Fort Walton Beach Council agenda — 01-11-05 - regular — reading text

administrative expertise required, identify individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection ( continuous or periodic), outline inspection procedures, and record keeping requirements. The QAP shall be submitted to NRCS for review and concurrence with the final draft plans and specifications. 11. Provide inspection in accordance with the QAP. 2 12. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of all pernlits, licenses, and other documents required by Federal, State, and local statutes and ordinances prior to solicitation for installation of the works of improvement. 13. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are incorporated into the proj ect. 14. Designate an individual to serve as liaison between the Sponsor and NRCS, listing his or her duties, responsibilities, and authorities. Furnish this information in writing to NRCS. 15. Ensure that all contracts for design and construction services will be procured in accordance with procedures prescribed in the Code of Florida and Federal regulations applicable to the Sponsor, including the provisions contained in Attachment B to this agreement. 16. Arrange for and conduct final inspection of the works of improvement. A Professional Engineer registered in the State of Florida furnished by the Sponsor shall certify that the project was installed in accordance with contractual requirements. 17. For structural measures, prepare and submit for approval an Operation and Maintenance Plan prior to completion of construction. Upon completion of the work from the Sponsor, assume responsibility for operation and maintenance of the works of improvement installed. 18. If needed, upon completion of emergency protection measures and the elimination of the threat, take action to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsor will not be eligible for future funding under the Emergency Watershed Protection program. 19. Provide final as- built drawings and quantities to NRCS. As- built drawings and quantities shall be certified by the engineer furnished by the Sponsor. The engineer furnished by the Sponsor shall certify final quantities. 20. Pay the contractor as provided in the contract( s). Submit billings for reimbursement to NRCS on Form SF- 270, Request for Advance or Reimbursement. 21. Administer their action under this agreement in accordance with 7 CFR 3015, 7 CFR 3016, OMB Circulars A- 102, A-87, A- 133, and other rules referenced in 7- CFR 3015. 22. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the Notice to Contracting Local Organizations of the Requirement for Certifications of Nonsegregated Facilities clause, FOrnl SCS- AS- 83, attached hereto as Attachment B. 23. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this agreement or resulting from the work provided for in this agreement. Retain all records dealing with the award and administration of contract( s) for 3 years from the date of the sponsor' s submission of the FINAL Request for Reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3- year period, the records are to be retained until the litigation is resolved or the end 3  of the 3- year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U. S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcripts. 24. Provide 100 percent of the costs of works of improvement not eligible for federal cost share. 25. Complete all required work under this agreement, including but not limited to construction of works of improvement, fmal inspection, payment of all contractors, submissions of as- builts and final quantities, etc. C. NRCS WILL: 1. Provide 75 percent of the cost of constructing the emergency watershed protection measures described in Section A. 2. Provide the value of the Sponsor in-kind contribution not to exceed 25 percent of the actual cost of constructing the emergency watershed described in protection measures Section A. 3. Assist Sponsor and Sponsor' s engineer establish design parameters and approve same as set forth in B. 8. 4. Not be substantially involved with the technical or contractual administration of this agreement, but will provide advice and counsel as needed. 5. Make payment to the Sponsor covering NRCS' s share of the cost, upon receipt and approval of Form SF- 270, Request for Advance or Reimbursement, with supporting documentation. 6. Upon notification of the completion of construction, NRCS shall promptly review the performance of Sponsor to detennine if it has met the requirements of this agreement and fund expenditures as agreed. 7. Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the liaison will be to review and concur with specifications and drawings for the DSR, assist in the fmal inspection of the works of improvement, certify along with the Sponsor' s Professional Engineer when all work has been completed according to the specifications and drawings, and review the SF- 270 and supporting documents, approve, sign, and submit the SF- 270 and supporting documents to NRCS for reimbursement to the Sponsor. 8. Review and comment on draft plans, specifications, and QAP as described in B. 9 and B.10. D. IT IS MUTUALLY AGREED.: 1. This agreement shall become null and void 90 calendar days after the date NRCS has executed this agreement if a solicitation for bids has not been publicly advertised or a contract has not been awarded. 4 2. This agreement shall be effective upon signature by NRCS. All work required under this agreement shall be in accordance with B .1. completed 3. That each party shall review, comment, and approve construction plans, specifications, and quality assurance plans as identified in Section B. 9, B. I0, and C. 8 of this agreement. 4. Upon notification from the Sponsor of the completion of construction, NRCS shall promptly review the performance of the Sponsor to determine if the requirements of this agreement have been met. 5. The furnishing of financial and other assistance by NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. 6. NRCS may terminate this agreement in whole or in part when it is detennined by NRCS that the Sponsors have failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accordance with the legal rights and liabilities ofNRCS and the Sponsors. 7. This agreement may be temporarily suspended by NRCS if it determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a tennination is pending. 8. Designated Liaisons may make adjustments to and between individual projects costs without amendment so long as the total estimated amount described in A of this agreement is not exceeded. 9. This Agreement may be executed in any number of counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Receipt of a facsimile signature ( followed promptly by an original executed counterpart) shall be deemed receipt of an original. 10.