Item FBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 09/02/2015 Division: Public Works
Bulk Item: Yes X No _ Department: Wastewater
Staff Contact Person/Phone #: Kevin Wilson — ext. 8797
AGENDA ITEM WORDING: Approval of 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. LP 44072.
ITEM BACKGROUND: In February 2008, the Florida Legislature approved issuance of $200
million in Everglades Restoration bonds for wastewater projects in the Florida Keys. In 2012, the
Legislature appropriated funds for the first $50 million bond issuance and earmarked $30 million from
the bond issuance for the Cudjoe Regional wastewater project ("Project"). On June 13, 2013, Monroe
County and DEP entered into DEP Agreement No. LP 44072, pursuant to which the County received
$30 million against (then) Project costs of $142.3 million.
In 2014 (Year Two of Four) for a second $50 million bond issuance, with proceeds from the bonds to
be distributed according to interlocal agreements between the participating jurisdictions.
Key Largo Wastewater Treatment District ("KLWTD") was to receive $17 million from that issuance.
On May 20, 2015, the BOCC approved an interlocal agreement with the Key Largo Wastewater
Treatment District to re -sequence the distribution of Mayfield Grant Year Two of Four funding.
Pursuant to that ILA, KI..WTD will assign its $17 million grant allocation from Year Two of Four. The
County will repay the funds over time from infrastructure sales surtax proceeds.
PREVIOUS RELEVANT BOCC ACTION: May 20, 2015 approval of ILA with KLWTD to re -
sequence $17 million Year Two of Four Mayfield Grant funds in exchange for repayment using
infrastructure surtax funds.
CONTRACT/AGREEMENT CHANGES: Increases grant by $17 million; extends date of
substantial completion from December 31, 2015 to December 31, 2016; revises final Disbursement
Request Package submittal date from February 15, 2016 to February 28, 2017; deletes Attachment A,
Project Work Plan in its entirety and replaces it with Attachment A-1, Revised Project Work Plan.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: State Funds
REVENUE PRODUCING: Yes X No AMOUj(NiT�ER MONTH —Y r varies
APPROVED BY: County Atty OMB/Purchasing`' Risk Management
DOCUMEENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DE1', '
Contract # Amend. 1 LP44072
Effective Date: 09-02-205:.
Expiration Date:
Contract Purpose/Description:
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Contract Manager: Kevin wlis '6 '' 8797 _ Public W'r 1Eng. #1" �
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on
Agenda Deadline: _Emergency: Add --On_
09-02-2015
CONTRACT COSTS
Total Dollar Value of Contract: $ 150;3;48;998 , " Current Year Portion: $ 17,0.0000
Budgeted? Yes® No ❑ Account Codes: - -
Grant: $ - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
Not included in dollar value above) (e.. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date Out
Department Head
Date In Needed
YesO No❑
/• .ReTie" ler
ll
8/30/2015
Risk Management
YesO Nzl�
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O.M.B./Purchasing
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3esE1 NoCa
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County Attorney 28
Aug 2015 YesO No®�
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28 Aug 2015
Comments:
OMB Form Revised 2/27/01 MCP #2
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 29, 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
By: BY:
Mayor Program Administrator
State Revolving Fund
Date: Date:
Tim Banks, DEP Grant Manager
FEID No.:
Approved as to form and legality:
MONROE COUNTY ATTORNEY
APPROVED /A/S,TSO FORM
oe--� 4. tM'�'t
Assistant County Attorney
List of attachments/exhibits included as part of this Agreement:
Letter/
Specify Type Number Description (include number of pages)
Attachment A -I Revised Project Work Plan (3 Pages)
Revised 7/14
DEP Agreement No. LP44072, Amendment No. 1, Page 3 of 3
ATTACHMENT A-1
REVISED PROJECT WORK PLAN
MONROE COUNTY
LP44072
Project Title: Cudjoe Re ional Wastewater S stem
zF
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)
16toMM34.
IMIN
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 Sanctum
u
�i'
Project Description: The project co
nsists 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 I 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 a2pro2riate standards.
Expected DE
Task Cost Grant Funding
Wastewater Treatment Plant WTP /AWRF
Bonds & Insurance — Not eligible for funding
$303,692
Mobilization
$404,922
Site Work Phase 1
$723,075
Site Work Phase II
$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
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Eiectrw for aii aicab
Instrumentation & Controls
SUBTOTAL WWTP/AWRF
$774,724
$29.871,998
$11,183,844
inner Island t'
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
SUBTOTAL INNER ISLANDS
$264,850
$34,419,561
$13,026,507
Outer Island olle
Mobilization of contractors
$1,500,000
Revised 6/15
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
Bijz 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 — design & 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
$7,000 000
Grand Total
$150,348,998
$47,000,000
Revised 6/15
DEP Agreement LP44072, Attachment A-1, Page 3 of 3