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payments may be rescinded, with proper notice, at the discretion of the Department if the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