1st Change Order 12/09/2024 CHANGE ORDER No. 1
DEP AGREEMENT No. 23FRP39
Monroe County Conch Key Road Elevation and Stormwater System
GRANTEE:
Monroe County Board of County Commissioners
500 Whitehead Street
Key West,FL 33040
This agreement, between the Department of Environmental Protection (DEPARTMENT) and Monroe
County Board of County Commissioners(GRANTEE),entered into on February 6,2024,and amended on September
16,2024,is hereby revised as follows:
WHEREAS,the GRANTEE has requested a reallocation of the budget that is less than 20%of the total
budget.
WHEREAS,the Department has requested an update to the Performance Measures, Consequences for Non-
Performance,Payment Request Schedule, and Project Timeline and Budget Detail in Attachment 3; and,
WHEREAS,the DEPARTMENT has requested an update to Attachment 6 following updates from the
Office of the General Counsel.
NOW THEREFORE,the DEPARTMENT and the 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, attached hereto and made a part of the Agreement. All references in
the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-13, Second Revised Grant Work
Plan.
2. Attachment 6-A,Revised Program Specific Requirements,is hereby deleted in its entirety and replaced with
Attachment 6-13, Second Revised Program Specific Requirements, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment 6-A, shall hereinafter refer to Attachment 6-13,
Second Program Specific Requirements.
3. All other terms and conditions of the Agreement remain in effect.
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DEP Agreement No. 23FRP39, Change Order No. 1, Page 1 of 2
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 Digitally signed by Christine ENVIRONMENTAL PROTECTION
Christine Hurley Hurley s �;���o��e"'
Date:2024.11.2612:ss:23-os'oo' Hanna Tillotson'11-Fo�aaT111— �=Aso=Foaa
By: By: "...............o R�em Fo P°o9"m
County Administrator Program Administrator
Christine Hurley Hanna Tillotson, Program Administrator
Christine Hurley, County Administrator Hanna Tillotson,Program Administrator
Date: November 26, 2024 Date: 12/5/2024
FEID No. 59-6000749
If someone other than the Grant Manager 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
Attachment 3-13 Second Revised Grant Work Plan(4 pages)
Attachment 6-13 Second Revised Program Specific Requirements(3 pages)
MONROE CoONTY ATTORNEY
'01Kt?uk:U AS TO FOR
aij
CHRISTINE.IAMBERT,BARROW S
As.c isTANT COUNTY ATTORNEY
DATE_._1_1113,124.......__.
DEP Agreement No. 23FRP39, Change Order No. 1, Page 2 of 2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SECOND REVISED GRANT WORK PLAN
AGREEMENT NO.23FRP39
ATTACHMENT 3-B
PROJECT TITLE: Monroe County Conch Key Road Elevation and Stormwater System
PROJECT LOCATION: The Project is located in Unincorporated within Monroe County, Florida.
PROJECT DESCRIPTION:
The Monroe County (Grantee) will implement the Monroe County Conch Key Road Elevation and
Stormwater System project(Project) to elevate segments of four(4) county roads in the Conch Key area,
for a total project length of approximately 2,439-feet.
The project encompasses improvements of four(4) two-lane roadways with concrete valley gutters along
both sides of the roadway, catch basins along the valley gutters, a stabilized 5-feet area behind the valley
gutter at 2% slope for a pedestrian walking area, stabilization of the road foundation and utility
adjustments. The proposed stormwater collection system will include 54-catch basins, baffles, water
quality treatment infrastructure, one pump station, a force main of approximately 3,000-feet, and three (3)
pressurized injection wells for stormwater disposal.
This project includes a Sea Level Impact Projection (SLIP) Study Report, Designing, Permitting, and
Construction tasks.
TASKS AND DELIVERABLES
Task 1: Sea Level Impact Proiection (SLIP) Study Report
Description: The Grantee will submit a SLIP study report, if applicable, pursuant to the relevant Florida
Statute (ES.; s. 161.551, F.S., before July 1, 2024, and s. 380.0937, F.S., thereafter) and Chapter 625-7,
Florida Administrative Code (F.A.C.). The SLIP study report must be submitted to the Department,
approved, and published for at least 30 days before construction begins. This will inform the project owner
about the potential effects of sea level rise and coastal flooding on the structure so they can use this
information in project planning and adaptation. Visit the SLIP tool website (Florida SLIP Tool) for more
information.
Deliverables: The Grantee will submit:
• 1.1: Published SLIP Study Report and the confirmation email stating the report was published on
the Department's website for no less than thirty(30) days before construction commences. This is
a no cost deliverable.
Task 2: Design and Permitting
Description: The Grantee will acquire professional services for the engineering and design of
improvements to elevate segments of four(4) county roads in the Conch Key area for a total project length
of approximately 2,439-feet. Proposed improvements include valley gutters, catch basins,water treatment
infrastructure, a pump station, a force main of approximately 3,000-feet, three (3) pressurized injection
wells for stormwater disposal, stabilization of the road foundation and utility adjustments. The Grantee
will also obtain all necessary permits for construction of this Project. Design and permitting activities may
DEP Agreement No.:23FRP39
Page 1 of 4
Rev. 9.9.24
include coastal or civil engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design-level geotechnical services, environmental
analyses, orthophotography, plan formulations and other necessary studies for obtaining environmental
permits, and other Project-related authorizations. The Grantee will submit all work products to the
appropriate local, state, and federal regulatory agencies. The Grantee will perform preconstruction project
administration, to include project scope of work determination, planning and development of proposed
project(s), design consultant direction and oversight, meetings with design professionals and construction
contractor(s) and overall project coordination and supervision.
Deliverables: The Grantee will submit:
• 2.1: All final design documents as signed by a Florida-registered Professional Engineer or other
applicable Florida Licensed Professional in responsible charge of the design; and
• 2.2: A copy of final permit documents from all applicable local, state, and federal regulatory
agencies for all permits required for the Project. This should include any permits listed in the
original project application; and
• 2.3:Project administration and management report(s) signed by the Grantee's Grant Manager. 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 of project administration activities;
o Proposed project scopes of work; and
o Meeting minutes with design professionals and construction contractors, as applicable.
Task 3: Construction
Description: The Grantee will acquire professional services to construct elevated segments of four(4)
county roads in the Conch Key area including valley gutters, catch basins,pedestrian area, stabilization of
road foundation and utility adjustments; the proposed storm water collection system includes valley
gutters, catch basins,water treatment infrastructure, a pump station, electrical controls,backup generator,
a force main of approximately 3,000-feet and three (3)pressurized injection wells for stormwater
disposal. All construction elements shall be 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.Project Management activities may include field engineering services, site meetings with
construction contractor(s) and design professionals, and overall project coordination and supervision.
Deliverables: The Grantee will submit:
• 3.1: A copy of the record(as-built) drawings;
• 3.2:A Certificate of Completion signed by a Florida-registered Professional Engineer or authorized
individual in responsible charge of project; and
• 3.3: Coordinate final site visit with Department and submit the Closeout Site Visit Form received
from assigned Field Agent; and
• 3.4: 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 of project and site inspection(s);
o Meeting minutes to all attended meetings; and
o Field notes
DEP Agreement No.:23FRP39
Page 2 of 4
Rev. 9.9.24
PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to
i I i tl��']oii d a(i..!.ali t..�(v11Ljorj(.ja1..)EP. ov on or before the Task Due Date listed in the Project Timeline.
...................... ............ .... ... L). .........L_ rQ]
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 non-acceptance of the deliverable(s)to the Grantee
within thirty (30) calendar days. Deliverables that the Department determines are not acceptable must be
corrected and resubmitted within thirty(30)calendar days prior to the Agreement's Date of Expiration, and
in coordination with the Department's Grant Manager. 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. All deliverables must be received by the Task Due Date
and accepted by the Department on or before the Agreement's Date of Expiration,or the Consequences for
Non-Performance set forth herein shall apply.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received and accepted
by the Department at one hundred percent (100%) completion on or before the Agreement's Date of
Expiration,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. For each task deliverable not received by the
Department by the specified Task Due Date listed in the Agreement's most recent Project Timeline, the
Department will reduce the relevant Task Funding Amount(s) by 5% per calendar day, which will be
imposed until the Department has received the task deliverable. The Consequence for Non-Performance
will be applied to and included in the relevant task deliverable's payment request.
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.
DEP Agreement No.:23FRP39
Page 3 of 4
Rev. 9.9.24
Task Task Title Budget DEP Match Total Task Start Task Due
No. Category Amount Amount Amount Date Date
Sea Level
I 30 days
Impact
1 Projection No-Cost $0 $0 $� Upon before
(SLIP) study Deliverable Execution commencing
construction
report
2 Design and Contractual $406 778 $406 778 $813 556 Upon 12/31/2026
Permitting Services Execution
3 Construction Contractual $3 160 047 $3 160 047 $6 320 094 Upon 03/31/2029
Services Execution
Total: $3,566,825 $3,566,825 $7,133,650
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DEP Agreement No.:23FRP39
Page 4 of 4
Rev. 9.9.24
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SECOND REVISED PROGRAM-SPECIFIC
REQUIREMENTS
RESILIENT FLORIDA PROGRAM
ATTACHMENT 6-B
General
1. Deliverable and Payment Request Submissions.All grant deliverables and payment requests(Exhibit C)must
be submitted to Res ilientFloridaGrantsA,FloridaDEP. ov.
2. Contractual Services.For all grant agreements that include Contractual Services as an expenditure category,
the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting
documentation for all contractors conducting work under the grant agreement,prior to submitting a payment
request for contractual services.
3. Grantee Match Form.If the grant agreement includes match requirements in Attachment 2,the Grantee must
submit the Grantee Match Form upon execution of the grant agreement and at any time there are changes to
the match funding amount and/or funding source throughout the grant agreement period.
4. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of
deliverables and reports(Exhibit A and F)that include photos.
5. DEP Logo and Funding Source Disclaimer. The final Vulnerability Assessment Report, Adaptation Plan
report or document, and any permanent signage created for an implementation project included on the
Statewide Flooding and Sea Level Rise Resilience Plan must include the Department's logo (which can be
found on the Department's website at:https://floridado.gov or by contacting the Grant Manager for a copy)
as well as the following language:
"This work was funded in part through a grant agreement from the Florida Department of Environmental
Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements,
findings, conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the State of Florida or any of its subagencies."
6. Final Project Report.The Grantee must submit Exhibit F,Final Project Report Form,prior to requesting final
payment. The Final Project Report may be submitted in lieu of the final Exhibit A, Progress Report Form,
only in instances where the next quarterly progress report falls after the Agreement's Date of Expiration.For
grants funded with American Rescue Plan Act (ARPA) Funds that are not completed by the Agreement's
Date of Expiration, Exhibit F must also be submitted to Res ilientFloridaGrantsLa)FloridaDEP.gov upon
completion of the project,which may be after the Agreement's Date of Expiration.
7. Copyright, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce,publish or otherwise use,and to authorize others to use,for state government purposes:
a. The copyright in any work developed under this Agreement;and
b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
8. Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata
must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program
website: https://floridadep.gov/rcl2/resilient-florida-pram/documents/resilient-florida-program-gis-data-
standards),and raw data sources shall be defined within the associated metadata.
Attachment 6-B
Rev.9.9.24 Page 1 of 3
9. Program Deliverable Acceptance and Disclaimer.The Department's acceptance of any specific project's task
deliverables required by that project's Resilient Florida Program grant agreement, does not guarantee the
Department's acceptance of the same or similar task deliverables, as required by a different Resilient Florida
Program grant agreement,notwithstanding the Grantee(s)and/or project(s)at issue being the same or similar.
The Department will review and accept all deliverables individually,pursuant to the terms and conditions of
each grant agreement for which they are submitted, including Attachment 3, Grant Work Plan. The
Department's acceptance of a specific deliverable does not constitute the Department's confirmation that the
conclusions or statements made within said deliverable are truthful or accurate,including,but not limited to,
claims of scientific validity and the certification of engineering practices. If a dispute arises between the
Department and Grantee regarding the veracity of a specific deliverable's content,the Department may request
that the Grantee provide additional documentation (e.g., a certification statement signed and sealed by a
licensed Professional Engineer),verifying that the conclusions or statements at issue are true and correct to the
best of the Grantee's knowledge,prior to the Department's acceptance of said deliverable.
10. Sunshine Law Compliance.As per Paragraph 23 to Attachment 1,Standard Terms and Conditions,the Grantee
is solely responsible for ensuring that its actions (and those of its agents)under the Agreement are made in
compliance with Section 286.011, Florida Statutes—Florida's Government in the Sunshine Law—where
applicable.
Implementation Grants
11. Sea Level Impact Projection Study Requirement. If a state-funded construction project is located within an
area where a Sea Level Impact Protection (SLIP) study is required pursuant to Section 380.0937, Florida
Statutes,the Grantee is responsible for conducting such a SLIP study and submitting the resulting report to the
Department. The SLIP study report must be received by the Department, approved by the Department, and
published on the Department's website for at least thirty (30)days before construction can commence.Upon
submission to the Department, SLIP study reports must meet all relevant statutory requirements, as well as
the standards and criteria indicated in Chapter 625-7,Florida Administrative Code.
12. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,
state,or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary
permits are obtained prior to implementation of any grant-funded activity that may fall under applicable
federal, state,or local laws. Further,the Grantee shall abide by all terms and conditions of each applicable
permit for any grant-funded activity.Upon request,the Grantee must provide a copy of all required,acquired,
and approved permits for the project.
13. Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions
that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement's
execution,including regulatory and permit compliance requirements,non-compliance and citation fees,fees
resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or
informal enforcement actions to resolve violations of applicable rules and statutes(including consent orders,
Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be
utilized to support ongoing efforts to comply with permit-required conditions, as approved by the Resilient
Florida Program(e.g.,pre-,during-,and post-construction monitoring and mitigation efforts).
Grants Funded with American Rescue Plan Act(ARPA)Funds
14. Match Expenditure Monitoring.For any match-funded deliverable(s)identified in Attachment 3,Grant Work
Plan, not accepted by the Department by the Date of Expiration listed in Section 3 to the Standard Grant
Agreement(as modified by any properly executed amendment(s), as applicable), the Grantee must submit
Exhibit M,Match Expenditure Monitoring Form,to the Department prior to ARPA-funded grant closeout to
Attachment 6-B
Rev.9.9.24 Page 2 of 3
identify all remaining deliverable(s)which are to be completed solely using Grantee match funding. Failure
to submit Exhibit M and all remaining Project deliverables to the Department, as well as meet the Match
Requirements identified in Section 7 to Attachment 2,may hinder the Grantee's chances of receiving future
grant awards from the Resilient Florida Program.
Attachment 6-B
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