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HomeMy WebLinkAboutR-2015-08DEP AGREEMENT NO. S0736 AMENDMENT NO.2 THIS AGREEMENT as entered into on February 10, 2015, and amended on November 30, 2016, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF TAMARAC (hereinafter referred to as the "Grantee") is hereby amended. WHEREAS, due to delays in finalizing the project site plan, the Grantee has requested an additional eighteen (18) months to complete work; and, WHEREAS, the Department has agreed to this no -cost extension to complete the project; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: -- Paragraph 2 is hereby revised to change the expiration date of the Agreement to September 30, 2019. -- Paragraph 3.B. is hereby deleted in its entirety and replaced with the following: 3. B. 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 between approved budget categories, as defined in Attachment A, are less than ten percent (10%) 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 changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) 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. -- Paragraph 4 is hereby deleted in its entirety and replaced with the following: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. DEP Agreement No. S0736, Amendment No. 2, Page 1 of 3 -- Attachment A, Project Summary is hereby revised to add the following: The Grantee does not anticipate that the funding under this agreement will result in a fully completed project, so this agreement will cover a portion of the work. -- Attachment A, Task 4 is hereby deleted in its entirety and replaced with the following: Task 4: Construction Task Description: The Grantee will construct a complex network of drainage inlets (catch basins), drainage pipes and outfalls to capture and control the stormwater run-off for the 23 +/- acre project in accordance with the construction contract documents. Water quality treatment for the project will be provided by a combination of dry retention areas, exfiltration trench and stormwater control structures. 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 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. -- Attachment A, Project Timeline is hereby deleted in its entirety and replaced with the following: PROJECT TIMELINE: The tasks must be completed and all deliverables received by the corresponding task end date. Task/ Deliverable Task or Deliverable Title Task Start Task End No. Date Date 1 Project Design 2/10/2015 4/30/2018 2 Permitting Process 2/10/2015 6/30/2018 3 Bidding Project/ Awarding Contract 11/1/2016 7/31/2018 4 Construction 2/1/2017 9/30/2019 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. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. DEP Agreement No. 50736, Amendment No. 2, Page 2 of 3 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. CITY OF TAMARAC B t,*Title: 0- ,, /144vv51C V- Date: I l - 6, ( AP VE T, FORM: ATTO!VrY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date: 1.17 Michael Barr, DEP Grant Manager DEP QC Reviewer *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. DEP Agreement No. S0736, Amendment No. 2, Page 3 of 3