CLIFF STEPHENS PARK STORMWATER RETROFITTING (UWA 11)
"
DEP CONTRACT NO. WM781
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AGREEMENT FOR CLIFF STEPHENS PARK
STORMW ATER RETROFITTING
(PROJECT UW A 11)
This Agreement is made and entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter referred to as the DEP, and the CITY OF
CLEARWATER, a local government, whose address is Public Works, Post Office Box 4748,
Clearwater, Florida 33758-4749, hereinafter referred to as the CONTRACTOR.
WITNESSETH:
WHEREAS, the DEP has received Section 319(h) (CFDA 66.460) grant funds from the U,S.
Environmental Protection Agency (EP A) for the implementation of water quality Nonpoint Source
(NPS) reduction and watershed restoration action strategies within the state; and,
WHEREAS, the DEP has identified a need to remove and dispose of sediments from the lake
bottom of Alligator Lake at Cliff Stephens Park, remove exotic vegetation and restore wetland
vegetation, and construct a sediment pump to collect and reduce future sediment deposits to the lake
bottom; and,
WHEREAS, the CONTRACTOR has the necessary expertise and has agreed to provide the
services to complete the project as planned, and as set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for other good and valuable consideration, the DEP agrees to employ the
CONTRACTOR and the CONTRACTOR agrees to perform all work described herein, or hereinafter
authorized, upon the terms and conditions stated.
SECTION I - SCOPE OF THE PROJECT
A. General Provisions
The CONTRACTOR shall perform the services and specific responsibilities as set forth in
Attachment A, entitled "Scope of Services", attached hereto and made a part hereof.
B. General Responsibilities of the CONTRACTOR
1, The CONTRACTOR agrees to perform all work under this Agreement in accordance with
this Agreement's designs, drawings and specifications,
2. The CONTRACTOR guarantees for a period of at least one year from the date of
substantial completion of the work that the completed work is free from all defects due to
faulty materials, equipment or workmanship and that he shall promptly make whatever
adjustments or corrections which may be necessary to cure such defects, including repairs
DEP Contract No. WM781, Page 1 of20
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of any damage to other parts of the system resulting from such defects. The DEP shall
promptly give notice to the CONTRACTOR of observed defects. In the event that the
CONTRACTOR fails to make adjustments, repairs, corrections or other work made
necessary by such defects, the DEP may do so and charge the CONTRACTOR the cost
incurred, The construction subcontractor's performance bond shall remain in full force and
effect through the guarantee period.
3, The DEP's or EPA's approval of drawings, designs, specifications, reports and incidental
work or materials furnished hereunder shall not in any way relieve the CONTRACTOR of
responsibility for the technical adequacy of its work. Neither the DEP's nor EP A's review,
approval, acceptance or payment for any of the services shall be construed as a waiver of
any rights under this Agreement or of any cause for action arising out of the performance
of this Agreement.
4. The CONTRACTOR shall be, and shall remain, liable in accordance with applicable law
for all damages to the DEP or EP A caused by the CONTRACTOR's negligent performance
of any of the services furnished under this Agreement, except for errors, omissions or other
deficiencies to the extent attributable to the DEP, DEP-furnished data or any third party.
The CONTRACTOR shall not be responsible for any time delays in the project caused by
circumstances beyond the CONTRACTOR's control.
5. The CONTRACTOR's obligations under this clause are in addition to the
CONTRACTOR's other express or implied assurances under this Agreement or State law
and in no way diminish any other rights that the DEP may have against the
CONTRACTOR for faulty materials, equipment, or work.
6. When issuing statements, press releases, requests for proposals, bid solicitations, or other
documents related to this project, the CONTRACTOR shall clearly state in each document:
(1) the percentage of the cost of the project supported by EPA funding, and (2) the dollar
amount of the EP A's support of the project.
7. The CONTRACTOR agrees to ensure that all conference, meeting, convention, or training
space funded in whole or in part with federal funds complies with The Hotel and Motel
Fire Safety Act of 1990.
C. Specific Responsibilities ofthe CONTRACTOR
The CONTRACTOR shall be responsible for obtaining the services of a construction
subcontractor through a competitive process comparable to Chapter 255, Florida Statutes.
D. Quality Assurance Plan
1, Upon Agreement execution, all parties involved with sampling and or analysis
activities, including the CONTRACTOR and any designated subcontractors, shall
submit Comprehensive Quality Assurance Plans (CompQAP) and one Quality
Assurance Project Plan (QAPP) for the purpose of approval by the DEP's
DEP Contract No. WM781, Page 2 of 20
iP
Environmental Assessment (EA) Section. The CompQAP(s) shall be prepared in
accordance with the document entitled "DEP Manual for Preparing Quality Assurance
Plans, DEP-QA-001l90" (September 1992). The QAPP shall be prepared in accordance
with Section 5 of the same document and shall be submitted on DEP Form 62-
160.900(1).
2, The QAPP shall be submitted to the DEP Project Manager who will route the document
to the EA Section for review. CompQAPs and/or amendments to the CompQAPs shall
be submitted directly to the EA Section for review. Failure to submit the required QA
Plans within one month of Agreement execution shall result in suspension of the
Agreement until the documents have been submitted to the DEP EA Section, The
QAPP shall not be reviewed until the CompQAP has been given approval or "approval
pending" status by the EA Section.
3. The CONTRACTOR and affected subcontractors have three (3) opportunities to submit
their QA Plan documents to the Department for approval. If any Plan fails the approval
process three (3) times, the DEP may terminate the Agreement in its entirety. The
CONTRACTOR shall adhere to the data validation requirements for laboratory analysis
contained in Attachment B, attached hereto and made a part hereof. Failure to provide
acceptable QA Plans as required will result in suspension or termination of this
Agreement.
4. If the CONTRACTOR and/or affected subcontractors have approved CompQAPs on
file with the DEP EA Section, which contain all the information outlined in DEP-QA-
001190 and which address all sampling and analysis capabilities to perform the
Agreement work, then only the QAPP shall be required under the terms of the preceding
paragraphs.
5. If the CONTRACTOR and/or affected subcontractors have approved CompQAPs which
do not contain the technical detail outlined in DEP-QA-001l90, or do not address the
sampling and analysis requirements of this Agreement, amendments to the CompQAP
shall be submitted with the QAPP. All documents shall be subject to the terms of
paragraphs 1 and 2 above.
6. The CompQAPs of all affected parties shall maintain approval status for the duration of
this Agreement by submitting the requisite documentation or amendments for annual
renewal. Failure to provide or maintain an acceptable QA Plan will result in suspension
or termination ofthis Agreement.
7. The DEP Contract number shall appear on the title page of the submitted QAPP, A
cover letter that specifically states the DEP Contract number shall accompany any
CompQAP(s) or applicable CompQAP amendments. Within forty-five (45) days of
receipt of properly identified documents by the DEP EA Section, the EA Section shall
review and either approve the CompQAP(s) and QAPP, or provide comments to the
CONTRACTOR and affected subcontractors as to why the Planes) are not approved. If
further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from
DEP Contract No. WM781, Page 3 of20
the receipt of such comments to respond, The EA Section shall respond to all revisions
within 30 days of receipt in the EA Section.
8. If QA Plan review is delayed, through no fault of the CONTRACTOR, beyond sixty
(60) days after the Plan is received by the EA Section, the CONTRACTOR shall have
the option, after the Plan is approved, of requesting and receiving an extension in the
term of the Agreement for a time period not to exceed the period that EA review was
delayed, This option must be exercised at least sixty (60) days prior to the current
termination date of the Agreement.
9. Sampling and analysis may not begin until the QAPP has been given approval or
"approval pending" status. However, even if approval pending status has been given,
failure to obtain full approval within the time frames specified by the DEP will result in
suspension or termination of this Agreement.
10. Once approved, the CONTRACTOR shall follow the protocols specified III the
approved QAPP and associated CompQAP(s) including, but not limited to:
a. Ensuring that all stated quality control measures are collected, analyzed and
evaluated for acceptability;
b. Using only the protocols approved in the QAPP; and
c, Using only the equipment approved in the QAPP.
11. If any changes as outlined in Rule 62-160,220(6)(d) occur, the CONTRACTOR shall
submit appropriate amendments to the DEP Project Manager who will route these
amendments to the EA Section for review, Such amendments are subject to Rule 62-
160.220(6)(d) requirements and the same conditions as the original submittal (see 3, 7,
and 8 above). Failure to submit the required amendments or to meet any of the above-
stated conditions may result in the decision by the DEP Project Manager to suspend or
terminate the Agreement.
12, All sampling and analyses performed under this Agreement must conform to the
requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.).
SECTION II - SCHEDULE OF WORK
This Agreement is effective on the date of execution and shall remain in effect for a period of
thirty-six (36) months, by which date all requirements shall have been completed. It is understood and
agreed that all work under this Agreement shall be substantially completed within the first twenty-four
(24) months of the Agreement period. The remaining twelve (12) months under this Agreement shall
be used for any post-construction monitoring and shall constitute the one year period following
substantial completion of the project during which the CONTRACTOR shall guarantee all work to be
free of defects due to faulty materials, equipment or workmanship, as set forth in SECTION I -
SCOPE OF THE PROJECT,
DEP Contract No. WM781, Page 4 of 20
This Agreement may be renewed for an additional term not to exceed the original Agreement
period unless the original Agreement period is 24 months or less, in which case the Agreement may be
renewed up to two additional one-year periods. Renewal of this Agreement shall be in writing and
subject to the same terms and conditions of this Agreement. All renewals are contingent upon
satisfactory performance by the CONTRACTOR and the availability of funds.
SECTION III - REPORTS REQUIRED
A. Use of Recycled Paper
The CONTRACTOR agrees to use recycled paper for all reports which are prepared as a part of
this Agreement. This requirement does not apply to reports which are prepared on forms
supplied by EP A. This requirement applies even when the cost of recycled paper is higher than
that of virgin paper.
B. Progress Reports
The CONTRACTOR shall submit quarterly progress reports indicating work performed during
the report period, work scheduled for the next report period, problems encountered, and planned
solutions.
C. Final Report
A draft comprehensive final report must be submitted no later than sixty (60) days prior to the
substantial completion date of the Agreement as identified in SECTION II - SCHEDULE OF
WORK. A comprehensive final report must be submitted no later than thirty (30) days prior to
the substantial completion date ofthe Agreement as identified in SECTION II - SCHEDULE OF
WORK. The CONTRACTOR's final report shall include an accounting of all project expenses, a
report of all matching funds contributed on behalf of the CONTRACTOR, and a statement
acknowledging that the project has been supported by a grant from the EPA.
The CONTRACTOR's final report shall include the following statement (Note: insert actual
dollar costs in appropriate blank spaces):
"This project and the preparation of this report (or booklet, pamphlet, etc. as appropriate)
was funded in part by a Section 319 Nonpoint Source Management Program grant from the
U. S. Environmental Protection Agency (US EP A) through a contract with the
StormwaterlNonpoint Source Management Section of the Florida Department of
Environmental Protection. The total cost of the project was $ (show actual amount) of
which $ (show actual amount) , or (show actual percent) % was provided by the US
EPA."
The CONTRACTOR agrees to provide a copy of any draft report and/or final report to the DEP
before making, or allowing to be made, a press release, publication, or other public
announcement of the project's outcome, This shall not be construed to be a limitation upon the
operation and applicability of Chapter 119, Florida Statutes.
DEP Contract No. WM781, Page 5 of20
SECTION IV - COMPENSATION
For satisfactory performance, the DEP agrees to compensate the CONTRACTOR on a cost
reimbursement basis not to exceed $242,000 towards the total project costs of $651,500. The
CONTRACTOR shall provide a non-federal match in the amount of $409,500 through in-kind services
provided by the CONTRACTOR, or through other non-federal funding sources available to the
CONTRACTOR. It is understood and agreed that non-federal funds expended on this project prior to
execution of this Agreement, which were expended on or after June 12, 2000, may be used by the
CONTRACTOR in fulfilling its match obligation under this Agreement.
The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and continuation of other funding presently
anticipated, without liability for anticipated profits for unfinished work.
SECTION V - PAYMENTS
A. The CONTRACTOR shall submit invoices to the DEP on a quarterly basis, accompanied by the
required progress reports. A final invoice must be submitted to the DEP no later than thirty (30)
days following the substantial completion date of the Agreement, to assure the availability of
funds for payment. Each invoice submitted shall document all matching funds and/or match
efforts (i.e, in-kind services) provided during the service period covered by each invoice.
B. The State Comptroller requires detailed supporting documentation of all costs under a cost
reimbursement Agreement. In accordance with the Comptroller's Contract Payment
Requirements (attached hereto and made a part hereof as Attachment C), the CONTRACTOR
shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by
supporting documentation and other requirements as follows:
1. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must
be substantiated by copies of invoices with backup documentation identical to that required
from the CONTRACTOR. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative
rates) shall be supported by audit. If the DEP determines that multipliers charged by any
subcontractor exceeded the rates supported by audit, the CONTRACTOR shall be required to
reimburse such funds to the DEP within 30 days of written notification. Interest on the
excessive charges shall be calcul.ated based on the prevailing rate used by the State Board of
Administration, For fixed price subcontracts, the following provisions shall apply:
a. The CONTRACTOR may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A. Invoices
submitted to the DEP for fixed price subcontracted activities shall be supported with a
copy of the subcontractor's invoice and a copy of the tabulation form for the competitive
procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed
price subcontract.
DEP Contract No, WM781, Page 6 of20
b, The CONTRACTOR may request approval from the DEP to award a fixed price
subcontract resulting from procurement methods other than those identified in paragraph
B.1.a. above. In this instance, the CONTRACTOR shall request the advance written
approval from the DEP's Project Manager of the fixed price negotiated by the
CONTRACTOR. The letter of request shall be supported by a detailed budget and Scope
of Services to be performed by the subcontractor, Upon receipt of the DEP Project
Manager's approval of the fixed price amount, the CONTRACTOR may proceed in
finalizing the fixed price subcontract, subject to the provisions of SECTION XI -
SUBCONTRACTING and any other appropriate provisions of this Agreement which
affect subcontracting activities.
2. Travel - Travel expenses and per diem must be documented by a State of Florida Travel
Voucher with appropriate receipts. Reimbursement will be made in accordance with Section
112.061, Florida Statutes.
3. Equipment - (Capital outlay $1,000 or more in value) - The purchase of non-expendable
equipment costing $1,000 or more is not authorized under this Agreement.
4. Rental/Lease of Equipment - Include copies of invoices or receipts to document charges.
5. Other EXl'enses - e.g., Signage, materials, supplies, phone, reproduction, mailing, must be
documented by itemizing and including copies of receipts or invoices.
C. Each invoice submitted must be in detail sufficient for preaudit and postaudit review. Five copies
of each invoice, including appropriate backup documentation, shall be submitted to:
Department of Environmental Protection
Division of Water Resource Management
Attn: Mr, David Worley
2600 Blair Stone Road (MS3570)
Tallahassee, Florida 32399-2400
D. Upon satisfactory completion of the work performed under this Agreement, as a condition before
final payment under this Agreement or as a termination settlement under this Agreement, the
CONTRACTOR shall execute and deliver to the DEP, using Attachment D - Release of Claims
by Contractor on EP A Sub agreement, a release of all claims against the DEP arising under, or by
virtue of, this Agreement, except claims which are specifically exempted by the CONTRACTOR
to be set forth therein. Unless otherwise provided in this Agreement by State law or otherwise
expressly agreed to by the parties to this Agreement, final payment under this Agreement or
settlement upon termination of this Agreement shall not constitute a waiver of the DEP's claims
against the CONTRACTOR or the CONTRACTOR's sureties under this Agreement or
applicable performance and payment bonds, Release of claims in this section shall refer to
contract claims,
DEP Contract No, WM781, Page 7 of 20
E. This Agreement is subject to availability of funds or continuation of funding anticipated at the
time of execution. Should funding be discontinued or reduced, the Agreement will be terminated
or amended, as appropriate. In this event, the CONTRACTOR shall be compensated for work or
services satisfactorily completed.
SECTION VI - MANAGEMENT
The CONTRACTOR's Project Manager is Mr. Terry Finch, telephone 727/562-4742. The DEP's
Project Manager is Mr, David Worley, telephone 850/921-9919. All matters shall be coordinated with
or directed to the Project Managers for action or disposition.
SECTION VII - TERMINATIONS
A. This Agreement may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through no
fault of the terminating party, provided that no termination may be effected unless the other party
is given: (1) not less than 10 calendar days' written notice (delivered by Certified Mail, return
receipt requested) of intent to terminate, and (2) an opportunity for consultation with the
terminating party prior to termination.
B. This Agreement may be terminated in whole or in part in writing by the DEP for its convenience,
provided that the CONTRACTOR is given: (1) not less than 10 calendar days' written notice
(delivered by Certified Mail, return receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the DEP prior to termination.
C, Iftermination for default is effected by the DEP an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time
of the termination may be adjusted to cover any additional costs to the DEP because of the
CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if
termination for convenience is effected by the DEP the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for any
termination shall provide for payment to the CONTRACTOR for services rendered and expenses
incurred prior to the termination, in addition to termination settlement costs reasonably incurred
by the CONTRACTOR relating to commitments which had become firm prior to the
termination.
D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall:
(1) promptly discontinue all effected work (unless the notice directs otherwise), and (2) deliver or
otherwise make available to the DEP all data, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the
CONTRACTOR in performing this Agreement, whether completed or in process.
E. Upon termination under paragraphs A or B above, the DEP may take over the work or may
award another party a contract to complete the work.
DEP Contract No. WM781, Page 8 of20
F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is
determined that the CONTRACTOR had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of the DEP. In such event,
adjustment of the Agreement price shall be made as provided in paragraph C of this section,
SECTION VIII - REMEDIES
All services shall be performed by the CONTRACTOR to the satisfaction of the Secretary of the
DEP or his/her designated representative, who shall decide all questions, difficulties, and disputes of
whatever nature which may arise under or by reason of the Agreement, the prosecution and fulfillment
of the services hereunder and the character, quality, amount and value thereof, and the Secretary's
decision upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties
thereto, to the extent provided by Florida law.
SECTION IX - LIABILITY
Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
SECTION X - INTEREST OF CONTRACTOR
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this Agreement. The CONTRACTOR further covenants that in the
performance ofthis Agreement no person having such interest shall be employed.
SECTION XI - SUBCONTRACTING
A, The CONTRACTOR shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the DEP. When applicable, and upon receipt of such consent
in writing, the CONTRACTOR shall cause the names of the firms responsible for such portions
ofthe work to appear on such work.
B. The CONTRACTOR agrees to notify the DEP of all subcontracts no less than ten days prior to
the effective date of the subcontracts for the purpose of approval by the DEP, The
CONTRACTOR agrees to provide the DEP with an executed copy of all subcontracts within ten
days after the effective date ofthe Agreement.
C. The CONTRACTOR agrees to be responsible for the fulfillment of all work elements included in
the subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold the DEP and the EP A harmless from any liability or damages arising under
or from any subcontract hereinunder, to the extent provided by Florida law.
D. Pursuant to the Lobbying Disclosure Act of 1995, the CONTRACTOR agrees to refrain from
entering into any subcontracts under this Agreement with any organization described in Section
DEP Contract No. WM781, Page 9 of 20
501(c)(4) of the Internal Revenue Code of 1986, 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.
SECTION XII - MBE/WBE UTILIZATION
In accordance with EP A's Program for Utilization of Small, Minority and Women's Business
Enterprises in procurement under assistance programs, the CONTRACTOR shall ensure, to the fullest
extent possible, that at least the negotiated fair share percentages of Federal funds for subcontracts for
supplies, construction, equipment or services are made available by the CONTRACTOR to
organizations owned or controlled by socially and economically disadvantaged individuals, women and
historically black colleges and universities,
The CONTRACTOR agrees to include in their bid documents, and require all of its
subcontractors to include in their bid documents, the fair share percentages set forth below, The
CONTRACTOR agrees to achieve, to the fullest extent possible, the State of Florida's fair share
objective and to require those selected project participants to comply with 40 CFR 30.44(b), 31.36(e),
35.3145(d), 35.6580 or the Drinking Water State Revolving Fund (SRF) Program Guidelines, as
appropriate. The negotiated fair share commitments for the State of Florida are as follows:
State Revolving Fund Construction:
Architectural & Engineering Services:
Commodities:
Contractual:
Construction:
11 % MBE and 3% WBE (both SRF)
10% MBE and 15% WBE
7% MBE and 17% WBE
14% MBE and 36% WBE
10% MBE and 11 % WBE (non SRF)
To evaluate compliance with the "Fair Share" policy, the CONTRACTOR also agrees to comply
with the six affirmative steps stated in 40 CFR 30.44(b), 40 CFR 31.36(e), 35.3145(d), 35.6580, as
appropriate, and must retain all records documenting the CONTRACTOR's and all its subcontractor's
good faith efforts.
In the event that the CONTRACTOR does not want to rely on the applicable State's MBE/WBE
goals, the CONTRACTOR agrees to submit proposed MBE/WBE goals based on availability of
qualified minority and women-owned businesses to do work in the relevant market for construction,
services, supplies and equipment. "Fair share" objectives must be submitted to the MBE/WBE
Coordinator, Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) days
of Agreement execution. It is expected that EPA approvaVdisapproval of the CONTRACTOR's
MBE/WBE objectives will be provided within thirty (30) days of submission to the EP A Grants
Management Office.
SECTION XIII - SMALL BUSINESS UTILIZATION
In accordance with Section 129 of Public Law 100-590, the Small Business Administration
Reauthorization and Amendment Act of 1988, the CONTRACTOR agrees to utilize, and to encourage
its subcontractors under this Agreement to utilize, small businesses located in rural areas to the
maximum extent possible. The CONTRACTOR agrees to follow the six affirmative steps stated in 40
DEP Contract No. WM781, Page 10 of20
CFR 30.44(b), 31.36 or 35,6580, as appropriate, in the award of any subcontracts under this
Agreement. It is understood and agreed that compliance with this requirement will be monitored
during management review conducted by the EP A,
SECTION XIV - NOTICE
Any notice or other written communication between the parties shall be considered delivered
when posted by certified mail or delivered in person to the Project Manager.
SECTION XV - PERSONNEL
A, To the extent required by law, the CONTRACTOR will be self-insured against, or will secure
and maintain such insurance as will protect it from claims under Workers' Compensation Acts
and from claims for bodily injury, death, or property damage which may arise from the
performance of its services under this Agreement.
B. 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 otherwise be subjected
to discrimination in performance of this Agreement.
c. 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.
SECTION XVI - DOCUMENTS AND NON-EXPENDABLE EQUIPMENT
A. Ownership of Documents
All reports produced and other data gathered by the CONTRACTOR for the purpose of this
Agreement shall become the joint property of the DEP and the CONTRACTOR without
restrictions or limitations upon their use and shall be made available by the CONTRACTOR at
any time upon request ofthe DEP,
B. Non-Expendable Equipment and Personal Property
The purchase of non-expendable equipment costing $1,000 or more is not authorized under this
Agreement.
DEP Contract No, WM781, Page 11 of 20
SECTION XVII - BONDING REQUIREMENTS, CONSTRUCTION CONTRACTS
A. Performance and Payment Bonds.
Prior to commencing any construction activities by a subcontractor under this Agreement,
CONTRACTOR will have executed and provide proof of such to the DEP:
1. A performance bond by the construction subcontractor for 100% of the agreement price to
secure fulfillment of the CONTRACTOR's obligations to the DEP, and which names the DEP
as payee; and,
2. A payment bond by the construction subcontractor for 100% of the agreement price to assure
payment as required by law to all persons supplying labor and material in the execution of the
work provided for in this agreement.
B. Bid Bonds
Where construction subcontracts exceeding $100,000 are to be let by Invitation to Bid or Request
for Proposal (RFP), the CONTRACTOR shall require a bid guarantee from each bidder
equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment
such as a bid bond, certified check or other negotiable instrument accompanying a bid as
assurance the bidder will, upon acceptance of the bid, execute such contractual documents as may
be required within the time specified,
C. Sureties
The required bonds shall be obtained from companIes holding certificates of authority as
acceptable sureties (31 CFR 223).
SECTION XVIII - CHANGES IN SERVICES REQUIREMENTS
A. The DEP may at any time, without notice to any surety, by written order designated or indicated
to be a change order, make any change in the work within the general scope of the Agreement,
including but not limited to changes:
1. In the specifications (including drawings and designs);
2. In the time, method, or manner of performance of the work;
3. In the DEP-furnished facilities, equipment, materials, services, or site; or
4. Directing acceleration in the performance of work,
B. A change order shall also be any other written or oral order (including direction, instruction,
interpretation or determination) from the DEP, which causes any change, provided the
DEP Contract No. WM781, Page 12 of20
CONTRACTOR gives the DEP written notice stating the date, circumstances, and source of the
order and that the CONTRACTOR regards the order as a change order.
C, Except as provided in this section, no order, statement, or conduct of the DEP shall be treated as a
change under this clause or entitle the CONTRACTOR to an equitable adjustment.
D. If any change under this section causes an increase or decrease in the CONTRACTOR's cost or
the time required to perform any part of the work under this Agreement, whether or not changed
by any order, the DEP shall make an equitable adjustment and modify this Agreement in writing.
Except for claims based on defective specifications, no claim for any change under paragraph B
above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR
gives written notice as required in paragraph B. In the case of defective specifications for which
the DEP is responsible, the equitable adjustment shall include any increased cost the
CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
E. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he
must, within 30 days after receipt of a written change order under paragraph A.l. or the
furnishing of a written notice under paragraph B submit a written statement to the DEP setting
forth the general nature and monetary extent of such claim. The DEP may extend the 30-day
period. The CONTRACTOR may include the statement of claim in the notice under paragraph B
ofthis change clause.
F. No claim by the CONTRACTOR for an equitable adjustment shall be allowed if made after final
payment under this Agreement.
SECTION XIX - DIFFERING SITE CONDITIONS
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DEP in
writing of:
1. Subsurface or latent physical conditions at the site differing materially from those indicated in
this Agreement; or
2. Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inhering in work of the character provided
for in this Agreement.
B. The DEP shall promptly investigate the conditions. If it finds that conditions materially differ
and will cause an increase or decrease in the CONTRACTOR's cost or the time required to
perform any part of the work under this Agreement, whether or not changed as a result of such
conditions, the DEP shall make an equitable adjustment and modify the Agreement in writing.
C. No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR
has given the notice required in paragraph A of this clause. However, the DEP may extend the
time prescribed in paragraph A.
DEP Contract No. WM781, Page 13 of 20
D. No claim by the CONTRACTOR for an equitable adjustment shall be allowed if asserted after
final payment under this Agreement.
SECTION XX - SUSPENSION OF WORK.
A, The DEP may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part
of the work for such period of time as the DEP may determine to be appropriate for the
convenience ofthe DEP.
B. If the performance of all or any part of the work is suspended, delayed or interrupted for an
unreasonable period of time by an act of the DEP in administration of this Agreement, or by the
DEP's failure to act within the time specified in this Agreement (or if no time is specified, within
a reasonable time), the DEP shall make an adjustment for any increase in the cost of performance
of this Agreement (excluding profit) necessarily caused by such unreasonable suspension, delay
or interruption and modify the Agreement in writing. However, no adjustment shall be made
under this clause for any suspension, delay or interruption to the extent:
1. That performance would have been so suspended, delayed or interrupted by any other cause,
including the fault or negligence of the CONTRACTOR; or
2. For which an equitable adjustment is provided for or excluded under any other provision of
this Agreement.
C. No claim for this clause shall be allowed:
1. For any costs incurred more than 20 days before the CONTRACTOR notified the DEP in
writing of the act, or failure to act, involved (this requirement does not apply to a claim
resulting from a suspension order), and
2. Unless the amount claimed is asserted in writing as soon as practicable after the termination
of such suspension, delay or interruption, but not later than the date of final payment under
the Agreement.
SECTION XXI - SUPERSESSION
The DEP and the CONTRACTOR agree that this and other appropriate clauses in 40 CFR 31.36
apply to that work eligible for EP A assistance to be performed under this Agreement and that these
clauses supersede any conflicting provisions of this Agreement.
SECTION XXII - PRIVITY OF CONTRACT
This Agreement is expected to be funded in part with funds from the U.S. Environmental
Protection Agency. Neither the United States nor any of its departments, agencies or employees is, or
will be, a party to this Agreement or any lower tier subcontract. This Agreement is subject to
regulations contained in 40 CFR, Part 31.36 in effect on the date of the assistance award for this
proj ect.
DEP Contract No. WM781, Page 14 of20
SECTION XXIII - AUDIT: ACCESS TO RECORDS
A. The CONTRACTOR shall maintain books, records, documents and other evidence directly
pertinent to performance on EP A funded work under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied, and 40 CFR, Part 30
or 31, as applicable, in effect on the date of execution of this Agreement. The CONTRACTOR
shall also maintain the financial information and data used in the preparation or support of the
cost submission required under 40 CFR 31.36 for any negotiated contract or change order and a
copy of the cost summary submitted to the DEP, The United States Environmental Protection
Agency, the Comptroller General of the United States, the United States Department of Labor,
the DEP and the State or any of their authorized representatives shall have access to all such
books, records, documents and other evidence for the purpose of inspection, audit and copying
during normal business hours. The CONTRACTOR will provide facilities for such access and
inspection.
B. If this is a formally advertised, competitively awarded, fixed price agreement, the
CONTRACTOR agrees to make paragraphs A through G of this clause applicable to all
negotiated change orders and Agreement amendments affecting the Agreement price. In the case
of all other types of prime agreements, the CONTRACTOR agrees to make paragraphs A
through G of this clause applicable to all agreements awarded in excess of $10,000 at any tier,
and to make paragraphs A through G of this clause applicable to all change orders directly
related to project performance.
C. Audits conducted under this provision shall be in accordance with generally accepted auditing
standards and with established procedures and guidelines of the reviewing or audit agency(ies).
D. The CONTRACTOR agrees to disclose all information and reports resulting from access to
records under paragraphs A and B of this provision to any of the agencies referred to in
paragraph A,
E, Records under paragraphs A and B above shall be maintained by the CONTRACTOR during
performance on EP A assisted work under this Agreement and for the time periods specified in 40
CFR, Part 30 or 31, as applicable. In addition, those records which relate to any controversy
arising under an EP A assistance agreement, litigation, the settlement of claims arising out of
such performance or to costs or items to which an audit exception has been taken shall be
maintained by the CONTRACTOR for the time periods specified in 40 CFR, Part 30 or 31, as
applicable.
F, Access to records is not limited to the required retention periods, The authorized representatives
designated in paragraph A ofthis clause shall have access to records at any reasonable time for as
long as the records are maintained,
G. This right of access clause applies to financial records pertaining to all agreements (except
formally advertised, competitively awarded, fixed price agreements) and all contract change
orders regardless of the type of agreement. In addition, this right of access applies to all records
DEP Contract No. WM781, Page 15 of20
pertaining to all agreements, agreement change orders and agreement amendments: a) to the
extent the records pertain directly to agreement performance; b) if there is any indication that
fraud, gross abuse or corrupt practices may be involved; or c) if the agreement is terminated for
default or for convenience.
H. In addition to the preceding paragraphs, the CONTRACTOR shall comply with the applicable
provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a
part hereof. A revised copy of Attachment E, Exhibit-I, must be provided to the
CONTRACTOR with each amendment which authorizes a funding increase or decrease, The
revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of
assisting the CONTRACTOR in complying with the requirements of Attachment E. If the
CONTRACTOR fails to receive a revised copy of Attachment E, Exhibit-I, the CONTRACTOR
shall notify the DEP's Contracts Administrator at 850/922-5942 to request a copy of the updated
information.
SECTION XXIV - COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR assures that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee excepting bona fide employees or bona fide established commercial or
selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach
or violation of this assurance, the DEP shall have the right to annul this Agreement without liability or,
at its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage or contingent fee.
SECTION XXV - LOBBYING
A. The CONTRACTOR 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 CONTRACTOR, 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 CONTRACTOR shall submit Attachment F, Standard Form-LLL, "Disclosure Form
to Report Lobbying" (attached hereto and made a part hereof), and shall file quarterly updates of
any material changes. The CONTRACTOR shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and disclose accordingly.
B. In accordance with Section 216.347, Florida Statutes, the CONTRACTOR is hereby prohibited
from using funds provided by this Agreement for the purpose of lobbying the Legislature, the
judicial branch or a state agency.
SECTION XXVI - GRATUITIES
A. If the DEP finds, after a notice and hearing, that the CONTRACTOR or any of the
CONTRACTOR's agents or representatives offered or gave gratuities (in the form of
DEP Contract No, WM781, Page 16 of20
entertainment, gifts or otherwise) to any official, employee or agent ofthe DEP, the State or EPA
in an attempt to secure a contract or favorable treatment in awarding, amending or making any
determinations related to the performance of this Agreement, the DEP may, by written notice to
the CONTRACTOR, terminate this Agreement. The DEP may also pursue other rights and
remedies that the law or this Agreement provides. However, the existence of the facts on which
the DEP bases such findings shall be in issue and may be reviewed in proceedings under Section
VIII (REMEDIES) ofthis Agreement.
B. In the event this Agreement is terminated as provided in paragraph A, the DEP may pursue the
same remedies against the CONTRACTOR as it could pursue in the event of a breach of the
Agreement by the CONTRACTOR, and as a penalty, in addition to any other damages to which
it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the
DEP) which shall be not less than three nor more than ten times the costs the CONTRACTOR
incurs in providing any such gratuities to any such officer or employee.
SECTION XXVII - DEBARMENT AND SUSPENSION
A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the
CONTRACTOR shall agree and certify that neither it, nor its principals, is 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
CONTRACTOR 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 EPA to the DEP.
B. Upon execution of this Agreement by the CONTRACTOR, the CONTRACTOR shall complete,
. sign and return a fQlIT of the form entitled "Certification Regarding Debarments, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached
hereto and made a part hereof as Attachment G,
C. As required by paragraphs A and B above, the CONTRACTOR shall include the language of this
section, and Attachment G in all subcontracts or lower tier agreements executed to support the
CONTRACTOR's work under this Agreement.
SECTION XXVIII - PUBLIC ENTITY CRIMES
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 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.
SECTION XXIX - UNILATERAL CANCELLATION
The DEP reserves the right to unilaterally cancel this Agreement for refusal by the
CONTRACTOR to allow public access to all documents, papers, letters, or other material subject to
DEP Contract No, WM781, Page 17 of20
the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in
conjunction with this Agreement.
SECTION XXX - COMPLIANCE WITH HEALTH AND SAFETY REGULATIONS
The CONTRACTOR shall comply with all federal, state and local rules and regulations in
providing services to the DEP under this Agreement. The CONTRACTOR acknowledges that this
requirement includes compliance with all federal, state and local health and safety rules and
regulations, The CONTRACTOR further agrees to include this provision in all subcontracts issued as
a result of this Agreement.
SECTION XXXI - YEAR 2000 STANDARDS
Any information technology purchased, produced, submitted or exchanged under this Agreement
must be capable of processing date data according to EPA's Data Standard for representation of
calendar dates (EPA Directive 2100, IRM Policy Manual, Chapter 5, Data Standards). This
information is located on the EP A website
(hUp:/ /www.epa.gov/irmpoli8/polman/chantr05.txt.html#calendar ). Information technology acquired
under this agreement should be consistent with the technical Year 2000 requirements as described in
the Federal Acquisition Regulation 39.002. This information is located on the official GSA website
(htm:/ /www,amet.gov/far/0?-05/html/3 9,html).
SECTION XXXII - CHOICE OF LA W/FORUM
The parties hereby agree that any and all actions or disputes arising out of this Agreement shall
be governed by the Laws of the State of Florida. Any action hereon or in connection herewith brought
by the DEP shall be brought in Palm Beach County, Florida. Any action hereon or in connection
herewith brought by the CONTRACTOR shall be brought in Leon County, Florida.
SECTION XXXIII - SEVERABILITY
In the event one or more provisions of this Agreement are declared invalid, the balance of this
Agreement shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. WM781, Page 18 of 20
SECTION XXXIV - ENTIRE AGREEMENT
It is expressly understood and agreed that this Agreement states the entire agreement and that the
parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise,
not printed or inserted in this Agreement. The CONTRACTOR agrees that no representations have
been made by the DEP in order to induce the CONTRACTOR to enter into this Agreement other than
as expressly stated in this Agreement. This Agreement cannot be changed orally, nor by any means
other than by written amendments expressly referencing this Agreement and signed by all parties
hereto, unless otherwise provided herein.
CITY OF CLEARWATER, FLORIDA
FLORIDA DEPARTMENT OF
ENVIRONMENT AL PROTECTION
By~jJ~g,~lJ:
William B, Home, II
Interim City Manager*
Date: :z,j;.3. /0'
FEID No,: 59-6015290
By:
Directo IVI of Water Resource
Management or designee
Date: I z.,/z,11 00
Countersigned:
Brimbt~
Mayor-Commissloner*
~lU-L;t.Q .
-
Approved as to form and legality:
Attest:
il'''' e. r-.::;:
DE Attorney
. "';.'
-- ------
~~~~~efl~.,Q....
City Clerk .
Approved as to form:
~.----/
J~~
Assistant City Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on
behalf of the CONTRACTOR must accompany the Agreement.
DEP Contract No. WM781, Page 19 of20
/. -1'/1
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
A
B
C
D
E
F
G
Description
Scope of Services (11 Pages)
Data Validation Requirements (6 Pages)
Comptroller's Contract Payment Requirements (1 Page)
Release of Claims Form (1 Pages)
Special Audit Requirements (5 Pages)
Standard Form LLL - Report to Disclose Lobbying Activities (2 Pages)
Certification Regarding Debarment/Suspension (2 Pages)
REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK
DEP Contract No. WM781, Page 20 of 20
ATTACHMENT A
SCOPE OF SERVICES
PROJECT UWA11: CLIFF STEPHENS PARK STORMWATER RETROFITTING
LEAD ORGANIZATION: City of Clearwater
CONTACT PERSONS: Terry Finch, Environmental Programs Coordinator
Public Works Administration
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4749
(727) 562-4742
(727) 562-4755 (Fax)
tfinch.@clearwater-f1.us
Janie Hagberg, P.E.
Southwest Florida Water Management District, SWIM
7601 U. S. Highway 310 N.
Tampa, Florida 33637
(813) 985-7481 (X2212)
(813) 987-6747 (FAX)
janie. hagberg@swfwmd.state.f1,us
1. City of Clearwater
2. Pinellas County
3. City of Safety Harbor (funded study phase - not a participant in construction phase)
4. Tampa Bay Estuary Program
5. Southwest Florida Water Management District, SWIM
PROJECT LOCATION
The project is located in the City of Clearwater in Cliff Stephens Park, and drains to Alligator Lake which
is approximately three miles to the east and discharges to Old Tampa Bay (Section 7, Township 29S,
Range 16E). Old Tampa Bay is part of Tampa Bay (Hydrologic Unit Code: 03100206 Tampa Bay Basin)
and is an estuary of national significance included in the National Estuary Program and is the District
SWIM Program's number one priority waterbody for protection, preservation and restoration. Figure 1
(Attachment A, Page 11 of 11) is a location map, which shows Cliff Stephens Park in relation to Alligator
Lake and Tampa Bay. Cliff Stephens Park is within a city park with the majority of the property under
public ownership. The park is located about one half mile east of US 19, a major connector in one of the
most urbanized counties of Florida. A CSX railroad is located one-quarter mile to the north and
residential developments surround the park,
WATERSHED RESTORATION ACTION STRATEGY
This project is anticipated to reduce nitrogen loading to the receiving water bodies. The proposed
improvements will result in the following:
. Reduce the quantity of sediments currently being transported downstream to Alligator Lake
and finally, Tampa Bay.
. Provide reduction of other non-point source pollutants that adsorb to suspended solids such
as metals.
. Enhance the habitat and, improve recreational benefits,
. Provide public education and outreach.
This project is specifically recommended in the Alligator Watershed Management Plan (Parsons ES 1997)
which was funded by all of the cooperating agencies. It also supports the recommended actions for
pollutant load reduction and protection of water quality and habitat found in the following plans:
DEP Contract No. WM781, Attachment A, Page 1 of 11
Tampa Bay NEP CCMP
Tampa Bay SWIM Plan
SWFWMD's Tampa Bay/Anclote River Comprehensive Watershed Management Plan
ESTIMATED POLLUTANT LOAD REDUCTION
Sampling stations were installed upstream and downstream of the project site. Samples for metals and
certain inorganics were collected using the ISCO sequential sampling devices triggered by electronic data
loggers.
During the water quality sampling events, the highest levels of pollutants were recorded in Cliff Stephens
Park, which has been subjected to a substantial increase in sedimentation in the last few years. Elevated
levels of trace metals, specifically cadmium, lead, and zinc, were found in the sediments of the lakes in
the watershed. Background levels of zinc are typically 10llg/L, but the levels in the sediments of wetlands
in the Alligator Creek watershed averaged 101Ilg/L. This high average level is due to a reading of
6321lg/L in Cliff Stephens Park.
It is anticipated that the proposed improvements will reduce the annual total nitrogen (TN) load to Tampa
Bay by 5,300 kg (11,600 Ibs). In addition to the annual reduction in TN, it is estimated the project will be
capable of reducing the total phosphorus loadings by 3,800 kg/yr (8,400 Ibs/yr), BOD loadings by 16,000
kg/yr (35,000 Ibs/yr), and total suspended solids loadings by 220,000 kg/yr (485,000 Ibs/yr). Since the
project will be very effective in reducing suspended solids loadings, the project will be an integral
component of the TBEP's Action Plan to address toxic contamination in Old Tampa Bay.
PROJECT OBJECTIVES
The objective of the project is to reduce non point source pollution loadings to Old Tampa Bay with
emphasis being placed on the removal of total nitrogen and total suspended solids (and those pollutants
that adsorb to suspended solids). The Tampa Bay Estuary Program (TBEP) has established total
nitrogen reduction goals for Tampa Bay which have been adopted by the FDEP as a TMDL for Tampa
Bay. The project will significantly reduce both total nitrogen and suspended solids loadings Tampa Bay
through natural methods, thereby buffeting the remaining existing habitat and benefiting wildlife.
PROJECT DESCRIPTION
Backqround
The Alligator Creek Watershed, the second largest and most urbanized watershed within the city of
Clearwater, drains 5,691 acres in central Pinellas County, Of this total acreage, 3,374 acres (60 percent)
are within the Clearwater city limits. The remaining 40 percent of the basin are located within the city of
Safety Harbor (312 acres) and unincorporated Pinellas County (2,005 acres). Alligator Creek has two
main headwaters. The first is located in a high (elevation 65 feet above mean sea level [MSL]) area west
of Keene Road, and the second is located north of Lake Chautauqua (elevation 90 feet MSL).
Flow from the watershed travels a distance of approximately five miles before discharging to Alligator
Lake, and ultimately to Old Tampa Bay. and uses within the basin are predominantly low-density
residential with an urban mix, including medium-density residential, commercial, industrial, open space,
and preservation. Approximately 80 percent of the watershed have been developed, and many of the
developments are developed prior to the requirement for stormwater treatment.
Historical and Current Conditions within Cliff Stephens Park
Land use changes within the Alligator Creek Watershed over the last 70 years have been significant. A
cursory history of the changes within the basin can be determined from a review of historic aerial
photography. In 1926, aerial photography shows a relatively intact floodplain and associated wetlands,
with adjacent land uses predominantly agricultural or undeveloped. The railroad that runs parallel to the
creek had already been constructed. By 1943, some channelization of the creek had occurred east of
McMullen Booth Road and agricultural activities were encroaching into the floodplain. US 19 had not yet
been constructed and the area between Old Coachman and McMullen Booth Roads was predominantly
intact wetlands, Alligator Lake was not a lake at all, but a shallow estuarine system, heavily vegetated
DEP Contract No. WM781, Attachment A, Page 2 of 11
with a narrow channel through the vegetation. By 1957, US 19 was constructed, bisecting a large fresh
water marsh that existed in this area. Stream channelization had occurred east of US 19 to the west
boundary of what is now the Friendly Village of Kapok Mobile Home Park, The remaining stream channel
east of this point to McMullen Booth Road appeared to be intact, despite agricultural encroachments. An
earthen berm had been constructed across the eastern end of Alligator Creek, creating Alligator Lake.
Some dredging may have occurred, and the estuarine character of the system was completely altered.
Areas that had been tidally inundated were now under at least 5 feet of fresh water.
The 1943 aerial shows the dramatic change in land use in the past 50 years, US 19 had not yet been
constructed and the area of the existing Cliff Stephens Park was predominantly intact wetlands. Alligator
Lake was a shallow estuarine system, heavily vegetated with a narrow channel traversing heavy
vegetation. By 1957, US 19 was constructed, and Alligator Creek was channelized east of US 19, Within
eight years, Alligator Creek was almost completely channelized, and the majority of the wetlands were
filled. During the next 30 years, the majority of the remaining undeveloped parcels in the watershed were
converted to residential, commercial, and industrial land uses. Although the construction of Cliff
Stephens Park and the stormwater treatment facility at Old Coachman Road have had beneficial impacts
on the watershed, the majority of the changes within the watershed have been detrimental to water
quality, flood protection, and wildlife habitat. Alligator Creek is deeply incised as it traverses Cliff
Stephens Park and conveys pollutant loads from surrounding residential and industrial land uses.
Collaboration with Other AQencies
The City of Clearwater, the City of Safety Harbor, Southwest Florida Water Management District
(SWFWMD), and Pinellas County combined their efforts and funding to produce the Alligator Creek
Watershed Management Plan. Public involvement is a very important component of this plan; watershed
improvements cannot be realized without the willingness and cooperation of residents within the
watershed boundaries. The residents within the watershed have had an active role in the shaping of the
watershed plan.
The basic purpose of the management plan is to identify the causes and sources of problems such as
water quality degradation, flooding, and habitat loss and recommend solutions. Recommendations
included restoration of habitat, reduction of impervious surfaces, alternative land uses, pollution reduction
programs, capital improvement projects such as stormwater retrofitting programs, and public involvement
and awareness. This management plan will be used as a tool in the planning, regulation, and
management of natural resources and future development, and as a basis for determining and prioritizing
capital improvements by the cooperating entities.
The Alligator Creek Watershed Management Plan is the product of over 18 months of analysis and
planning by staff from each of these government agencies and their consultant.
Proiect Approach
The project for which 319(h) funds are being requested includes the dredging and disposal of
approximately 8,000 CY of sediments containing elevated levels of trace metals, specifically cadmium,
lead, and zinc. In addition, a sediment sump will be constructed to trap and properly dispose of
sediments prior to their discharge to Old Tampa Bay. The project is part of an existing lake system within
a public park that is designed to treat discharges from a highly urbanized upstream basin using
sedimentation, biological assimilation, biological decomposition, and adsorption. Cliff Stephens Park is
one of the few remaining expanses of land that could benefit water quality, flood protection, recreation,
and wildlife habitat within this urbanized watershed. Alligator Creek traverses Cliff Stephens Park and
sustains the existing lake. As it travels, the creek deposits large amounts of sediment that over the years
have created shoals within Cliff Stephens Park lake.
Biological communities protect and maintain the soil. When the vegetation is disturbed by human
activities, the rates of soil erosion increase rapidly, decreasing the value of the land for human activities
such as recreation, Damage to the soil limits the ability of the plant life to recover following disturbances,
and can render the soil completely unsuitable for plant growth. In addition, the soil particles suspended in
water from runoff can kill freshwater animals, coral reef organisms, and marine life in coastal estuaries.
Increased soil erosion can lead to premature filling of lakes, sedimentation of wetlands, diversion of
DEP Contract No. WM781, Attachment A, Page 3 of 11
streams and rivers, and flooding problems due to the reduced capacity of stormwater retention areas.
Implementation of Best Management Practices to rectify past detrimental land disturbances within the
Alligator Creek watershed is essential to overall water quality.
The proposed improvements have been designed as part of the Alligator Watershed Management Plan
and water quality and sediment samples have been collected upstream and downstream of the project
site to set baseline data. The tasks that are needed to implement the proposed improvements include the
following:
Obtain construction permits
Finalize construction plans
Bid and Award the designed construction plans
Remove sediment and exotic vegetation
Construct the stormwater treatment features
Plant the project area with desirable wetland vegetation
Collect post-construction sediment and water quality samples
Conduct Public Awareness Program
Benefits of this Proiect
Compared to flocculation technologies, traditional stormwater BMPs such as restoring the natural
assimilative capacity of a lake, offer an ecologically comprehensive solution to nonpoint source load
reduction. Reduction of non-point source pollutants will include nutrients, metals, organics, suspended
solids, and oil and grease. Improvements to aquatic and wildlife habitat will be realized through the
removal of the sediments deposited in the park during the last few years. In addition, the trash and exotic
vegetation will be removed to encourage the regeneration of native species. Long-term behavioral
changes in the park visitors is the overall target for the proposed Public Awareness Program, which will
achieve pollutant reduction for a larger area as this and similar programs reach the general population.
And, since the site is within a public park, recreational use will be enhanced.
PROJECT WATERSHED CHARACTERISTICS
Cliff Stephens Park receives direct stormwater runoff and baseflows from a highly urbanized watershed
which was developed prior to the adoption of the 1982 stormwater discharge regulations.
Watershed Size (acres): 4297 acres
Land Uses within the Watershed:
. Residential (1795 acres) 42%
. Commercial (535 acres) 12%
. Industrial (323 acres) 8%
. Open Land (737 acres) 17%
. Open Water (251 acres) 6%
. Roads (656 acres) 15%
PROJECT TASKS:
The proposed project improvements for Cliff Stephens Park have been designed and are ready for
construction permits. The project was ranked as a priority project during the prioritization process held
between the cooperating entities. '
TASK 1. CONSTRUCTION PERMITS
The City has obtained the necessary construction permits from the Southwest Florida Water Management
District for the project.
DEP Contract No. WM781, Attachment A, Page 4 of 11
TASK 2. PROGRESS REPORTS
The City will provide a monthly Progress Report discussing the status and progress of the project per
task. Critical milestones will be referenced and deliverables will be provided to FDEP.
TASK 3. PUBLIC INVOLVEMENT PROGRAM
An essential component of this project is a public education and outreach program. There are numerous
educational materials available from information brochures to curriculum. Outreach will include providing
information regarding practices that can be implemented by the homeowner for the benefit of the local
environment. Most residents, when educated regarding their impact on the environment, begin to act
more responsibly, This behavioral change is what will make a difference to the enjoyment of the natural
environment and produce long-term water quality benefits.
The City of Clearwater Parks & Recreation Department has ongoing environmental educational programs
based out of Moccasin Lake Park, which is located immediately to the northeast of Cliff Stephens Park.
Parks and Recreation is proposing to expand existing educational programs to include Cliff Stephens
Park and Kapok Wetland and Floodplain Restoration projects once construction is complete,
The following describes details of the proposed program:
A. Wetland Orientation I Overview Program: Each session once a month - open to the public and
groups.
1. Wetland: Watershed Project
2. Wetland: Ecology
3. Wetland: Water Quality & Filtration Processes
4. Wetland: Freshwater Nursery
B. Wetland Walks: Detailed Observations: Each session once or twice a month - open to the public
and groups.
1. Wetland: General Orientation and Overview Walk
2. Wetland: Aquatic and Wading Bird Walk
3. Wetland: Plant Walk; Aquatic, Littoral Shelf Herbaceous, and Forest Species
4. Wetland: Reptile, Amphibian and Mammal Walk
5. Wetland: Insect and Spider Walk
6. Wetland: Early Morning Bird Walk
7. Wetland: Twilight Evening Exploration Walk
C. Wetland Interactive Programs For General Public: Each program once a month -open to the
public and groups.
1. Aquatic Wildlife Sampling, Terrestrial Insect Sweep, Exploration and Investigation Program.
Indoor I Outdoor
2. Tracking Techniques and Animal Track Molds Program. (Birds, Reptiles and Mammals)
Indoorl Outdoor
3. Kayak & Canoe Instructional Classes
4. Kayak & Canoe Interpretive Outing
5. Freshwater Fishing Program ( Both Children and Family Classes)
D. Wetland Programs Instructed By Contract Agency Summer & Spring Camps Minimum of Once a
Week
1. Aquatic Wildlife Sampling, Terrestrial Insect Sweep, Exploration and Investigation Program,T
2. Tracking Techniques and Animal Track Molds Program
DEP Contract No. WM781, Attachment A, Page 5 of 11
3. Multiple variations of many of the above mentioned general public programs
E. Wetland Programs Instructed By Pinellas County Environmental Resource Teacher at M.L.N.P.
Once to twice a week. (1 Fourth Grade Class visits each day, Mon. through Fri. to the park.
Water Ecology / Conservation is present theme.)
1. Aquatic Wildlife Sampling, Terrestrial Insect Sweep, Exploration and Investigation Program
2. Multiple variations of many of the above mentioned general public programs
F. Static displays and self-guided tours will be provided to the public when other programs are not
available. Self-guided tour information can be obtained at Moccasin Lake Park.
G, Integrated Pest Management will be promoted through the use of existing educational and
informational materials describing:
. The use of natural predators, parasites, and other biological controls.
. The use of pest resistant varieties of turf grass and landscape plants. Native plant species
are frequently more resistant to pests and pathogens.
. The modifications of environmental conditions so as to reduce the optimality of the pest
habitat. This would entail not planting monocultures of specific plants.
. Careful monitoring of pest abundance, and using pest-specific, less toxic pesticides such as
Bacillus thuringensis.
. The use of pesticides only when they are required as a specific component of the IPM.
. The proper amount of fertilizer.
. The proper type of fertilizer that contain nutrients in water-insoluble or controlled release
form.
. Where to purchase and how to apply fertilizers.
H. Curriculum Materials:
. Landscaping Guide for the Florida Yards and Neighborhoods Program
. Naturescape Urban Wildlife Enhancement Program
. Information on Xeriscaping
. Curriculum is available for a variety of reading levels on a variety of subjects. Existing
material containing water resources, non-point source pollution, and watershed management
will be collected and/or duplicated and distributed to park visitors, neighboring schools,
resource centers such as libraries, and other municipal facilities.
. Project Summary Sheets - A brief summary of the project with funding sources and benefits
to the public will be produced for distribution to the general public, local government officials,
and park visitors. In addition a summary of the water quality and sediment sampling analysis
will be produced in a form that is understandable to the general public and distributed to park
visitors.
I. Storm Drain Stenciling
The City of Clearwater Public Service Department has an ongoing storm drain marking program
which includes catch basins in the Alligator Creek watershed. The City is currently using metal
plates with the message "NO DUMPING, DRAINS TO CREEK" and "NO DUMPING, DRAINS TO
LAKE" for this program; as catch basins are cleaned on a scheduled basis the metal plates are
attached or replaced as needed. This program enlightens citizens about the potential adverse
effects of stormwater runoff entering surface water bodies. Many people allow paint, petroleum
products and yard wastes to wash into gutters and into storm drains without consideration of the
effects on surface waters these substances may have. This is a relatively inexpensive method to
educate and involve citizens on the issue of non-point source pollution.
DEP Contract No. WM781, Attachment A, Page 6 of 11
TASK 4. FINAL DESIGN PLANS
Final design plans of the project improvements will be prepared. The final design will include the
preparation and review of the 100 percent design drawings, technical specifications, estimated costs, and
constructability evaluation. These plans will include the areas of sediment removal, grading plan, survey
information, detailed planting plan, details of the diversion structure and overflow weir, construction of the
sediment basin, and erosion control.
TASK 5. BID AND AWARD SERVICES
The City will advertise the project for construction and provide services for bidding (pre-bid conference,
bid documents, review of bids, etc.) and award.
TASK 6. BMP IMPLEMENTATION
A. Construction Administration
The City will provide administrative services necessary to properly track and adhere to all appropriate
laws and regulations concerning the execution of the contract document.
B. Construction Management
The City will provide services during construction (full or limited inspection, change order review,
etc.), and project completion services (record drawing preparation, etc.) to ensure the construction of
the project is in compliance with regulatory requirements.
C, Construction
The City will hire a contractor to perform the construction according to the approved construction
plans.
TASK 7. SLIDE LOG
A visual log will be produced in slide form to document the progress of construction. This will be provided
at the completion of the project.
TASK 8. POST-CONSTRUCTION MONITORING
To compare the results of water and sediment quality after construction of the project improvements with
the baseline data obtained previously (not part of this project), the following subtasks will be performed:
A. Quality Assurance/Quality Control Plan for Water and Sediment Sampling and Analysis
B. Sediment samples will be collected at the same upstream and downstream stations as in the
pre-construction sampling program. The same sampling methods will be used and procedures
will be documented. Two samples at each of the two stations will be collected and analyzed for
the same parameters as in the pre-construction sampling program.
C. Water quality samples will be collected at the same upstream and downstream stations as in
the pre-construction sampling program, The same sampling methods will be used and
procedures will be documented, Two storm event samples at each of the two stations will be
collected and analyzed for the same parameters as in the pre-construction sampling program.
D. At the end of the water quality sampling collection effort, the City will monitor the establishment
and survivorship of the planted vegetation to assess success.
DEP Contract No. WM781, Attachment A, Page 7 of 11
TASK 9. DRAFT REPORT
The City will provide a Draft Report of the project documenting the design criteria, construction, pre- and
post-construction sampling, and public involvement. The Draft Report will be submitted to FDEP for
review and comment.
TASK 10, FINAL REPORT
The City will provide five copies of a comprehensive Final Project Report documenting all of the project
tasks with the slide log that presents the progression of the constructed improvements, discussion of
BMPs with emphasis on the particulars of the project features, and the watershed management plan.
Sampling results will be included as well as a comparison of pre- and post-construction analysis to
evaluate the effectiveness of the project by estimating pollutant load reductions. Revisions according to
the comments from FDEP on the Draft Report will be incorporated. The Public Involvement Program will
be evaluated based upon number of requests for information, number of materials distributed, and visitor
comments recorded by the park staff. Funding for the project will be presented with information on the
funding organizations, Problems and recommendations for future projects will be noted. A set of final
design plans will be included,
SPECIFIC OUTPUTS/DELlVERABLES:
DELlVERABLEI
ACTIVITY
Construction permits
Removal of shoals
Grading
Diversion structure
Planting
Monitoring
Progress reports
Final design plans
Draft Report
Final Report
Slide log of progress
Project summary
Distribution of data
Stormdrain stenciling
Distribution of brochures
Distribution of educational
materials
Visitor surveys
BENEFITS
DEP Contract No. WM781, Attachment A, Page 8 of 11
TASK/ACTIVITY START COMPLETE
Task 1. Construction Permits Task Completed Task Completed
Task 2. Progress Reports Monthly Monthly
Task 3. Public Involvement Program Ongoing Ongoing
Task 4. Final Design Plans Task Completed Done
Task 5. Bid And Award Services Underway Underway
Task 6. BMP Implementation To commence upon July 2001
. Construction Administration Agreement execution.
. Construction Management
. Construction
Task 7. Slide Log September 2000 December 2001
Task 8. Post-Construction Monitoring
. Sediment Samples December 2001 February 2002
. Water Quality Samples December 2001 February 2002
. Plant Monitoring July 2001 September 2002
Task 9. Draft Report September 2002 October 2002
Task 10. Final Report November 2002 December 2002
PROJECT BUDGET:
GRANT FUNDING REQUESTED: $242,000
Estimated Project Costs by Activity
The Project Team (City of Clearwater, Pinel/as County & SWFWMD) has spent $50,000 to develop
construction plans for the project. The funding requested is for the project implementation only.
DELIVERABLE/ACTIVITY PROJECT 630/0 NON-FEDERAL MATCH 37% FDEP
COST
Tampa Clearwater SWFWMD Pinellas 319h
Bay County
Estuary
Program
Staff $105,000 $105,000
EquipmenUsupplies $ 5,000 $5,000
Contractual $ 7,000 $7,000
BMP Construction $499,500 $37,500 $65,780 $110,000 $44,220 $242,000
Public Education $ 10,000 $10,000
Monitoring $ 15,000 $15,000
Total $651,500 $37,500 $217,780 $110,000 $44,220 $242,000
DEP Contract No. WM78I, Attachment A, Page 9 of II
BUDGET BY TASK~
TASK 319h FUND NON-FEDERAL
MATCH
Task 1, Construction Permits $ 0 $ 2,000
Task 2. Progress Reports $ 0 $ 6,000
Task 3. Public Involvement Program $ 0 $10,000
Task 4. Final Design Plans $ 0 Done
Task 5. Bid And Award Services $ 0 $ 4,000
Task 6. BMP Implementation
. Construction Administration $0 $ 5,000
. Construction Management $0 $100,000
. Construction $242,000 $257,500
Task 7. Slide Log $ 0 $ 2,000
Task 8. Post-Construction Monitoring $ 0 $ 15,000
. Sediment Samples
. Water Quality Samples
. Plant Monitoring
Task 9. Draft Report $ 0 $ 4,000
Task 10. Final Report $ 0 $ 4,000
Total $242,000 $409,500
Other Funding (not match - by Clearwater) Please note that the project is currently in the bidding phase
and that any additional costs for the project to be determined will be funded by the City of Clearwater.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. WM781, Attachment A, Page 10 of 11
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DEP Contract No, WM781, Attachment A, Page 11 of 11
QA Data Validation
Rev. 7, June 2000
ATTACHMENT B
Analytical Data Validation Requirements
For Department Contracts
I. INTRODUCTION
Environmental studies or measurements are contracted out by the Department (DEP) on an as
needed basis. Some contracts include requirements for sampling and analytical test procedures.
Analytical parameters and methods are also commonly specified in such contracts or in individual
task assignments. Each contract/task which involves sampling and/or analysis activities may
require the preparation of a site- or project-specific QA Project Plan (QAPP) on DEP Form 62-
160.900(1), which references the contractor's and/or subcontractor's Comprehensive Quality
Assurance Plan (CompQAP). In certain cases, and at the discretion of the DEP Project Manager,
different quality assurance requirements may be specified (e.g., CompQAP, Research QAP, etc.).
The type of quality assurance plan required will be stipulated in the contract/task language, in
addition to any contract/task-specific data quality objectives (DQO's) not already addressed in any
associated quality assurance plan,
While routine data validation, reduction and reporting requirements are addressed in an
organization's approved CompQAP, these guidelines establish additional uniform requirements for
analytical data validation, documentation and reporting. They shall be followed by all contractors
and subcontractors involved with the sampling and/or analysis specified by the contract.
Additional requirements may be designated by the DEP Contract Manager.
These guidelines do not impose any analytical quality control (QC) requirements beyond those
already included in the DEP approved methods (as referenced in DEP QA-001l90) and Chapter 62-
160, F.A.C., but are meant to complement the contractor's CompQAP(s). Their purpose is to further
assure that legally defensible data will be generated which meet U.S. Environmental Protection
Agency criteria without following the full EP A Contract Laboratory Program (CLP) protocols. In
addition, these guidelines define in more precise terms the requirements for storage of analytical
raw data, field documentation and records, custody records, and non-reportables so that the audit
and review of these documents can be facilitated.
II. RECORDS RETENTION
All laboratory and field records described in section III, IV and V should be maintained in project-
specific task/project files. These files should contain the original data or records. However, if this
is impractical, copies of the pertinent information, or unambiguous and accurate cross-references to
the location of the original documentation, shall be maintained in the project-specific task/project
file(s) ,
Active files shall be maintained for a period of at least one year from data generation. All records,
as specified in Sections 62-160.600, F,A,C., shall be retained for at least five years after project
completion.
DEP Contract No. WM781, Attachment B, Page 1 of 6
QA Data Validation
Rev. 7, June 2000
III. LABORATORY REPORTING LEVELS AND DELIVERABLES
The analytical laboratory data required by the subject investigations shall meet the general QA for
the EPA level III classification (i.e., qualitative, quantitative and legally defensible). Each
laboratory shall perform internal data validation according to protocols specified in their approved
CompQAPs or Research QA Plans (RQAPs). The minimum quality control data to be included in
each laboratory analysis report is specified below, The laboratory QA officer is responsible for this
data, At the discretion of the DEP project manager, the laboratory may be asked to provide routine
QA reports to the DEP which will include any additional remarks concerning the validity or quality
ofthe analytical data.
The following shall be supplied as a part of the laboratory deliverables:
1. All information specified by Section 62-160.670, F.A.C.;
2, Sample specific method detection limits for each parameter (see DEP QA 001/90 for
specific definitions and calculations);
3. Results of all field-generated quality control samples:
a. Trip Blanks (if applicable);
b. Equipment blanks;
c. Field duplicates;
d. Field blanks (if analyzed and/or required);
e. Field spikes (if identified, analyzed and/or required).;
4. Results of laboratory quality control data for replicates and spikes. This shall include for
each parameter and matrix:
a. Sample ill # used for QC sample;
b. Calculated % RSD for replicates (Relative Percent Difference (RPD) may be used for
reporting duplicate precision) ;
c. Calculated % recovery; and
d, Control limit values utilized for precision and accuracy for each parameter/matrix;
5. At the discretion of the DEP project manager, routine quality assurance reports shall be
submitted in accordance with the format specified by the project manager. These reports
shall address any problems or difficulties encountered in meeting the specified
project/contract DQO's.
The above shall apply to all analyses and will assure that the DEP project manager is apprised,
through each laboratory report, on the quality level of the analytical data and its ability to meet the
DQO's specified in the contract and/or quality assurance plan.
IV. FIELD DATA VALIDATION
The validation and documentation of data generated in the field (e.g., conductivity, pH, temperature,
etc.) is only applicable if the contract specifies field work to be performed by the contractor.
All field information shall be recorded in field records, as approved by the Department's
Environmental Assessment (EA) Section, and be made using non-erasable, waterproof ink, If
standardized forms (e.g., field trip approval form, field sampling request form, field data sheet, well
DEP Contract No. WM781, Attachment B, Page 2 of 6
QA Data Validation
Rev. 7, June 2000
sampling data log, equipment calibration forms, sample custody records, etc.) are used, these shall
be assembled into logbooks, sequentially numbered, and maintained in a project file. If it is
impractical to maintain all original documents in a central project file, copies of the pertinent
information, or unambiguous and accurate cross-references to the original documentation, shall be
maintained in the project-specific task/project file(s). The organization shall maintain all other
project information as specified in Sections 5.1, 5.2 and 5.3 ofDEP QA-001/92 (DEP SOPs). Other
field documentation such as photographs, memoranda or task orders shall also be maintained in the
project file(s).
The field data validation process shall follow the contractor's CompQAP and the protocols specified
in Section 10 ofDEP QA-001/92. Field team leaders shall be responsible for initial data validation
including:
a. the use of properly calibrated instruments;
b. following DEP approved methods as outlined in the relevant CompQAPs or QAPP;
c. reviewing and documenting acceptance of the results from field QC samples (e.g., trip
blanks, duplicates, etc.) and field calibration checks; and
d. making careful, accurate and complete records of field activities as specified in Chapter 5 of
the DEP SOPs.
The overall project validation as specified in Section 10.3 of the DEP QA-001l92 shall be
conducted by the contractor's designated project manager(s) or task manager(s). Project validation
shall be conducted in a manner in which inability to meet project/contract DQO's are specifically
addressed.
V. LABORATORY DATA VALIDATION
The in-house data validation process begins with the analyst at the bench level and concludes with
an independent review of data by the supervisor and laboratory QA officer. Specifically, the data
must be reviewed and assessed in terms of its ability to meet the DQO's as specified in the
project/contract. The data validation process shall include:
a. the recalculation of at least 5% of the test results for each analytical batch, parameter group
and matrix. The samples that are checked in this manner shall be randomly selected, and
apply to the analytical batch containing DEP samples. The DEP samples shall not be
considered apart from other client samples that are included in the sample batch;
b. verification of all supporting functions (e.g., sample preparation, calibration, standard
preparation, etc.);
c. review, assessment, and acceptance/rejection based on quality controls;
d. assessment of data in terms of its ability (or lack thereof) to meet project/contract-specified
DQO's, and;
e. all other report and data validation requirements as specified in DEP-QA-00l/92, Section
10.
The list of laboratory reportables is specified in Section III. The list of non-reportables is listed
below for inorganics and organics. Non-reportable data/records shall be kept in central files with
DEP Contract No. WM781, Attachment B, Page 3 of 6
QA Data Validation
Rev. 7, June 2000
the relevant reportable data. If it is impractical to maintain all original documents in a central
project file, copies of the pertinent information, or unambiguous, accurate cross-references to the
location of the original documentation, shall be maintained in the project-specific task/project
file(s). The laboratory QA officer(s) shall be responsible for the completeness and accuracy of these
files.
V.A. General Non-reportables
The following information shall be included for each task/project:
1. A chronological master list of laboratory tracking sample ID numbers correlated with field
sample ID numbers (per batch) and sample analysis batch identification to correlate quality
control samples to the applicable analysis batch;
2. Copies of the chain of custody forms signed by the sample collector and laboratory sample
custodian;
3. A narrative summary identifying any QA or sample problems and the specific corrective
action measures that were taken to correct the problem(s);
4. Concentration of calibration standards with acceptance criteria, their preparation and
traceability, including initial calibration data and internal or external standard parameter
( compounds) and concentrations;
5. Results of batch-applicable continuing calibration verification standards (CCVS) and/or
system performance check compounds, percent recoveries and expected values;
6. Results of batch applicable laboratory control samples (LCS) or QC check sample
recoveries and expected values or results of independent QC Samples (EPA, NIST, etc.)
with expected values and percent recoveries;
7. Results of method (laboratory control) blank analyses;
8. Results of matrix spikes, calculated percent recoveries, control limits and their source;
9. Results of surrogate spikes, percent recoveries and control limits (where applicable);
10. Results of laboratory replicates (matrix spike duplicates or laboratory replicates),
calculated percent recoveries and % RSD (%RSD or RPD for duplicates) amongst
replicates, control limits and their source (summary is reportable);
11. Results of analytical (post-digested) spikes when used or required to determine matrix
effects;
12, Identification, raw data and results (including acceptance/rejection) of all continuing
calibration standards analyzed as a requirement of Chapter 62-160, F.A.C.;
DEP Contract No. WM781, Attachment B, Page 4 of 6
QA Data Validation
Rev. 7, June 2000
13. Results and raw data from all performance evaluation and/or QC check samples analyzed
during the project; and
14, Sequential measurements readout records (including calibration curves), digestion logs,
raw data calculation worksheets, and chromatograms (where applicable) for all samples,
standards and QC samples (blanks, duplicates, spikes, etc.).
V.B. Inorganics Non-reportables
For analyses involving the use of atomic absorption (flame or furnace) spectroscopy (AAS),
inductively coupled plasma (ICP), ion chromatography (IC), light (visible, UV and IR)
spectroscopy, and turbidimetric, gravimetric, titrimetric and auto analyzer procedures, the following
data shall be maintained in the project file (or linked through unambiguous, accurate cross-
references to the original documentation) in addition to the data specified in V.A above:
1. Results of interference check sample (CS) analysis and expected values (ICP only); and
2. Results of dilution check samples (DCS) analysis and expected values (when required
and/or used).
V.C. Organics Non-Reportables
1, Gas Chromatography - For analysis by GC, all applicable records specified in V.A. above
shall be on file. In addition, the calculated response factors (if used) for all compounds at
each concentration level which shows linear invariance shall be documented.
2. Gas Chromatography/ Mass Spectroscopy - In addition to the information listed in V.A.
and V.C.l., the following shall be maintained:
a. GC/MS tuning and mass calibration data including summary for tuning compounds
indicating compliance with acceptance criteria; and
b, Chromatograms and mass spectra for all samples, standards and QC samples.
V.D. Microbiology Non-Reportables
In addition to the applicable records specified in V.A, the documentation and raw data
demonstrating compliance with DEP minimum QC requirements shall be maintained in the project
files (or shall be maintained in linked files using unambiguous cross-references to the original
documentation) :
1. Results and documentation for dilution and sample carry over blanks;
2. Documentation and results of positive duplicate samples with acceptance criteria;
DEP Contract No. WM781, Attachment B, Page 5 of 6
..
QA Data Validation
Rev. 7, June 2000
3, Positive and negative control records for media (including source of microorganisms);
4, Records of Water Quality Indicators as specified in 9.1.2.2.d of QA-001l92 (includes
laboratory performing tests if not analyzed in-house);
5, Records showing verification and/or confirmation of positive confirmed samples (9,1.2.2.f
ofQA-001l92); and
6. Media preparation records including preparation dates, and pH or source and lot number of
purchased pre-made media.
V.E. Bioassay Non-Reportables
In addition to maintaining the applicable records in V.A and V.B, the organization shall maintain
the following records in the project file (or in linked files using unambiguous cross-references to
the original documentation):
1. Raw data, calculations, and records associated with each test;
2. Results and raw data associated with reference toxicants;
3. Records pertaining to the origin, identification, culture and maintenance of species; and
4. All records on temperature, light measurements and feeding regimens.
V.F. Macrobenthic Invertebrate Identification Non-Reportables
In addition to the applicable records in V.A, the following shall be maintained in the project file (or
in linked files using unambiguous cross-references to the original documentation):
1. Specimen collection that may have been used in identifying organisms (including source);
2. Documented internal verification of all phases of the identification procedures;
3. Documented use of external experts to corroborate the findings (include name of
individual(s) and CompQAP #); and
4. Record of keys used for identification.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. WM781, Attachment B, Page 6 of 6
.
ATTACHMENT C
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
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 actual 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:
(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.
(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.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
DEP Contract No. WM781, Attachment C, Page 1 of 1
ATTACHMENT D
RELEASE OF CLAIMS BY CONTRACTOR ON EPA SUBAGREEMENT
IN ACCORDANCE with the final payment provisions of DEP Contract No. WM781, the
CONTRACTOR hereby releases the DEP and the EP A from any and all claims that may arise under, or
by virtue of, the contract, except those claims which may be specifically exempted and set forth herein.
Specific Exemptions: (attach additional sheet(s) if necessary)
DEP CONTRACT NO.:
WM781
CONTRACTOR:
CITY OF CLEARWATER
PUBLIC WORKS
ATTN: MR. TERRY FINCH
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 33758-4749
SIGNATURE OF AUTHORIZED INDIVIDUAL
DATE
TITLE:
NOTARY:
STATE OF
COUNTY OF
Sworn to and subscribed before me this
day of
,20
Signature of Notary Public
Print, Type or Stamp Commissioned Name of Notary Public
Personally Known or Produced Identification
Type of Identification Produced
DEP Contract No. WM781, Attachment D, Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Department of Environmental Protection (which may be referred to as
the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-B3, as revised (see "AUDITS"
below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits as defmed by OMB Circular A-B3, as revised, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department of Environmental Protection. In the event the Department of Environmental Protection determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-B3, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, as
revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of
Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal funds received from the Department of
Environmental Protection. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-B3, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions OMB Circular A-B3, as revised, will meet the requirements
of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-B3, as revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions ofOMB Circular A-B3, as revised, is not required. In the event that the recipient expends
less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A-B3, as revised, the cost of the audit must be paid from non-Federal funds
(i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at http://aspe,os.dhhs.gov/cfda.
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
DEP Contract No. WM781, Attachment E, Page 1 of 5
.
1. In the event that the recipient expends a total amount of State awards (i.e., State fmancia1 assistance provided to
the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient,
the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215,97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and
Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded
through the Department of Environmental Protection by this agreement. In determining the State awards
expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds
received from the Department of Environmental Protection, except that State awards received by a nonstate
entity for Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
reporting package as defmed by Section 215,97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance
with the provisions of Section 215,97, Florida Statutes, is not required. In the event that the recipient expends
less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the
cost of such an audit must be paid from recipient funds obtained from other than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance
(CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.fl.us/fsaa/ for
assistance. In addition to the above website, the following websites may be accessed for information: Legislature's
Website http://www.Ieg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and
Finance's Website http://www.dbf.state.fl.us/aadir/FSAAlndex.html. and the Auditor General's Website
http://sun6.dms.state. fl.usl audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or
State audit requirements).)
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-B3, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as
revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Mr. David Worley
Florida Department of Environmental Protection
Bureau of Watershed Management
2600 Blair Stone Road, MS#3570
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
DEP Contract No. WM781, Attachment E, Page 2 of 5
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C, Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A-133, as revised,
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by
the auditor, to the Department of Environmental Protection at each of the following addresses:
Mr. David Worley
Florida Department of Environmental Protection
Bureau of Watershed Management
2600 Blair Stone Road, MS#3570
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the
recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Mr. David Worley
Florida Department of Environmental Protection
Bureau of Watershed Management
2600 Blair Stone Road, MS#3570
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B, The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
DEP Contract No, WM781, Attachment E, Page 3 of 5
Mr. David W orIey
Florida Department of Environmental Protection
Bureau of Watershed Management
2600 Blair Stone Road, MS#3570
Tallahassee, Florida 32399-2400
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the
audit report.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers
are made available to the Department of Environmental Protection or its designee, upon request for a period of 3
years from the date the audit report is issued, unless extended in writing by the Department of Environmental
Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No, WM78 I , Attachment E, Page 4 of 5
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ATTACHMENT F
Approved by OMB
0348.0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U,S,c. 1352
(See reverse for public burden disclosure,)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
D
a. con tract
b, grant
c, cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
D
a, bid/offer/application
b, initial award
c. post-award
D
a. initial filing
b, material change
For Material Change Only:
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 of Prime:
o Prime
o Subawardee
Tier
, ifknown:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program NameJDescription:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, ifknown:
$
10, a, Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 100)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, ifnecessary)
11. Information requested througb tbis form is authorized by tide 31 U.S.c.
section 1352. Tbis disclosure of lobbying activities is I material
representation of fact upon whlcb reliance was placed by tbe tier above
wben this transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.c. 1352. Tbis Information will be reported to
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
penalty of not less than $10,000 and not more tban $100,000 for eacb such
failure.
Signature:
Print Name:
Title:
Telephone No.:
Date:
Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
DEP Contract No. WM781, Attachment F, Page 1 of 2
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 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
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
sub grants 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 (lFB) number; grant announcement
number; the contract, grant, or loan 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.
DEP Contract No. WM781, Attachment F, Page 2 of 2
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
Required for all contractors and subcontractors
I. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3, Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this
day of
,20 .
By
Authorized Signature/Contractor
Typed Name!ritle
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Codeffelephone Number
DEP FORM 11-043 Rev(05/95)
DEP Contract No. WM781, Attachment G, Page 1 of2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
I. By signing and submitting this form, the certifying party is providing the certification set out below,
2, The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with
which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202)
501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings,
9, Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
DEP FORM 11-043 Rev(05/95)
DEP Contract No. WM781, Attachment G, Page 2 of 2