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HomeMy WebLinkAbout2008-254AMENDMENT No: 1 DEP AGREEMENT No: 07IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS HURRICANE RECOVERY PLAN STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR WABASSO BEACH RESTORATION THIS AGREEMENT is entered into on the 8`h day of January, 2007, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the INDIAN RIVER COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows: • Paragraphs 1, 6, 7, 16, and 18 are hereby revised to read as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the WABASSO BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A-1 (Project Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Table 1: Estimated Project Costs Task # Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design and Permitting 2.1 Design and Permitting $0 $676,667 $67,666 $7449333 TOTAL PROJECT COSTS $0 $676,667 $679666 $7449333 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07IR1, Amendment No, 1, Page 1 of 3 7. A. The DEPARTMENT's financial obligation shall not exceed the sum of $676,667 for this PROJECT or up to 90.91 percent of the non-federal PROJECT cost, if applicable, whichever is less. The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. B. The LOCAL SPONSOR shall provide the local match required by Section 3 of Chapter 2004- 475, Laws of Florida, unless such matching requirement is waived or reduced by the Executive Office of the Governor pursuant to the provisions of Chapter 2004-475, Laws of Florida. The LOCAL SPONSOR shall document to the DEPARTMENT any matching funds waiver or reduction upon receipt from the Executive Office of the Governor, unless such waiver has been obtained through the DEPARTMENT. C. The DEPARTMENT shall authorize payments in the amount of 90.91% of total eligible project costs, subject to the funding limits established herein, on a per invoice basis. If the LOCAL SPONSOR's required match percentage (amount) is reduced or waived in its entirety, the payment percentage amount for all eligible costs shall be adjusted accordingly. 16. The LOCAL SPONSOR's Project Manager for all matters is Jonathan Gorham, Phone: 772/567-8000. The DEPARTMENT's Project Manager for all technical matters is Wagner Yajure, Phone: 850/921-7837 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 18. Any and all notices shall be delivered to the parties at the following addresses: ri LOCAL SPONSOR Jonathan Gorham Indian River County 4375 43rd Avenue, Unit 102, Vero Beach, Florida 32967 (772)567-8000 Gorham@ircgov.com DEPARTMENT Dena VanLandingham, Grant Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850)922-7711 Dena.VanLandingham@dep.state.fl.us All references to Attachment A. respectively, are hereby deleted and replaced with references to Attachment A-1. Attachment A is hereby deleted in their entirety. Attachment A-1 as attached hereto is hereby added to the Agreement. Exhibit 1 to Attachment E is hereby deleted in its entirety and replaced with Exhibit IA, attached hereto and made a part hereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07IR1, Amendment No. 1, Page 2 of 3 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. INDIAN RIVER COUNTY By: Title: " C mmission Attest: J. K. Baxto :C3erk 1 3 . , ,.putX Clerk FEID No. "59j6000674 a C oiui %l X164. 9strator APPROVED AS 100 FORM AND LE AL SUFFECIENC: MARlACd �. r _ b_t_ ASSISTAN'i COUNTY ATTORNEY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: f It. to $ �N awoll�w ' Department of Environmental Grant Program Administrator APPROVED as to form and legality: Department of Attorney Protection *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A-1 Project Work Plan (1 page) Attachment E Exhibit IA (page 5 of 5) DEP Agreement No. 07IR1, Amendment No. 1, Page 3 of 3 ATTACHMENT A-1 PROJECT WORK PLAN WABASSO BEACH RESTORATION The PROJECT consists of the restoration and maintenance of approximately 7.1 miles of Atlantic shoreline between FDEP Reference Monuments R17 and R55. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.usibeaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 Design and Permitting Coastal Technology Corporation, Inc. has been retained by Indian River County to conduct design and permitting activities associated with the Wabasso Beach Restoration Project. Tasks included as part of the design and permitting efforts include the following: Plan Formulation, Design, Permit Application, FDEP Permit Processing, USACE Permit Processing and NEPA Compliance, Project Administration and Coordination, Engineering and geological analyses, Controlled aerial photography, Biological mapping and characterization, Turtle abundance and QA/QC coordination of investigations. Total cost for the described tasks is $1,429,548.00. The described activities and cost are shared and conducted in concert with contract 07IR2. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R 1, Amendment No. 1, Attachment A-1, Page 1 of 1 Le ¢ a) A� U � 3 42 AN w 0 O U � •� N U O A y U � U w � „ 0 o Y � U y 4C4 Cd y Ub N c� N u •ca4 U N r-+ cd ¢ a to cd U u. 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