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Item N5 N5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: N5 2023-2764 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into Task Order#213 to the contract with WSP USA Environment&Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract for a no-cost extension to September 30, 2024, to develop a Natural Resources Adaptation Plan, as authorized under DEP Grant 22PLN67-A2. ITEM BACKGROUND: Additional time is needed to complete the plan. PREVIOUS RELEVANT BOCC ACTION: 08-18-21: Approval to advertise on call professional engineering services for the resilience and canal restoration programs, including Category A - Canal Master Plan Program Planning Services, Category B -Canal Infrastructure Engineering Services for Projects and Category C - Resilience/Environmental Engineering Services. 03-16-22: Approval to enter into negotiations in rank order with one or more of the respondents for on- call professional engineering services for the Category C - Resilience and Environmental Engineering Services. 05/18/22: Approval to enter into a $0 contract with Wood Environment& Infrastructure Solutions, Inc. for on-call professional engineering services for the Category C - Resilience and Environmental Engineering Services. 11/15/22: Approval to enter into a $0 Amendment No. 1 to the contract with Wood Environment & Infrastructure Solutions, Inc. for on-call professional engineering services for the Category C - Resilience and Environmental Engineering Services for a name change to WSP USA Environment& Infrastructure Inc.; retroactive to September 26, 2022. 11/15/22: Approval to enter into a $200,000 Task Order#1 to the contract with WSP USA Environment 2233 &Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract for the Harry Harris park resilient redesign funded 50% by DEP Grant 22FRP64 and 50%by budgeted funds. 02/15/23: Approval to accept planning grant 22PLN67 for $75,000 from the Florida Department of Environmental Protection to develop a Natural Resources Adaptation Plan and update the County's Vulnerability Assessment per Florida Statutes; a $75,000 match is included. 03/22/23: Approval to enter into a $150,000 Task Order#2 to the contract with WSP USA Environment &Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract to develop a Natural Resources Adaptation Plan, funded 50%by DEP Grant 22PLN67 and 50% by budgeted funds. 03/20/24: Approval to enter into Task Order#2A to the contract with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract for a no-cost 90-day extension to develop a Natural Resources Adaptation Plan, as authorized under DEP Grant 22PLN67-A2. 04/17/24: Approval to rescind and replace Task Order#2A to the contract with WSP USA Environment &Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract for a no-cost 90-day extension to develop a Natural Resources Adaptation Plan, as authorized under DEP Grant 22PLN67-A2. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Time extension to September 30, 2024 STAFF RECOMMENDATION: Approval. DOCUMENTATION: Task Order#213 Category C Attorney Stamped- JXD.pdf FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: September 30, 2024 Value of Task Order#213: $0 Budgeted: N/A Source of Funds: N/A CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes. Additional Details: 2234 2235 TASK ORDER #213 FOR CATEGORY C ON—CALL PROFESSIONAL ENGINEERING SERVICES FOR ENVIRONMENTAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC. FOR NATURAL RESOURCES ADAPTATION PLAN IN MONROE COUNTY, FLORIDA This Task Order #213 is entered into on this 21 sc day of August 2024, in accordance with the Continuing Contract for On-Call Professional Environmental Engineering Services made and entered on the 181h day of May 2022 and Amendment No. 1, thereto dated November 151h, 2022, between Monroe County, hereinafter referred to as the "County" and WSP USA Environment & Infrastructure, Inc. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $7,500,000, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00 ("Agreement"), as provided in Subsection 287.055(2)(g), Florida Statutes, as amended by Section 2, Chapter 2024-204, Laws of Florida, pursuant to which Recital No. 2 of the Agreement is hereby modified. All terms and conditions of the referenced Contract for On-Call Professional Engineering Services apply to the Task Order unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. WITNESSETH WHEREAS, the County is in the process of completing a Natural Resource Adaptation Plan and, given the environmental sensitivity of areas throughout Monroe County, this will be a key element of the County's resiliency strategy; and WHEREAS, the expiration date for Grant Agreement 22PLN67 and the work covered by this Task Order 213 has been extended by Grant Change Order No. 1 to September 30, 2024 to allow for completion of work. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: ARTICLE 1.1 TERMS OF AGREEMENT: This Task Order 213 is effective on the date of execution and shall expire on September 30, 2024. Article VII, Paragraph 7.1.1 is amended to include the following: 1 2236 The Consultant shall be paid One Hundred and Fifty Thousand Dollars and Zero cents ($150,000.00) on a lump sum basis for the services described above. Deliverable due dates are as follows: TASK DESCRIPTION COST DUE DATE Task 1 Review Best Practices and Determine the Approach $30,000 09/15/2024 Task 2 Agency Coordination $44,000 09/15/2024 Task 3 Public Outreach Meetings $24,000 09/15/2024 Task 4 Adaptation Plan with Cost-Benefit Analysis $52,000 09/15/2024 TOTAL LUMP SUM $150,000 All work must be performed in accordance with Grant Agreement 22PLN67-CO#1, a copy of which is attached as Exhibit A3 IN WITNESS WHEREOF, each party caused the Task Order #2B to be executed by its duly authorized representative. CONSULTANT: WITNESS: WSP USA ENVIRONMENT& INFRASTRUCTURE INC. 08/01/2024 08/01/2024 Signature Date Signature Date Title (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: by. As Deputy Clerk Mayor/Chairman MONROE CC7UNT'Y ATTOMNhEYS OFFICE APPROVED AS TO FORM Date: PH UMIOVU STANT COUNTY ATTORNEY [SATE: 7-26-2024 2 2237 Exhibit A2- 22PLN67-CO#1 3 2238 CHANGE ORDER No. 1 DEP AGREEMENT No.22PLN67 MONROE COUNTY NAURAL RESOURCES ADAPTATION PLAN GRANTEE: Monroe County Board of County Commissioners 1100 Simonton Street Key West,Florida 33040 This agreement,between the Department of Environmental Protection(DEPARTMENT) and GRANTEE, entered into on March 28,2023,and amended on April 4,2024,is hereby revised as follows: WHEREAS,the GRANTEE has requested a change in task timelines within the Agreement period; NOW THEREFORE,the DEPARTMENT and the GRANTEE hereby agree as follows: 1. Section 6 of the Agreement,as amended,is deleted and replaced as follows: The Department's Grant Manager for this Agreement is identified below. Maxwell Farfan Department of Environmental Protection 3900 Commmonwealth Blvd,MS4230 Tallahassee,Florida 32399 Phone: 850-245-2009 Email: Maxwell.Farfan(a,FloridaDEP.gov 2. Attachment 3-B, Second Revised Grant Work Plan is hereby deleted in its entirety and replaced with Attachment 3-C, Third Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 3-B shall hereinafter refer to Attachment 3-C, Third Revised Grant Work Plan. 3. All other terms and conditions of the Agreement remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 22PLN67, Change Order No. 1,Page 1 of 3 2239 IN WITNESS WHEREOF,the parties have caused these presents to be duly executed,the day and year,last written below. MONROE COUNTY BOARD OF COUNTY FLORIDA DEPARTMENT OF COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Acting County Administrator Grants Administrator Kevin Wilson Hanna Tillotson, Grants Administrator Kevin Wilson Hanna Tillotson Date: July 17th, 2024 Date: 7/26/2024 FEID No. 59-6000749 If someone other than the County Administrator signs this Agreement,a resolution,statement,or other documentation authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Type Letter/Number Description(include number of pages) Attachment 3-C Third Revised Grant Work Plan(3 pages) Approved as to form and legal sufficiency: Monroe County Attorney's Office 6-28-2024 arlll�t. W DEP Agreement No. 22PLN67, Change Order No. 1,Page 2 of 3 2240 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION THIRD REVISED GRANT WORK PLAN AGREEMENT NO.22PLN67 ATTACHMENT 3-C PROJECT TITLE: Monroe County Natural Resources Adaptation Plan PROJECT LOCATION: The Project is located in Monroe County,Florida. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee)will complete the Monroe County Natural Resources Adaptation Plan(Project)to update the 2015 Vulnerability Assessment(VA)pursuant to Section 380.093, Florida Statutes (F.S.) and develop a Natural Resources Adaptation Plan (AP). The Grantee will coordinate with local, state, and federal agencies on species management issues during development of the AP. TASKS AND DELIVERABLES: Task 1: Review Best Practices and Determine Approach Description: The Grantee will develop a report to identify natural resource adaptations and approaches by conducting a review of the 2015 VA for cost-benefit analysis and to identify key local, state, and federal agencies for coordination efforts. Deliverables: The Grantee will provide the following: • 1.1: A final report (in one PDF document) outlining the approach and results of the 2015 VA research, including the cost-benefit analyses for nature-based solutions and best practices for natural resource resilience; and • 1.2: A copy of all correspondence with local, state, and federal agencies, compiled into one PDF document. Task 2: Aaencv Coordination Description: The Grantee will organize meetings with all local, state, and federal agencies necessary to complete the AP. Agencies responsible for the management of natural resources will be targeted; and include, but are not limited to, the following: Florida Keys National Marine Sanctuary, U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, and Florida Department of Environmental Protection. This Grantee will host a kick-off meeting followed by up to four(4) additional meetings(held either in person or virtually).The Grantee will prepare all social media notifications,meeting invitations,meeting materials,presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 2.1: List of agencies necessary to complete the AP, to include the name of the primary contact within each agency; • 2.2: Meeting agendas to include location, date, and time of meetings; • 2.3: Meeting sign-in sheets or virtual attendance records with attendee names and affiliation (i.e. local stakeholders,resident,meeting member, local government staff); DEP Agreement No.:22PLN67 Page 1 of 3 Rev. 3.6.24 2241 • 2.4: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meetings (i.e. social media posts,public announcements, graphics), as applicable; • 2.5: A copy of the file or weblink of the video or audio recording from the meetings,if applicable; and • 2.6: Summary reports including attendee input and outcomes for each meeting, including but not limited to identified agency-based datasets of relevance and agency concerns. Task 3: Public Outreach Meetines Description: The Grantee will conduct public coordination meetings to present the results from the updated AP. The purpose of the meetings are to allow the public and other agencies to provide community-specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. Additionally, during this meeting, the Grantee will conduct exercises to encourage the public/stakeholders to prioritize focus areas of flooding, and the critical assets in preparation for the development of adaptation strategies and project development. Criteria should be established to guide the public's input for the selection of focus areas. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 3.1: Meeting agendas to include location, date, and time of meeting; • 3.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholders, residents, local government staff, • 3.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts,public announcements, graphics), as applicable; • 3.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable; and • 3.5: A summary report including attendee input and meeting outcomes, to include defining focus areas recommended by the community. Task 4: Adaptation Plan with Cost-Benefit Analysis Description: The Grantee will complete an AP that is consistent with the Florida Adaptation Planning Guidebook and includes the following: assessment of adaptive capacities,prioritization of adaptation needs, identification of adaptation strategies, and a cost-benefit analysis. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2), F.S., for consideration and implementation. Deliverables: The Grantee will provide the final AP. 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%) DEP Agreement No.:22PLN67 Page 2 of 3 Rev. 3.6.24 2242 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 Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date I Review Best Practices Contractual $15,000 $15,000 $30,000 7/l/2021 9/30/2024 and Determine Approach Services 2 Agency Coordination Contractual $22 000 $22,000 $44,000 7/l/2021 9/30/2024 Services Public Outreach Contractual 3 $12 000 $12 000 $24 000 7/1/2021 9/30/2024 Meetings Services 4 Adaptation Plan with Contractual Cost-Benefit Analysis Services $26 000 $26 000 $52 000 7/1/2021 9/30/2024 Total: $75,000 $75,000 $150,000 DEP Agreement No.:22PLN67 Page 3 of 3 Rev. 3.6.24 2243