1J
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairmap and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N;
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's -en
si nature and initials are rc uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. pl~
Some documents are time sensitive and require torwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on __._ __ and all changes made during the s::
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the chan es, if a licable.
I: Formsl County Forms! Bee Forms/ Original Documents Routing Slip
WWS Original 9.03.04
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MEMORANDUM
Date: April 17, 2009
To: Brandy Otero, Operations Analyst
Trans/Stonnwater Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: An Amendment to a February 24, 2009 Memorandum of
Agreement between Florida Department of Environmental
Protection (FDEP), through its Office of Coastal and Aquatic
Managed Areas (CAMA), and Collier County to approve an
initial work order not exceed $500,000.00 in available grant
funds to be reimbursed to the County by FDEP to make
hydrologic restoration improvements on Shell Island Road
Attached you will find two (2) original amendment agreements, referenced
above, (Agenda Item #10G), which was approved by the Board of County
Commissioners on Tuesday, February 24, 2009.
After forwarding to the appropriate party for signatures, please return a fully
executed original to the Minutes and Records Department so it may be kept as
part of the Board's permanent record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachment
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and
COLLIER COUNTY, FLORIDA
DEP Contract No. RM086
AMENDMENT TO MEMORANDUM OF AGREEMENT
This AMENDMENT TO MEMORANDUM OF AGREEMENT (hereinafter referred to as
the AMENDMENT) is entered into between the Florida Department of Environmental Protection
(hereinafter referred to as DEPARTMENT) by and through its Office of Coastal and Aquatic
Managed Areas (hereinafter referred to as CAMA), and Collier County, a political subdivision of
the State of Florida (hereinafter referred to as the COUNTY):
R E C I TAL S:
WHEREAS, the DEPARTMENT and the COUNTY entered into a Memorandum of
Agreement on February 24, 2009, wherein the COUNTY agreed to administer a project on behalf
of the DEPARTMENT involving the hydrological restoration, installation of culverts, backfill of
ditches, and reconstruction of road improvements on Shell Island Road in Collier County,
Florida; and
WHEREAS, the DEPARTMENT and the COUNTY wish to amend that Memorandum of
Agreement as allowed under numbered paragraph eight (8), which provides that the parties may
modify its terms; and
WHEREAS, the parties wish to amend the Memorandum of Agreement, in part, to
provide that the COUNTY will manage the project and advance the construction costs of the
project subject to repayment by the DEPARTMENT and that the DEPARTMENT will
immediately construct and pave Shell Island Road following the completion of finished grading
of the road's surface;
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WHEREAS, both parties desire to modify, fully clarify, and resolve various issues
concerning their respective rights, expectations and duties under the Memorandum of
Agreement; and
WHEREAS, after reasoned consideration by the COUNTY and the DEPARTMENT, the
parties agree that this Amendment is in the public interest.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained above and herein, and the fact that all of the above recitals are true and correct and
shall be fully incorporated herein and form part of the basis for this Amendment, the parties
agree as follows:
1. The Memorandum of Agreement is hereby amended as indicated on the attached
Amended Memorandum of Agreement, including Attachments thereto. The amendments made
to the February 24, 2009, Memorandum of Agreement are indicated by underscoring new
additions and deleting portions using stfillethreHgh.
2. There are no other amendments to this Agreement except those as set forth on the
attached Memorandum of Agreement. This Amendment shall only be amended or cancelled by
mutual written consent of the parties hereto or by their successors in interest.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials. The Agreement shall become effective upon the date in which it
has been signed by both parties as indicated below.
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COLLIER COUNTY, a political
Department of Environmental Protection subdivision ofthe State of
Office of Coastal and Aquatic Managed Areas Florida
By: By: (L d4~
Lee Edmiston, Director Donna Fiala
Or Designee County Commission Chairman
Dated: Dated: Op~/ /4,:J60<1
ATTEST: Attest: ~ Y:;f,;.
,...i.
Dwight E. Brock"Ci~r\{.',:;: ' ^>
.'-' ,A\'
By: Byt:i~ ~.L.
,"\.Ill.' ,.",.,,1;,:;:
.t~.M" ,';,:] ."
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: By: ~tf I?/e-L
DEP Attorney Office of County Attorney
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ATTACHMENT TO AMENDMENT TO MEMORANDUM OF AGREEMENT
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and
COLLIER COUNTY, FLORIDA
MEMORANDUM OF AGREEMENT
NUMBER-
DEP Contract No. RM086
This MEMORANDUM OF AGREEMENT (hereinafter referred to as the
AGREEMENT) is entered into between the Florida Department of Environmental Protection,
whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (
(hereinafter referred to as DEPARTMENT) by and through its Office of Coastal and Aquatic
Managed Areas (hereinafter referred to as CAMA), and Collier County, a political subdivision of
the State of Florida (hereinafter referred to as the COUNTY), to conduct the Shell Island Road
reconstruction.
WHEREAS, CAMA manages those portions of Rookery Bay National Estuarine
Research Reserve (hereinafter referred to as the RBNERR) described in Lease No. 3682 from the
Board of Trustees of the Internal Improvement Trust Fund ofthe State of Florida;
WHEREAS, the DEPARTMENT and the COUNTY have agreed to combine efforts to
conduct hydrological restoration, place culverts, backfill ditches, and conduct road
reconstruction for Shell Island Road (hereinafter referred to as the PROJECT);
WHEREAS, the COUNTY has the experience, resources, and expertise to administer the
PROJECT and the COUNTY has agreed to assume administration of the PROJECT, which
includes fefiHal qHetatieH alleY/iHg the DEP,'\RTMENT te piggyllaek CeHtraet it 98 S911
".^_'1ftIi1l1 CeHtFaet For URGOrgr81ma Utility CeHtracter Sen'iees" iR aeCefGlffiee with SootieR 35 ef
saia oeRtract, ,....hioh pro'/ides fer a competitive process and utilizejng the service of the lowest
responsive contractor, (hereiRaller refarrea te as CONTRACTOR) for construction services of
the PROJECT;
WHEREAS, CAMA has secured design plans and technical specifications from Barkley
Consulting Engineers, Inc. (hereinafter referred to as CONSULTANT) for the PROJECT and the
COUNTY and tho CONTR.^.CTOR will construct the PROJECT in accordance with the
CONSULT.\NT'S PROJECT plans as noted and the specifications referenced on attached
Attachment "A" (Scope of Services). All attachments and exhibits named herein and attached
hereto are incorporated by reference.
WHEREAS, C.'\t\1.^. the DEPARTMENT and the COUNTY may agree to undertake
future improvement of Shell Island Road within and related to the scope of the original Project,
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this agreement may be amended to incorporate design, engmeenng, and construction
specifications and to provide for administration of the PROJECT;
WHEREAS, easements from the COUNTY, the Conservancy of Southwest Florida, the
National Audubon Society, Inc., and Raymond E. Carroll, Trustee of the Bear Hammock Land
Trust have been issued to the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida, c/o the DEPARTMENT, and authorize the DEPARTMENT and the
DEPARTMENT'S heirs, successors and assigns to use certain lands to accomplish the
PROJECT;
WHEREAS, the COUNTY agrees to advance the funds necessary to complete the
I'roiect. in an amount not to exceed $500.000.00 $412.112.00. subiect to the DEPARTMENTS
timely reimbursement to COUNTY as specified herein;
WHEREAS, this AGREEMENT delegates administration of the PROJECT to the
COUNTY and provides for procedures by which invoicing and payment will be made to the
CONTR..\CTOR COUNTY by the DEPARTMENT, thfough CAMf.;
WHEREAS. the DEPARTMENT agrees to adhere to all federal and State grant reoorting
requirements in connection with the Proiect and bears full financial responsibility to COUNTY
upon completion ofthe proiect and submission of timely substantiated invoices;
WHEREAS. the DEP:\RTMENT agrees te immediately eeaslniet aas iastalllla'/cmeRt
llI3eH the e6tablishmeat ef a fiFlishes graae sllffaee ea Shell 161aas Read se as aet te allew the
fiFlishes graae te aeterierate er reauire regrasia!2:. Parties recognize the need to address long-
standing environmental and maintenance issues pertaining to Shell Island Road, it is the intent of
the DEPARTMENT to continue with needed improvements to Shell Island Road following the
successful completion of the work described in the attached Scope of Services. including but not
limited to the installation of pervious pavement upon the road's surface. using funds that are
currently allocated to the DEPARTMENT from the State Legislature for that purpose.
NOW THEREFORE, m consideration of the mutual covenants contained herein the
DEPARTMENT and the COUNTY agree as follows:
I. a. The PROJECT consists of demolition of the existing cross-drain structures;
ellttiag, filliag aHa compacting ef fills and grading the existing roadway base and requires te
briag the eatire prejeet area te graaes speeifiea ia the tealmieal speeifieatieas; the removal and
replacement of reinforced concrete culverts allowing for surface water flow; and such further
work as is outlined in the design plans and specifications, including but not limited to backfilling
the existing borrow ditch with clean fill, rebuilding 100' of each side of cross drains with 6" of
limerock base and constructing a temporary silt fence for the length of the project as needed.
b. The PROJECT is located within Rookery Bay National Estuarine Research
Reserve in Collier County and is funded by U.S. Fish and Wildlife Service grant funds. The
COUNTY has agreed to serve as administrator of the PROJECT and will solicit competitive
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formal quotations pursuant to COUNTY Purchasing Policy, evaluate such formal quotations in
consultation with CAMA's Project Manager, provide onsite project management, and to assume
the role of contract manageL
c. The DEPARTMENT, through CAMA, agrees to provide 100% funding, not to
exceed $500,000.00 $412,112.00, for the PROJECT and shall provide payment for approved
invoices submitted directly from the CONTR:\CTOR COUNTY to the DEPARTMENT. +he
DEPf.RTMENT shall f0mit paymeRt directly to the CONTRACTOR iR accordance with the
Local GO'lemmeRt Prompt PaymeRt .'\et, Florida Statlltes ~ 218.70. The COUNTY agrees to
work in conjunction with CAMA for evaluation of formal quotations, contract drafting,
inspection of work to approve pay requests, and final approval and contract closure procedures.
The COUNTY UHderstands that tfle eRtirety of the cORGtruetioR activity mllst be eElHlfllete by
March 31, 2009 pllrsliant to CAM.'\'s grant agreemeftt. The life Elf the PROJECT lffider this
.\GREEMENT may be elltellded 1ijl0R elleclltioR of any SllilSeEllieRt amellamoots to tflis
:\GREEMENT. The parties ellpressly agree that the proyisiollG of this .^.GREEMENT saall
sllrvive and be ellforeeable beyolld tfle expiratioll date of this .^.GREEMENT.
2. The COUNTY shall perform the following services for the PROJECT:
The COUNTY shall provide advance funding for the PROJECT in an amount not to
exceed $500,000.00 $112.112.00, subiect to reimbursement from the DEPARTMENT of all
allowable amounts the COUNTY expends upon submission of invoices substantiating the
reasonable costs COUNTY incurred on PROJECT as required in Paragraph 9. "Allowable
amounts" or "allowable expenses" as used throughout herein refers to costs and expenses
incurred by the COUNTY that is consistent with the plans, specifications. and scope of services
for the PROJECT.
The COUNTY shall be responsible for the performance of all services necessary to
secure and evaluate formal quotations for construction of the PROJECT and to provide
construction project management for the PROJECT pursuant to DEPARTMENT Permits. as well
as all other responsibilities delegated to COUNTY on Attachment "A.".
3. The DEPARTMENT shall provide the funds to accomplish the services set forth herein
from the grant funds the DEPARTMENT received from the U.S. Fish and Wildlife Service. ill
ParagrilJ3h I. This f.GREEMENT may be amended to iRe0l'J30rate fatare eORGtruetioR serviees
withiR the seope of the PROJECT's plans aRd specifieatioRs, if determined Recessary by the
parties, throllgh a separate wRtteR illstrumeR!. The DEPARTMENT shall adhere to and assumes
all risks involved with federal and State law. grant reporting, and compliance requirements in
connection with the PROJECT and bears full financial responsibility to reimburse COUNTY,
from the grant funds the DEPARTMENT received from the U.S. Fish and Wildlife Service.
upon its submission of timely invoices for allowable expenses.
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The DEPARTMENT shall provide the funds to accomplish the services set forth herein in
ParagrapH I. THis AGREEMENT may Be ameHded te iHeefJlerate futllfe eOHstruetion serviees
witnia tHe seepe €If tHe PROJECT's plans and specificatioHs, if deteffiliaed aecessary by tne
parties, tHreugn a separate '.wittea instrumeHt. The DEPARTMENT shall adhere to and assumes
all risks involved with federal and State law, grant reporting, and compliance requirements in
connection with the PROJECT and bears full financial responsibility to reimburse COUNTY
upon its submission of timely invoices for allowable expenses, regardless of whether the
DEP ARTMENT actually receives funding from a grant related to this PROJECT;
Tne DEPf.RTMENT shall immediately eeHstruet and iastalllla'/emeHt 1I1leH tne
estaillisluneRl €If a fiHiskea l1:faae sllrface eH Skell IslllRd Reaa so as Het te aile'", tne fiHisned
l1:faae te deteriorate er reallire rel1:faaia!2:. It is the DEPARTMENT's intent to continue with
needed improvements to Shell Island Road following the successful completion of the work
described in the attached Scope of Services, including but not limited to the installation of
pervious pavement upon the road's surface, using funds that are currently allocated to the
DEPARTMENT from the State Legislature for that purpose.
4. The COUNTY shall fully administer the services set forth herein in Paragfllflns I ana 2,
aileYe, and those Sfleeifieatiofls statea ia EllhiBit "/\," attaehed. CeHstruetisa sBITiees and lIIlY
adaitieflal aesiga aHd peffilitting snall Be fully admiaisterea BY ilie COUNTY and skall follsw all
csmpetitive feffilal '1l1etatisn pf(lceallres ana state, fcaeral ana lecallaws. CAMA shall review
the formal quotations with the COUNTY prior to the issuance of a contract. The contract shall
be drafted with collaboration from CAMA and the DEPARTMENT's Office of General Counsel
to include all state and federally mandated clauses and forms, if applicable.
5. Tnis f.GREBMBNT skall Beeeme effeetive en tne date sf elleclItien BY beth parties and
shall terminate en Mar-eh 31, 2009, lIaless €lllteHaea fer geea eallse lIflen agreemeat by ilie
COUNTY lIIla the DEPARTMENT. The Parties lInaerstand aHd agree that tHe PFtljeet shall Det
6efflffiea6e lIRlil all peffilits are oblaifled; netwilfistanaiag tHe ailbreviated eempletisa aate.
5. All PROJECT design changes, notices, and other future activities shall be directed to the
Project Managers for written concurrence, appropriate action, or disposition as identified below:
CAMA's Proiect Manager: The COUNTY's Proiect Manager:
Randy McCormick Gerald Kurtz
FDEPlRookery Bay NERR Road Maintenance Dept., Stormwater
Assistant Manager Principal Project Manager
300 Tower Road 2885 S. Horseshoe Drive
Naples, FL 34114 Naples, FL 34104
(239) 417-6310 (239) 252-8192
Any formal notice arising under this AGREEEMENT to either party shall be made in
writing to the Project Managers at the addresses above. Any approvals required for construction,
contracting, invoicing, or payment shall be from the above-cited Project Managers and shall not
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be accepted from any other individual unless designated as designee. Any change in either the
COUNTY or CAMA's Project Manager shall be noticed to the other party at the address listed
above within ten (10) days of such change.
6. The DEPARTMENT and COUNTY shall have joint responsibility for testing,
monitoring, and post-construction activities required under permits and called for in the
technical specifications.
Both parties agree to be fully responsible for their own acts of negligence, or their
respective agents' acts of negligence when acting within the scope of their employment, and
agree to be liable for any damages resulting from said negligence to the extent permitted by
Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by either the COUNTY or the DEPARTMENT. Nothing herein shall be construed as
consent by the COUNTY or the DEPARTMENT to be sued by third parties in any manner
arising out of this AGREEMENT. The DEPARTMENT further expressly covenants and agrees
to refrain from bringing suit or proceedings at law, in equity, or administratively and, to the
extent allowable by law, to indemnify and hold the COUNTY harmless, on account of any and all
such claims, demands, actions or causes of action related to any acts of negligence or violations
of law committed by the DEPARTMENT's contractor while working on the Project.
8. TRis },GREEMENT mll)" be t~fffiillatetl BY either party HP81l thirty (30) tlays writtell
Heti~e if eellditiells arise, sHeh as laek of availaBle fIlHding, whieh tlietates that it is in the pHIllie
iHt~rest to terminate. This tleellment emeeaies the whole agreement betwe8H the parties. There
are HO promises, tefffis, eonditieHs or allegations ether than those eontainea herein lIHa this
aoelllReHt shall sHjlemeae all previolls eemmlHlieatiolls, r8jlres~Htlltiells aH8!er agreemellt,
whether wntteH er veffial, between the parties herete. TRis AGREEMENT mill' Be metlifiea
enly in '.vritiHg eJlesHted BY all parties. This f,GREEMENT shall Be BiHdiHg HjleH the parties,
their Sllseessers, assigns IlHtllegal rlljlreselltatives.
7. Prier te its effeetiveHess, ([his AGREEMENT and subsequent amendments thereto must
be filed and recorded with the Clerk of the Circuit Court of Collier County.
8. This Contract shall begin upon execution bv both parties and remain for a period of six
(6) months, inclusive. In accordance with Section 287.058(2). Florida Statutes. the COUNTY
shall not be eligible for reimbursement for services rendered prior to the execution date of this
Contract. This Contract mav be renewed for an additional term not to exceed the original
Contract period or three (3) vears. whichever is longer. Renewal of this Contract shall be in
writing and subiect to the same terms and conditions of this Contract. All renewals are
contingent upon satisfactorv performance bv the COUNTY and the availabilitv of funds.
9. a. As consideration for the services rendered bv the COUNTY under the terms of
this Contract. the DEPARTMENT shall pav the COUNTY on a cost reimbursement basis UP to a
maximum of $500,000.00 $412.112.00.
b. The COUNTY shall submit invoices on a monthlv basis, in coni unction with
progress reports as required herein. All bills for amounts due under this Contract shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final invoice must
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be submitted no later than thirty (30) days after the completion date of the Contract in order to
assure the availability of funding. Within 48 hours after the DEPARTMENT's receipt of
invoices from the COUNTY, it shall provide written confirmation to COUNTY that the services
and/or goods identified in those invoices constitute allowable expenses/amounts as defined in
this agreement or specifically indicate which services and/or goods to which it has exception.
Any failure to timely respond within that period shall be deemed approval of the invoice
submitted by the DEPARTMENT.
c. The State Chief Financial Officer requires detailed supporting documentation of
all costs under a cost reimbursement agreement. In accordance with the Contract Payment
Requirements, (attached hereto and made a part hereof as Attachment B), the COUNTY shall
comply with the minimum requirements set forth therein. Invoices shall be accompanied by
supporting documentation and other requirements as follows:
1. Salaries/Wages - The COUNTY shall not be reimbursed for direct salaries
or multipliers (i.e., fringe benefits, overhead. and/or general and administrative rates) for
COUNTY's employees.
II. Contractual (Subcontractors) - Reimbursement reqUests for payments to
subcontractors must be substantiated by copies of invoices with backup documentation identical
to that required from the COUNTY. Subcontracts which involve payments for direct salaries
shall clearly identify the personnel involved. salary rate per hour. and hours/time spent on the
proiect. All multipliers used (i.e. fringe benefits, overhead. and/or general and administrative
rates) shall be supported by audit. If the DEPARTMENT determines that multipliers charged by
any subcontractor exceeded the rates supported by audit, the COUNTY shall be required to
reimburse such funds to the DEPARTMENT within thirty (30) days of written notification.
Interest on the excessive charges shall be calculated based on the prevailing rate used by the
State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved
by the DEPARTMENT shall be documented by copies ofthe paid invoices.
111. Travel - Reimbursement for travel expenses and per diem are not
authorized under the terms ofthis Contract.
IV. Equipment - (Capital outlay over $1,000 in value) - The purchase of non-
expendable equipment or personal property costing $1,000 or more is not authorized under the
terms ofthis Contract.
10. Pursuant to Section 215.422, Florida Statutes. the DEPARTMENT's Contract Manager
shall have five (5) working days. unless otherwise specified herein. to inspect and approve the
services for payment: the DEPARTMENT must submit a request for payment to the Florida
Department of Financial Services within twenty (20) days: and the Department of Financial
Services is given ten (l0) days to issue a warrant. Days are calculated from the latter date the
invoice is received or services received. inspected. and approved. Invoice payment requirements
do not start until a proper and correct invoice has been received. Invoices which have to be
returned to a contractor for correction(s) will result in a delay in the payment. A Vendor
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Ombudsman has been established within the Florida Department of Financial Services who may
be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State
of Florida agency. The Vendor Ombudsman may be contacted at 850-410-9724 or
1-800-848- 3 792.
11. In accordance with Section 215.422. Florida Statutes, the DEPARTMENT shall pay the
COUNTY, interest at a rate as established by Section 55.030), Florida Statutes on the unpaid
balance, if a warrant in payment of an invoice is not issued within forty (40) days after receij:>t of
a correct invoice and receipt, inspection. and approval of the goods and services. Interest
payments of less than $1 will not be enforced unless a contractor requests payment. The interest
rate established pursuant to Section 55.030 ), Florida Statutes may be obtained by calling the
Department of Financial Services. Vendor Ombudsman at the telephone number provided above
or the DEPARTMENT's Procurement Section at 850-245-2361.
12. The DEPARTMENT may terminate this Contract at any time in the event of the failure
of the COUNTY to fulfill any of its obligations under this Contract. Prior to termination, the
DEPARTMENT shall provide ten (0) calendar days written notice of its intent to terminate and
shall provide the COUNTY an opportunity to consult with the DEPARTMENT regarding the
reason( s) for termination. In the event that the Contract is terminated under this provision, the
COUNTY shall be paid for work satisfactorily completed and irrevocable commitments made.
The parties hereto may terminate this Contract for convenience as evidenced by formal
amendment which clearlv describes the basis for the termination. In the event that the Contract
is terminated for convenience, the COUNTY shall be paid for work satisfactorily completed and
irrevocable commitments made.
Notice shall be sufficient if delivered personally or by certified mail to the address set
forth in paragraph 11.
13. Anv and all notices shall be delivered to the parties at the following addresses:
COUNTY DEPARTMENT
Collier County Board of Rookerv Bay National Estuarine
County Commissioners Research Reserve
Road Maintenance Department, Attn: Randy McCormick
Stormwater
Attn: Gerald Kurtz 300 Tower Road
2885 S. Horseshoe Drive Naples, Florida 34113
Naples, Florida 34104
14. The DEPARTMENT's Contract Manager is Randy McCormick, phone 239-417-6310.
The COUNTY's Contract Manager is Gerald Kurtz, phone 239-252-8192. All matters shall be
directed to the appropriate Contract Manager for action or disposition.
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15. This Contract may be unilaterally canceled by the DEPARTMENT for refusal by the
COUNTY to allow public access to all documents. papers. letters. or other material made or
received by the COUNTY in coni unction with this Contract. unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes.
16. The COUNTY shall maintain books. records and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. The DEPARTMENT. the State. or their authorized representatives shall
have access to such records for audit purposes during the term of this Contract and for five years
following Contract completion. In the event any work is subcontracted. the COUNTY shall
similarly require each subcontractor to maintain and allow access to such records for audit
purposes. The DEPARTMENT is the recipient of the grant award that will fund this PROJECT.
As such. the COUNTY is serving in a vendor capacity and will not be responsible for reporting
its expenditures on any Single Audit schedule.
17. The COUNTY warrants that it has not employed or retained any company or person.
other than a bona fide employee working solely for the COUNTY to solicit or secure this
Contract and that it has not paid or agreed to pay any person. company. corporation. individual.
or firm. other than a bona fide employee working solely for the COUNTY any fee. commission.
percentage. gift or other consideration contingent upon or resulting from the award or making of
this Contract.
18. The COUNTY 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.
19. This Contract has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be
interpreted in such manner as to be effective and valid under applicable law. but if any provision
of this Contract shall be prohibited or invalid under applicable law. such provision shall be
ineffective to the extent of such prohibition or invalidity. without invalidating the remainder of
such provision or the remaining provisions of this Contract. Any action hereon brought by
COUNTY against the DEPARTMENT hereon or in connection herewith shall be brought in
Leon County. Florida. Any action brought by the DEPARTMENT against the COUNTY hereon
or in connection herewith shall be brought in Collier County. Florida.
20. No delay or failure to exercise any right. power or remedy accruing to either party upon
breach or default by either party under this Contract, shall impair any such right. power or
remedy of either party; nor shall such delay or failure be construed as a waiver of any such
breach or default. or any similar breach or default thereafter.
21. The COUNTY recognizes that the State of Florida. by virtue of its sovereignty. is not
required to pay any taxes on the services or goods purchased under the terms of this Contract.
22. This Contract is neither intended nor shall it be construed to grant any rights. privileges
or interest in any third party without the mutual written agreement of the parties hereto.
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23. a. No person. on the grounds of race. creed. color. national origin. age. sex, or
disability. shall be excluded from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this Contract.
b. An entity or affiliate who has been placed on the discriminatory yendor list may
not submit a bid on a contract to proyide goods or services to a public entity. may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work. may not submit bids on leases of real property to a public entity. may not award or
perform work as a contractor. supplier. subcontractor. or consultant under contract with any
public entity. and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory yendor list and intends to
post the list on its website. Questions regarding the discriminatory yendor list may be directed to
the Florida Department of Management Services. Office of Supplier Diyersity at 850-487-0915.
24. This Contract is an exclusiye contract for services and may not be assigned in whole or in
part without the written approyal ofthe DEPARTMENT.
25. a. The COUNTY shaH not subcontract. assign. or transfer any work under this
Contract without the prior written consent of the DEPARTMENT's Contract Manager. The
COUNTY agrees to be responsible for the fulfillment of all work elements included in any
subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of
all monies due under any subcontract. It is understood and agreed by the COUNTY that the
DEPARTMENT shaH not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the COUNTY shaH be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
b. The Deoartment of Enyironmental Protection supports diyersity In its
procurement program and requests that all subcontracting opportunities afforded by this Contract
embrace diversity enthusiastically. The award of subcontracts should reflect the fuH diyersity of
the citizens of the State of Florida. A list of Minority Owned firms that could be offered
subcontracting opportunities may be obtained by contacting the Office of Supplier Diversitv at
850-487-0915.
26. To the extent required by law. the COUNTY will be self-insured against. or will secure
and maintain during the life of this Contract. Workers' Compensation Insurance for all of his
employees connected with the work of this proiect and. in case any work is subcontracted. the
COUNTY shall require the subcontractor similarly to proyide Workers' Compensation Insurance
for all of the latter's employees unless such employees are coyered by the protection afforded by
the COUNTY. Such self-insurance program or insurance coyerage shaH comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work
under this Contract is not protected under Workers' Compensation statutes. the COUNTY shall
proyide. and cause each subcontractor to proyide. adequate insurance satisfactory to the
DEPARTMENT. for the protection of his employees not otherwise protected.
27. The COUNTY warrants and represents that it is self-funded for liability insurance.
appropriate and allowable under Florida law. and that such self-insurance offers protection
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applicable to the COUNTY's officers, employees, servants and agents while acting within the
scope of their employment with the COUNTY.
28. The purchase of non-expendable personal property or equipment costing $1.000 or more
is not authorized under the terms ofthis Contract.
29. a. The DEPARTMENT may at any time, by written order designated to be a change
order, make any change in the work within the general scope of this Contract (e.g"
specifications, time, method or manner of performance, requirements, etc. ). All change orders
are subiect to the mutual agreement of both parties as evidenced in writing. Any change order
which causes an increase or decrease in the COUNTY's cost or time shall require formal
amendment to this Contract.
b. The DEPARTMENT reserves the right to initiate the amendment of this
alITeement with COUNTY to provide additional services, and to provide funding for the
additional services. based upon the availability of funding and its receipt and approval by the
DEPARTMENT ofa budget and scope of work.
30. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a lITantee, contractor, 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 of36 months from the date of being placed on the convicted
vendor list.
31. All tracings. plans, specifications. maps. computer files and or reports prepared or obtained
under this Contract, as well as data collected, together with summaries and charts derived
therefrom. shall be considered works made for hire and shall become the property of the
DEPARTMENT upon completion or termination of this Contract, without restriction or limitation
on their use and shall be made available, upon request. to the DEPARTMENT at any time during
the performance of such services and/or upon completion or termination of this Contract. The
COUNTY shall provide the DEPARTMENT with all appropriate source code for use. Upon
delivery to the DEPARTMENT of said docwnents(sl. the DEPARTMENT shall become the
custodian thereof in accordance with Chapter 119, Florida Statutes.
32. The COUNTY shall comply with all applicable federal. State and local rules and
regulations in providing services to the DEPARTMENT under this Contract. The COUNTY
acknowledges that this requirement includes compliance with all applicable federal. state and
local health and safety rules and regulations. The COUNTY further alITees to include this
provision in all subcontracts issued as a result of this Contract.
The COUNTY is serving in a vendor capacity on this PROJECT, and based upon the role
of a vendor. it is not responsible for managing the DEPARTMENT's lITant alITeement for this
PROJECT and will not be responsible for reporting expenditures on a Single Audit schedule. It
is the COUNTY'S intent. however. to complv with and include as appropriate the provisions
contained in Attachment C. attached hereto and made a part hereof, in any work orders or
subsequent subcontracts for the PROJECT. In addition, the COUNTY acknowledges that the
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applicable regulations listed in Attachment D, Regulations, attached hereto and made a part
hereof. shall applv to such subsequent subcontracts and/or work orders, as appropriate.
The DEPARTMENT shall adhere and assumes all risks involved with federal and State
law, grant reporting, and compliance requirements in connection with the PROJECT: including
but not limited to federal compliance requirements l'ertaining to expediting the procurement
process to advance the completion of the PROJECT.
33. The State of Florida, through the Department of Management Services, has instituted
MvFloridaMarketPlace, a statewide e-procurement svstem. Pursuant to rule 60A-l.032(] ),
Florida Administrative Code, this Contract shall be exempt from the one percent (]%)
transaction fee.
34. This Contract represents the entire agreement of the parties. Anv alterations, variations,
changes, modifications or waivers of provisions of this Contract shall onlv be valid when thev
have been reduced to writing, dulv signed bv each of the parties hereto, and attached to the
original ofthis Contract. unless otherwise provided herein.
35. Lobbving
A. The COUNTY certifies that no Federal appropriated funds have been paid or will be paid.
on or after December 22, 1989. bv or on behalf of the COUNTY, to anv person for
influencing or attempting to influence an officer or emplovee of an agencv, a Member of
Congress, an officer or emplovee of Congress. or an emplovee of a Member of Congress,
in connection with the awarding. renewal. amending or modifying of anv Federal contract,
grant, or cooperative agreement. If anv non-Federal funds are used for lobbving activities
as described above, the COUNTY shall submit Attachment E. Standard Fonn-LLL.
"Disclosure of Lobbving Activities" and shall file quarterlv updates of anv material
changes. The COUNTY shall require the language of this certification to be included in all
subsequent subcontracts and/or work orders, and all subcontractors shall certifv and
disclose accordinglv.
B. Pursuant to the Lobbving Disclosure Act of 1995, anv organization described in Section
501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subcontracts under
this Contract, unless such organization warrants that it does not, and will not, engage in
lobbving activities prohibited bv the Act as a special condition of the subcontract. This
restriction does not applv to loans made pursuant to approved revolving loan programs or
to contracts awarded using proper procurement procedures.
C. The COUNTY'S shall ensure that no funds provided under this Contract are used to engage
in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law. The COUNTY shall abide bv its respective OMB Circular
(A-21. A-87, or A0122), which prohibits the use offederal grant funds for litigation against
the United States or for lobbying or other political activities.
36. Suspension and Debarment
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In accordance with Subpart C of 2 CFR Part 180 and 2 CFR 1532, the COUNTY shall
agree and certify that it is not presently debarred, suspended, proposed for debarment. declared
ineligible, or voluntarily excluded from participation in this transaction by anv Federal
department or agency; and, that the COUNTY shall not knowingly enter into any lower tier
contract. or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by the US Department of
Environmental Protection to the Department. The COUNTY shall include the language of this
section in all subsequent subcontracts, lower tier agreements and/or work orders executed to
support the COUNTY"s work under this contract.
37, The PARTIES reserve the right to amend this Contract to provide for additional services,
and for the DEPARTMENT to provide funding for the additional services, based upon the
availability of funding and receipt and approval by the DEPARTMENT of a budget to fund such
services. The COUNTY shall not perform. nor be compensated for, any services beyond the
services described in Attachment A, unless and until this Contract is formally amended to
provide funding and a scope of work for additional services.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly
authorized officers, and their officials seals hereto affixed, this _ th day of April, 2009,
COLLIER COUNTY, a political
Department of Environmental Protection subdivision of the State of
Office of Coastal and Aquatic Managed Areas Florida
By: By:
Lee Edmiston, Director Donna Fiala
Or Designee County Commission Chairman
ATTEST: ATTEST: Dwight E. Brock, Clerk
By: By:
, Deputy Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: By:
DEP Attorney Office of County Attorney
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List of attachments/exhibits included as part of this Contract:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Services (3 Pages)
Attachment B Contract Payment Requirements (1 Page)
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
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ATTACHMENT A
SCOPE OF SERVICES
Rookerv Bay National Estuarine Research Reserve (Department) and Collier County
(Contractor) have agreed to combine efforts to conduct hydrological restoration, place culverts,
backfill ditches, and conduct road reconstruction for Shell Island Road (hereinafter referred to as
the Proiect).
The Proiect consists of demolition of the existing cross-drain structures; compacting and grading
the existing roadway base all eatting, filling ana eelHl3aetiRg ef fills and gffiEliRg rel:lHirea te
briRg the entire eroieet area te ~aaes seeaifiea in the teaMiea! seeeifieatieRs; the removal and
replacement of reinforced concrete culverts allowing for surface water flow; and such further
work as is outlined in the design plans and specifications, including but not limited to backfilling
the existing borrow ditch with clean filL rebuilding lOa' of each side of cross drains with 6" of
limerock base the eJlistiflg readway with embankment material aHa eomeaatealime reek, and
constructing a temporarv silt fence for the length of the proiect as needed eer ehms.
The Proiect is located within Rookerv Bav National Estuarine Research Reserve in Collier
County and is funded by U.S. Fish and Wildlife Service grants.
Description ofProiect Work
This proiect consists of:
. Removing and replacing culverts in nine locations as per plans;
. Backfilling the existing borrow ditch with clean fill or equivalent per plans;
. Rebuilding 100' of each side of cross drain with 6" of lime rock base;
. Compact and regrade existing roadway base; and
. Constructing a silt fence the length of the proiect as needed.
The Contractor has agreed to subcontract the actual construction work to be completed under the
Proiect and to perform all proiect management and administration of the Proiect.
Replacing materials shown on the construction plan with an equivalent one by the subcontractor
will require prior authorization in writing from the Collier Countv Contract Manager. In
addition, a supervisorv personnel by the subcontractor change shall require prior authorization
from the Collier County Contract Manager.
As-Built drawings are to be provided bv the subcontractor. All survey information depicted on
the As-Built drawings shall be collected under the direct supervision of the PSM in accordance
with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative
Code. As-Built drawings must be prepared, signed and sealed by a PSM. The Contractor's
Contract Manager will review the record drawings provided by the PSM for completeness. The
PSM is responsible for the replacement of anv & all survev control or boundarv comers damaged
or destroved during construction.
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It shall be the subcontractor's responsibility to notify the Collier County Contract Manager, in
writing, of any construction problems or additional construction needs. The Collier County
Contractor Manager shall keep the Department Contract Manager UP to date on all aspects of the
Proi ect.
Should additional costs be involved which are not covered within the Contract Specifications, a
Unit Cost shall be agreed upon, a Change Order to the Work Order completed by the Contractor
and their subcontractor prior to performing additional services. Any such changes which result
in an increase in Proiect cost must be addressed through an amendment to this Contract prior to
commencement of such work.
The Contractor and their subcontractor shall communicate frequently and maintain a working
schedule after the Notice To Proceed has been issued. The written schedule is required to be
kept current with the progress of the work. Should the schedule be changed. it shall be
immediately up-dated.
During the term of the Contract. the Contractor shall be required to attend weekly progress
meetings with their subcontractor, unless otherwise specified by the Contractor's Contract
Manager. The subcontractor shall record notes and type minutes of the progress meeting and
also attend other special meetings that the Contractor requires.
The subcontractor shall provide all materials, labor, equipment, mobilization/demobilization. any
other necessary effort. element and/or component(s) needed to complete the work in its entirety
per plans and at the Bid Price submitted.
On a twenty-four (24) hour basis, the subcontractor may be required to travel to the site
immediately to meet with the Contractor, law enforcement or emergency personnel to resolve an
emergency. The subcontractor shall respond to a telephone, beeper, or radio call within one (] )
hour. There shall be no additional charge for these responses.
The disposal of all debris and construction litter must be at a proper landfill or disposal site. All
disposal fees, tipping or charges are to be included in the Bid Price submitted.
Maintenance of Traffic is solely the responsibility of the subcontractor and is to be placed prior
to construction. Should the subcontractor not place and/or properly maintained the Maintenance
of Traffic (M.O.T.) the subcontractor's Proiect Manager will require the Proiect work to cease
until the proper M.O.T. has been placed and/or maintained.
The subcontractor shall comply with the requirements of Collier County's Maintenance of
Traffic (M.O.T.) Policy copies of which are available through the Risk Management or
Purchasing Department. The subcontractor shall obtain and review the Collier County M.O.T.
Policy Requirements and shall comply with these during construction.
This Proiect will require a Performance and/or Payment Bond by the subcontractor and it shall
be submitted prior to commencement.
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.
Utilitv locates shall be conducted prior to commencement of work. Soft digging, pot holing
and/or any commonly approved method at the subcontractor's discretion may be used to locate
existing utilities.
Permitting
The subcontractor shall fill out, sign, and date a Notice of Intent to Use Generic Permit for
Stormwater Discharge from Large and Small Construction Activities, (F.D.E.P. Form 62 -
621.300(4)(b)). Submit the signed copy of the N.O.I. to the County. The Contractor shall submit
the completed form to the Florida Department of Environmental Protection along with the
required permit fee and a COpy of the form to Collier County Engineering Services Department.
Dailv Logs
The subcontractor shall complete and submit to the Contractor on a weekly basis a Dailv Log
documenting the subcontractor's activities at the Proiect site such as:
I. Soil or weather conditions which adverse Iv affect the work;
2. Dailv iob site hours of operation;
3. Number of subcontractor's and subcontractor's personnel present and working at the
proiect site;
4. Equipment on the proiect site;
5. Work description being preformed;
6. Materials received;
7. List of visitors; and,
8. Anv problems that might impact either the cost or quality of the work or the time of
performance.
The Contractor will be responsible for the services to be performed bv their subcontractor as well
as to serve as the Proiect Administrator. The following Proiect Administration services shall be
performed bv the Contractor:
. The Contractor shall be responsible for providing construction proiect management for
the Proiect pursuant to the Deoartment Permits.
. The Contractor shall fully administer the services set forth above as well as any
additional anticipated services. design and permitting.
. This is a time sensitive proiect and the Contractor shall ensure that the Proiect is
completed bv June 30, 2009.
The Contractor shall submit invoices to the DellartmeHl County upon completion of each task.
All invoices are to be paid on satisfactory completion of those tasks.
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A TT ACHMENT B
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (January
2005)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel. expenses. etc.) Supporting documentation must be
provided for each amount for which reimbursement is being claimed indicating that the item has
been paid. Check numbers may be provided in lieu of copies of acttual checks. Each piece of
documentation should clearly reflect the dates of service. Only expenditures for categories in the
approved contract budget should be reimbursed.
Listed below are examples oftvoes of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The
payroll register should show grOSS salary charges, fringe benefits, other
deductions and net pay. If an individual for whom reimbursement is being
claimed is paid by the hour, a document reflecting the hours worked times
the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid
on behalf of the employee ( e.g., insurance premiums paid). If the contract
specifically states that fringe benefits will be based on a specified
percentage rather than the actual cost of fringe benefits. then the
calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to
provide check numbers or copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061.
Florida Statutes. which includes submission of the claim on the approved
State travel voucher or electronic means.
(4) Other direct costs:Reimbursement will be made based on paid invoices/receipts. If
nonexpendable property is purchased using State funds. the contract
should include a provision for the transfer of the property to the State
when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017,
Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase
tangible personal property as defined in Section 273.02, Florida Statutes,
for subsequent transfer to the State.
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(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.)
may be reimbursed on a usage log which shows the units times the rate
being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified
rate, then the calculation should be shown.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January.
2005) can be found at the following web address:
http://www .fIdfs.coml aadir/reference%5F guide/.
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ATTACHMENTC
All contracts awarded by a recipient, including small purchases, shall contain the following
provisions as applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring
compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as
amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
2. Copeland "Anti-Kickback" Act (18 V.S.C. 874 and 40 V.S.C. 276c) - All contracts
and sub grants in excess of $2000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland "Anti-
Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29
CFR part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. The recipient shall
report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 V,S.C. 276a to a-7) - When required by Federal
program legislation, all construction contracts awarded by the recipients and
subrecipients of more than $2000 shall include a provision for compliance with the
Davis-Bacon Act (40 U.S.c. 276a to a-7) and as supplemented by Department of Labor
regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction"). Under this Act, contractors
shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week. The
recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned
upon the acceptance of the wage determination. The recipient shall report all suspected or
reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 V.S.c. 327-333) - Where
applicable, all contracts awarded by recipients in excess of $2000 for construction
contracts and in excess of $2500 for other contracts that involve the employment of
mechanics or laborers shall include a provision for compliance with Sections 102 and 107
of the Contract Work Hours and Safety Standards Act (40 U.S.c. 327-333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of
the Act, each contractor shall be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less
than 1 Yz times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that
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no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements
for the performance of experimental, developmental, or research work shall provide for
the rights of the Federal Government and the recipient in any resulting invention in
accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
6. Clean Air Act (42 U.S.c. 7401 et seq.) and the Federal Water Pollntion Control Act,
as amended (33 U.S,c. 1251 et seq.) - Contracts and subgrants of amounts in excess of
$100,000 shall contain a provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.c. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.c.
1251 et seq.). Violations shall be reported to the Federal awarding agency and the
Regional Office ofthe Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for
an award of $100,000 or more shall file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.c. 1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O,s 12549 and 12689) - No contract shall be made to
parties listed on the General Services Administration's List of Parties Excluded from
Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and
12689, "Debarment and Suspension." This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared ineligible under
statutory or regulatory authority other than E.O. 12549. Contractors with awards that
exceed the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 V.S.c.
1368) and Section 1424(e) of tbe Safe Drinking Water Act (42 V.S.C. 300h-3(e)) -
Contracts and sub grants of amounts in excess of $100,000 shall contain a provision that
requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42
U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EP A).
20
. .. __^."__._.... _,,__"_.__.._~_.,,_h.___ ._.~._". ._--_...,",.~,
lOG i
10. Compliance with all Federal statutes relating to nondiscrimination - These include
but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which
prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of
handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.c. 6101-6107),
which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527
of the Public Health Service Act of 1912 (42 U.S.c. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.c. 3601 et seq.), as amended, relating to
nondiscrimination m the sale, rental or financing of housing; (h) any other
nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of
any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that
provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs. These requirements apply
to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 V.S,C. 1501 - 1508 and 7324 -
7328) that limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Compliance, if applicahle, with flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P,L. 93-234) that requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
14. Compliance with environmental standards which may be prescribed to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b)
notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands
pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with
E.O. 11988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.c. 7401 et seq.);
(g) protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under
the Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 V.S.C. 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
21
- -- --"_.._~_._~~--_._-,_...- -. -,_..- -,~._,-"
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16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 V.S.C. 470), E.G. 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 V.S.c.
469a-l et seq,).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 V.S.c. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this
Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 V.S.C. 4801 et
seq.) that prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency
that are contained in the State energy conservation plan issued in accordance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the
provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec.
5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41
D.S.C. ~ 702) and DoC hnplementing regulations published at 43 CFR Part 43,
"Govemmentwide Requirements for Drug-Free Workplace (Financial Assistance)"
published in the Federal Register on November 26, 2003, 68 FR 66534), which require
that the recipient take steps to provide a drug-free workplace.
22. Compliance with the Buy American Act (41 V.S.c. 10a-lOc) By accepting funds
under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act
of March 3, 1933, popularly known as the "Buy American Act." The Grantee should
review the provisions of the Act to ensure that expenditures made under this Agreement
are in accordance with it. It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made available under this
Agreement should be American-made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175)
By accepting funds under this Agreement, the Grantee agrees to implement the
requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 D.S.C. 7l04(g).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
22
._._^'_.___,_____~T.,_.~..._..__~..~~.~_~._, _._~.~--..__._"--
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ATTACHMENT D
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (001) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which mav aoolv to the work oerformed under this AlITeement.
General
43 C.F.R. 17 "' Nondiscrimination in federallv assisted orograms of the 001
I
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative
alITeements to state and local "ovemments
43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hosoitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbving
43 C.F.R. 43 Governmentwide reauirements for dru,,-free workplace
Other Federal Regulations
2 C.F.R. 1400 I Suspension and Debarment
48 C.F.R. 31 I Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-B3 Audit Reauirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
23
-.'-'---.. ._--~---~~' _.~---'~---------
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ATTACHMENT E
Approved by OMB
0348-
0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this fonn to disclose lobbying activities pursuant to 31 USe. 1352
(See reverse for public burden disclosure.)
I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
0 a. contract 0 a. bid/offer/application 0 a. initial filing
b. grant b. initial award b material change
c. cooperative agreement c. post.award
d. loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address oCPrime:
o Prime D Subawardee
Tier , if known:
Congressional District, ifknown: Congressional District, if known:
6. Federal DepartmenUAgency: 7. Federal Program NamelDescription:
CFDA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
S
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(ifindividual, la.st name, first name, MI): differentfrom No. IDa)
(last name,first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, j{necessary)
II. Information requested through this form is authorized by title 31 v.s.c. Signature:
section 1352. This disclosure of lobbying activities is a material Print Name:
representation of fact upon which reliance was placed by the tier above
wben this transaction was made or entered into. Tbis disclosure is
required pursuant to 31 US.c. 1352. This information will be reported to Title:
Congress semi-annually and will be .av.ailable for public inspection. A.y
person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
pen.alty of not less than S10.000 .and not more than SIOO,OOO for each such
failure.
Federalllse Only: Authorized for LDcaJ Reproduction
Standard Furm- LLL (Rev 7 - 97)
24
,--._------ -- ",-.._--_.-,,_.- .....~"'........'.. ~ .-.--------
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING
ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or
prime Federal recipient, at the initiation or receipt of a covered Federal action, or a
material change to a previous filing, pursuant to title 31 U.S.c. section 1352, The filing of a
form is required for each payment or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with a covered Federal action. Complete all items that apply for both the
initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or
has been secured to influence the outcome of a covered Federal action,
2. Identify the status ofthe covered Federal action.
3. Identify the appropriate classification of this report, If this is a followup report
caused by a material change to the information previously reported, enter the
year and quarter in which the change occurred. Enter the date of the last
previously submitted report by the reporting entity for this covered Federal
action,
4. Enter the full name, address, city, state and zip code of the reporting entity.
Include Congressional District, if known. Check the appropriate classification of
the reporting entity that designates if it is or expects to be, a prime or sub award
recipient, Identify the tier of the subawardee, e.g., the first subawardee of the
prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants,
5. If the organization filing the report in item 4 checks "Subawardee", then enter
the full name, address, city, state and zip code of the prime Federal recipient.
Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment.
Include at least one organizational level below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action
(item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA)
number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal
action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation
for Bid (IFB) number; grant announcement number; the contract, grant, or loan
25
--,.._-~._._._.._- .~F...~____,~' -,..~-_._.-...
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award number; the application/proposal control number assigned by the Federal
agency). Include prefixes, e.g" "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment
by the Federal agency, enter the Federal amount of the awardlIoan commitment
for the prime entity identified in item 4 or S.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity
engaged by the reporting entity identified in item 4 to influence the covered
Federal action.
(b) Enter the full names of the individual(s) performing services, and include full
address if different from 10 (a). Enter Last Name, First Name, and Middle
Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and
telephone number.
Public reporting burden for tbis collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions. searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
04-COA-041309
26
....- _,~,_,,______'__~___"M_",____ .--.----- ~ .._-~"~-"._,..._--_.",....._-
/
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP! 0 G ~
J'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #51-
Route to Addressee(s) Office Initials Date
(List in routinp order)
1.
2.
3.
4. Scott Teach, Deputy County Attorney County Attorney 02/J t/)5h '
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courts Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Brandy Otero Phone Number 239-252-5859
Contact
Agenda Date Item was 04/14/09 Agenda Item Number lOG
Aooroved bv the BCC
Type of Document Work Order Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not
aooropriate. (Initial) Applicable)
1. 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 ofthe County Attorney. This includes signature pages from ordinances, fj)
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's ---fYJ
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the I~ b)
document or the final neeotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's .~ )()
si~nature and initials are reouired. 'V
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bce office within 24 hours of BeC approval. ~
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 deadlinesl
6. The document was approved by the BCC on ~_____ and all changes made during the /J?r-
meeting have been incorporated in the attached document. The County Attorney's Office r---
has reviewed the chanees, if apolicable.
I: Forms/ County Formsl Bee Forms! Original Documents Routing Slip
WWS Original 9.03.04
'.__m__... ..__.__.,___ '_~_"__~'_'"'_'__'~".'''''_".'~~''~'''~'"'~'' ..... '" "."'~'." ~.. --'" ,,,,.,. "".........^ _"__,_,,"~,,,~",,_,,__,,__,,'~_'_""_._,."___'___',,_,____H"
IDlE
WORK ORDER/PURCHASE ORDER#45001 06432
Agreement for "Fixed Term Underground Utility Contracting Services"
Dated: March 11,2008 (RFP/Bid 08-5011)
This Work Order is for professional underground utility contracting services for work known as:
Project Name: Shell Island Road Restoration Project
Project No: 51101
The work is specified in the proposal dated February 23, 2009 which is attached hereto and made a
part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced
above, and in accordance with the Department of Interior. Code of Federal Regulations. Title 43, the
following Attachment C, Attachment D. Attachment E, and Exhibit F are attached. Work
Order/Purchase Order # is assigned to: Haskins, Inc. This work will be
completed in conjunction with the Florida Department of Environmental Protection (FDEP). FDEP
will be reimbursing Collier County for any funds expended in accordance with this work order.
Scope of Work: As detailed in the attached proposal and the following:
. Task I Mobilization
. Task II Selective Hand Clearing of Mangroves
. Task 1Il Culvert Installation
. Task IV Backfill Swale
. Task V Roadway
. Task VI Silt Fence
*
Task VII Allowances
Schedule of Work: Complete work within 76 days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with following methodes): DNegotiated Lwnp Sum [glLump Sum Plus
Reimbursable Costs (to be reimbursed by FDEP to Collier County based upon percent complete) 0
Time & Material (established hourly rate - Schedule A) DCost Plus Fixed Fee, (define which
method will be used for which tasks) as provided in the attached proposal.
Task I $ 15,000.00 (Lump sum)
Task II $ 25,500.00 (Lump sum)
Task 1Il $ 52,500.00 (Lump sum)
Task IV $ 123,500.00 (Time & Materials)
Task V $ 52,512.00 (Lwnp sum)
Task VI $ 30,000.00 (Lump sum)
Task VII $ 200,988.00 (r,'/'n(. -l- ~fta\.s)
TOTAL FEE $ 500,000.00
Any change made subsequent to tinal department approval will be considered an additional service
and charged according to Schedule" "of the original Contract Agreement.
'^'. ~
PREPARED BY:
D te
APPROVED BY: 4/14 /O'i
Date
4//S/ocr
I nfue
Jiml'G j
APPROVED BY: 4/nlncr
dministrator / Date
~.
,.
ACCEPTED BY:
4/111 tfIl
Signature of Auth ize Company Officer date
Harlan Haskins. President
Type or Print Name and Title
'-"''''
Attest..,. ..:"".. Board of County Commissioners
i" ~ ',,- ..' ,-., ~':,y .. _, '. , . '
Dwight E. ~d(. C1'er~.). \ Collier my' Florida d -
'. -," " .," ',',..:..
f..
. By: ~ ~
Donria Fiala, Chairman
Item # lOb--
~~da ~11ti \
['f".~
.
! ",:..U ~
---------_._--_._-_..._--_..__.~--------~.._..__..~-----...--..----.-----.-.------.---.-
lOG 1.''1
.
QUOTE RESPONSE FORM
FROM: /l4SK /,v.5 Aic
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE:RFQ#85011SWM/SISWI/BO- "Shell Island Stormwater Improvement Project"
Dear Commissioners:
The undersigned, as Quoter, hereby declares that he/she has examined the site of th
work and informed himself/herself fully in regard to all conditions pertaining to the plac
where the work is to be done; and that he/she has examined the Specifications for th
work and the documents hereto attached. The Quoter further declares that the on
persons, company or parties interested in the Quotation to be entered into as principa
are named herein; that this Quotation is made without connection with any other persol
company or parties making a Quote; and it is in all respect fair and in good faith, withol
collusion or fraud.
The Quoter further certifies that he/she has familiarized himselflherself with the Feden,
State and Local laws pertaining to the type of work proposed.
The Quoter agrees, if this Quote is accepted, to Contract with the OWNER in the fon
of a County issued numbered purchase order, to furnish work in full, in complel
accordance with shown, noted, described and reasonably intended requirements I
these Plans, Specifications, Contract Documents and all Addenda hereto for the Ur
Prices on the following pages.
The service to be furnished by us is hereby declared and guaranteed to be
conformance with the specifications of the County. The undersigned do agree tho
should this Quotation Response be accepted, to commence work with the issuance I
the Notice to Proceed and to complete required work no later than March 31, 200!
unless otherwise agreed to by all parties.
~--,"'. '"'-'-"-~-'--"--~ - _."._--~-_._..~----,--_._-"------~_..._-_.__..__..
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.
.
di
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 2'3 da
of ~ ,200ft in the County of ~~ , in the State of R.., .
~'^"''' 11'<.5 ~.
Firm's Complete Legal Name
Jo"15b ENlE2Pt./5€ Ale
(Address)
~ I~ 'S?12,f'<<,S. H..J
(City, State, ZIP)
Phone No: 94-1- / I3fk
?47-2es7 Check one of the following:
Fax No: o Sole Proprietorship
, 12{ Corporation or PA,
State of t=L-
o Limited Partnership
o General Partnership
///~6Ie
Title
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.
.
Haskins Inc.
Shell Island Road Drainage Improvements
l\!I!!+:_______ ""c_onw_ ~_ _+- .-lI!l!Lrl . Un....... .J Il!lIl ~-
-' ':.;;~~Bond.....;;-~-;;:bul.~;,;..for ------:=t-~-==- _:L,ll--:r-.15.000'OOl 15.~.00 r- ---
I SUBTOTAL 1 I =r 15,000.00
~r:::.~-=-~ ~ -::.1. ..._. :.. -c~,~, ~~J-~
1L_1on 1 - COfl!!I"'" 1Q.~~RJ;L~__.._ ,. + '3 =-1=:.---'--- Ea~~5Q!LOO $ - --~!1QOJ1Ql--
j;:;:;:;~--= ~;t ~.~~~'::~~-::~ ..
-=:==:.:.::'~' ~~~{;.. F r; :~: ;=::r ...~
ic.:.,,~~.... i'i,,~=r,:,,:;J ce, . ~ ~.~"oo~~":"il ..
-,----~--- =e~~~~ ~~Wc-p--------t~~s::e~LL__"___-j;"-E---- -\----------
. - L;:~7~~,4X~-g~~~~.=~_~_ -.._=_T~+~~=r:-.::;:=~==~-=,~..-~5.99~~ -=-4,500.~ -:-_=
Locatkm 8~=:::I~~~~~~r-=-'J::' ::1:=,:. ::';::"f;""OO , ~ ~ .......=
__ --=_=~~~~x~~_Ci>=_ -- - '-42+00~1-__ - ~_ _ 1- ~== ~-~_=-._----:+-:.=--.:.-- -- .~
c.Z'==:::\1~",,-=c 1~~ C~' J .......00 I~ = ;_
..d::;~~~i:.~..:c-- ,~:-+~ -'::''::'t~-r -.-~
I~::.;~~~-...~":-=~ - - - _ ~_I.s:~~~~ij. "=- .~ r - .OO~=_.
r~------.---- ---- - - - f - - .- - -- ---
.'_=.:_..... ~~_ _.::..:. Un::) ::.:_ ;~:~- .
'[-_-_~~=-=i_...r-j:"f~:~:L .:.
.=~'TO~~~Piiu;~.;=======~-==d:n.- .=F---E-'=-t==~. 299,012.00 t_==
,: '
_.- ----=-==:----=::-=~--..==-=+-=.~~=-+.:==:=. ---..--r:====r:~=-=~--.~
."._._._.___..__.._,_.. ."~ ...~.~'... _ '-'" _~__~__.___~.~.'~;'~~.,,_.~M~_.__~"." ~"__"_.__.'~_" _ h.,...,____,_.__. _._.~...~_.>'...,,~.__c__..
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A TT ACHMENT C
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.c. 874 and 40 U.S.c. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and suhrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.c. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage detennination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.c. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is pennissible provided that the worker is compensated at a rate of not less
than I II, times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
perfonnance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Contract No. RM086, Attachment C, Page 1 of 3
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6. Clean Air Act (42 U.S.c. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.c. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.c. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.c. 1352) - Contractors who apply or bid for an award
of $1 00,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debannent and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.c. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.c. 300h-3(e)) - Contracts and
subgrants of amounts in excess of$IOO,OOO shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.c. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.c. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.c. 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VlII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (I) the requirements of any other nondiscrimination statute(s) that may apply.
II. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.c. 1501 -1508 and 7324 -7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Contract No. RM086, Attachment C, Page 2 of 3
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13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (I) confonnity with Federal actions to State (Clean Air)
Implementation Plans under Section I 76(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
740 I et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.c. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 D.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.c. 469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.c. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. 4801 et seq.) that
prohibits the use oflead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94- 1 63, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by
Public Law 105-85, Div. A, Title Vlll, Sec. 809, as codified at 41 U.S.C. S 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Govemmentwide Requirements for
Drug-Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003,68 FR 66534), which require that the recipient take steps to provide a drug-free workplace.
22. Compliance with the Buy American Act (41 U.S.c. 10a-lOc) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense ofthe Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American-made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.c.
7104(g).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. RM086, Attachment C, Page 3 of 3
...~_..._-"_._-'^~ ..."_...~ - .. ._---_.,.._._~.-.~---_.<._-,._- . ......_---_.*-,---,.._,..,-,-,_.,-_._-_...~-^~.._.._"--'-'--.~.._".._.'^
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ATTACHMENT D
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (001) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which mav applv to the work performed under this Agreement.
General
43 C.F.R. 17 I Nondiscrimination in federallv assisted programs of the DOl
I
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbving
43 C.F.R. 43 Govemmentwide requirements for drug-free workolace
Other Federal Regulations
2 C.F.R. 1400 I Suspension and Debarment
48 C.F.R. 31 I Contract Cost Principles and Procedures
Office of Manal!ement and Budl!et Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments
A-In (2 CFR Cost Principles for Non-Profit Organizations
230)
A-l33 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. RM086, Attachment D, Page 1 of I
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ATTACHMENT E
APP,,""ed by OMB
.....-
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 3 J U.S.C. 1352
(See reverse for public burden disclosure.)
I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a. contract D a. bid/ofter/application D a initial filing
b. grant b. initial award b. material change
c cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee
f loan insurance year quarter
date aflast report
4. Name and Address of Reporting Entity: S. If Reporting Entity in No.4 is Subawardee. Enter Name
o Prime and Address of Prime:
o Subawardee
Tier , ifknown:
Congressional District, ijknown: Congressional District. if known:
6. Federal DepartmenU Agen.::y: 7. Federal Program NamelDescription:
CFDA Number, if applicable:
8. Federal Action Number, iflcnown: 9. A ward Amount, if known:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, MI).' different from No. lOa)
(last name, first name, MI)'
aUach Continuation Sheet s
ll. Information requested throalb this form is authorized by tide 31 U.S.c. SiKnature:
section 1351. This disdesure of lobbying activities is a mateml Print Name: fAcLAU ~NS
representation of fact UpoD which reliaDce was pined by the tier above
wbea th~ transaction was made or entered into. This diKlO!lure is rt'quired Title: ,P~/~
pursuant to 31 D.S.C. 1351. This Information wlU be reported to Congress
semHnRually and will be available for public ifllllpection. Any penon who Telephone Nn.: a87 -747- /~ #~rQ
faib to file the required dbclosure shaD be subject to a civil peulty of not Date:
less lba. $10,000 and not more than $100.000 for each sueb failure.
Federal UseOntY;li;;' Auth0ri7.ed for Local Reproduction
,. Standard FornI - UL (Rev 7 - 97)
DEP Contrad No. RM086, Attachment _, Page 1 of 2
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
Tbis disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipieut, at
the initiation or receipt of a covered Federal action, or a material cbange to a previous filing, pursuant to title 31
U.S.c. section 1352. The filiug of a form is required for each payment or agreement to make payment to any
lobbying entity for inOuencing or attempting to inOuence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or aD employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
I. Identify the type of covered Federal action for which lobbying activity is andlor has been secured to
influence the outcome of a covered Federal action.
2. Identify the status ofthe covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of tbe reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is tbe 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. Ir the organization filing the report in item 4 checks "Subawardee", then eoter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level helow agency name, if known, For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item I (e.g., Request for Proposal (RFP) number; Invitation for Bid (lFB) number; grant announcement
number; the contract, gran~ or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-00l."
9. For a covered Federal Ktion where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified In item 4 to inOuence tbe covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying officiai shall sign and date the form, print bis/her name, title and telepbone number.
Public n:porting burden for this collection of ioformation is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the colledion of
informadon. Send comments regarding the burden eslimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to the Oroce of Management and Bud~et. Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
DEP Contract No. RM086. Attachment _' Page 2 of 2
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EXHIBIT "F"
DECLARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County
Purchasing Policy, (known as "Debarment and Suspension") shall sign the
appropriate dedaration under this exhibit. In doing so, the undersigned hereby
declares that:
~~INS. J.tJ,C.
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested
or affected party as defined under Section XXIX of the Collier County
Purchasing Policy.
2. They are not nor have not been debarred or suspended by any public
entity within the last five (5) years of the date of this submission.
3. Signature of this cIecIaration constitutes a material representation of fact
upon which reliance was placed when this submission was entered and
evaluated. Further, should it subsequently be determined that the
signatory knowingly or unknowingly rendered an erroneous dedaration;
the County shall reserve the right to reject the bid offer associated with
this dedaration and/or suspend/debar the bidder/signatory.
4. They shall provide immediate written notice to the person to whom this
proposal is submitted if at any time they Ieam that its cIecIaration was
erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly
enter into any subcontract or supplier agreement with a person or entity
who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this agreement, unless otherwise authorized by the I
,
Collier County Purchasing/General Services Director. I
The bidder shall sign the appropriate declaration below and comply with any i
accompanying requirements set forth therein:
I (A) I hereby declare that my finn nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any public agency.
......--.-- .,"__________~"'____.,.~~____...._>M"'."...__.".~,,_.,_~,~".,_.,~_...........~~_____r~~'"._~_M~"____,,_.____
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Name(s) and TItle(s) of Authorized Representative(s)
IIASc'16 WJ,
~..-- 01:1/07
&~/~
Authorized Ignature(sj"
(6) I am unable to declare that my firm is in compliance with one or more
statements contained within this declaration and I shall attach an
explanation for determination by the Collier County Purchasing Director.
Name(s) and ntIe(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s) o_
j
,
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EPLS Search Results Page 1 of 1
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EPLS E,eluded Parlies List Sysl\.'lTJ
Search Results Excluded By
Partial Name: haskins
State: FLORIDA
CT Code: E (Non Procurement)
as of 10-Apr-20091:22 PM EDT
Your search returned no results.
https://wwwepls.gov/epls/search.do;jsessionid=4C4512551A118AE801461 EFBE361 F086... 4/10/2009
-.-.--.--."----'--"<- -- _.,,_~___.d_._.
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and
COLLIER COUNTY, FLORIDA
DEP Contract No. RM086
AMENDMENT TO MEMORANDUM OF AGREEMENT
This AMENDMENT TO MEMORANDUM OF AGREEMENT (hereinafter referred to as
the AMENDMENT) is entered into between the Florida Department of Environmental Protection
(hereinafter referred to as DEPARTMENT) by and through its Office of Coastal and Aquatic
Managed Areas (hereinafter referred to as CAMA), and Collier County, a political subdivision of
the State of Florida (hereinafter referred to as the COUNTY):
RECIT ALS:
WHEREAS, the DEPARTMENT and the COUNTY entered into a Memorandum of
Agreement on February 24,2009, wherein the COUNTY agreed to administer a project on behalf
of the DEPARTMENT involving the hydrological restoration, installation of culverts, backfill of
ditches, and reconstruction of road improvements on Shell Island Road in Collier County,
Florida; and
WHEREAS, the DEPARTMENT and the COUNTY wish to amend that Memorandum of
Agreement as allowed under numbered paragraph eight (8), which provides that the parties may
modify its terms; and
WHEREAS, the parties wish to amend the Memorandum of Agreement, in part, to
provide that the COUNTY will manage the project and advance the construction costs of the
project subject to repayment by the DEPARTMENT and that the DEPARTMENT will
immediately construct and pave Shell Island Road following the completion of finished grading
of the road's surface;
Page 1 of3
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WHEREAS, both parties desire to modifY, fully clarifY, and resolve various issues
concerning their respective rights, expectations and duties under the Memorandum of
Agreement; and
WHEREAS, after reasoned consideration by the COUNTY and the DEPARTMENT, the
parties agree that this Amendment is in the public interest.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained above and herein, and the fact that all of the above recitals are true and correct and
shall be fully incorporated herein and form part of the basis for this Amendment, the parties
agree as follows:
1. The Memorandum of Agreement is hereby amended as indicated on the attached
Amended Memorandum of Agreement, including Attachments thereto. The amendments made
to the February 24, 2009, Memorandum of Agreement are indicated by underscoring new
additions and deleting portions using skikethroMgh.
2. There are no other amendments to this Agreement except those as set forth on the
attached Memorandum of Agreement. This Amendment shall only be amended or cancelled by
mutual written consent of the parties hereto or by their successors in interest.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials. The Agreement shall become effective upon the date in which it
has been signed by both parties as indicated below.
Page 2 of3
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COLLIER COUNTY, a political
Department of Environmental Protection subdivision of the State of
Office of Coastal and Aquatic Managed Areas Florida
By: A ~ By: /L d~
Lee Edmiston, Director Dohna Fiala
Or Designee County Commission Chairman
Dated: If h I) 0 '! Dated: OpriJ /14.. /;160 Cc
A TTEST: Attest:. ,':. . ',;
Dwight E. Brock, ,Clerk. \ ~:...
By: ::Jz~rCY. . BY:~~~.{~...... ~.,\~~'L'
'f~_. ....,,,J .,.-
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: ~4.ill~ ~.~ By: ~t/ I? i--L
DEP Attorn y Office of County Attorney
Page 3 of3
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ATTACHMENT TO AMENDMENT TO MEMORANDUM OF AGREEMENT
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and
COLLIER COUNTY, FLORIDA
MEMORANDUM OF AGREEMENT
NUMBER -
DEP Contract No. RM086
This MEMORANDUM OF AGREEMENT (hereinafter referred to as the
AGREEMENT) is entered into between the Florida Department of Environmental Protection~
whose address is 3900 Commonwealth Boulevard, Tallahassee. Florida 32399-3000 (
(hereinafter referred to as DEPARTMENT) by and through its Office of Coastal and Aquatic
Managed Areas (hereinafter referred to as CAMA), and Collier County, a political subdivision of
the State of Florida (hereinafter referred to as the COUNTY), to conduct the Shell Island Road
reconstruction.
WHEREAS, CAMA manages those portions of Rookery Bay National Estuarine
Research Reserve (hereinafter referred to as the RBNERR) described in Lease No. 3682 from the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida;
WHEREAS, the DEPARTMENT and the COUNTY have agreed to combine efforts to
conduct hydrological restoration, place culverts, backfill ditches, and conduct road
reconstruction for Shell Island Road (hereinafter referred to as the PROJECT);
WHEREAS, the COUNTY has the experience, resources, and expertise to administer the
PROJECT and the COUNTY has agreed to assume administration of the PROJECT, which
includes f-annal quotation allO'.ying the DEP f..RTMENT to piggybaek Contraet f:f 08 5011
"Annual Contract for Underground Utility Contractor Services" in accordance with Section 35 of
said contract, v/hich provides f-ar a competitive process and utilizeing the service of the lowest
responsive contractor~ (hereinafter referred to as CONTR.^"CTOR) for construction services of
the PROJECT;
WHEREAS, CAMA has secured design plans and technical specifications from Barkley
Consulting Engineers, Inc. (hereinafter referred to as CONSULTANT) for the PROJECT and the
COUNTY and the CONTRACTOR will construct the PROJECT in accordance with the
CONSULTf~NT'S PROJECT plans as noted and the specifications referenced on attached
Attachment "A" (Scope of Services ). All attachments and exhibits named herein and attached
hereto are incorporated by reference,
WHEREAS, CAMA the DEPARTMENT and the COUNTY may agree to undertake
future improvement of Shell Island Road within and related to the scope of the original Project,
1
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this agreement may be amended to incorporate design, engmeenng, and construction
specifications and to provide for administration of the PROJECT;
WHEREAS, easements from the COUNTY, the Conservancy of Southwest Florida, the
National Audubon Society, Inc., and Raymond E. Carroll, Trustee of the Bear Hammock Land
Trust have been issued to the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida, c/o the DEPARTMENT, and authorize the DEPARTMENT and the
DEP ARTMENT'S heirs, successors and assigns to use certain lands to accomplish the
PROJECT;
WHEREAS. the COUNTY agrees to advance the funds necessary to complete the
proiect, in an amount not to exceed $500.000.00 $112 112.00. subiect to the DEPARTMENTS
timely reimbursement to COUNTY as specified herein;
WHEREAS, this AGREEMENT delegates administration of the PROJECT to the
COUNTY and provides for procedures by which invoicing and payment will be made to the
CONTR..^..CTOR COUNTY by the DEPARTMENT, trnough C\MA;
WHEREAS. the DEPARTMENT agrees to adhere to all federal and State grant reporting
requirements in connection with the Proiect and bears full financial responsibility to COUNTY
upon completion of the proiect and submission oftimely substantiated invoices;
WHEREAS. the DEPi\R.TMENT agrees to immediately construct and install pavement
upon the establishment of a finished grade surface on Shell Island Road so as not to allow the
finished grade to deteriorate or require regrading. Parties recognize the need to address long-
standing environmental and maintenance issues pertaining to Shell Island Road. it is the intent of
the DEPARTMENT to continue with needed improvements to Shell Island Road following the
successful completion of the work described in the attached Scope of Services. including but not
limited to the installation of pervious pavement upon the road's surface. using funds that are
currently allocated to the DEPARTMENT from the State Legislature for that purpose.
NOW THEREFORE, m consideration of the mutual covenants contained herein the
DEPARTMENT and the COUNTY agree as follows:
1. a. The PROJECT consists of demolition of the existing cross-drain structures;
cutting, filling and compacting of fills and grading the existing roadway base and required to
bring the entire project area to grades specified in the technical specifications; the removal and
replacement of reinforced concrete culverts allowing for surface water flow; and such further
work as is outlined in the design plans and specifications, including but not limited to backfilling
the existing borrow ditch with clean fill, rebuilding 100' of each side of cross drains with 6" of
limerock base and constructing a temporary silt fence for the length ofthe project as needed.
b. The PROJECT is located within Rookery Bay National Estuarine Research
Reserve in Collier County and is funded by U.S. Fish and Wildlife Service grant funds. The
COUNTY has agreed to serve as administrator of the PROJECT and will solicit competitive
2
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formal quotations pursuant to COUNTY Purchasing Policy, evaluate such formal quotations in
consultation with CAMA's Project Manager, provide onsite project management, and to assume
the role of contract manager.
c. The DEPARTMENT, through CAMA, agrees to provide 100% funding, not to
exceed $500,000,00 $412,112.00, for the PROJECT and shall provide payment for approved
invoices submitted directly from the CONTRf..CTOR COUNTY to the DEPARTMENT. +he
DEPARTMENT shall remit pa)ment directly to the CONTRf..CTOR in accordance with the
Local Go"emment Prompt Payment i\ct, Florida Statutes S 218.70. The COUNTY agrees to
work in conjunction with CAMA for evaluation of formal quotations, contract drafting,
inspection of work to approve pay requests, and final approval and contract closure procedures.
The COUNTY understands that the entirety of the construetion activity must be complete by
March 31, 2009 pursuant to CA1f}..'s grant agreement. The lif-e of the PROJECT l:mder this
AGREEMENT may be extended apon execution of any subsequent amendments to this
AGREEMENT. The parties expressly agree that the provisions of this .^..GREEMENT shall
survive and be enforceable beyond the expiration date of this }..GREEMENT.
'1 The COUNTY shall perform the following services for the PROJECT:
....
The COUNTY shall provide advance funding for the PROJECT in an amount not to
exceed $500,000.00 $412,112.00. subiect to reimbursement from the DEPARTMENT of all
allowable amounts the COUNTY expends upon submission of invoices substantiating the
reasonable costs COUNTY incurred on PROJECT as required in Paragraph 9. "Allowable
amounts" or "allowable expenses" as used throughout herein refers to costs and expenses
incurred by the COUNTY that is consistent with the plans. specifications, and scope of services
for the PROJECT.
The COUNTY shall be responsible for the performance of all services necessary to
secure and evaluate formal quotations for construction of the PROJECT and to provide
construction project management for the PROJECT pursuant to DEPARTMENT Permits, as well
as all other responsibilities delegated to COUNTY on Attachment "A.".
3, The DEPARTMENT shall provide the funds to accomplish the services set forth herein
from the grant funds the DEPARTMENT received from the U.S. Fish and Wildlife Service, in
Paragraph I. This AGREEMENT may be amended to incorporate future construetion services
\vithin the scope of the PROJECT's plans and specifications, if determined necessary by the
parties, through a separate written instrument. The DEPARTMENT shall adhere to and assumes
all risks involved with federal and State law. grant reporting, and compliance requirements in
connection with the PROJECT and bears full financial responsibility to reimburse COUNTY.
from the grant funds the DEPARTMENT received from the U.S. Fish and Wildlife Service,
upon its submission of timely invoices for allowable expenses.
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THe DEP,A~RTMENT shall provide tHe funds to aeeomplish the ser'/iees set fortH Herein in
Paragraph 1, This ,'\GREEMENT may be amended to ineorporate future constructios services
'.\'ithin the scope of the PROJECT's plans and speeifieations, if determiRed Reeessary by the
parties, tHrough a separate 'lflitten iRstrument. The DEP,A~RTMENT shall adhere to and assumes
all risks in'/olved with federal and State law, graRt reporting, aRd eompliaRee requirements in
eonneetion ':lith tHe PROJECT and bears full finaseial responsibility to reimburse COUNTY
upos its submission of timeh' ia'/oiees for allo-.vable expesses, regardless of WHetHer the
DEP,A~RTMENT aetHally reeeives funding from a grant related to this PROJECT:
The DEP,A~RTMENT shall immediately eonstruet and install pavement upon the
establisHmest of a finiSHed grade surfaee on Shell Island Road so as not to allow tHe fisisHed
e:rade to deteriorate or require regrading. It is the DEPARTMENT's intent to continue with
needed imIJrovements to Shell Island Road following the successful completion of the work
described in the attached Scope of Services, including but not limited to the installation of
pervious pavement upon the road's surface, using funds that are currently allocated to the
DEPARTMENT from the State Legislature for that purpose.
4. The COUNTY shall fully administer the services set forth herein in Paragraphs I and 2,
above, and those speeifieations stated in E}(hibit ",'\," attaeHed, Construetion services and any
additional design and permittiRg shall be fully administered by tHe COUNTY and shall follo\v all
competitiye formal quotatios proeedures and state, federal and loeallav.'s. CAMA shall review
the formal quotations with the COUNTY prior to the issuance of a contract. The contract shall
be drafted with collaboration from CAMA and the DEPARTMENT's Office of General Counsel
to include all state and federally mandated clauses and forms, if applicable,
5. This ,A~GREEMENT SHall become effective on the date of execution by both parties and
shall termisate on March 31, 2009, usless e}(tended for good eause upon agreement by the
COUNTY and the DEP,A~RTMENT. THe Parties usderstand afld agree that tHe Project SHall not
commenee ustil all permits are obtaised; sotv/itHstflfldisg the abbreviated eompletion date.
5, All PROJECT design changes, notices, and other future activities shall be directed to the
Project Managers for written concurrence, appropriate action, or disposition as identified below:
CAMA's Proiect Manager: The COUNTY's Proiect Manager:
Randy McCormick Gerald Kurtz
FDEP/Rookery Bay NERR Road Maintenance Dept., Stormwater
Assistant Manager Principal Project Manager
300 Tower Road 2885 S, Horseshoe Drive
Naples, FL 34114 Naples, FL 34104
(239) 417-6310 (239) 252-8192
Any formal notice arising under this AGREEEMENT to either party shall be made in
writing to the Project Managers at the addresses above. Any approvals required for construction,
contracting, invoicing, or payment shall be from the above-cited Project Managers and shall not
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be accepted from any other individual unless designated as designee. Any change in either the
COUNTY or CAMA's Project Manager shall be noticed to the other party at the address listed
above within ten (10) days of such change.
6. The DEPARTMENT and COUNTY shall have joint responsibility for testing,
monitoring, and post-construction activities required under permits and called for in the
technical specifications.
Both parties agree to be fully responsible for their own acts of negligence, or their
respective agents' acts of negligence when acting within the scope of their employment, and
agree to be liable for any damages resulting from said negligence to the extent permitted by
Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by either the COUNTY or the DEPARTMENT. Nothing herein shall be construed as
consent by the COUNTY or the DEPARTMENT to be sued by third parties in any manner
arising out of this AGREEMENT. The DEPARTMENT further expressly covenants and agrees
to refrain from bringing suit or proceedings at law, in equity, or administratively and, to the
extent allowable by law, to indemnify and hold the COUNTY harmless, on account of any and all
such claims, demands, actions or causes of action related to any acts of negligence or violations
of law committed by the DEPARTMENT's contractor while working on the Project.
8, This }~GREEMENT may be terminated by either party upon thirty (30) days vlritten
notice if conditions arise, sHeh as lack of available funding, which dietates that it is in the pHblic
interest to terminate. This docUfRent embodies the whole agreement betweefl the parties. There
are no promises, tenns, eonditions or allegations other than those contained herein and this
document shall supersede all preyiOHS eommlillications, representations and/or agreement,
whether vlritten or 'lerbal, between the parties hereto. This AGREEMENT may be modified
only in writing executed by all parties. This AGREEMENT shall be binding upon the parties,
their successors, assigns and legal representatives.
7. Prior to its effectiveness, tIhis AGREEMENT and subsequent amendments thereto must
be filed and recorded with the Clerk of the Circuit Court of Collier County.
8. This Contract shall begin upon execution by both parties and remain for a period of six
(6) months, inclusive. In accordance with Section 287,058(2), Florida Statutes, the COUNTY
shall not be eligible for reimbursement for services rendered prior to the execution date of this
Contract. This Contract may be renewed for an additional term not to exceed the original
Contract period or three (3) years, whichever is longer. Renewal of this Contract shall be in
writing and subiect to the same terms and conditions of this Contract. All renewals are
contingent upon satisfactory performance by the COUNTY and the availability of funds.
9. a. As consideration for the services rendered by the COUNTY under the terms of
this Contract, the DEPARTMENT shall pay the COUNTY on a cost reimbursement basis up to a
maximum of $500,000.00 $112,112.00.
b. The COUNTY shall submit invoices on a monthly basis, in conjunction with
progress reports as required herein. All bills for amounts due under this Contract shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final invoice must
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be submitted no later than thirty (30) days after the completion date of the Contract in order to
assure the availability of funding. Within 48 hours after the DEPARTMENT's receipt of
invoices from the COUNTY, it shall provide written confirmation to COUNTY that the services
and/or goods identified in those invoices constitute allowable expenses/amounts as defined in
this agreement or specifically indicate which services and/or goods to which it has exception.
Any failure to timely respond within that period shall be deemed approval of the invoice
submitted by the DEPARTMENT.
c. The State Chief Financial Officer requires detailed supporting documentation of
all costs under a cost reimbursement agreement. In accordance with the Contract Payment
Requirements, (attached hereto and made a part hereof as Attachment B), the COUNTY shall
comply with the minimum requirements set forth therein. Invoices shall be accompanied by
supporting documentation and other requirements as follows:
1. Salaries/Wages - The COUNTY shall not be reimbursed for direct salaries
or multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for
COUNTY's employees,
11. Contractual (Subcontractors) - Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup documentation identical
to that required from the COUNTY. Subcontracts which involve payments for direct salaries
shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
proiect. All multipliers used (i.e. fringe benefits. overhead. and/or general and administrative
rates) shall be supported by audit. If the DEPARTMENT determines that multipliers charged by
any subcontractor exceeded the rates supported by audit. the COUNTY shall be required to
reimburse such funds to the DEPARTMENT within thirty (30) days of written notification.
Interest on the excessive charges shall be calculated based on the prevailing rate used by the
State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved
by the DEPARTMENT shall be documented by copies of the paid invoices.
111. Travel - Reimbursement for travel expenses and per diem are not
authorized under the terms of this Contract.
IV. Equipment - (Capital outlay over $1,000 in value) - The purchase of non-
expendable equipment or personal property costing $1.000 or more is not authorized under the
terms of this Contract.
10. Pursuant to Section 215.422. Florida Statutes. the DEPARTMENT's Contract Manager
shall have five (5) working days. unless otherwise specified herein, to inspect and approve the
services for payment; the DEPARTMENT must submit a request for payment to the Florida
Department of Financial Services within twenty (20) days; and the Department of Financial
Services is given ten (10) days to issue a warrant. Days are calculated from the latter date the
invoice is received or services received. inspected, and approved. Invoice payment requirements
do not start until a proper and correct invoice has been received. Invoices which have to be
returned to a contractor for correction( s) will result in a delay in the payment. A Vendor
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Ombudsman has been established within the Florida Department of Financial Services who may
be contacted if a contractor is experiencing problems in obtaining timely payment( s) from a State
of Florida agency. The Vendor Ombudsman may be contacted at 850-410-9724 or
1-800-848-3792.
11. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the
COUNTY, interest at a rate as established by Section 55.030), Florida Statutes on the unpaid
balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of
a correct invoice and receipt, inspection, and approval of the goods and services. Interest
payments of less than $1 will not be enforced unless a contractor requests payment. The interest
rate established pursuant to Section 55.030 ), Florida Statutes may be obtained by calling the
Department of Financial Services, Vendor Ombudsman at the telephone number provided above
or the DEPARTMENT's Procurement Section at 850-245-2361.
12. The DEPARTMENT may terminate this Contract at any time in the event of the failure
of the COUNTY to fulfill any of its obligations under this Contract. Prior to termination, the
DEPARTMENT shall provide ten (0) calendar days written notice of its intent to terminate and
shall provide the COUNTY an opportunity to consult with the DEPARTMENT regarding the
reason(s) for termination. In the event that the Contract is terminated under this provision, the
COUNTY shall be paid for work satisfactorily completed and irrevocable commitments made.
The parties hereto may terminate this Contract for convenience as evidenced by formal
amendment which clearly describes the basis for the termination. In the event that the Contract
is terminated for convenience, the COUNTY shall be paid for work satisfactorily completed and
irrevocable commitments made.
Notice shall be sufficient if delivered personally or by certified mail to the address set
forth in paragraph 11.
13. Any and all notices shall be delivered to the parties at the following addresses:
COUNTY DEPARTMENT
Collier County Board of Rookery Bay National Estuarine
County Commissioners Research Reserve
Road Maintenance Department, Attn: Randy McCormick
Stormwater
Attn: Gerald Kurtz 300 Tower Road
2885 S, Horseshoe Drive Naples, Florida 34113
Naples, Florida 34104
14. The DEPARTMENT's Contract Manager is Randy McCormick, phone 239-417-6310.
The COUNTY's Contract Manager is Gerald Kurtz, phone 239-252-8192. All matters shall be
directed to the appropriate Contract Manager for action or disposition.
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15. This Contract may be unilaterally canceled by the DEPARTMENT for refusal by the
COUNTY to allow public access to all documents, papers, letters, or other material made or
received by the COUNTY in conjunction with this Contract, unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(1 ), Florida Statutes.
16. The COUNTY shall maintain books, records and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. The DEPARTMENT, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Contract and for five years
following Contract completion. In the event any work is subcontracted, the COUNTY shall
similarly require each subcontractor to maintain and allow access to such records for audit
purposes. The DEPARTMENT is the recipient of the grant award that will fund this PROJECT.
As such, the COUNTY is serving in a vendor capacity and will not be responsible for reporting
its expenditures on any Single Audit schedule.
17. The COUNTY warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the COUNTY to solicit or secure this
Contract and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for the COUNTY any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award or making of
this Contract.
18. The COUNTY 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.
19. This Contract has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Contract shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Contract. Any action hereon brought by
COUNTY against the DEPARTMENT hereon or in connection herewith shall be brought in
Leon County, Florida. Any action brought by the DEPARTMENT against the COUNTY hereon
or in connection herewith shall be brought in Collier County, Florida.
20. No delay or failure to exercise any right, power or remedy accruing to either party upon
breach or default by either party under this Contract, shall impair any such right, power or
remedy of either party; nor shall such delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default thereafter.
21. The COUNTY recognizes that the State of Florida, by virtue of its sovereignty, is not
required to pay any taxes on the services or goods purchased under the terms of this Contract.
22. This Contract is neither intended nor shall it be construed to grant any rights, privileges
or interest in any third party without the mutual written agreement of the parties hereto.
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23. a. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be
otherwise subiected to discrimination in performance of this Contract.
b. An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under contract with any
public entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and intends to
post the list on its website. Questions regarding the discriminatory vendor list may be directed to
the Florida Department of Management Services, Office of Supplier Diversity at 850-487-0915.
24. This Contract is an exclusive contract for services and may not be assigned in whole or in
part without the written approval ofthe DEPARTMENT.
25. a. The COUNTY shall not subcontract, assign, or transfer any work under this
Contract without the prior written consent of the DEPARTMENT's Contract Manager. The
COUNTY agrees to be responsible for the fulfillment of all work elements included in any
subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of
all monies due under any subcontract. It is understood and agreed by the COUNTY that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the COUNTY shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
b. The Department of Environmental Protection supports diversity III its
procurement program and requests that all subcontracting opportunities afforded by this Contract
embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of
the citizens of the State of Florida. A list of Minority Owned firms that could be offered
subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at
850-487-0915.
26. To the extent required by law, the COUNTY will be self-insured against, or will secure
and maintain during the life of this Contract, Workers' Compensation Insurance for all of his
employees connected with the work of this proiect and, in case any work is subcontracted, the
COUNTY shall require the subcontractor similarly to provide Workers' Compensation Insurance
for all of the latter's employees unless such employees are covered by the protection afforded by
the COUNTY. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work
under this Contract is not protected under Workers' Compensation statutes, the COUNTY shall
provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of his employees not otherwise protected.
27. The COUNTY warrants and represents that it is self-funded for liability insurance,
appropriate and allowable under Florida law, and that such self-insurance offers protection
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applicable to the COUNTY's officers, employees, servants and agents while acting within the
scope of their employment with the COUNTY.
28. The purchase of non-expendable personal property or equipment costing $1 ,000 or more
is not authorized under the terms of this Contract.
29. a. The DEPARTMENT may at any time, by written order designated to be a change
order, make any change in the work within the general scope of this Contract (e,g.,
specifications, time, method or manner of performance, requirements, etc.). All change orders
are subiect to the mutual agreement of both parties as evidenced in writing. Any change order
which causes an increase or decrease in the COUNTY's cost or time shall require formal
amendment to this Contract.
b. The DEPARTMENT reserves the right to initiate the amendment of this
agreement with COUNTY to provide additional services, and to provide funding for the
additional services, based upon the availability of funding and its receipt and approval by the
DEPARTMENT ofa budget and scope of work.
30. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor, 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 from the date of being placed on the convicted
vendor list.
31. All tracings. plans. specifications. maps. computer files and or reports prepared or obtained
under this Contract. as well as data collected. together with summaries and charts derived
therefrom. shall be considered works made for hire and shall become the property of the
DEPARTMENT upon completion or termination of this Contract. without restriction or limitation
on their use and shall be made available. upon request. to the DEPARTMENT at any time during
the performance of such services and/or upon completion or termination of this Contract. The
COUNTY shall provide the DEPARTMENT with all appropriate source code for use. Upon
delivery to the DEPARTMENT of said documents(s). the DEPARTMENT shall become the
custodian thereof in accordance with Chapter 119. Florida Statutes.
32. The COUNTY shall comply with all applicable federal. State and local rules and
regulations in providing services to the DEPARTMENT under this Contract. The COUNTY
acknowledges that this requirement includes compliance with all applicable federal. state and
local health and safety rules and regulations. The COUNTY further agrees to include this
provision in all subcontracts issued as a result of this Contract.
The COUNTY is serving in a vendor capacity on this PROJECT. and based upon the role
of a vendor, it is not responsible for managing the DEPARTMENT's grant agreement for this
PROJECT and will not be responsible for reporting expenditures on a Single Audit schedule. It
is the COUNTY'S intent. however. to comply with and include as appropriate the provisions
contained in Attachment C. attached hereto and made a part hereof. in any work orders or
subsequent subcontracts for the PROJECT. In addition. the COUNTY acknowledges that the
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applicable regulations listed in Attachment D, Regulations, attached hereto and made a part
hereof, shall apply to such subsequent subcontracts and/or work orders, as appropriate.
The DEPARTMENT shall adhere and assumes all risks involved with federal and State
law, grant reporting, and compliance requirements in connection with the PROJECT; including
but not limited to federal compliance requirements pertaining to expediting the procurement
process to advance the completion of the PROJECT.
33. The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide e-procurement system, Pursuant to rule 60A-1.032(1 ),
Florida Administrative Code, this Contract shall be exempt from the one percent (1%)
transaction fee.
34, This Contract represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Contract shall only be valid when they
have been reduced to writing, duly signed by each of the parties hereto, and attached to the
original of this Contract, unless otherwise provided herein.
35. Lobbving
A. The COUNTY certifies that no Federal appropriated funds have been paid or will be paid,
on or after December 22, 1989, by or on behalf of the COUNTY, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress,
in connection with the awarding, renewal, amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities
as described above, the COUNTY shall submit Attachment E, Standard Form-LLL,
"Disclosure of Lobbying Activities" and shall file quarterly updates of any material
changes. The COUNTY shall require the language of this certification to be included in all
subsequent subcontracts and/or work orders, and all subcontractors shall certify and
disclose accordingly.
B. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section
501 ( c )4 of the Internal Revenue Code of 1986 shall not be eligible for subcontracts under
this Contract, unless such organization warrants that it does not, and will not, engage in
lobbying activities prohibited by the Act as a special condition of the subcontract. This
restriction does not apply to loans made pursuant to approved revolving loan programs or
to contracts awarded using proper procurement procedures.
C. The COUNTY'S shall ensure that no funds provided under this Contract are used to engage
in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law. The COUNTY shall abide by its respective OMB Circular
(A-21, A-87, or AOI22), which prohibits the use of federal grant funds for litigation against
the United States or for lobbying or other political activities.
36. Suspension and Debarment
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In accordance with Subpart C of 2 CFR Part 180 and 2 CFR 1532, the COUNTY shall
agree and certify that it is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and, that the COUNTY shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by the US Department of
Environmental Protection to the Department. The COUNTY shall include the language of this
section in all subsequent subcontracts, lower tier agreements and/or work orders executed to
support the COUNTY"s work under this contract.
37. The PARTIES reserve the right to amend this Contract to provide for additional services,
and for the DEPARTMENT to provide funding for the additional services, based upon the
availability of funding and receipt and approval by the DEPARTMENT of a budget to fund such
servIces. The COUNTY shall not perform, nor be compensated for, any services beyond the
services described in Attachment A, unless and until this Contract is formally amended to
provide funding and a scope of work for additional services.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly
authorized officers, and their officials seals hereto affixed, this _th day of April, 2009.
COLLIER COUNTY, a political
Department of Environmental Protection subdivision of the State of
Office of Coastal and Aquatic Managed Areas Florida
By: By:
Lee Edmiston, Director Donna Fiala
Or Designee County Commission Chairman
ATTEST: ATTEST: Dwight E. Brock, Clerk
By: By:
, Deputy Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: By:
DEP Attorney Office of County Attorney
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List of attachments/exhibits included as part of this Contract:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Services (3 Pages)
Attachment B Contract Payment Requirements (2 Pages)
Attachment C Contract Provisions (4 Pages)
Attachment D Regulations ( 1 Page)
Attachment E Disclosure of Lobbying (3 Pages)
REM.^.INDER OF P.^.GE INTENTIONALLY LEFT BLANK
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A TT ACHMENT A
SCOPE OF SERVICES
Rookery Bay National Estuarine Research Reserve (Department ) and Collier County
(Contractor) have agreed to combine efforts to conduct hydrological restoration. place culverts.
backfill ditches. and conduct road reconstruction for Shell Island Road (hereinafter referred to as
the Proiect).
The Proiect consists of demolition of the existing cross-drain structures; compacting and grading
the existing roadway base all c1:ltting. filling and compacting of fills and grading required to
bring the entire proiect area to grades specified in the technical specifications; the removal and
replacement of reinforced concrete culverts allowing for surface water flow; and such further
work as is outlined in the design plans and specifications. including but not limited to backfilling
the existing borrow ditch with clean fill. rebuilding 100' of each side of cross drains with 6" of
limerock base the existing roadway with embaflkment material and co:rnpooted lime rock. and
constructing a temporary silt fence for the length of the proiect as needed per plans.
The Proiect is located within Rookery Bay National Estuarine Research Reserve in Collier
County and is funded by U.S. Fish and Wildlife Service grants.
Description ofProiect Work
This proiect consists of:
. Removing and replacing culverts in nine locations as per plans;
. Backfilling the existing borrow ditch with clean fill or equivalent per plans;
. Rebuilding 100' of each side of cross drain with 6" of limerock base;
. Compact and regrade existing roadway base; and
. Constructing a silt fence the length ofthe proiect as needed.
The Contractor has agreed to subcontract the actual construction work to be completed under the
Proiect and to perform all proiect management and administration of the Proiect.
Replacing materials shown on the construction plan with an equivalent one by the subcontractor
will require prior authorization in writing from the Collier County Contract Manager. In
addition. a supervisory personnel by the subcontractor change shall require prior authorization
from the Collier County Contract Manager.
As-Built drawings are to be provided by the subcontractor. All survey information depicted on
the As-Built drawings shall be collected under the direct supervision of the PSM in accordance
with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative
Code. As-Built drawings must be prepared. signed and sealed by a PSM. The Contractor's
Contract Manager will review the record drawings provided by the PSM for completeness. The
PSM is responsible for the replacement of any & all survey control or boundary comers damaged
or destroyed during construction.
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It shall be the subcontractor's responsibility to notify the Collier County Contract Manager. in
writing. of any construction problems or additional construction needs. The Collier County
Contractor Manager shall keep the Department Contract Manager up to date on all aspects of the
Proi ect.
Should additional costs be involved which are not covered within the Contract Specifications. a
Unit Cost shall be agreed upon. a Change Order to the Work Order completed by the Contractor
and their subcontractor prior to performing additional services. Any such changes which result
in an increase in Proiect cost must be addressed through an amendment to this Contract prior to
commencement of such work.
The Contractor and their subcontractor shall communicate frequently and maintain a working
schedule after the Notice To Proceed has been issued. The written schedule is required to be
kept current with the progress of the work. Should the schedule be changed. it shall be
immediately up-dated.
During the term of the Contract, the Contractor shall be required to attend weekly progress
meetings with their subcontractor. unless otherwise specified by the Contractor's Contract
Manager. The subcontractor shall record notes and type minutes of the progress meeting and
also attend other special meetings that the Contractor requires.
The subcontractor shall provide all materials. labor. equipment. mobilization/demobilization. any
other necessary effort. element and/or component(s) needed to complete the work in its entirety
per plans and at the Bid Price submitted.
On a twenty-four (24) hour basis. the subcontractor may be required to travel to the site
immediately to meet with the Contractor. law enforcement or emergency personnel to resolve an
emergency. The subcontractor shall respond to a telephone. beeper. or radio call within one (1)
hour. There shall be no additional charge for these responses.
The disposal of all debris and construction litter must be at a proper landfill or disposal site. All
disposal fees. tipping or charges are to be included in the Bid Price submitted.
Maintenance of Traffic is solely the responsibility of the subcontractor and is to be placed prior
to construction. Should the subcontractor not place and/or properly maintained the Maintenance
of Traffic (M.O.T.) the subcontractor's Proiect Manager will require the Proiect work to cease
until the proper M.O.T. has been placed and/or maintained.
The subcontractor shall com{>ly with the requirements of Collier County's Maintenance of
Traffic (M.O.T.) Policy copies of which are available through the Risk Management or
Purchasing Department. The subcontractor shall obtain and review the Collier County M.O.T.
Policy Requirements and shall comply with these during construction.
This Proiect will require a Performance and/or Payment Bond by the subcontractor and it shall
be submitted prior to commencement.
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Utility locates shall be conducted {>rior to commencement of work. Soft digging. pot holing
and/or any commonly approved method at the subcontractor's discretion may be used to locate
existing utilities.
Permitting
The subcontractor shall fill out. sign. and date a Notice of Intent to Use Generic Permit for
Stormwater Discharge from Large and Small Construction Activities. (F.D.E.P. Form 62 -
621.300(4)(b)). Submit the signed copy of the N.O.I. to the County. The Contractor shall submit
the completed form to the Florida Department of Environmental Protection along with the
required permit fee and a copy of the form to Collier County Engineering Services Department.
Daily Logs
The subcontractor shall complete and submit to the Contractor on a weekly basis a Daily Log
documenting the subcontractor's activities at the Proiect site such as:
1. Soil or weather conditions which adversely affect the work;
2. Daily iob site hours of operation;
3. Number of subcontractor's and subcontractor's personnel present and working at the
proiect site;
4. Equipment on the proiect site;
5. Work description being preformed;
6. Materials received;
7. List of visitors; and.
8. Any problems that might impact either the cost or quality of the work or the time of
performance.
The Contractor will be responsible for the services to be performed by their subcontractor as well
as to serve as the Proiect Administrator. The following Proiect Administration services shall be
performed by the Contractor:
. The Contractor shall be responsible for providing construction proiect management for
the Proiect pursuant to the Department Permits.
. The Contractor shall fully administer the services set forth above as well as any
additional anticipated services. design and permitting.
. This is a time sensitive proiect and the Contractor shall ensure that the Proiect is
completed by June 30. 2009.
The Contractor shall submit invoices to the Department Countv upon completion of each task.
All invoices are to be paid on satisfactory completion of those tasks.
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A TT ACHMENT B
Contract Payment Requirements
Florida Department of Financial Services. Reference Guide for State Expenditures (January
2005)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary. travel. expenses. etc.) Supporting documentation must be
provided for each amount for which reimbursement is being claimed indicating that the item has
been paid. Check numbers may be provided in lieu of co{>ies of acttual checks. Each piece of
documentation should clearly reflect the dates of service. Only expenditures for categories in the
approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(l) Salaries: A payroll register or similar documentation should be submitted. The
payroll register should show gross salary charges. fringe benefits. other
deductions and net pay. If an individual for whom reimbursement is being
claimed is paid by the hour. a document reflecting the hours worked times
the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid
on behalf of the employee (e.g.. insurance premiums paid). If the contract
specifically states that fringe benefits will be based on a specified
percentage rather than the actual cost of fringe benefits. then the
calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to
{>rovide check numbers or copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061.
Florida Statutes. which includes submission of the claim on the approved
State travel voucher or electronic means.
8-) Other direct costs:Reimbursement will be made based on paid invoices/receipts. If
nonexpendable property is purchased using State funds. the contract
should include a provision for the transfer of the property to the State
when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017.
Florida Administrative Code. regarding the requirements for contracts
which include services and that provide for the contractor to purchase
tangible personal property as defined in Section 273.02. Florida Statutes.
for subsequent transfer to the State.
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(5) In-house charges: Charges which may be of an internal nature (e.g.. postage. copies. etc.)
may be reimbursed on a usage log which shows the units times the rate
being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified
rate. then the calculation should be shown.
The Florida Department of Financial Services. Reference Guide to State Expenditures (January.
2005) can be found at the following web address:
http://www.fldfs.com/aadir/reference%5F guide/.
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ATTACHMENT C
All contracts awarded by a recipient, including small purchases, shall contain the following
provisions as applicable:
L Equal Employment Opportunity - All contracts shall contain a provision requiring
compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as
amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor. "
2.. Copeland "Anti-Kickback" Act (18 V.S.c. 874 and 40 V.S.C. 276c) - All contracts
and sub grants in excess of $2000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland "Anti-
Kickback" Act (18 US.c. 874), as supplemented by Department of Labor regulations (29
CFR part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. The recipient shall
report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 V.S.C. 276a to a-7) - When required by Federal
program legislation, all construction contracts awarded by the recipients and
subrecipients of more than $2000 shall include a provision for compliance with the
Davis-Bacon Act (40 US.c. 276a to a-7) and as supplemented by Department of Labor
regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction"). Under this Act, contractors
shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week. The
recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned
upon the acceptance of the wage determination. The recipient shall report all suspected or
reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 V.S.c. 327-333) - Where
applicable, all contracts awarded by recipients in excess of $2000 for construction
contracts and in excess of $2500 for other contracts that involve the employment of
mechanics or laborers shall include a provision for compliance with Sections 102 and 107
of the Contract Work Hours and Safety Standards Act (40 US.c. 327-333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of
the Act, each contractor shall be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less
than 1 Yz times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that
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no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements
for the performance of experimental, developmental, or research work shall provide for
the rights of the Federal Government and the recipient in any resulting invention in
accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
6. Clean Air Act (42 U.S.c. 7401 et seq.) and the Federal Water Pollution Control Act,
as amended (33 D.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of
$100,000 shall contain a provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
US.c. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.c.
1251 et seq.). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EP A).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for
an award of $100,000 or more shall file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 US.c. 1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to
parties listed on the General Services Administration's List of Parties Excluded from
Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and
12689, "Debarment and Suspension." This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared ineligible under
statutory or regulatory authority other than E.O. 12549. Contractors with awards that
exceed the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.c.
1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) -
Contracts and sub grants of amounts in excess of $100,000 shall contain a provision that
requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as
amended (33 US.c. 1368) and Section 1424(e) of the Safe Drinking Water Act (42
U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
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10. Compliance with all Federal statutes relating to nondiscrimination - These include
but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which
prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of
1973, as amended (29 US.C. 795), which prohibits discrimination on the basis of
handicaps; (c) the Age Discrimination Act of 1975, as amended (42 US.c. 6101-6107),
which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527
of the Public Health Service Act of 1912 (42 US.c. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 US.c. 3601 et seq.), as amended, relating to
nondiscrimination III the sale, rental or financing of housing; (h) any other
nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of
any other nondiscrimination statute(s) that may apply.
1l. Compliance with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that
provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs. These requirements apply
to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.c. 1501 - 1508 and 7324 -
7328) that limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Compliance, if applicable, with flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
14. Compliance with environmental standards which may be prescribed to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b)
notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands
pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with
E.O. 11988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972 (16 US.c. 1451 et
seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 US.c. 7401 et seq.);
(g) protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended (PL. 93-523); and (h) protection of endangered species under
the Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 D.S.C. 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
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16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.c. 470), E.O. 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
469a-l et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.c. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this
Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. 4801 et
seq.) that prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency
that are contained in the State energy conservation plan issued in accordance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
2l. Compliance with the Drug Free Workplace Act. The recipient shall comply with the
provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec.
5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41
US.c. 9 702) and DoC Implementing regulations published at 43 CFR Part 43,
"Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)"
published in the Federal Register on November 26, 2003, 68 FR 66534), which require
that the recipient take steps to provide a drug-free workplace.
22. Compliance with the Buy American Act (41 U.S.c. 10a-l0c) By accepting funds
under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act
of March 3, 1933, popularly known as the "Buy American Act." The Grantee should
review the provisions of the Act to ensure that expenditures made under this Agreement
are in accordance with it. It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made available under this
Agreement should be American-made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175)
By accepting funds under this Agreement, the Grantee agrees to implement the
requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
22
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ATTACHMENT D
REGULATIONS
Formal regulations conceming administrative procedures for Department of Interior (DOl) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOl
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbying
43 C.F.R. 43 Governmentwide requirements for drug-free workplace
Other Federal Regulations
2 C.F .R. 1400 Suspension and Debarment
48 C.F.R. 31 Contract Cost Principles and Procedures
Office of Manaeement and Budeet Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ATTACHMENT E
Approved by OMB
0348-
0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this fonn to disclose lobbying activities pursuant to 31 US.c. 1352
(See reverse for public burden disclosure.)
l. Type ofl<'ederal Action: 2. Status of Federal Action: 3. Report Type:
D a. contract D a. bid/offer/application D a. initial filing
b grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date oflast report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
o Prime o Subawardee
Tier , if known:
Congressional District, ifknown: Congressional District. ifknown:
6. Federal Department! Agency: 7. Federal Program NamelDescription:
CFDA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual. last name, first name. MI): differentfrom No. IDa)
(last name, first name. MI):
(attach Continuation Sheet(s) SF-LLL-A. if necessary)
11. Information requested through this form is authorized by title 31 U.S.c. Signature:
section 1352. This disclosure of lobbying activities is a material Print Name:
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.c. 1352. This information will be reported to Title:
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only: Authorized for Local Reproduction
Standard F onn - LLL (Rev 7 - 97)
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING
ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub awardee or
prime Federal recipient, at the initiation or receipt of a covered Federal action, or a
material change to a previous filing, pursuant to title 31 D.S.C. section 1352. The filing of a
form is required for each payment or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with a covered Federal action. Complete all items that apply for both the
initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or
has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report
caused by a material change to the information previously reported, enter the
year and quarter in which the change occurred. Enter the date of the last
previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity.
Include Congressional District, if known. Check the appropriate classification of
the reporting entity that designates if it is or expects to be, a prime or subaward
recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the
prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Sub awardee", then enter
the full name, address, city, state and zip code of the prime Federal recipient.
Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment.
Include at least one organizational level below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action
(item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA)
number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal
action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation
for Bid (IFB) number; grant announcement number; the contract, grant, or loan
25
10;6
award number; the application/proposal control number assigned by the Federal
agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment
by the Federal agency, enter the Federal amount of the award/loan commitment
for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity
engaged by the reporting entity identified in item 4 to influence the covered
Federal action.
(b) Enter the full names of the individual(s) performing services, and include full
address if different from 10 (a). Enter Last Name, First Name, and Middle
Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and
telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
04-COA-041309
26