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1st Amendment 09/02/2015AMY REAVILIN, CPA CLERK OF CIRCUR COURT &COMPTROLLER MoxnoE cauimr, FLORIDA DATE: September 23, 2015 TO: Tina Losacco Sr. Engineering Technician FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller At the September 2, 2015 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item F Amendment 1 to Department of Environmental Protection (DEP) Agreement No. LP44072, the Year Two of Four Mayfield Grant for the Cudjoe Regional Wastewater Project; and authorization for the County Administrator or his designee to sign future amendments to Agreement No. LP44072. The enclosures are not fully executed; it must be executed by the State of Florida Department of Environmental Protection and then forward to the Clerk for finalization. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146 paPa,e�v Florida Department of Governor Environmental Protection Carlos Lopez - Cantera Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Jonathan P. Steverson �, •ntal P Secretary,,.. FED EX DELIVERY - SIGNATURE REQUIRED �� ° c C 15 2015 DC Ms. Pamela Hancock . <`_' � Executive Assistant -- Monroe County 1100 Simonton Street Key West, Florida 33040 Re: LP44072 —Monroe County Cudjoe Regional Wastewater System Dear Ms. Hancock: Enclosed are two originals of Amendment 1 to Monroe County's wastewater improvement project. The amendment provides an additional $17,000,000, reallocates the budget, and extends the date of completion for the project. The amendment is now in effect. If we may be of further assistance, please contact Tim Banks at (850) 245 -2969. Sincerely, Angela echt, Program Administrator State Revolving Fund Management AK/ph Enclosures cc: Robert Shillinger, Esq. — Monroe County (Shillinger- Bob @monroecounty - fl.gov) Roman Gastesi — Monroe County (Gastesi- Roman @monroecounty - fl.gov) Kevin Wilson — Monroe County (Wilson- Kevin @monroecounty - fl.gov) www, dep.state. fl. us STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP44072 MONROE COUNTY AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 13th day of June, 2013, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department ") and MONROE COUNTY (hereinafter referred to as the "Grantee ") is hereby amended. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". WHEREAS, funding in the amount of $17,000,000 was provided for the project generally described in the proviso language included with line items 1626A and 1672 of the 2014 -2015 General Appropriations Act; and, WHEREAS, an increase in the above referenced grant is provided; and WHEREAS, the Grantee has requested a reallocation of the budget for the project; and, WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and, WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: Section 3A. of the Agreement is hereby deleted and replaced with the following: A. As consideration for the services satisfactorily rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $47,000,000 toward the total estimated project cost of $150,348,998. In all events the Grantee shall complete the work described in Attachment A -1 no later than December 31, 2016. The Grantee shall establish and collect sufficient local rates, fees and other charges, and undertake such other financial arrangements as are necessary to timely complete the entire project. If the Grantee fails to substantially complete the work described in Attachment A -1, as it may be amended from time to time by mutual agreement, the Grantee shall repay all grant funds disbursed or such portion of the funds as the Department requires. The Department may use any and all remedies available to compel repayment. Revised 7/14 DEP Agreement No. LP44072, Amendment No. 1, Page 1 of 3 2. Section 3B. of the Agreement is hereby revised to change the final Disbursement Request Package submittal date from February 15, 2016, to February 28, 2017. 3. Attachment A, Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A -1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, shall hereinafter refer to Attachment A -1, Revised Project Work Plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7/14 DEP Agreement No. LP44072, Amendment No. 1, Page 2 of 3 This Amendment 1 to State Financial Assistance Agreement LP44072 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Secretary or Designee of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Department. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION W, M i 6-40M MONROE COUNTY Y Ai iORNEY APPROVED AS TO FORM 0 A e-; 94 !+ tpi:7v e y Date: Id / s -� /j =; 134 Tim Banks, DEP Grant Manager Approved as to form and legality: List of attachments/exhibits included as part of this Agreement: Letter/ _ _ Specify Type Number Description (include number of pages) =� Attachment A-1 Revised Project Work Plan (3 Pages) r Revised 7114 DEP Agreement No. LP44072, Amendment No. I, Page 3 of 3 ATTACHMENT A -1 REVISED PROJECT WORK PLAN MONROE COUNTY LP44072 Project Title: Cudjoe Regional Wastewater System Project Location: The project is located completely within Monroe County covering seven islands of the lower Florida Keys. The service area covers approximately mile marker (MM) 16 to MM 34. Project Background: The Cudjoe regional wastewater treatment system will serve approximately 7,400 developed parcels in the lower Florida Keys. It is the last major component of the County's Wastewater Master Plan to meet the requirements of s. 403.086(10), Florida Statutes. The project will reduce nutrient loading into Florida Bay and the Atlantic Ocean and help restore healthy water quality to nearshore waters in the Florida Keys National Marine Sanctua Project Description: The project consists of construction of a regional sewage collection, transmission, and treatment system covering seven islands of the lower Florida Keys. The service area covers approximately MM 16 to MM 34 and includes approximately 7,400 land parcels and 8,800 Equivalent Dwelling Units (EDUs). It includes the Cudjoe Key Advanced Wastewater Reclamation Facility (AWRF) to be located on existing County property on Cudjoe Key. The collection system uses a mix of gravity and low pressure technology. The Inner and Outer Island collection /transmission systems will be constructed in parallel with the treatment plant over an estimated 4 year period starting in early 2013. A preliminary construction and expenditure reimbursement forecast is attached to this form. Under the Interlocal Agreement, The Florida Keys Aqueduct Authority (FKAA) is responsible for managing construction of the system and for operation of the system when complete. Monthly reimbursement requests may be submitted documenting the percent complete for each major unit description included in the table of individual tasks and costs below. Expected total reimbursements for each project phase are also shown. Percentage complete for payment purposes must be accompanied by the engineer's certification as required in paragraph 3.13. of the Agreement. Timeline for completion: December 31, 2016 Performance Measures: • Design item reimbursements (on the Design -Build contract for the Outer Islands Collection & Transmission system) will be requested based on delivery of the 60% complete and 100% complete design documents and shall meet Department requirements for financial assistance under the State Revolving Fund loan program. • Construction reimbursements will be based on certification by on -site engineer that materials and construction work are in accordance with the specifications in approved construction contract documents. Revised 6/15 DEP Agreement LP44072, Attachment A -1, Page 1 of 3 • Engineering inspection will be conducted throughout the life of the project and will be documented by routine site condition reports, construction progress reports and certification of final completion. Florida Keys Aqueduct Authority or contract staff will be on -site full time to confirm construction progress is accurately reflected in pay applications; Monroe County inspectors will be on projects sites to observe progress and assure that County Rights of Way are restored to appropriate standards. Task Cost Expected DEP Grant Fundin Wastewater Treatment Plant WWTP /AWRF Bonds & Insurance — Not eligible for funding $303,692 Mobilization $404,922 Site Work Phase I $723,075 Site Work Phase 11 $817,695 Solids Processing Building $2,518,162 Influent Screen /Flow Equalization Basin $2,322,105 Biological Nutrient Removal Basins $3,583,355 Secondary Clarifiers $1,696,128 Chlorine Contact Basin $851,576 Operations Building $2,134,570 Methanol Tank $480,329 Cloth Disk Filter $599,636 Generator /Fuel Tank $463,801 Return Activated Sludge Pump Station $254,626 Waste Activated Sludge (WAS) Pump Station $230,145 Shallow Injection Wells $267,745 Deep Injection Wells $8,000,000 Plant Drain Pump Station $243,780 Sampler Station $52,939 Glassed Lined Fire Storage Tank $359,988 Electric for all areas $2,789,005 Instrumentation & Controls $774,724 SUBTOTAL WWTP /AWRF $29,871,998 $11,183,844 Inner Island Collection & Trans in ission.-System Upper Sugarloaf — collection $4,010,633 Cud'oe — collection $13,768,476 Summerland — collection $10,586,161 Inner Island Transmission main $5,789,441 Expansion areas — inner $264,850 SUBTOTAL INNER ISLANDS $34,419,561 $13,026,507 Ou ter I land Collection & Transmissi Mobilization of contractors $1,500,000 Revised 6115 DEP Agreement LP44072, Attachment A -1, Page 2 of 3 Bonds & Insurance — Not eligible for funding $1,930,000 Lower Sugarloaf — collection design & permit $250,000 Lower Sugarloaf — collection construction $8,485,479 Lower Sugarloaf — transmission design & permit $360,000 Lower su arloaf — transmission construction $1,943,494 Lower su arloaf expansion — design & permit $11,265 Lower su arloaf expansion — construction $112,000 Ramrod — collection design & permit $225,000 Ramrod — collection construction $6,688,151 Ramrod — transmission design & permit $300,000 Ramrod — transmission construction $2,854,507 Ramrod Expansion — design & permit $23,500 Ramrod Expansion — construction $111,500 Niles Channel Directional drill — design/permit $30,000 Niles Channel Directional drill — construction $3,450,000 Little Torch — collection design & permit $255,000 Little Torch — collection construction $7,292,356 Little Torch — Transmission design & permit $160,000 Little Torch — Transmission construction $1,138,766 Big Pine North collection — design & permit $670,000 Big Pine North collection — construction $20,582,821 Big Pine North transmission — design & permit $250,000 Big Pine North transmission — construction $1,543,661 Big Pine South collection — desi n & permit $465,000 Big Pine South collection — construction $14,398,662 Big Pine South Transmission — design & permit $275,000 Big Pine South Transmission — construction $2,490,102 Big Pine South expansion — construction $1,261,175 SUBTOTAL OUTER ISLANDS $79,057,439 $22,789,649 Construction Engineering and Inspection CEI 57,000,000 Grand Total $150,348,998 $47,000,000 Revised 6/15 DEP Agreement LP44072, Attachment A- 1, Page 3 of 3