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3rd Modification 06/16/2010DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 17, 2010 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contracts Administrator FROM: Isabel C. DeSantis D. C. 08-eC • 30- if - Sy-o 1- o 39 At theJune 16, 2010, Board of County Commissioner's meeting, the Board granted approval and authorized execution an extension to the State HB7121 Grant for Design and Construction of an Emergency Operations Center. Enclosed are five (5) sets of the above -mentioned executed by Monroe County for your handling. Please be sure that the sets marked Monroe County Clerk's Office Original and Monroe County Finance Department's Copy are returned to my attention as quickly as possible. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File 3 4. •k,:y.�.� . Contract Number: 08-EC-30-11-54-01-039 MODIFICATION # 3 TO SUBGRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division provided a sub -grant of $1,099,513 of this amount $1,029,547 in state funds and $69,966 in federal funds for Phase I; and WHEREAS, the Agreement expires on June 30, 2010; and WHEREAS, the Division and the Recipient desire to modify the Agreement by extending certain dates; and WHEREAS, both parties wish to extend the time frame for the expenditure of the state funds until June 30, 221013; and WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the Exhibit 1; -and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby extended through June 30, 2013. 2. The Exhibit 1 to this agreement, is herby deleted in its entirely, and the Revised Exhibit 1, which is attached hereto and incorporated herein by reference, is substituted in its place and stead. The Revised Exhibit 1 contains the amended federal language. 3. The Budget and Scope of Work, Attachment A, to this Agreement, is hereby amended to included the Revised Budget and Scope of Work, Revised Attachment A -State, to this Modification, which are attached hereto and incorporated herein by reference, are substituted in its place and stead. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. INI WITNESS WHEREOF, the parties hereto have executed this document on the dates set out below. RECIPIENT: MON BY: NAME TITLE: DATE: COUNTY f/- STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: I Da d HhIstead, Direi E: (1P - 10 �1 Vc//Ir(, k1-7 li-;, uv� r)fP'JTY El • CZ r co CD rr7 CZ) _-;0 Q? REVISED EXHIBIT — 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant Catalog of (Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $69,966 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities; include mitigation projects that: will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited to: • Acquisition of hazard prone properties • Retrofitting of existing buildings and facilities • Elevation of flood prone structures • Infrastructure protection measures • Storm water management improvements • Minor structural flood control projects • Relocation of structures from hazard prone areas • Retrofitting of existing buildings and facilities for shelters • Vegetative management/soil stabilization • Mitigation Planning Project • Other projects that reduce future disaster losses 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program provide the same information shown below for each Federal program and show total State resources awarded for matching. SUBJECT TO SECTION 215.97, FLORIDA STATUTES' NOTE: If the resources awarded to the recipient represent more than one State Droiect provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project State of Florida — Division of Emergency Management CSFA # 52.010 $1,029,547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 4 Revised Attachment A State Budget and Scope of Work I. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and wastewater systems, etc.). B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The: Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house people and equipment for day-to- day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and a workspace floor area of 5,270 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 225 miles per hour (3 second gust) Wind Importance Factor, / = 1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCpi = +/_ 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. 61 G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2'W" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance: factor, l; 4. design wind exposure category; 5. wind directionality factor, Kd; 6. design internal pressure coefficient, GCp4, 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The slowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feel:; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code—Plurnbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable :statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best -practices guide(s) as approved bey the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." PRODUCT ITEMS A. Per item IN, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this product item. B. Per item LC, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The: Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. F. The; construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. G. Per item 1.6, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to meet this product item. I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. 7 111. SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of -work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2012, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Monroe PROJECT PHASE Start Date End Date DEM Funds Other Funds Board Contract Approval Initial Payment of 20% in first quarter A&E Firm Selection Site Survey and Soil Testing Spatial Needs Assessment Preliminary Design, 70% complete Preliminary Design, 100% com ►lete Regulatory Review Bid Document(s) Development & Award Notice to Proceed/Mobilization Construction Project Management & Special Inspections Construction 25% Complete Construction 50% Complete Construction 100% Complete Contingency Administrative Fees; maximum of 5% Sub -Totals $ TOTAL Estimated Project Cost r,«c - ruc"ILMAUrai ana Engineering; utm — uivision of Emergency Management; FY - Fiscal Year Table SW-2. Cost Data for County Emergency Operations Center Table SW-2. Cost Data for County Emergency Operations Center County Name: Monroe NO. System/Component Description Estimated Cost A. SUBSTRUCTURE 1010 Foundation 1020 Slab -on -Grade 2010 Excavation 2020 Basement Walls 2030 Elevated Foundation B. SHELL ENVELOPE 810 Superstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load -Bearing Wall B20 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Cladding 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors B30 Roofin 3010 Roof Coverings 3020 Roof Openings 3021 Soffits C. INTERIORS 1010 Partitions 1020 Interior Doors 1030 Fittings 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 3030 Ceiling Finishes D. SERVICES 13'10 Conve in 1010 Elevators & Lifts 1020 Escalators & Walks D20 Plumbin 2010 PW—mbing Fixtures 2020 Domestic Water Distribution 2021 Back-up Potable Water S stem 2040 Rainwater Drainage D30 HVAC 3010 nergy Supply 3020 Heating System 3030 Cooling System 10 3050 Terminal & Package Units 3090 Other HVAC Sys. D40 Fire Protection 4010 Sprinkler Sys. 4020 Standpipe Sys. 4030 Other Sys. D50 Electrical 5010 Elec. Service & Distribution 5020 Lighting & Branch Wiring 5030 Communications & Security 5090 Other Elec. Sys. 5091 Generator S s. 5092 UPS Sys. E. EQUIPMENT & FURNISHINGS 1010 Commercial Equip. 1020 Institutional Equip. 1030 Vehicular Equip. 1090 Other Equip. 1091 AudioNideo Equip. 1092 Special Telecom 1093 Information Tech. 1094 Geo. Info. Sys. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 Comm. Tower 1043 Heli ad 1090 Other G. BUILDING SITEWORK 1010 Earthwork 1020 Roadway & Parkin 1030 Drainage & Flood Control 1040 Measures 1090 -Security Other Sitework 11