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2nd Amendment 06/27/2024 AMENDMENT NO.2 TO AGREEMENT NO.22SRP57 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. 22SRP57 (Agreement), as previously amended, 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 below. WHEREAS,the Department entered into the Agreement with the Grantee for Monroe County Twin Lakes Subdivision Flood Mitigation Project(Project),effective November 17,2022; and, WHEREAS, the Grantee has requested an update to the scope of work in Attachment 3, Grant Work Plan in the Agreement as set forth herein. NOW THEREFORE,the Department and Grantee hereby agree as follows: 1. Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B, Second Revised Grant Work Plan. 2. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.22SRP57,Amendment No.2,Page 1 of 2 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. MONROE COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION r By: C, By: Aut iorized Representative or Designee Secretary or Designee Kevin Wilson,Acting County Administrator. Alex Reed,Director Print Name and Title Print Name and Title Date:06.27.2024 Date: 7/2/2024 MONROE COUNTY ATTO Y 'tPPR?U4.D AS TO FOR k: CHRIS'I*TNFS➢IMBi,'RT'•HARR.OWS ASSISTANT COUNTY ATTORNLY DATE 61.27124.................. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description Attachment 3-B Second Revised Grant Work Plan(2 pages) DEP Agreement No.22SRP57,Amendment No.2,Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECOND REVISED GRANT WORK PLAN AGREEMENT NO.22SRP57 ATTACHMENT 3-B PROJECT TITLE: Monroe County Twin Lakes Subdivision Flood Mitigation Project PROJECT LOCATION: The Project is located in the Twin Lakes subdivision within Monroe County, Florida. PROJECT DESCRIPTION: Monroe County (Grantee) will complete the Monroe County Twin Lakes Subdivision Flood Mitigation Project (Project), to reconstruct and elevate low lying roads in the Twin Lakes community as well as construct a stormwater collection system,wet wells,pump station, electrical controls, force main, and five injection wells for stormwater drainage. The Project will be completed along Shaw Drive, Crane Street, and Adams Drive and will elevate the roadways to a minimum elevation of 13"NAVD 88. These roads are low lying and are subject to frequent and persistent flooding due to storms, tides, and sea level rise and are also bordered by wetlands and two canals along the bayside in Key Largo. The permitting and design is complete, so the Project will include construction. TASKS AND DELIVERABLES: Task 1: Construction Description: The Grantee will reconstruct and elevate low lying roads in the Twin Lakes community to a minimum elevation of 13"NAVD 88 as well as construct a stormwater collection system,wet wells,pump station, electrical controls, force main, and five injection wells for stormwater drainage in accordance with the construction contract documents. Project costs associated with the Construction task include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible activities may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance with all local, state, and federal permits. Deliverables: The Grantee will submit: • 1.1: List of permit type,number, and issuing entity for all local, state, and federal permits required for the Project; • 1.2: A copy of the final design and record(as-built) drawings; • 1.3: A Certificate of Completion signed by a Florida-registered Professional Engineer; and • 1.4: Coordinate final site visit with Department and submit the Closeout Site Visit Form received from assigned Field Agent. • 1.5: Project administration and management report(s) signed by a Florida-registered Professional Engineer or authorized individual in responsible charge of project. The report(s) must cover the performance period of the task and can be submitted no more frequently than quarterly during the performance period of the task. The report(s) must include: o A summary ofproject and site inspection(s); o Meeting minutes to all attended meetings; and o Field notes. DEP Agreement No.:22SRP57 Page 1 of 2 Rev. 1.17.24 PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s)to the Grantee within thirty(30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task,all delivered to the Department at one hundred percent(100%)completion. An"incomplete deliverable"is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s)listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted.Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Title Budget DEP Match Total Task Start Task Due No. Category Amount Amount Amount Date Date 1 Construction Contractual $3,931,267 $3,931,267 $7,862,534 7/1/2022 3/31/2025 Services Total: $3,931,267 $3,931,267 $7,862,534 DEP Agreement No.:22SRP57 Page 2 of 2 Rev. 1.17.24