Item C1 C.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 8, 2019
Agenda Item Number: C.1
Agenda Item Summary #5469
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to enter into amendment 41 to the $1.5 million
Stewardship Grant LP44073 from the Department of Environmental Protection to authorize
$42,265.44 of remaining funds towards marine debris clearing of canals.
ITEM BACKGROUND: This amendment 41 authorizes the use of$42,265.44 remaining under the
$1.5 Million in Stewardship grant funds for grant LP44073 towards the use of clearing plugged
canals and potentially other canals of marine debris from Hurricane Irma. All other tasks in the grant
were completed and these funds remained and are available for use.
PREVIOUS RELEVANT BOCC ACTION:
02/15/17 Approved entering into a $1.5M income grant from the Department of Environmental
Regulation as part of the Keys Stewardship program for canal restoration projects (for canal 75
backfilling and for canals 48, 59, 79 and 80 for augmented aeration).
01/17/18: Approval to enter into change order 41 to the $1.5 million grant from the Department of
Environmental Protection as part of the Keys Stewardship program for canal restoration projects, to
authorize $147,168 of existing funds towards canal skimming services in lieu of the augmented
aeration projects.
CONTRACT/AGREEMENT CHANGES:
Use remaining funds for Hurricane Irma canal debris clearing services
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Amendment No. 1 to DEP Grant LP44073
DEP Grant LP44073 Fully Executed
LP44073 Monroe County Change Order 1 -final
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FINANCIAL IMPACT:
Effective Date: May 8, 20109
Expiration Date: June 30, 2020
Total Dollar Value of Contract: (See below)
Total Dollar Value of Amendment 2: $0 (not any NEW funds)
Total value of Grant: $1.5 Million Income
Total Cost to County: $0
Current Year Portion: $42,265.44
Budgeted: N/A
Source of Funds: DEP
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: N/A
Insurance Required:
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 04/09/2019 4:53 PM
Pedro Mercado Completed 04/09/2019 5:02 PM
Budget and Finance Completed 04/16/2019 11:26 AM
Maria Slavik Completed 04/18/2019 1:48 PM
Kathy Peters Completed 04/26/2019 4:13 PM
Board of County Commissioners Pending 05/08/2019 10:00 AM
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AMENDMENT NO. I
TO AGREEMENT N .LP44073
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROECOUNTY 6
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This Amendment to Agreement No.LP44073(Agreement)is made by and between the Department of Environmental
Protection (Department), an agency of the State of Florida, and Monroe County (Grantee), on the date last signed E
below.
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WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Canal #75 Backfill E
Restoration and Canal Skimming Demonstration Program Projects,effective April 14,2017;and,
WHEREAS, the Grantee has requested a revision in the scope of work and an extension of the Agreement to allow
time to complete an additional task;and, IL
WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the
Agreement.
NOW THEREFORE,the parties agree as follows:
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1. The Agreement is effective until December 31,2020. The reimbursement period for this Agreement begins
on July 1,2016 and ends at the expiration of the Agreement, The Department and the Grantee shall continue
to perform their respective duties during this extension period pursuant to the same terms and conditions
provided in the Agreement. IL
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2. Section 3.of the Agreement is hereby deleted in its entirety and replaced with the following:
FUNDING/CONSIDERATION/INVOICING:
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A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of S1,500,000 for completion of the work described in Attachment A-2. The parties
hereto understand and agree that this Agreement does not require a match an the part of the Grantee. IL
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B. This Agreement may be amended,through a formal amendment or a change order,only by a written 0
agreement between both parties. A formal amendment to this Agreement is required for changes
which cause any of the following:(1)an increase or decrease in the Agreement funding amount;(2) 6
a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; Z
and/or (4) changes to the cumulative amount of funding transfers between approved budget
categories,as defined in Attachment A-2,Revised Grant Work Plan,that exceeds or is expected E
to exceed twenty percent(20%)of the total budget as last approved by Department.A change order
to this Agreement may he used when: (1) task timelines within the current authorized Agreement
period change;(2)the cumulative transfer of funds between approved budget categories,as defined E
in Attachment A-2, Revised Grant Work Plan, are less than twenty percent (20%)of the total
budget as last approved by Department;and/or(3)fund transfers between budget categories for the
purposes of meeting match requirements.This Agreement may be amended to provide for additional
services if additional funding is made available by the Legislature. ca
C. Prior written approval from the Department's Grant Manager shall be required for changes to this <
Agreement.
i. A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
DEP Agreement No.LP44073,Amendment No. 1,Page I of 5
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between approved budget categories,as defined in Attachment -2,are less than twenty
percent(20%)of the total budget as last approved by the Department. All Change Orders
are subject to the mutual agreement of both parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee's match requirements, a change in the expiration date of the Agreement, and/or d
changes to the cumulative amount of funding transfers between approved budget
categories,as defined in Attachment -2,exceeds or is expected to exceed twenty percent
(20%)of the total budget as last approved by the Department.All Amendments are subject
to the mutual agreement of both parties as evidenced in writing.
DI. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment - , in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment - �-
Revised Payment Request Summary Form,To be eligible for reimbursement,costs must be
in compliance with laws,rules and regulations applicable to expenditures of State funds, including, IL
but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: UIQtp„` ,,, I,y am„u,.; ( ,,,ir�sni/aadi,r,ireferencu g. All invoices for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof, A final payment request should be submitted to the Department no later than
sixty(60)calendar days following the completion date of the Agreement,to assure the availability E
of funds for payment. All work performed pursuant to Attachment A-2 must be performed on or
before the completion date of the Agreement, and the subsequent sixty-day period merely allows M
the Grantee to finalize invoices and backup documentation to support the final payment request.
E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a IL
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment C,Contract Payment Requirements. The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each �-
deliverable: Reimbursement shall be limited to the following budget categories:
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iii. Contractual (Subcontractors) Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved,salary rate per hour,and hours spent on the project. IL
All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30) d
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Subcontracts,
which involve equipment purchases as part of an installation/retrofit or that include
infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial
Officer(CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with
Chapter 69I-72, Florida Administrative Code(F.A.C.). The Grantee shall be responsible
for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this
requirement and ensure its subcontracts issued under this Agreement, if any, impose this
requirement,in writing,on its subcontractors. ca
For fixed-price(vendor)subcontracts,the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed-price subcontracts to
consultants/contractors in performing the work described in Attachment A- .
Invoices submitted to the Department for fixed-price subcontracted activities shall
DEP Agreement No.L44073,Amendment No. I,Page 2 of 5
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e supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process(i.e.,Invitation to Bid or
Request for Proposals)resulting in the fixed-price subcontract.
b. The Grantee may request approval from the Department to award a fixed-price
subcontract resulting from procurement methods other than those identified in the
paragraph above. In this instance, the Grantee shall request the advance written d
approval from theDepartment's Grant Manager of the fixed price negotiated by
the Grantee. 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
Department GrantManager's approval of the fixed-price amount, the Grantee
may proceed in finalizing the fixed-price subcontract. 0
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities. �-
F. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the CL
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Department will periodically request proof of a transaction(invoice,payroll register,etc.)
to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal
guidelines (including cost allocation guidelines), as appropriate. This information, when
requested,must be provided within thirty(30)calendar days of such request. The Grantee
may also be required to submit a cost allocation plan to the Department in support of its E
multipliers (overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at
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G. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program-by-program or aCD
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project-by-project basis. Funds specifically budgeted an for received for one project may Iq
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not be used to support another project. Where a Grantee's, or subrecipient's, accounting CL
system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled,the Department shall have CL
the right to demand a refund,either in whole or in part,of the funds provided to the Grantee
under this Agreement for non-compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department. d
Interest on any refund shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payment(s)are received from the Department by the Grantee to the date repayment is made
y the Grantee to the Department.
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in. In the event that the Grantee recovers costs,incurred under this Agreement and reimbursed
y the Department,from another source(s),the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall C
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to ca
the date repayment is made to the Department by the Grantee.
1 Section 26. is hereby deleted and replaced with RESERVED. Attachment H, Public Records
Requirements as attached to this Amendment,is hereby added to the Agreement.
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4. Section 27 of the Agreement is deleted and replaced as follows:
SCRUTINIZED COMPANIES:
A. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee or its subcontractors are found to have submitted a false 6
certification; or if the Grantee, or its subcontractors are placed on the Scrutinized Companies that
Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
B. If this Agreement is for more than one million dollars, the Grantee certifies that it and its
subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria as identified in Section 287.135,F.S.Pursuant to Section 287.135,
F.S.,the Department may immediately terminate this Agreement at its sole option if the �-
Grantee, its affiliates,or its subcontractors are found to have submitted a false certification;or if the
Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the
Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria
during the term of the Agreement. 0
C. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for M
the performance of work under this Agreement.
D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions then they shall become inoperative. cos
5- Section 31.is added to the Agreement as follows;
REFUND OF PAYMENTS TO THE DEPARTMENT
Any balance ofunobliigated funds that have been advanced or paid must be refunded to the Department.Any
funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the
Agreement must be refunded to the Department.
6 Attachment A-1, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2,
Revised Grant Work Phan,as altached to this Amendment and hereby incorporated into the Agreement.Al!
references in the Agreement to Attachment A-1 shall hereinafter refer to Attachment A-2,Revised Grant 0
Work Plan.
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7, Attachment B, Payment Request Summary Form, is hereby deleted in its entirety and replaced with
Attachment B-1, Revised Payment Request Summary Form, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment B,shall hereinafter refer to Attncliment B-1, E
Payment Request Summary Form.
8 Attachment D, Progress Report Form, is hereby deleted in its entirety and replaced with Attachment
D-1, Revised Progress Report Form,attached hereto and made a part of the Agreement.All references in
the Agreement to Attachment D,shall hereinafter refer to Attachment D-1,Revised Progress Report
Form.
9. All other terms and conditions of the Agreement remain in effect.If and to the extent that any inconsistency
may appear between the Agreement and this Amendment,the provisions of this Amendment shall control.
DEP Agreement No.LP44073,Amendment No. 1,Page 4 of 5
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IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.LP44073 to be duly executed,
the day and year last written below.
MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
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By: _ .............. By: ...............
Sylvia J, Murphy,Mayor Trina L.Vielhauer,Division Director E
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Date: Date; E
ATTEST: Kevin Madok,Clerk
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By:
Deputy Clerk Michael Isaacson,DEP Grant Manager
Sandra Waters,DEP QC Reviewer U)
TTORNEY
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ASSISTANT, W
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List of attachments/exhibits included as part or this Amendment:
Letter/ IL
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Specify Type Number Description(include number of pages) a
Attachment A-2 Revised Grant Work Plan EaLejs 0
Attachment
B-1 Revised Payment Request Summarx I I Page)
Attachment D-1 R v.s d Progress Rep rt 6
.. ...............
Attachment H Public Records z
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DEP Agreement No, LP44073,Amendment No. 1,Page 5 of 5
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REVISED ATTACHMENT A-2
GRANT WORK PLAN
PROJECT TITLE: Monroe County Canal #75 Backfill Restoration and Canal Skimming Demonstration
Program Projects
PROJECT LOCATION: The Canal#75 Project will be located in the Rock Harbor neighborhood within o
the unincorporated area of Key Largo,Monroe County,Florida. Project coordinates are Latitude/Longitude
(25.0704.1'-80.4622). See Figure 1 for a location map.
PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal
Management Master Plan(CMMP)in order to provide a framework to identify,prioritize and correct water
quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified
as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific
canal attributes to provide a list of high priority canals which were suitable for consideration of various
public works restoration projects. Canal#75 in Key Largo was identified as a Poor canal that is too deep,
lacks oxygen,and is in need of a backfilling restoration.
In 2015, the Grantee completed an EPA-sponsored alternative technology evaluation to address
accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the :E
muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the
amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to
the use of the canal. The Grantee wants to test alternative methods that,if successful,may be less expensive
for the muck removal process. The projects are designed to evaluate the cost,and effectiveness,of utilizing
an augmented aeration technology which introduces oxygen and potentially,microbiological organisms,to
stimulate bacteria and other organisms to degrade the accumulated muck. .�
On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which
caused extensive damage to homes and properties. A significant amount of debris was deposited in the
canals adjacent to the damaged homes and properties as a result of the hurricane force winds.
PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects
prior to this project.The restoration of Canal #75 in Rock Harbor involves backfilling,to raise(lie canal Q.
bottom, to 6 feet below the Mean Sea Level,which is the optimum depth to allow for tidal flow in and out
of the canal. o
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Additionally,The Grantee's contractor will remove marine debris from canals. Work includes identifying o
the location of sigmificant marine debris and removing and transporting the marine debris to debris
disposal sites.
TASKS
Task I: Canal#75 Design and Permitting
Task Description: The Grantee has procured Wood Environmental and Infrastructure (Wood) prior to
execution of this Agreement. Wood will complete the design of the Canal #75 backfilling project and
obtain all necessary permits for construction of the project. The Grantee will submit documentation of
preconstruction activities,as described below.
DEP Agreement No. LP44073,Attachment A-2 Page 1 of 5
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The Canal#75 project will consist of(1)collection and processing of environmental and engineering data;
(2)completion of 30,60 and 100 percent design plans;(3)preparation of permit packages for state,federal,
and local permit applications; and(4)resident notification and staging area access coordination.
Deliverables: Design completed to date as described in this task, as evidenced by these deliverables: 1)
Signed acceptance of the completed work by the Grantee,2)Summary of design activities to date,indicating
percentage of design completion representing time period covered in the payment request. 3) The final o
payment request for this task must be accompanied by an electronic copy of the final design and a list of
ail required permits identifying issue dates and issuing authorities. Upon request,the Grantee will provide 0
paper copies of obtained permits or permit related correspondence or documentation and the final design
document.
Performance Standard: The Department's Grant Manager will review all deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment IL
request and may be submitted no more frequently than monthly.
Task 2: Canal#75 Biddinz and Contractor Selection
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Task Description: The Grantee will subcontract the construction of the backfilling of canal #75 with a
qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall
prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this cis
Agreement. Included in this task are pre-proposal meeting(s)in response to proposal questions. IL
Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public
notice of advertisement for the bid;2)electronic access to all inquiries,questions,and comments regarding
the bid documents, if applicable; 3) electronic copy of bid package; and 4) written notice of selected Iq
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contractor(s)provided prior to submitting any invoices for the subcontracted work.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description. IL
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon o
completion of the task and Department approval of all associated task deliverables.
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Task 3: Canal#75 Proieet Management
Task Description: The Grantee's engineering consultant Wood will perform project management, to E
include field engineering services,construction observation,site meetings with construction contractor and
design professionals, and overall project coordination and supervision. If the Grantee contracts these
services,the Grantee will procure such services in accordance with state law. ..
Deliverables: Completed project management activities to date as evidenced by: Interim progress status
summaries including summary of inspection(s),representative photos,meeting minutes and field notes,as ca
applicable,prior to submitting any invoices. Upon request by the Department's Grant Manager,the Grantee
will provide additional supporting documentation relating to project management.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
DEP Agreement No. LP44073,Attachment A-2 Page 2 of 5
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Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment
request and may be submitted no more frequently than monthly.
Task 4: Construction of Canal#75 Proiect
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Task Description: The Grantee will construct the backfilling of canal #75 in Key Largo in accordance
with the final design(s) and required permits. Construction under this Agreement is the final phase of 0
construction leading up to the completed project. Wood. is providing the engineering oversight.
Deliverable 4: Construction completed to date as described in this task,as evidenced by these deliverables:
1)Dated color photographs of on-going work representing the time period covered in the payment request;
2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written �-
verification that the Grantee has received record drawings and any required final inspection report(s) for
the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer
indicating construction has been completed in accordance with the construction contract documents (as
applicable).
Performance Standard: The Department's Grant Manager will review the deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment
request and may be submitted no more frequently than monthly. cis
Task 5: Canal Skimminp Demonstration Program
Task Description: The Grantee will implement a demonstration program for the removal and hauling of Iq
floating vegetation and debris from canals in Key Largo - to avoid having the material sink in the canals
and contribute to the load of decomposing organic muck, which depletes the canal waters of dissolved
oxygen.
Deliverables: Construction completed to date as described in this task,as evidenced by these deliverables:
1)Dated color photographs of on-going work representing the time period covered in the payment request; o
2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written
verification that the Grantee has received record drawings and any required final inspection report(s) for d
the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer
indicating construction has been completed in accordance with the construction contract documents (as 0
applicable). E
Performance Standard: The Department's Grant Manager will review the deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description. ..
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment E
request and may be submitted no more frequently than monthly.
DEP Agreement No. LP44073,Attachment A-2 Page 3 of 5
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Task 6: Marine Debris Removal
Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal
contract document and provide reports with metrics showing the quantities(i.e. cubic yards)of debris that
were removed from each canal and documentation of the proper management and disposal of all wastes
(including hazardous wastes or materials)to demonstrate compliance with applicable regulations.
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Documentation:The Grantee will submit with each payment request a signed acceptance of the completed
work to date by the Grantee and records of the amount of debris removed and any records associated with 0
disposal of the removed material.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
PROJECT TIMELINE &BUDGET DETAIL: The tasks must be completed by the corresponding task
end date and all documentation must be received by the task end date.
Task Budget ; , udgefAm6unt TaskStart Task;End
No Task Title Category ]ate date
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Canal#75 Design and Contractual
t Permitting Services $34,973.0$ 09212016 06J30201$ w
Canal #75 Bidding and Contractual
2 Contractor Selection Services $5,227 0921 '2016 06302018
Cana!#75 Project Contractual
3 Management Services $55,234.48 03/01/2017 12/31/2018
Construction of Canal Contractual
4 #75 Project Services $1,216,000 03/01/2017 10/30/2018
5 Canal Skimming Contractual $146,300 03 01/2017 10 30/2018
Demonstration Pro am Services
6 Marine Debris Removal Contractual $42,265.44 03/30/2019 06130/2020 0
Services
Total: $1,500,000 d
Note that,per paragraph 4 of the agreement,authorization for continuation and completion of work and any
associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future.This should be a consideration for the Grantee with
this and future requests for extension.
DEP Agreement No. LP44073,Attachment A-2 Page 4 of 5
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DEP Agreement . LP44073,Attachment . of 5
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Attachment B-1
The Revised Payment Request Summary Form for this grant can be found on our website at this link: 6z
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Please use the most current form found on the website, linked above, for each payment request.
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Progress Report Form
Attachment D-1
DEP Agreement No.: LP44073 d
Grantee Name: Monroe Count
Grantee Address: 102050 Overseas Hirj2waX,Ste.246,Key Largo,FL 33040
Grantee's Grant Manager: Rhonda Haag
Reporting Period:
Project Number and Title: Monroe County Canal#75 Backfill Restoration and Canal Skimming
Demonstration Program Projects
Provide the following information for all tasks and deliverables identified in the Grant Work Plan:
A summary of project accomplishments for the reporting period,and comparison to goals for the period. if
goals were not met, provide reasons why. Provide an update on the estimated time for completion of the
task and an explanation for any anticipated delays. Identify by task.
Use as many pages as necessary to coverall Masks in the Grant Work Plan.The followin format should be
followed.
Task#: Description:
Progress for this reporting period:
Identify any delays or problems encountered:
Task#: Description:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Progress for this reporting period:
Identify any delays or problems encountered: a
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This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP44073
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Attachment D-1,DEP Agreement No.LP44073
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment H
1. Public Records.
a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services
under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless
of the physical form,characteristics,or means of transmission, made or received by Grantee in conjunction with the o
Agreement (Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section l 19.07(1),F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable.
For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as
defined in section l 19.0701 1){a)_F.S., the following provisions apply and the contractor shall:
( Pp Y
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to CL
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract,transfer,at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public -
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records.All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department.These formatting requirements are satisfied by using the data
fonnats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118 E
Email: p0lic.s ices a
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request E
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. LP44073,Attachment H,Page I of I
Rev.4/27/2 1
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DEP AGREEMENT No. LP44073
CHANGE ORDER No. 1
MONROE COUNTY
This agreement entered into on April 14, 2017, is hereby revised as follows: d
WHEREAS, the Grantee has requested a revision in the scope of work within the
Agreement period;
WHEREAS, the Grantee has requested a reallocation of the budget that is less than 10%
of the total budget.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and the GRANTEE do hereby agree as follows:
1. Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with
Attachment A-1, Revised Grant Work Plan, attached hereto and made a part of the
Agreement. All references in the Agreement to prior Attachment A's, shall hereinafter
refer to Attachment A-1, Revised Grant Work Plan.
Any changes to the contact information shown above must be reduced to writing in the
form of a Change Order to this Agreement.
2. All other terms and conditions of the Agreement shall remain unchanged. 4-1
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed,
the day and year, last written below. 0
MONROE COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Grant Manager Program Administrator
0
0
Date: Date:
FEID No. 59-6000749
Michael Isaacson, DEP Grant Manager
as
DEP Agreement No. LP 44073, Change Order No. 1,Page 1 of 1
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ATTACHMENT A-1
GRANT WORK PLAN
PROJECT TITLE: Monroe County Canal 975 Backfill Restoration and Canal Skimming Demonstration
Program Projects
d
PROJECT LOCATION: The Canal 975 Project will be located in the Rock Harbor neighborhood,which
is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are
latitude 25.070352 and longitude -80.462159. (See attached location map.) E
PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal E
Management Master Plan(CMMP)in order to provide a framework to identify,prioritize and correct water
quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified
as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific Iq
canal attributes to provide a list of high priority canals which were suitable for consideration of various IL
public works restoration projects. Canal 975 in Key Largo was identified as a Poor canal that is too deep,
lacks oxygen, and is in need of a backfilling restoration.
In 2015, the Grantee completed an EPA-sponsored alternative technology evaluation to address
accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the
muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the
amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to
the use of the canal. The Grantee wants to test alternative methods that,if successful,may be less expensive
for the muck removal process. The projects are designed to evaluate the cost,and effectiveness,of utilizing W
an augmented aeration technology which introduces oxygen and potentially,microbiological organisms,to .�
stimulate bacteria and other organisms to degrade the accumulated muck.
4-1
PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects
prior to this project. The restoration of Canal 975 in Rock Harbor involves backfilling, to raise the canal
bottom, to 6 feet below the Mean Sea Level,which is the optimum depth to allow for tidal flow in and out 0
of the canal. The engineering design, access coordination, and permitting services for these demonstration 0
as
projects are underway, and construction is anticipated to begin in the spring of 2017.
TASKS and DELIVERABLES:
Task 1: Canal#75 Design and Permittine
0
Task Description: The Grantee has procured AMEC Foster Wheeler, Inc. in accordance with state law
prior to execution of this Agreement. AMEC will complete the design of the Canal 975 backfilling project
and obtain all necessary permits for construction of the project. The Grantee will submit documentation of
preconstruction activities, as described below.
The Canal 975 project will consist of(1) collection and processing of environmental and engineering data;
(2)completion of 30, 60 and 100 percent design plans; (3)preparation of permit packages for state, federal,
and local permit applications; and(4)resident notification and staging area access coordination. E
Deliverables: Design completed to date as described in this task, as evidenced by these deliverables: 1)
Signed acceptance of the completed work by the Grantee,2)Summary of design activities to date,indicating
percentage of design completion representing time period covered in the payment request. 3) The final
payment request for this task must be accompanied by an electronic copy of the final design and a list of
all required permits identifying issue dates and issuing authorities. Upon request,the Grantee will provide
DEP Agreement No. LP44073,Attachment A-1 Page 1 of 4
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paper copies of obtained permits or permit related correspondence or documentation and the final design
document.
Performance Standard: The Department's Grant Manager will review all deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment c
request and may be submitted no more frequently than monthly.
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Task 2: Canal#75 Biddine and Contractor Selection
Task Description: The Grantee will subcontract the construction of the backfilling of canal 975 with a
qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall ,
prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this
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Agreement. Included in this task are pre-proposal meeting(s)in response to proposal questions. Iq
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Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public
notice of advertisement for the bid;2)electronic access to all inquiries,questions, and comments regarding
the bid documents, if applicable; 3) electronic copy of bid package; and 4) written notice of selected .2-
contractor(s)provided prior to submitting any invoices for the subcontracted work.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description.
a
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
4-1
Task 3: Canal#75 Proiect Management
Task Description: The Grantee's engineering consultant AMEC will perform project management, to
include field engineering services,construction observation,site meetings with construction contractor and 0
design professionals, and overall project coordination and supervision. If the Grantee contracts these
services, the Grantee will procure such services in accordance with state law.
Deliverables: Completed project management activities to date as evidenced by: Interim progress status
summaries including summary of inspection(s),representative photos, meeting minutes and field notes, as 0
applicable,prior to submitting any invoices. Upon request by the Department's Grant Manager,the Grantee
as
will provide additional supporting documentation relating to project management. 0
0
Performance Standard: The Department's Grant Manager will review the deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment
request and may be submitted no more frequently than monthly. E
Task 4: Construction of Canal#75 Proiect
Task Description: The Grantee will construct the backfilling of canal 975 in Key Largo in accordance
with the final design(s) and required permits. Construction under this Agreement is the final phase of
DEP Agreement No. LP44073,Attachment A-1 Page 2 of 4
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construction leading up to the completed project. AMEC Foster Wheeler,Inc.is providing the engineering
oversight.
Deliverable 4: Construction completed to date as described in this task,as evidenced by these deliverables:
1)Dated color photographs of on-going work representing the time period covered in the payment request;
2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written 6
verification that the Grantee has received record drawings and any required final inspection report(s) for z
the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer
indicating construction has been completed in accordance with the construction contract documents (as E
applicable).
E
Performance Standard: The Department's Grant Manager will review the deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment
request and may be submitted no more frequently than monthly.
Task 5: Canal Skimming Demonstration Program
Task Description: The Grantee will provide services to implement a demonstration program for the
removal and hauling of floating vegetation and debris from canals in Key Largo - to avoid having the
material sink in the canals and contribute to the load of decomposing organic muck, which depletes the
canal waters of dissolved oxygen.
a
Deliverables: Construction completed to date as described in this task, as evidenced by these deliverables: .�
1) Dated color photographs of on-going work representing the time period covered in the payment request;
2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written ;
verification that the Grantee has received record drawings and any required final inspection report(s) for
the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer 0
indicating construction has been completed in accordance with the construction contract documents (as
applicable).
Performance Standard: The Department's Grant Manager will review the deliverables to verify that
they meet the specifications in the Grant Work Plan and this task description.
Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment 0
request and may be submitted no more frequently than monthly.
0
0
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PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by the corresponding task
end date and all deliverables must be received by the task end date.
Task Budget Budget Amount Task Start Task End
No Task Title Category Date Date
1 Canal #75 Design and Contractual $52,387 09/21/2016 06/30/2018
PermittingServices z
r
Canal#75 Bidding and Contractual
2 Contractor Selection Services $8,016.40 09/21/2016 06/30/2018 E
Contractual
3 Canal#75 Project Management $76,428 03/01/2017 12/31/2018 °'
Services E
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4 Construction of Canal 975 Contractual $1,216,000 03/01/2017 10/30/2018 ti
Project Services c
Canal Skimming Demonstration Contractual v
5 Program Services $147,168.60 01/15/2018 10/30/2018 J
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Total: $1,500,000
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LOCATION MAP
Canal #75-Backfill Legend �
` ;,• • ' / 75 ROCK HARBOR
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