Appendix_4_-_Special_Notices.pdf

PDF 1 MB Posted Apr 30, 2024

Attached to: ARPA Stormwater Starkey Facility M10 Modification (PID 003900A) (Rebid)
Solicitation number: 24-0692-ITB-C
Issued by: Pinellas County, Clewiston City, Florida

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Written by GovTribe AI · Jun 28, 2025

Appendix 4 - Special Notices is a document related to the Stormwater Starkey Facility M10 Modification project issued by Pinellas County, Florida. The document provides critical notifications for contractors, including updates to permit plans, plan sheet modifications, and specific instructions for handling unsuitable materials, private road usage, and soil disposal. The project involves construction and modification of a stormwater facility, with specific requirements for excavation, grading, and environmental compliance. Contractors are advised that the FDEP permit plans are for permitting purposes only and not for construction development, and plan sheet 32-R1 supersedes the original plan sheet 32.

The document includes specific technical and procedural requirements, such as notifying the Pinellas County Solid Waste Environmental Specialist 72 hours prior to soil disposal and demonstrating compliance with the SW-846 Test Method 9095B: Paint Filter Liquids Test. There are five geotechnical reports included in Appendix 6, with a supplemental soil sampling report dated March 18, 2024, partially superseding an earlier report from March 24, 2020. The project is partially funded by the Southwest Florida Water Management District (SWFWMD), which requires the contractor to comply with specific terms, including efforts to include minority and women-owned small business enterprises in the project and reporting on their participation.

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ARPA_Stormwater_Starkey_Facility_M10_Modification_(PID_003900A)_(Rebid).pdf	PDF	May 3, 2024
Appendix_6-Intertek_PSI_Geotechnical_Engineering_Services_Report-3-29-2019.pdf	PDF	Apr 30, 2024
Appendix_1_-_Permits.pdf	PDF	Apr 30, 2024
Appendix_6-Tierra_Geotechnical_Engineering_Services_Report-4-7-2022.pdf	PDF	Apr 30, 2024
Appendix_6-Geosyntec_Geotechnical_Evaluation-4-17-2020.pdf	PDF	Apr 30, 2024
SBE_Compliance_Form.pdf	PDF	Apr 30, 2024
Sample_Agreement-24-0692.pdf	PDF	Apr 30, 2024
Appendix_6-Geosyntec_Soil_Characterization_Testing_Results_Summary-3-24-2020.pdf	PDF	Apr 30, 2024
Appendix_6-Geosyntec_Supplemental_Soil_Sampling_Results_Summary-3-18-2024.pdf	PDF	Apr 30, 2024
FINAL_PLANS_2024-02.pdf	PDF	Apr 30, 2024
Final_Plan_Sheet_32_REVISED_.pdf	PDF	Apr 30, 2024
Pricing_Proposal-24-0692(reference_only).pdf	PDF	Apr 30, 2024
Supplemental_Specifications.pdf	PDF	Apr 30, 2024
Performance_and_Payment_Bonds.pdf	PDF	Apr 30, 2024
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APPENDIX 4 - SPECIAL NOTICES

P.I.D 003900A

Stormwater Starkey Facility M10 Modification (Rebid)

In Pinellas County, Florida

NOTICES TO CONTRACTOR

FDEP PERMIT PLANS

The signed and sealed 90% plan set included in the FDEP permit located in Appendix 1 is for permitting purposes only. It is not to be used for construction development.

PLANS

Plan sheet 32-R1 supersedes and replaces plan sheet 32.

UNSUITABLE MATERIAL

Payment for the removal and disposal of unsuitable material is not included in the pay item for Grading. Removal and disposal of unsuitable material shall be paid for under 120-1210 Excavation, Pond M10 and 6C. The fine grading of the retention ponds and the surrounding area within the project limits, including any remaining unsuitable soils, will be paid for under 120-1100, Grading.

PRIVATE ROAD UTILIZATION

The County does not authorize the Contractor to use the private road Tall Pines Drive as a hauling route.

DISPOSING SOILS AT PINELLAS COUNTY SOLID WASTE FACILITY

The Contractor shall notify the Pinellas County Solid Waste Environmental Specialist at 727-464-7728, 72 hours prior to delivery of soils that will be disposed. The Contractor shall demonstrate that all soils have passed the SW-846 Test Method 9095B: Paint Filter Liquids Test.

GEOTECHNICAL REPORTS

There are five (5) Geotechnical reports in Appendix 6. The Geosyntec Supplemental Soil Sampling Results Summary dated March 18, 2024 partially supersedes the Geosyntec Soil Characterization Testing Results Summary dated March 24, 2020.

• Intertek PSI Geotechnical Engineering Services Report Jan. 30, 2019 (revised March 29, 2019)

• Geosyntec Soil Characterization Testing Results Summary March 24, 2020 (partially superseded by the March 18, 2024 report)

• Geosyntec Geotechnical Evaluation April 17, 2020

• Tierra Geotechnical Engineering Services Report April 7, 2022

• Geosyntec Supplemental Soil Sampling Results Summary March 18, 2024

GRANT REQUIREMENTS

ADDITIONAL INSURANCE REQUIREMENT: The contractor shall name the County and SWFWMD as additional insured per the insurance requirements set forth in Section 6 of the Invitation to Bid.

ADDITIONAL INDEMNIFICATION REQUIREMENT: The contractor shall indemnify the County and SWFWMD as set forth in Section 4.17 of the Agreement as part of the Invitation to Bid.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD):

This project is partially funded by SWFWMD. The attention of prospective bidders is directed to the fact that this project contains a Cooperative Funding Initiative Project Agreement with SWFWMD, also know as the District. The Contractor must comply with all terms and conditions of the SWFWMD Agreement, that apply to the Contractor. The Agreement is provided in Exhibit D of this Appendix 4 - Special Notices document. Also attached, is the SWFWMD letter dated 02/21/2023 (Exhibit E) approving the schedule revision. The following information consists of highlighted portions of the SWFWMD Agreement, however, it is not an all-inclusive list of the terms and conditions.

The District is committed to supplier diversity in the performance of all contracts associated with District cooperatively funded projects. The Contractor is encouraged to make good faith efforts to include participation of minority and women-owned and small business enterprises as prime contractors and subcontractors, in accordance with applicable laws. This participation shall be reported, upon completion of the construction work for this project, via the SWFWMD Agreement Attachment No. 2. All other SWFWMD Agreement exhibits and attachments are not applicable to the Contractor.

Diversity in Contracting and Subcontracting: The contractor shall comply with section 18.2 of the Southwest Florida Water Management District (SWFWMD) grant. Upon completion of the construction work for this project, the County will ask the Contractor to provide a report titled “MINORITY/WOMEN OWNED AND SMALL BUSINESS UTILIZATION REPORT”. This report, located in Attachment 2 of SWFWMD Agreement (Exhibit D), shall be filled out by the Contractor indicating all contractors and subcontractors who performed work on this project, and the amount spent with each, and whether each was a minority owned or women owned or small business enterprise. If no minority owned or woman owned or small business enterprises were utilized, the report shall so indicate. There is no minimum requirement or quota for utilization of these enterprises. When requested by the County, the contractor shall provide said report to the County within two (2) weeks after it is requested.

AMERICAN RESCUE PLAN ACT (ARPA):

Services may be funded by federal grant funds including ARPA. To comply with American Rescue Plan Act (ARPA) federal grant regulations, please reference Appendix 4 – Special Notices Exhibit A, B and C. Davis-Bacon Act language stated in Exhibit A included in this Notice is applicable.

DOC 354749

CONTRACT PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS

BID NUMBER: 24-0692-ITB

BID OR PROPOSAL TITLE: ARPA Stormwater Starkey Facility M10 Modification (Rebid)

This solicitation is either fully or partially funded with federal funds from the Coronavirus Local Fiscal Recovery Funds made available under the American Rescue Plan Act (ARPA). In addition to other terms and conditions required by Pinellas County and the applicable federal agency, all contracts awarded to the qualified bidder are subject to the following provisions, as applicable to the services provided.

Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

If this contract meets the definition of a “federally assisted construction contract”, during the performance of this contract, the Contractor agrees as follows:

(1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

Exhibit A

(4) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor.

Davis-Bacon Act as amended (40 U.S.C. 3141-3148): When required by federal program legislation, for all prime construction contracts awarded in excess of $2,000, Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. If the applicable grant award contains Davis-Bacon provisions, the County will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination [Appendix II to 2 CFR Part 200].

Copeland Anti Kick Back Act: If Davis-Bacon is applicable, CONTRACTOR shall also comply with all the requirements of 29 CFR Part 3 which are incorporated by reference to this contract. Contractors are 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 or she is otherwise entitled [Appendix II to 2 CFR Part 200].

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708): Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.

3702 of the Act, each CONTRACTOR is 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 one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must 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 [Appendix II to 2 CFR Part 200].

Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387): As amended—The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251–1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) [Appendix II to 2 CFR Part 200].

Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. If applicable, the CONTRACTOR must verify that none of their subcontractors (for contracts expected to equal or exceed $25,000), appear on the federal government’s Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov [Appendix II to 2 CFR Part 200].

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): CONTRACTORs that apply or bid for an award exceeding $100,000 must submit a completed “Disclosure of Lobbying Activities” [Form SF-LLL]. 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 must 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 non-federal award. [Appendix II to 2 CFR Part 200]. The bidder shall complete Form SF-LLL and submit with bid. Bidders may be deemed nonresponsive for failure to submit this certification.

Conflict of Interest [2 CFR §200.112]: The CONTRACTOR must disclose in writing any potential conflict of interest to the Federal awarding agency or COUNTY in accordance with applicable Federal awarding agency policy.

Mandatory Disclosures [2 CFR §200.113]: The CONTRACTOR must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.339 - Remedies for noncompliance, including suspension or debarment.

Certifications and representations. [2 CFR § 200.209]

Unless prohibited by the U.S. Constitution, Federal statutes or regulations, CONTRACTOR may be required to submit certifications and representations required by this agreement, Federal statutes, or regulations on an annual basis. Submission may be required more frequently if the CONTRACTOR fails to meet a requirement of these provisions for contracts under federal awards.

Protected Personally Identifiable Information (Protected PII) [CFR §200.303(e)]:

The CONTRACTOR must take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or COUNTY designates as sensitive or the County considers sensitive consistent with other applicable federal, state, and local laws regarding privacy and obligations of confidentiality. Per 2 CFR § 200.82, Protected PII means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts. This does not include PII that is required by law to be disclosed.

Prohibition on utilization of time and material type contracts [2 CFR §200.318 (j) (1)]: The COUNTY will not award contracts based on a time and material basis if the contract contains federal funding.

Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms [2 CFR § 200.321]: If using subcontractors, the CONTRACTOR must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

(6) Affirmative Action Requirements per 41 CFR 60-4.1 Goals for Women and Minorities in Construction (for contracts in excess of $10,000): Goals and timetables for minority and female utilization may be set which shall be based on appropriate workforce, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographical areas. The goals, which shall be applicable to each construction trade in a covered Contractor's or subcontractor's entire workforce which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.

Information regarding certified M/WBE firms can be obtained from:

• Florida Department of Management Services (Office of Supplier Diversity);

• Florida Department of Transportation;

• Minority Business Development Center in most large cities; and

• Local Government M/DBE programs in many large counties and cities.

Domestic preferences for procurements. [2 CFR § 200.322]

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Procurement of Recovered Materials [2 CFR §200.323]: CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;

procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Prohibition on utilization of cost plus a percentage of cost contracts [2 CFR §200.324 (d)]: The COUNTY will not award contracts containing federal funding on a cost plus percentage of cost basis.

Retention of Records [2 CFR 200.334]: Financial records, supporting documents, statistical records, and all other records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or invoice.

Record retention may be required to be longer if any of the provisions of 2 CFR 200.334(a)-(f) apply.

Access to Records [2 CFR 200 § 200.337]: The County, Pass-through agency or Federal awarding agency have the right of timely and unrestricted access to any documents, papers or other records, including electronic records, of the CONTRACTOR which are pertinent to the Federal award in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents.

This right also includes timely and reasonable access to the CONTRACTOR’S personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are required to be retained.

Remedies for noncompliance. [2 CFR § 200.339]

If CONTRACTOR fails to comply with the U.S. Constitution, Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or COUNTY may impose additional conditions, as described in 2 CFR § 200.208. If the Federal awarding agency or COUNTY determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or COUNTY may take one or more of the following actions, as appropriate in the circumstances:

(a) Temporarily withhold cash payments pending correction of the deficiency by the CONTRACTOR or more severe enforcement action by the Federal awarding agency or

COUNTY.

(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.

(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of the COUNTY, recommend such a proceeding be initiated by a Federal awarding agency).

(e) Take other remedies that may be legally available.

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AGREEMENT NO. 22CF0003715

Southwest Florida Water Management District

Cooperative Funding Initiative (CFI) Project Agreement (Type 1-3)

This Agreement, including any exhibits referenced, attached, or incorporated herein (Agreement) is entered into by and between the Southwest Florida Water Management District (District), 2379 Broad Street, Brooksville, Florida 34604, and the Cooperator named below.

Funding/Agreement Information

Effective Date: 10/1/2021 Expiration Date: 06/21/2025 Type/Risk Level (1-3): Type 2 O&M Expiration Date:

Anticipated Total Project Cost: $648,000

Multi-Year Funded Project: No

District’s Maximum Share: $324,000

Funding Approved:

FY: 2022 $324,000

District Funding:

50%

State Funding: No CSFA #: Title:

Federal Funding: No CFDA #: Title:

Cooperator’s Total Share: $324,000 Land Acquisition Cost: No Third Party Review: No Conservation Easement: No

Party Contacts District Contract Manager

Name: RJ Dowling, Professional Engineer Address: 7601 U.S. 301 North (Fort King Highway)

Tampa, Florida 33637 Phone: 1-800-423-1476 x4739 Email: robert.dowling@swfwmd.state.fl.us

Cooperator Project Manager Name: Victoria Preston

Address: 14 S. Fort Harrison Avenue Clearwater, Florida 33756

Phone: 7274643687 Email: vpreston@pinellascounty.org

Project Information Cooperator Name: Pinellas County Cooperator Address: 14 S. Fort Harrison Avenue

Clearwater, Florida 33756 Project Number: W106 Project Name: Starkey M10 Stormwater Facility Quality Improvements Entity Type: Public

Project Description:

This Project consists of construction of a stormwater pond and modification of an existing stormwater system to improve water quality discharging to Boca Ciega Bay within the Tampa Bay watershed, a SWIM priority water body.

Electronic Signature: Yes

DocuSign Envelope ID: 01921BA3-9E95-4CF5-8931-497ADC112CA2

EXHIBIT D

The Parties agree to comply with the terms and conditions of the following checked exhibits and attachments, which are incorporated herein by reference:

X Exhibit A - CFI Standard Terms and Conditions (Public Cooperator) Exhibit A - CFI Standard Terms and Conditions (Private Cooperator) Exhibit B - CFI Special Terms and Conditions – Standard Construction, Restoration, or Conservation with Construction

X Exhibit B - CFI Special Terms and Conditions – Construction (Water Quality/Flood Protection) Exhibit B - CFI Special Terms and Conditions – Construction (Reclaimed Water) Exhibit B - CFI Special Terms and Conditions – Construction (Aquifer Storage & Recovery and Recharge) Exhibit B - CFI Special Terms and Conditions – Non-Construction (Study, Conservation, Watershed Management Plan, or Third-Party Review {design only}) Exhibit B - CFI Special Terms and Conditions – Construction/Non-Construction (Septic to Sewer)

X Exhibit C - Project Plan Exhibit D - State Funding Terms and Conditions Exhibit E - Federal Funding Terms and Conditions Exhibit F - Special Audit Requirements Exhibit G - Miscellaneous Additional Exhibits (if necessary)

X Attachment 1 - Contingency Funds Justification Form X Attachment 2 - Minority/Women Owned and Small Business Utilization Report Form

Attachment 3 - Sample Conservation Easement X Attachment 4 - Cooperative Funding Agreement Checklist

Additional Attachments (if necessary)

IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below.

Southwest Florida Water Management District

By:

Name: Date:

Title:

Pinellas County

By:

Name: Date:

Title:

Attest:

By:________________________________________ Deputy Clerk

Approved as to Form and Content:

By:________________________________________ County Attorney (Designee)

Charlie Justice Chairman

April 13, 2022

DocuSign Envelope ID: 01921BA3-9E95-4CF5-8931-497ADC112CA2

Amanda Rice

Assistant Executive Director

04/14/2022

Exhibit A

Southwest Florida Water Management District Standard Terms and Conditions

Public Cooperator

1. Project Contacts and Notices.

The individuals identified in the CFI Project Agreement are the prime contacts for matters relating to this Agreement. Each party shall provide notice to the other party of any changes to the prime contact information. All notices under this Agreement shall be in writing to the other party’s prime contact and shall be sent by email or overnight mail, except for cure and default notices which shall be sent by certified mail. Unless otherwise indicated in this Agreement, reports may be provided by email. Notices and reports are effective upon receipt. Any notice or report delivered by email shall request a receipt thereof confirmed by email or in writing by the recipient and the effective date shall be the date of receipt, provided such receipt has been confirmed by the recipient.

2. Contact Authority.

The Cooperator’s Project Manager is authorized to affirm the invoice certification required by this Agreement. The District’s Contract Manager is authorized to approve requests to extend a Project task deadline or to adjust a line item amount of the Project Budget. The District’s Contract Manager is not authorized to approve any time extension that will extend a Project task beyond the expiration date of this Agreement or which will result in a change to the total Project cost or the parties’ funding shares as identified in the CFI Project Agreement. Changes authorized by this Paragraph do not require a formal written amendment but must be in writing and signed in accordance with each party’s signature authority.

3. Agreement Term.

The effective date of this Agreement is identified in the CFI Project Agreement. The expiration date is the date identified in the CFI Project Agreement, or upon the satisfactory completion of the Project and subsequent final reimbursement to the Cooperator, whichever occurs first. If Exhibit B requires the Cooperator to operate and maintain the Project after its completion, the operation and maintenance obligation shall survive the above-referenced expiration date for 20 years, beginning on the date provided in Exhibit B. The Cooperator is not eligible for reimbursement for any Project work conducted or costs incurred prior to the effective date of this Agreement.

4. Scope of Work.

The Cooperator shall perform the services necessary to complete the Project in accordance with Exhibit C, the Project Plan. The Cooperator shall commence and complete Project tasks in accordance with the Project Schedule, including any properly authorized extensions of time. Time is of the essence in the performance of each obligation under this Agreement. The Cooperator shall promptly advise the District of issues that arise that may impact the successful and timely completion of the Project. The Cooperator shall be solely responsible for managing and controlling the Project and its operation and maintenance, including the engagement and supervision of any consultants or contractors.

5. Funding.

The anticipated total cost of the Project is identified in the CFI Project Agreement. The District’s maximum funding share is identified in the CFI Project Agreement, subject to Paragraph 6 below. The Cooperator shall provide all remaining funds necessary for the satisfactory completion of the Project.

Any state or federal appropriations or grant funds received by the Cooperator for the Project will be applied to reduce each party’s share in accordance with their respective funding percentages as described in the CFI Project Agreement. If the District is a recipient of state or federal appropriations or grant funds for the Project, the District’s reimbursement obligation of such funding amounts is contingent upon the District’s receipt of such funds.

Reimbursement for expenditures of contingency funds is contingent upon the District’s approval and determination, in its sole discretion, that the expenditures were necessary to achieve the resource benefit of the Project and were not in excess of what was reasonably necessary to complete the Project. The term “contingency funds” shall include funds that are allocated for unanticipated or extra work needed to the complete the Project. Items not considered for reimbursement include those unrelated to the resource benefit or resulting from design errors and defects in the work. The Cooperator may submit up to 5% of the anticipated total cost of the Project for contingency reimbursement. The District’s total reimbursement obligation of contingency expenses is limited to its funding percentage identified in CFI Project Agreement. If an invoice includes expenditures of contingency funds, the Cooperator shall complete and submit the Contingency Funds Justification Form exhibit to explain the basis of each line item expenditure.

The Cooperator shall evaluate the cost benefit of utilizing owner direct purchases for the Project and shall advise the District as to the reason the Cooperator did or did not choose to utilize owner direct purchase for major Project components.

Costs associated with in-kind services provided by the Cooperator are not reimbursable by the District and may not be included in the Cooperator’s share of Project funding.

Unless otherwise indicated in this Agreement, the District shall withhold a retainage of 10% of its funding share until all submittals and deliverables required by this Agreement have been provided and the District’s Contract Manager verifies their compliance with this Agreement.

If the Project Plan requires the District to contract with a consultant to perform a third-party review of the 30% design package:

5.7.1. The District shall withhold reimbursement of the costs associated with the 30% design package in an amount equivalent to half the cost of the third-party review.

5.7.2. The District has the right to terminate this Agreement without further payment obligation at the option of the District Governing Board, in its sole discretion, after being presented with the third-party review. If the Board decides to terminate this Agreement, the District shall not be obligated to reimburse the Cooperator for any post-30% design work.

6. Funding Contingency.

The District’s performance and payment pursuant to this Agreement are contingent upon the District’s Governing Board appropriating funds in its approved budget for the Project in each fiscal year of this Agreement. The District’s funding percentage is subject to change due to subsequent Governing Board approvals. However, once funds are appropriated for the Project in a given fiscal year and the Cooperator has expended allowable Project costs, the appropriated amount will not be reduced. If the District does not approve additional funds needed for the Project in a future fiscal year, the District is obligated to reimburse its share of Cooperator expenses incurred in the amount of funds the District appropriated as of the date of the District’s non-appropriation. In this event, the District and the Cooperator, by mutual agreement, may reduce the Project scope. The Cooperator’s performance and payment pursuant to this Agreement are contingent on the Cooperator’s governing body or the Florida Legislature, as applicable, lawfully appropriating legally available funds.

7. Invoice and Payment.

The District shall reimburse the Cooperator for its share of allowable Project costs in accordance with the Project Budget, subject to its right to withhold funds as provided in this Agreement; however, at no point in time will the District’s expenditure amounts under this Agreement exceed the District’s funding percentage identified in the CFI Project Agreement.

Each invoice must include the following certification:

"I certify that the costs requested for reimbursement and the Cooperator’s matching funds are directly related to the performance under the Agreement between the Southwest Florida Water Management District and the Cooperator (Agreement No.

____________), are allowable, allocable, properly documented, and are in accordance with the approved Project Budget. This invoice includes $__ of contingency funds expenditures.”

If the invoice includes the use of federal or state appropriations or grant funds, the certification must also include the following sentence:

“The Cooperator received a total of $__ in federal and state appropriations or grant monies for the Project and $__ has been allocated to this invoice, reducing the District’s and Cooperator’s share of this invoice to $__ / $__ respectively."

With the exception of the payment of contingency funds, the District shall reimburse the Cooperator within 45 days of receipt of an invoice with adequate supporting documentation to satisfy auditing purposes and submitted in the manner prescribed by this Agreement. The District shall reimburse the Cooperator for expenditures of contingency funds within a reasonable time to accommodate the process provided for in Subparagraph 5.3. The Cooperator shall submit original invoices to the District every 3 months electronically at invoices@WaterMatters.org. If the Cooperator does not have the capability to submit invoices electronically, the invoices may be mailed to the Accounts Payable Section, Southwest Florida Water Management District, Post Office Box 15436, Brooksville, Florida 34604-5436. Copies of invoices may also be submitted to the District’s Contract Manager to expedite the review process.

Any travel expenses authorized under this Agreement will be reimbursed in accordance with Section 112.061, Florida Statutes (F.S.), as may be amended from time to time.

Surcharges added to third party invoices are not considered an allowable cost under this Agreement.

The Cooperator shall comply with applicable procurement laws when procuring consultants and contractors to accomplish the Project.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Jun 27, 2025.