HomeMy WebLinkAboutItem Q08 Qg
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
December 10, 2025
Agenda Item Number: Q8
2023-4773
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: Approval of Task Order#13 for a not-to-exceed amount of
$131,791.00 for Construction, Engineering and Inspection (CEI) services by WSP USA, Inc. for the
Rock Harbor Breakwater Repair Project under the Category C on-call Resilience and Environmental
Engineering Services contract, funded by Florida Department of Commerce(formerly Department of
Economic Opportunity) Grant#IR-036.
ITEM BACKGROUND:
The Consultant will assist in monitoring the Rock Harbor Breakwater repairs project by providing CEI
services to Monroe County. This work is funded through Grant#IR-036.
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.
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11/15/22:Approval to enter into a $200,000 Task Order#1 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 the Harry Harris park resilient redesign funded 50%
by DEP Grant 22-FRP-64 and 50%by budgeted funds.
02/15/23: Approval of Revenue Grant #P0467 to create a Pigeon Key Resilience and Adaption Plan
for $50,000 from the Florida Department of Economic Opportunity (DEO) Community Planning
Technical Assistance program.
03/15/23: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#22-FRP-67 and 50%by budgeted funds.
03/15/23: Approval to enter into a $50,000 Task Order #3 to develop a resilience and adaptation plan
for Pigeon Key with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under
the Category C on-call Resilience and Environmental Engineering Services contract, funded by
Department of Economic Opportunity Grant#PO-467.
05/17/23: Approval to enter into a not-to-exceed $59,483.27 Task Order #4 to develop and submit a
grant application for an electric vehicle charging station corridor in the County and municipalities, with
WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category C on-call
Resilience and Environmental Engineering Services contract; retroactive to May 4, 2023.
09/20/23: Approval to enter into a not-to-exceed $17,616.96 Task Order #5 to develop and submit a
grant application for the Federal Highway Administration (FHWA) program for Promoting Resilient
Operations for Transformative Efficient, and Cost-Saving Transportation (PROTECT) Discretionary
Program, with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the
Category C on-call Resilience and Environmental Engineering Services contract; retroactive to July 23,
2023.
10/18/23: Approval to enter into a $100,000 Task Order #6 to design and permit the Long Key Living
Shoreline project, with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under
the Category C on-call Resilience and Environmental Engineering Services contract; funded by DEP
Resilient Florida Grant#22-FRP-131.
09/20/23: Approval to enter into Grant #22-FRP-132, in the amount of$3,327,266.00 with $0 match,
for the Duck Key living shoreline resilience work with the Florida Department of Environmental
Protection; and authorize the County Administrator to execute the grant.
10/18/23: Approval to enter into a $236,483 Task Order #7 to design and permit the Duck Key Living
Shoreline project, with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under
the Category C on-call Resilience and Environmental Engineering Services contract; funded by DEP
Resilient Florida Grant#22-FRP-132.
03/20/24: Approval to enter into a $21,519 Task Order #8 for the preparation of a grant application for
$12.5 Million with $0 match, to purchase 20 electric transit vehicles and commensurate infrastructure,
with the Federal Transit Administration's FY24 Section 5339(c) Low or No Emission Grant Program,
with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category C
on-call Resilience and Environmental Engineering Services contract; retroactive to February 28, 2024.
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03/14/24: Approval to enter into a $11,692 Task Order #9 to develop and submit a Round 2 grant
application for an electric vehicle charging station corridor in the County and municipalities, with WSP
USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category C on-call
Resilience and Environmental Engineering Services contract.
05/12/25: Approval to enter into a $9,950 Task Order #10 to conduct a limited environmental site
assessment to determine if widespread or high magnitude environmental contamination is present in lots
one through six of Block 3 of Cudjoe Ocean Shores which comprises an area of 1.37 acres, with WSP
USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category C on-call
Resilience and Environmental Engineering Services contract.
08/20/25: Approval to enter into a $440,000 Task Order #11, to develop a multijurisdictional update to
the Monroe County and municipalities' vulnerability assessments as required for statutory compliance
and development of an adaptation plan for each, with WSP USA, Inc. under the Category C on-call
Resilience and Environmental Engineering Services contract, funded by FDEP Stewardship Resilient
Florida Grant#25-PLN-38.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
Task order
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
WSP Rock Harbor Breakwater CEI Services Task Order#13 - signed.pdf
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date of Task Order#13: September 03, 2026
Value of Task Order#13: $131,791.
Total Cost to County: $ 0 Current Year Portion: $131,791.
Total Dollar Value of Contract:
Budgeted: Yes
Source of Funds: Commerce Grant IR036-A2
CPI: no Indirect Costs: None
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:
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TASK ORDER#13 FOR CATEGORY C
ON-CALL PROFESSIONAL ENGINEERING SERVICES
FOR ENVIRONMENTAL ENGINEERING SERVICES
BETWEEN MONROE COUNTY AND
WSP USA INC.
FOR
ROCK HARBOR BREAKWATER REPAIR PROJECT
IN MONROE COUNTY, FLORIDA
This Task Order #13 is entered into on this 101h day of December, 2025, in
accordance with the Continuing Contract for On-Call Professional Environmental
Engineering Services made and entered on the 181h day of May 2022, as amended
pursuant to Amendment No. 1 dated November 15, 2022 and as amended pursuant
to Amendment No. 2 dated January 151h, 2025, between Monroe County, hereinafter
referred to as the "County" and WSP USA Inc. hereinafter referred to as "Consultant"
where design services are allowed if construction costs do not exceed
$7,500,000.00, 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 Contract is
hereby modified, the parties enter into this Task Order ("Task Order").
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 which will be specifically referenced in this Task Order, and the modification
shall be precisely described.
WITNESSETH
WHEREAS, the funding for these services is provided by the U.S. Department of
Housing and Urban Development (HUD) Community Development Block Grant
Mitigation Program (CDBG-MIT) Program to address unmet disaster recovery needs
related to damage from Hurricane Irma; and
WHEREAS, Monroe County received Grant #IR-036 for $1,353,986 to repair the
breakwater within Key Largo (Cuda, Grouper, Bonito, and Lobster Lanes); and
WHEREAS, the project will repair 500 linear feet of damage to a manmade coastal
breakwater structure that was damaged from Hurricane Irma and that previously
provided protection from storm surge and control the inflow of noxious floating seaweed
into the waterways; and
WHEREAS, the County completed the design and received all environmental permits
and the Authority to Use Grant Funds for the project; and
WHEREAS, the County selected Adventure Environmental, Inc. for construction through
a competitive bid process and selection committee ranking; and
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WHEREAS, this task order will cover the construction administration and engineering
inspections for the project.
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 is effective on December 10, 2025, and shall terminate on September
10, 2026.
ARTICLE II SCOPE OF BASIC SERVICES, PARAGRAPH 2.1.1 IS AMENDED AS
FOLLOWS:
Task 1: Construction Administration and Inspection Services
The Consultant will provide construction engineering and environmental site inspections
and construction administration services for the project and shall adhere to the grant
terms and conditions of Grant #IR036-A2, attached as Exhibit A and made a part of this
Task Order. The Contractor for the Project provided a 6-month construction schedule for
completion. The Consultant will provide up to eight hours daily of site inspections for the
construction schedule, Monday through Friday, during field construction activities and
prepare daily work reports showing the Contractors' activities, equipment, maintenance
of traffic, and environmental compliance.
The Consultant will provide consultation and advice to the County regarding the
Contractor's performance of the Contract. The Consultant will review construction
submittals and provide utility coordination. The Consultant will provide permit certification
and close-out functions upon completion. The Consultant will liaise with the County,
homeowners, and other stakeholders as necessary to administer the construction
contract.
The Consultant will provide a Construction Engineering and Inspection Report
(Electronic in PDF format) to document the completion of the project under the plans,
specifications, and permits.
Article VII, Paragraph 7.1.1 is amended to include the following:
The Consultant shall be paid a not-to-exceed amount of One Hundred, Thirty-Three
Thousand, Seven Hundred, Ninety-One Dollars and Zero Cents ($133,791.00) based on a
monthly lump sum basis for the services described above.
The Consultant shall invoice on a monthly basis with deliverables as detailed below:
Month Budget Deliverable
1 $20,298.50 Review Contractor submittals
and coordinate with temporary
staging areas. Compile
weekly field reports and
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photographs for status of
construction progress.
2 $21,548.50 Compile weekly field reports
and photographs for status of
construction progress.
3 $21,548.50 Compile weekly field reports
and photographs for status of
construction progress.
4 $21,548.50 Compile weekly field reports
and photographs for status of
construction progress.
5 $21,548.50 Compile weekly field reports
and photographs for status of
construction progress.
6 $27,298.50 Compile weekly field reports
and photographs for status of
construction progress.
Compile final CEI report and
permit closeout
Total $133,791.00
IN WITNESS WHEREOF, each party caused the Task Order #13 to be executed by its
duly authorized representative.
CONSULTANT: WITNESS:
WSP USA Inc.
--� 12/01/2025 _ � � 12/01/2025
Signat re `' Date Signature Date
Assistant Vice President,
FL Civil Design Team Lead
Title
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: by:
Deputy Clerk Mayor/Chairman
CNRf7E COUNTYATTOMNEY5OFFICE
Date:
APPROVED AS TO FORM
„-���
`1.111jssSTANT couary ArrORNEY
GATE: 1 2-01-2025,
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Exhibit A Grant
I R036-A2
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
AMENDMENT TWO
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On March 2, 2022, the State of Florida, Department of Commerce ("Commerce"), formerly known as the
Florida Department of Economic Opportunity, and Monroe County Board of County Commissioners
("Subrecipient") entered into agreement IR036 ("Agreement"). Commerce and the Subrecipient may
individually be referred to herein as a "Party" or collectively as the "Parties".
WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the
Agreement shall be in writing executed by the Parties thereto; and
WHEREAS the Agreement was previously amended on August 9, 2022; and
WHEREAS the Parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to the following:
1. On July 1, 2023, the Florida Department of Commerce was renamed to the Florida Department of
Commerce. Effective July 1, 2023, all references throughout the Agreement to "Department of
Economic Opportunity" or "DEO" are replaced with "Department of Commerce" or "Commerce" as
appropriate.
2. Section 3, Period of Agreement, is hereby deleted in its entirety and replaced with the following:
(3) Period of Agreement. This Agreement begins March 2, 2022, (the "Effective Date") and ends
September 1, 2026, unless otherwise terminated as provided in this Agreement. Commerce shall
not grant any extension of this Agreement unless Subrecipient provides justification satisfactory
to Commerce in its sole discretion and Commerce's Deputy Secretary of the Division of
Community Development approves such.
3. Section 21 (a), Funding/Consideration, is hereby deleted in its entirety and replaced with the
following:
(a) The funding for this Agreement shall not exceed One Million, Six Hundred Ninety-Two
Thousand, Four Hundred Eighty-One Dollars and Zero Cents ($1,692,481.00) subject to the
availability of funds. The State of Florida and Commerce's performance and obligation to pay
under this Agreement is contingent upon annual appropriations by the Legislature and subject
to any modification in accordance with Chapter 216, F.S. or the Florida Constitution.
4. Section 28,Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the
following:
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Commerce Agreement Number: IR036
(28) Employment Eligibility Verification
A. E-Verify is an Internet-based system that allows an employer, using information reported on an
employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify.
The Department of Homeland Security's E-Verify system can be found at: https://www.e-
verif ov .
B. In accordance with section 448.095, F.S., the State of Florida expressly requires the following:
(1) Every public agency and its contractors and subcontractors shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees. A public
agency or a contractor or subcontractor thereof may not enter into a contract unless each
party to the contract registers with and uses the E-Verify system.
(2) An employer shall verify each new employee's employment eligibility within three (3)
business days after the first day that the new employee begins working for pay as required
under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees
shall use the E-Verify system to verify a new employee's employment eligibility.
C. If Subrecipient does not use E-Verify, Subrecipient shall enroll in the E-Verify system prior to
hiring any new employee or retaining any contract employee after the effective date of this
Agreement.
5. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced
with the attached revised Attachment A.
6. Attachment G, Reports,Section 3, is hereby deleted in its entirety and replaced with the following:
3. The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this
Agreement by complying with the closeout procedures in 2 CFR § 200.344. Activities during this
close-out period may include, but are not limited to making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash advances, program
income balances and accounts receivable to the Subrecipient) and determining the custodianship
of records.
Notwithstanding the terms of 2 CFR 200.344, upon the expiration of this Agreement, the
Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG-MIT funds. Further,any real property
under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-
MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be
treated in accordance with 24 CFR 570.503(b)(7).
7. Attachment G, Reports,Section 6, is hereby deleted in its entirety and replaced with the following:
6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must
comply with 24 CFR §75.25(a). Subrecipients must report the following: (i) the total number of
labor hours worked; (ii)the total number of labor hours worked by Section 3 workers; and (iii)the
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
total number of labor hours worked by Targeted Section 3 workers. If Section 3 benchmarks are
not met, the subrecipient's qualitative efforts must be reported in a manner required by 24 CFR
§75.25(b).
Subrecipients shall provide Section 3 Reporting quarterly to Commerce by the 10th of each quarter
(January 10, April 10, July 10, and October 10). For Section 3 Reporting, Subrecipients should
complete and return the Project Implementation Plan template to Commerce.
8. Exhibit 1 to Attachment I — Funding Sources, is hereby deleted in its entirety and replaced with the
attached.
9. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
Remainder of Page Intentionally Left Blank
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Docusign Envelope ID:A671 F1 AD-2325-45A3-AD5D-40534CCO2141
Docusign Envelope ID:A671F1AD-2325-45A3-AD5D40534CCO2141
Commerce Agreement Number: IR036
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number IR036,as amended.This Amendment is effective on the date
the last Party signs this Amendment.
FLORIDA DEPARTMENT OF COMMERCE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
SIGNED: SIGN(
J.ALEX KELLY k—/ JAMES K.SCHOLL
SECRETARY MAYOR
DATE: DATE:
11/22/2025 l 4 1-Z ) '2-02,
Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
MONROE COUNTY ATTORNErS OFFICE
APPROVED A$TO FORM
OFFICE OF GENERAL COUNSEL
FLORIDA DEPARTMENT OF COMMERCE COUNTYATTORNEY
1.0-22-2025
By: 2,
A st Mado k, Clerk
9-
Approved Date: 11/21/2025 2
ptAy Clerk
FOM
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
Attachment A— Project Description and Deliverables
1. PROGRAM DESCRIPTION:
In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced Commerce
would receive $633,485,000 in funding to support long-term mitigation efforts following declared
disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT)
program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and
Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National
Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169.
The Florida Department of Commerce (Commerce) has apportioned the Federal Award to include the
following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program
$20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration
$63,485,000.
This award has been granted under the General Infrastructure Program. Projects eligible for funding under
this program must be from units of general local government (UGLG) include towns, cities, counties and
villages. Eligible Activities include projects that demonstrably increase community resilience. The
following types of infrastructure projects are encouraged:
1. Restoration of critical infrastructure
2. Renourishment of protective costal dune systems and state beaches
3. Building or fortifying buildings that are essential to the health, safety and welfare of a community
4. Rehabilitation or construction of stormwater management systems
5. Improvements to drainage facilities
6. Reconstruction of lift stations and sewage treatment plants
7. Road repair and improvement and bridge strengthening
2. PROJECT DESCRIPTION:
Monroe County was awarded $1,692,481.00 of CDBG-MIT funds for the low-lying neighborhood of Key
Largo to mitigate the potential of destroyed or heavily damaged homes from future storm surge during a
storm event. The neighborhood has issues with tidally influenced inundation of residential roads and
shoreline erosion to tides and current at frequent events, which was exacerbated with Hurricane Irma.
3. SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit the below items to Commerce within thirty(30) calendar days of execution
of the agreement:
1. Organizational chart with contact information.
2. Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. If
staffing changes,there must be a submittal stating the names and job descriptions on the
monthly report deadline.
3. Attachment B, Project Budget—Develop and submit to Commerce a detailed budget for
implementation of the project.
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Commerce Agreement Number: IR036
4. Attachment C, Activity Work Plan—Develop and submit to Commerce a detailed timeline for
implementation consistent with the milestones outlined in the Mitigation Program
Guidelines.
Should any changes to the organizational chart, Attachment B or Attachment C be deemed
necessary,an updated plan must be submitted to Commerce with your monthly report for review
and approval by the Commerce Grant Manager.
B. Develop and submit a copy of the following policies and procedures to the Commerce Grant
Manager for review and approval within thirty (30) calendar days of Agreement execution. The
Commerce Grant Manager will provide approval in writing prior to the policies and procedures
being implemented.
a. Procurement policies and procedures that incorporate 2 CFR 200.317-327.
b. Administrative financial management policies,which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
c. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDGB-MIT and Commerce policies.
d. Policies and procedures to detect and prevent fraud, waste and abuse that describe how
the subrecipient will verify the accuracy of monitoring policy indicating how and why
monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored, and procedures for referring instances of fraud, waste and abuse to HUD IOG
Fraud Hotline (phone: 1-800-347-3735 or email hotlineCfhudoig.gov).
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the
CDBG-MIT grant funds when available.
D. Upload required documents into a system of record provided by Commerce.
E. Maintain organized subrecipient agreement files and make them accessible to Commerce or its
representatives, upon request.
F. Comply with all terms and conditions of the subrecipient agreement, Mitigation Program
Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws.
G. Provide copies of all proposed procurement documents to Commerce ten (10) business days prior
to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement
documents will be reviewed and approved by the Commerce Grant Manager. Should the
procurement documents require revisions based on state or federal requirements, Subrecipient
will be required to postpone procurement and submit revised documents for review and
approval.
H. Provide the following information on a quarterly basis within ten (10) calendar days after the end
of each quarter: Monthly and Quarterly Reports as detailed in Attachment G.
I. Close out report will be due no later than sixty(60) calendar days after this Agreement ends or is
otherwise terminated.
J. Subrecipient shall provide pictures to document progress and completion of tasks and final
project.
4. ELIGIBLE TASKS AND DELIVERABLES:
A. Deliverable 1—Project Implementation
Tasks that are eligible for reimbursement are as follows:
1. Technical assistance and program management for the project (Davis-Bacon review, Section
3 activities).
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2. Environmental review, administrative activities (Environmental Exemption, Public Notice
Publication(s), etc.).
3. Grant management to include invoicing, record keeping, preparing and awarding bids to
vendors.
4. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package completed
and submitted to DEO.
B. Deliverable 2—Engineering Services
Subrecipient shall:
1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in
the State of Florida, including engineering drawings, specifications, construction cost
estimate, surveys, and any other reports, documents, or information relevant to this project
and meet all local current hurricane code ratings, local codes and building codes
2. Obtain copies of all permit applications, correspondence with permitting agencies, final
permits, mitigation fees, and any other permit-related documentation for the project.
3. Conduct Construction, Engineering, and Inspections (CEI) services.
C. Deliverable 3—Construction
Subrecipient shall hire Florida licensed contractor to:
1. Conduct site(s) preparation.
2. Purchase of materials.
3. Repair of the breakwater structure.
5. DELIVERABLES: Subrecipient agrees to provide the following services as specified:
Deliverable No. 1—Program Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall provide project Subrecipient may request Failure to complete the Minimum
implementation activities as reimbursement upon completion of Level of Service as specified shall
identified in Section 4.A. of this a minimum of one (1) Project result in non-payment for this
Scope of Work. Implementation task on a per deliverable for each payment
completed task basis as detailed in request.
Section 4.A, Attachment A—Project
Description and Deliverables;
evidenced by invoice(s) noting
completed tasks as well as payroll
and other supporting
documentation, as applicable.
Deliverable No. 1 Cost: $15,388.47
Deliverable No. 2—Engineering Services
Tasks Minimum Level of Service Financial Consequences
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
Subrecipient shall complete task as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.13. of this Scope reimbursement upon completion of Level of Service as specified shall
of Work a minimum of one (1)task in result in non-payment for this
accordance with Section 4.13 of this deliverable for each payment
Scope of Work, evidenced by request.
submittal of the following
documentation:
1) Engineering design, working
drawings and associated cost
estimates, if applicable;
2) Copies of all required permits,
if applicable; and
3) Invoice package in accordance
with Section 7 of this Scope of
Work.
Deliverable No. 2 Cost: $203,764.65
Deliverable No. 3-Construction
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete task as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.0 of this Scope reimbursement upon completion of Level of Service as specified shall
of Work activities in accordance with Section result in non-payment for this
4.0 of this Scope of Work in the deliverable for each payment
following increments: 5%, 10%, request.
15%, 20%, 25%, 30%, 35%,40%,
45%, 50%, 55%, 60%, 65%, 70%,
75%, 80%, 85%, 90%, 95%, and
100%, evidenced by submittal of the
following documentation:
1) AIA forms G702 and G703, or
similar accepted Commerce
form, completed by a licensed
professional certifying to the
percentage of project
completion;
2) Photographs of project in
progress and completed; and
3) Invoice package in accordance
with Section 7 of this Scope of
Work.
Total Deliverable 3 Cost: $1,473,327.88
TOTAL PROJECT COST NOT TO EXCEED$1,692,481.00
COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 5
tables above are established based on the Parties estimation of sufficient delivery of services fulfilling
grant purposes under the Agreement in order to designate payment points during the Agreement Period;
however, this is not intended to restrict Commerce's ability to approve and reimburse allowable costs
Subrecipient incurred providing the deliverables herein. Prior written approval from Commerce's Grant
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each
deliverable total funding amount. Changes that exceed 10%of each deliverable total funding amount will
require a formal written amendment request from Subrecipient, as described in Modification section of
the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount
of this Agreement.
6. COMMERCE RESPONSIBILITIES:
A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in
accordance with the Agreement to the extent required by law or deemed necessary be Commerce
in its discretion.
B. Assign a Grant Manager as a point of contact for Subrecipient.
C. Review Subrecipient's invoices described herein and process them on a timely basis.
D. Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines
necessary at Commerce's sole and absolute discretion, and process payments to Subrecipient.
7. INVOICE SUBMITTAL:
Commerce shall reimburse the Subrecipient in accordance with Section 5, above. In accordance
with the Funding Requirements of s. 215.971(1), F.S. and Section (20) of this Agreement, the
Subrecipient and its subcontractors may only expend funding under this Agreement for allowable
costs resulting from obligations incurred during this Agreement. To be eligible for
reimbursement, costs must be in compliance with laws, rules and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State
Expenditures (hops://www.mVfloridacfo.com/does-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf).
A. Subrecipient shall provide one invoice per month for services rendered during the applicable
period of time as defined in the deliverable table. In any month no deliverable has been
completed, the subrecipient will provide notice that no invoicing will be submitted.
B. The following documents shall be submitted with the itemized invoice:
1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being
claimed in the invoice package: (1)are specifically for the project represented to the State
in the budget appropriation;(2)are for one or more of the components as stated in Section
5, DELIVERABLES,of this SCOPE OF WORK; (3) have been paid;and(4)were incurred during
this Agreement.
2. Subrecipient's invoices shall include the date, period in which work was performed,
amount of reimbursement, and work completed to date;
3. A certification by a licensed professional using AIA forms G702 and G703, or their
substantive equivalents,certifying that the project,or a quantifiable portion of the project,
is complete. Include if applicable to your program
4. Photographs of the project in progress and completed work;
5. A copy of all supporting documentation for vendor payments; and
6. A copy of the bank statement that includes the cancelled check or evidence of electronic
funds transfer. The State may require any other information from Subrecipient that the
State deems necessary to verify that the services have been rendered under this
Agreement.
C. If the Subrecipient is a county or municipality that is a rural community or rural area of
opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted
invoices may be issued for verified and eligible performance that has been completed in
accordance with the terms and conditions set forth in this Agreement to the extent that federal
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
or state law, rule, or other regulations allows such payments. Upon meeting either of the criteria
set forth below,the subrecipient may elect in writing to exercise this provision.
1. A county or municipality that is a rural community or rural area of opportunity as those
terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or
2. A county or municipality that is a rural community or rural area of opportunity as those
terms are defined in section 288.0656(2), F.S., and which is located in a fiscally
constrained county, as defined in section 218.67(1), F.S. If the Subrecipient meets the
criteria set forth in this paragraph,then the Subrecipient is deemed to have demonstrated
financial hardship.
D. The Subrecipient's invoice and all documentation necessary to support payment requests must
be submitted into Commerce's Subrecipient Enterprise Resource Application (SERA). Further
instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be
provided upon execution of the agreement.
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
Exhibit 1 to Attachment I—Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S. Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: $1,692,481.00
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
Project Description:
Funding is being provided for Monroe County in order
to restore the breakwater structure to mitigate
This is not a research and development award. flooding in the future.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement
are as Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048, F.S.
2. The Subrecipient shall perform its obligations in accordance with 24 CFR §§570.480—570.497.
3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments
or exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3),
F.A.C.
5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not
necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the
Subrecipient's Notice of Subgrant Award/Fund Availability(NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs: N/A
Subject to Section 215.97, Florida Statutes: N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as
Follows: N/A
NOTE: Title 2 CFR§ 200.331 and Section 215.97(5), F.S., require that the information about Federal
Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be
provided to the Subrecipient.
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