HomeMy WebLinkAbout2010-023 6E .
AMENDMENT No : 1
DEP AGREEMENT No : 07IR2
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
WABASSO BEACH RESTORATION
THIS AGREEMENT entered into on the 31s' day of December, 2007 , between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ( hereinafter referred to as the " DEPARTMENT " )
whose address is 3900 Commonwealth Boulevard , Tallahassee, Florida 32399-3000 and the INDIAN RIVER
COUNTY , whose address is 1801 27"' Street, Vero Beach , Florida 32960 a local government, (hereinafter
referred to as the " LOCAL SPONSOR" ) , is hereby amended as follows :
WHEREAS , the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to extend this
Agreement; and,
WHEREAS , other changes to the Agreement are necessary .
NOW, THEREFORE, the parties hereto agree as follows :
• Paragraph 2 is hereby deleted in its entirety and replaced with the following :
This Agreement shall begin on the last date executed and end on April 31 , 2011 . Pursuant to Section
161 . 101 ( 18 ) , Florida Statutes, work conducted on this project by the LOCAL, SPONSOR or its
subcontractor beginning on or after December 1 , 2007 , may be eligible for cost sharing
by the
DEPARTMENT . If work identified in the approved Project Work Plan is completed prior to the date
shown in the first sentence of this paragraph , the modification will be reduced to writing
in an
amendment to this Project Agreement .
• Paragraph 6 is hereby deleted in its entirety and replaced with the following :
The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms
and conditions set forth in this Agreement and all present and future requisite authorizations
and
environmental permits . The PROJECT consists of the restoration and maintenance of approximately 6 . l
miles of Atlantic shoreline between FDEP Reference Monuments R20 and R55 . In addition , the project
includes emergency dune restoration for Wabasso Beach Park, Baytree , Marbrisa and Sea Grape trail .
The DEPARTMENT during the construction phase will only cost share on work done within the
critically eroded section of the project, R20 to R51 . 3 . The life of the PROJECT is defined as ten (
10)
years commencing upon execution of this Agreement and re- initiated upon execution of subsequent
amendments to this Agreement for additional funding . The parties expressly agree that the provisions of
this paragraph shal I survive and be enforceable beyond the expiration date of this Agreement .
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DEP Agreement No . 071R2 , Amendment No . 1 , Page 1 of 5
• Paragraph 7 Table 1 is hereby revised as follows and the following language is hereby added to
the Agreement :
TABLE 1
Task # Eligible Project Tasks Estimated Project Costs
Federal DEP Local Total
2 .0 Design and Permitting
2 . 1 Design and Permitting $ 34207 . 89 $342 , 607 . 89 $ 6855215 . 78
2 . 2 Design and Permitting - ECL $ 121323 . 00 $ 12X3 . 00 $24 646 . 00
2009 ( 50%)
Design and Permitting $0 $3549930. 89 $3549930 . 89 $7099861 .78
Subtotal
3 . 0 Construction
3 . 1 2007 Emergency Dune $ 1901430 . 00 $ 190 , 430 . 00 $380 , 860 . 00
Restoration
3 . 2 Construction Bidding Services $22 , 247 . 00 $24 , 667 . 00 $461914 . 00
2009 (47 . 42% )
Construction Subtotal $0 $2129677 .00 $2159097 . 00 $4279774 .00
TOTAL PROJECT COSTS $0 $5679607.89 $5709027 . 89 $ 191379635. 78
Prior written approval from the DEPARTMENT ' s Grant Program Administrator shall be required for
changes between approved Project Tasks costs . Informal changes by the DEPARTMENT ' s Grant
Program Administrator may not exceed 10% of the total budget amount and may not change the Total
Project Costs . The DEPARTMENT ' s Grant Program Administrator will transmit a copy of the written
approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement
file . Changes to Project Task costs greater than 10% will require a formal amendment to the Agreement .
Any change to the Total Project Costs require formal amendment .
• Paragraph 8 is hereby deleted in its entirety and replaced with the following :
The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost
sharing . Therefore , the DEPARTMENT' s financial obligation shall not exceed the sum of $ 567 , 607 . 89
for this PROJECT or up to 50 percent of the non -federal PROJECT cost for task 2 . 1 , 2 . 2 , and 3 . 1 , and
up to 47 . 42 percent of the non-federal PROJECT cost for task 3 . 2 due to lack of Legislative funding, if
applicable, for the specific eligible PROJECT items listed above, whichever is less . To the extent
applicable, it is understood and agreed that for portions of the PROJECT which are located within lands
owned and managed by the DEPARTMENT ' s Division of Recreation and Parks, no cost share for
construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such
portions shall be paid by the DEPARTMENT .
• Paragraph 14 is hereby revised to replace the fourth sentence as follows :
The cumulative amount retained for each eligible Task Scope of Work shall be disbursed to the LOCAL
SPONSOR upon notification to the DEPARTMENT with an executed notice of completion ( Attachment
D) and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the
terms and conditions of the Agreement, all applicable DEPARTMENT permits and the applicable scope
of work for said item .
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DEP Agreement No . 07I112 , Amendment No . 1 , Page 2 of 5
• Paragraph 19 is hereby deleted in its entirety and replaced with the following :
The LOCAL SPONSOR ' s Project Manager for all matters is James Gray, Phone : 772/226 - 1344 . The
DEPARTMENT' s Project Manager for all technical matters is Guy Weeks, Phone : 850/922 - 7714 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 .
• Paragraph 22 is hereby deleted in its entirety and replaced with the following :
Any and all notices shall be delivered to the parties at the following addresses :
LOCAL SPONSOR DEPARTMENT
James Gray Dena VanLandingham , Grants Program Administrator
Indian River County Department of Environmental Protection
1801 27`x' Street Bureau of Beaches and Coastal Systems
Vero Beach , FL 32960 3900 Commonwealth Blvd . , MS 300
772 -226 - 1344 Tallahassee, Florida 32399 -3000
( 850 ) 922 -7711
Dena . vanlandingham@dep . state . fl . us
Any changes to the contact information shown above must be reduced to writing in the form of
a
Change Order to this Agreement .
• Paragraph 25 is hereby revised to add the following as subparagraph C :
C . In addition , the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment F , attached hereto and made a part hereof, within
four (4) months following the end of the Grantee ' s fiscal year. Attachment F should be
submitted to the DEPARTMENT ' s Grants Development and Review Manager at 3900
Commonwealth Boulevard, Mail Station 93 , Tallahassee , Florida 32399 -3000 . The Grants
Development and Review Manager is available to answer any questions at ( 850 ) 245 -2361 .
• Paragraph 35 is hereby deleted in its entirety and replaced with the following :
The LOCAL SPONSOR shall also provide the bid form for the successful bidder . The LOCAL
SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies,
design and permitting and monitoring tasks in accordance with Chapter 287 , F . S . Upon the
DEPARTMENT ' s request, the LOCAL SPONSOR shall furnish copies of the respective solicitation
documents . Solicitation documents include , but are not limited to , the solicitation and responses thereto,
the bid tabulations, and the resulting contract( s), including a detailed scope of work .
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DEP Agreement No . 07IR2 , Amendment No . 1 , Page 3 of 5
• Paragraph 38 is hereby deleted in its entirety and replaced with the following :
The DEPARTMENT may at any time , by written order designated to be a change order, make any
change in the Grant Manager information or task timelines within the current authorized Agreement
period . All change orders are subject to the mutual agreement of both parties as evidenced in writing .
Any change , which causes an increase or decrease in the Grantee ' s cost or time, shall require formal
amendment to this Agreement . Minor modifications which will be handled with a change order include
notification of a change in Contract/Project Manager, modification of deliverable due dates when such
change does not involve a contract extension , and modifying the scope of services when
such
modification would not involve a decrease/ increase in price or an extension of the contract performance
period .
• All references to Attachment(s) A and C , respectively , are hereby deleted and replaced with
references to Attachment( s) A - I and C - 1 .
• Attachment( s) A and C are hereby deleted in their entirety .
• Attachment( s) A- 1 and C - I as attached hereto are hereby added to the Agreement .
• Attachment F as attached hereto is hereby added to the Agreement .
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto,
shall remain in full force and effect .
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DEP Agreement No . 07IR2 , Amendment No . 1 , Page 4 of 5
IN WITNESS WHEREOF , the parties have caused these presents to be duly executed , the day and year
last written below .
INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By By : 4rnm
Title : Commission Chair Peter D . f ' Bryan Secretary or designee
Date: : . January 19 , 2010 Date :
FEID No . ' '9 -6000674
Department of EnvironmenikP Protection
Grant Program Administrator
APPROVED as to form and legality :
Grantee ' s Attorney Department of Envi ental Protection
Attorney
* 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 Agreement :
Specify Letter/
Type Number Description ( include number of pages )
Attachment A- 1 Project Work Plan (2 pages)
Attachment C - 1 Request For Payment, Parts I - III ( 3 pages)
Attachment F Certification of Applicability to Single Audit Act Reporting ( I Page)
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DEP Agreement No . 07IR2 , Amendment No . 1 , Page 5 of 5
ATTACHMENT A- 1
PROJECT WORK PLAN
WABASSO BEACH RESTORATION
The PROJECT consists of the restoration and maintenance of approximately 6 . 1 miles of Atlantic shoreline
between FDEP Reference Monuments R20 and R55 . In addition , the project includes emergency dune
restoration for Wabasso Beach Park, Baytree , Marbrisa and Sea Grape trail . The DEPARTMENT during the
construction phase will only cost share on work done within the critically eroded section of the project , R20 to
851 . 3 . 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 . us/beaches/ . 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 and
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 activity costs are
shared and conducted in concert with contract 071R
2 .2 Design and Permitting - ECL 2009
Coastal Technology Corporation , Inc . and Morgan & Eklund have been retained by Indian River
County to conduct design and permitting activities associated with the Wabasso Beach Restoration
Project ( Sector 3 ) . Tasks included as part of the design and permitting efforts include establishment
of the Erosion Control Line . Initially this will involve surveying and plotting the mean high water
line , preparing the legal description and coordination with the Department of Environmental
Protection for review and approval of MHW survey .
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DEP Agreement No . 07182 , Amendment No . 1 , Attachment A- 1 Page I of 2
3 . 0 Construction
3 . 12007 Emergency Dune Restoration
Work performed and costs incurred associated with the design , permitting and placement of fill material
within the project area . Eligible costs may include mobilization , demobilization , construction observation or
inspection services and beach fill . Construction shall be conducted in accordance with any and all permits
issued by the Department . Total cost for the described services is $450 , 000 . 00 . The scope of work
was
approved on November 30 , 2007 .
3 .2 Construction Bidding Services 2009
Coastal Technology Corporation , Inc . has been retained by Indian River County to conduct bidding services
that involves the ranking and contract award process , technical specifications , bidding phase and review of
bid documents .
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DEP Agreement No . 071R2 , Amendment No . 1 , Attachment A - 1 , Page 2 of 2
ATTACHMENT C4
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project : WABASSO BEACH RESTORATION
Grantee : INDIAN RIVER COUNTY DEP Contract Number: 07IR2
Billing Number : Billing Period :
Billing Type : ❑ Interim Billing ❑ Final Billing
Costs Incurred This Payment Request :
Federal Share * State Share Local Share Total
* if applicable
Cost Summary :
State Funds Obligated $ Local Funds Obligated $
Less Advance Pay $ Less Advance Pay $
Less Previous Payment $ Less Previous Credits $
Less Previous Retained $
Less This Payment $ Less This Credit $
Less This Retainage ( 10%) $ Local Funds Remaining $
State Funds Remaining $
Certification : I certify that this billing is correct and is based upon actual obligations of record by the
grantee ; that
payment from the State Government has not been received ; that the work and/or services are in accordance with
the
Department of Environmental Protection , Bureau of Beaches and Coastal Systems approved Project Agreement including
any amendments thereto ; and that progress of the work and/or services are satisfactory and are consistent with the amount
billed .
Name of Project Administrator Signature of Project Administrator Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No . 07IR2 , Amendment No . 1 , Attachment C - 1 , Page 1 of 3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART II
REIMBURSEMENT DETAIL
Name of Project: Billing# Billing Period : DEP CONTRACT NUMBER Invoice Adjustments (To be completed by DEP :
Grantee : Reasons for changes noted below)
Date OF Amount Paid
Eligible Total Amount Changes per p BBCS Changes per g p BBCS Approved
Item # Invoice # Project sowiBiD # (3) Vendor Name Check or Debit# Eligible for State
INVOICE Vendor ( 1 ) Item (2) Share (4) Project Manager (5,6) Accountant (5,6) Eligible Cost (b)
1
2
3
4
5
6
7
8
9
10
Totals for all items on page :
Item # Notes and invoice adjustment explanations per item # (5)
Certification : I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks,
and other purchasing documentation are maintained as required to
support the cost reported above and are available for audit upon request.
Name/Signature of Project Administrator Date
Name/Signature of Project Financial Officer Date
Form Instructions:
( 1 ) Grantee: enter exact amount of check or debit.
(2) Grantee: enter the subtask ID# from the Eligible Project Item table of the DEP Grant.
(3) Scopes of work and bids that have been approved for DEP cost share may be assigned a tracking identifier number. Grantee: Insert this tracking
number when applicable.
(4) Grantee: insert only the amount of vender payment that is assumed to be eligible for DEP cost share.
(5) Grantee: DEP Project Managers and accountants will make necessary corrections or adjustments within the terms of the contract and in accordance with
state rule.
6 DEP staff: Enter the total amount of line item increase or decrease : if the adjustment is a decrease , preceed the amount with the "" minus
sign .
DEP Agreement No . 07182 , Amendment No . 1 , Attachment C - 1 , Page 2 of 3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project : WABASSO BEACH RESTORATION
Grantee : INDIAN RIVER COUNTY DEP Contract Number: 07IR2
Report Period :
Status of Eligible Project Items : ( Describe progress accomplished during report period , including
statement( s) regarding percent of task completed to date . Describe any implementation problems
encountered, if applicable . )
Task Eligible Project
No : Item :
2 . 0 DESIGN AND PERMITTING
2 . 1 DESIGN AND PERMINTING
2 . 2 DESIGN AND PERMINTING - ECL 2009
3 . 0 CONSTRUCTION
3 . 1 2007 EMERGENCY DUNE RESTORATION
3 . 2 CONSTRUCTION BIDDING SERVICES 2009
DEP Agreement No . 07IR2 , Amendment No . 1 , Attachment C - 1 , Page 3 of 3
ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee ' s Name :
Grantee ' s Fiscal Year Period : FROM : TO :
Total State Financial Assistance Expended during Grantee ' s most recently completed Fiscal
Year : $
Total Federal Financial Assistance Expended during Grantee ' s most recently completed Fiscal
Year : $
Please identify grants to be included in the Single Audit that are provided by the Department of
Environmental Protection
CSFA# CFDA# DEP GRANT AGREEMENT NUMBER
CERTIFICATION STATEMENT :
I hereby certify that the above information is correct :
Name Date
Title
DEP Agreement No . 071R2 , Amendment No . 1 , Attachment F , Page 1 of 1