Fort Walton Beach Resolution — 2023-03 Accepting Grant Funding for Martisa Road Stromwater Project — reading text

constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 06/ 21/ 2022  STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LPA0292 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is City of Fort Walton Beach —Stormwater Improvements on Martisa Road NW. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2022 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicin&. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category Salaries/ Wages Overhead/ Indirect/General and Administrative Costs: a. Fringe Benefits, N/A. b. Indirect Costs, N/A. Contractual ( Subcontractors) Travel, in accordance with Section 112, F. S. Equipment Rental/ Lease of Equipment Miscellaneous/ Other Expenses Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 3 Rev. 10/ 6/ 2022 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee' s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $ 250,000 for each occurrence and $ 500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee' s duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: 200, 000/ 300, 000 Automobile Liability for Company -Owned Vehicles, if applicable 200, 000/ 300, 000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer' s Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F. S. and employer liability coverage with minimum limits of $100,000 per accident, $ 100, 000 per person, and $ 500, 000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department' s Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State- owned Land. The work will not be performed on State- owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor' s Office of Policy and Budget ( OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee' s project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi laspbs.state.fl.us, and a copy shall also e be submitted to the Department at legislativeaffairsnfloridaDEP. gov. 14. Common Carrier. a. Applicable to contracts with a common carrier —firm/person/ corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section Attachment 2 2 of 3 Rev. 10/ 6/ 2022  908. 111( 1)( a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier —Before contract execution, the winning Contractor( s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U. S. C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. None. Attachment 2 3 of 3 Rev. 10/ 6/ 2022  ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Fort Walton Beach —Stormwater Improvements on Martisa Road NW PROJECT LOCATION The Project will be located in the City of Fort Walton Beach within Okaloosa County; Lat/Long ( 30.4190, - 86. 6279). PROJECT BACKGROUND: The City of Fort Walton Beach ( Grantee) completed a Stormwater Master Plan in December 2013 to identify and prioritize areas throughout the City experiencing flooding and/ or water quality issues. The area along Martisa Road NW was identified in the Stormwater Master Plan as Priority Area No. 67 with the project including the replacement of approximately 800 linear feet of failing corrugated metal storm drain. Upon completion, the Project will reduce flooding and improve water quality in the Santa Rosa Sound. PROJECT DESCRIPTION: The Grantee will replace approximately 800 linear feet of failing corrugated metal pipe with concrete or high density polyethylene pipe. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Design and Permitting Deliverables: The Grantee will complete the design of the Martisa Road NW stormwater improvements and obtain all necessary permits for construction of the project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee' s Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department' s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department' s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2: Bidding and Contractor Selection Deliverables: The Grantee will prepare a bid package, publish a public notice, solicit bids, conduct pre- bid meetings, and respond to bid questions in accordance with the City' s procurement process, to select one or more qualified and licensed contractors to complete construction of the proposed stormwater improvements. Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor( s). Performance Standard: The Department' s Grant Manager will review the documentation to verify that the deliverables have been completed as described above.