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HomeMy WebLinkAbout2014-149 (2)A TRUE COPY I 0 ' 1• )l ;ERTIFICATION ON LAST PAGE v 121 , TO ?t U13LI C, W OS S ".R. SMITH, CLERK AMENDM8NT No. 1 e-:1 DEP AGREEMENT No: 14IR2qPIP�, 1� t FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT THIS AGREEMENT was entered into the 22"d day of November, 2013, and revised by change order on the 3`d day of September, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road, MS 3554, Tallahassee, Florida 32399, and INDIAN RIVER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is Indian River County Public Works, 1801 27`h Street, Vero Beach, Florida 32960, for the project described herein. WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to include an additional scope of work, which will be incorporated by execution of this amendment. Accordingly, the Grant Work Plan is revised as set forth in Attachment A-2; and, WHEREAS, other changes to the Agreement are necessary. Paragraph 2 sentence two is hereby deleted in its entirety and replaced with the following: Pursuant to Section 161.101 (18), Florida Statutes, and 62B-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after November 1, 2012, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. Paragraph 7 is hereby deleted in its entirety and replaced with the following: A. For deliverables in tasks 2.1, 3.1, 3.2 and 3.3A -C, as specified in Attachment A-2, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. B. For deliverable 3.313 in Attachment A-2, the LOCAL SPONSOR shall submit detailed Scopes of Work for each storm repair, the DEPARTMENT shall review it as to content, deliverables, schedule and cost. The LOCAL SPONSOR shall be notified by a written Letter of Authorization from the DEPARTMENT's Program Administrator of approval of the detailed Scope of Work for that specific location. Copies of Letters of Authorization, which includes a copy of the approved detailed Scope of Work, shall be sent to the DEPARTMENT's Bureau of Finance and Accounting and must accompany each request for reimbursement for that Scope of Work. A Letter of Authorization must be received by the LOCAL SPONSOR prior to initiating any work on a PROJECT task. The total of all Letters of Authorization shall not exceed the total for Deliverable 3.313 in Attachment A-2. DEP Agreement No. 14IR2, Amendment No. 1, Page 1 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Paragraph 8 Table 1 is hereby deleted is its entirety and replaced with the following: TABLE 1 Paragraph 13 is hereby revised to update the Request for Payment forms; Attachment E-1 (Request for Payment Parts I-IV) attached hereto and made a part of the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14IR2, Amendment No. 1, Page 2 of 3 Federal Task # Eligible Project Tasks State Cost Share (%) Estimated DEP Local Total Project Costs 2.0 2.1 Desiizn Design of Dune repairs 50% $42,722.50 $42,722.50 $85,445.00 3.0 Construction Dune Repairs Reimbursement - 50% $135,196.50 $135,196.50 $270,393.00 3.1 Orchid Dune Repairs Reimbursement - 50% $37,575.50 $37,575.50 $75,151.00 3.2 Wabasso and Golden Sand 3.3 Hurricane Repair Construction 50% $2,484,505.50 $2,484,505.50 $4,969,011.00 $2,700,000.00 $2,700,000.00 $5,400,000.00 TOTAL PROJECT COSTS Paragraph 13 is hereby revised to update the Request for Payment forms; Attachment E-1 (Request for Payment Parts I-IV) attached hereto and made a part of the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14IR2, Amendment No. 1, Page 2 of 3 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: INDIAN RIVER COUNTY Title: Commission Chair o,.�; Peter D. O'Bryan �r Date: October 71 2014 FEID No. 59-2073525 N� ........ R CQ... B \ Co!Jose ABair , unty Administrator Reingold,'Local Sponsor's Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Dep ment of Environmental Protection Secretary or designee Date: A2r w-ly Department of Environmental Fk4tection Grant Program Administrator Department of Erivipbnmental 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-2 Revised Grant Work Plan (3 pages) Attachment E-1 Request For Payment, Parts I - IV (4 pages) DEP Agreement No. I4IR2, Amendment No. 1, Page 3 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE TR S�-�l�'H. CLERK ATTACHMENT A-2 REVISED GRANT WORK PLAN Project Title: Indian River County Hurricane Repair Project Project Location: Indian River County R20 — R51.3 Project Background: This Project consist of the restoration and maintenance of approximately 32,090 feet (6.1 miles) of critically eroded shoreline between FDEP Reference Monuments R20 and R51.3. The Sector 3 Beach and Dune Restoration Project was constructed in three (3) separate phases from 2010-2012, placing approximately 550,000 cubic yards of sand in the project area. In October of 2012, the project was impacted by Hurricane Sandy. Emergency dune nourishment was conducted jointly under authority granted under the FDEP Emergency Final Order — OGC No. 12-1641. Design for a full dune repair project is ongoing, with construction anticiapted for 2014/2015. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT 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 Monitoring Standards for Beach Erosion Control Projects (2004) and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be found at http://www del2state flus/beaches/publications/pdf/PhysicalMonitorinpStandards.12df. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.1 Design and Permitting of the Restoration Coastal Planning and Engineering Inc. has been retained by Indian River County to conduct professional services to assist the COUNTY with timely negotiation of acceptable FDEP and USACE permits for the proposed Dune Repair Project. Specific tasks associated with these efforts include: FDEP and USACE Permit Negotiations and Data Monitoring Support coordination services through receipt of Agency action. Deliverable A: One electronic submission of the final design report. Total Cost: $11,747 ($5,873.50 — DEP funds). Due Date: January 30, 2017. Deliverable B: One electronic submission of 2013 Sector 3 beach profile monitoring surveys from Morgan & Eklund, Inc. Total Cost: $17,050 ($8,525 — DEP funds). Due Date: January 30, 2017. Deliverable C: One electronic submission of the pre -application meeting minutes. Total Cost: $5,991 ($2,995.50 — DEP funds). Due Date: January 30, 2017. Deliverable D: One electronic submission of the environmental assessment. Total Cost: $7,594 ($3,797— DEP funds). Due Date: January 30, 2017. Deliverable E: One electronic submission of the permit application. Total Cost: $22,598 ($11,299 —DEP funds). Due Date: January 30, 2017. DEP Agreement No. 14IR2, Amendment No. 1, Attachment A-2, Page 1 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Deliverable F: One electronic submission of the RAI responses. Total Cost: $7,967 ($3,983.50 — DEP funds). Due Date: January 30, 2017. Deliverable G: One electronic submission of the final construction plans and specifications. Total Cost: $12,498 ($6,249 — DEP funds). Due Date: January 30, 2017. 3.0 Construction Work performed and costs associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as required, to assure all project -related construction is completed to desired specifications. 3.1 Emergency Dune Nourishment- Orchid Beach In coordination with Indian River County, the Town of Orchid Beach awarded a construction contract to the lowest qualified bidder for emergency dune stabilization for the Orchid Beach section of the Sector 3 Project to address damages sustained during Hurricane Sandy. Eligible costs include mobilization, demobilization, beach fill, permit compliance, beach tilling, and native beach -dune vegetation. The Town and the County have an interlocal agreement to provide reimbursement to the Town, who acted on behalf of the county during the emergency situation. Deliverable A: Copy of All Periodic Certified Pay invoices as submitted by Contractor and approved by The Town of Orchid. Total Cost: $270,393 ($135,196.50 — DEP funds). Due Date: January 30, 2017. 3.2 Emergency Dune Nourishment- Wabasso and Golden Sands Indian River County awarded a construction contract to the lowest qualified bidder for Emergency dune stabilization for the Wabasso and Golden Sand Project to repair damages sustained during Hurricane Sandy. Eligible Costs include mobilization, demobilization, beach fill, permit compliance monitoring, nest relocation, beach tilling, and native beach -dune vegetation. Deliverable A: Copy of All Periodic Certified Pay Invoices as submitted by Contractor and approved by County for the Wabasso repair. Total Cost: $32,865 ($16,432.50 — DEP funds). Due Date: January 30, 2017. Deliverable B: Copy of All Periodic Certified Pay Invoices as submitted by Contractor and approved by County for the Golden Sands repair. Total Cost: $42,286 ($21,143 — DEP funds). Due Date: January 30, 2017. DEP Agreement No. 14IR2, Amendment No. 1, Attachment A-2, Page 2 of 3 A TRUE COPY CERTIFICATION ON LASTPAGE R SMITH, CLERK 3.3 Hurricane Repair Construction Indian River County will proceed with a storm repair project to replace sand lost during the passage of Hurricane Sandy. The project will place 154,700 cubic yards landward of the mean high water line. Sand will be truck hauled from an upland sand mine approved in the Joint Coastal Permit 0285993. Authorization for the storm repair is provided in 0285993 -008 -JN for one-time only placement. Deliverable A: Pay surveys for completed Indian River County Hurricane Repair Project construction event. Total Cost: $3,076,920 (DEP cost $1,538,460). Due Date: January 30, 2017. Deliverable B: Final Project Report and Certification. Total Cost: $57,319 (DEP cost $28,659.50). Due Date: January 30, 2017. Deliverable C: Sea turtle monitoring report including pre- and post -construction lighting survey findings, disorientation summary, total nests observed, total nests relocated, nesting success and hatching success. Total Cost: $21,376 (DEP cost $10,688). Due Date: January 30, 2017. Deliverable D: Supplemental Services Report, detailing unanticipated construction costs incurred during storm repair. Pending scopes of work included under this task must be approved by Division staff prior to initiation of work per Agreement paragraph 7B. Total Cost: $1,813,396 (DEP cost $906,698). Due Date: January 30, 2017. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. , DEP Agreement No. 14IR2, Amendment No. 1, Attachment A-2, Page 3 of 3 A TRJEOE PY QTTICATJO V ON LASTPAGE ., �,,� H, Ci Pv ATTACHMENT E-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 141R2 Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage (10%) State Funds Remaining Local Share Total Local Funds Obligated $ Less Advance Pay $_ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ DEP Agreement No. 14IR2, Amendment No. 1, Attachment E-1, Page 1 of 4 r� a� C L O d ma ; LL M m C1 E m a7 z N CL C c o LAN 0 t A U CL y 3� c y 0~ d_ d m T a � a m W ) z � z z W W C 7 O W v `6 E Li Q � W 1i e .0 N m � U al � r l m = O m rn o 0 m C W a m CL _ O m a cn E .L m 8Z l6 V 0 (L y � tm m d C m U a0ITT Z m Q m ^� T+ o° t N m W ) z � z z W W C 7 O W v `6 E Li Q � W 1i e .0 N a; a U N E v N C l0 N v E � E - `p y w N a V @j Z N N 9 Q O N U m ° a E o E In 0 U d al m u •C O OZ N � N t0 1a Y E � v VOi '0o O N C a1 N N 00 L C v ° n a v O v 00 in N N v M Ln N p N L oa c - y LL� Q A v ME o 2 . m = N o U _ F c O U N N U 7 F- O m = E v o; v E N LL N c .4 m � Y c y y Q bo n v M v a u c aj o p u to Mv .O1 aL. 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QL f�0 O u L w 3 U w a y CL a fua C ba .fl V1 V c N 2i c �; r n �+' O O c ° c u, c m y `a -c cc E° p v p a U ut v A m Atg > v c y d D A LL c vLi in c t a o 'vi'70 41 3 v p v m o v o p o LL m a 0 w e Z a in a 3 N H Z LL �.a c� uI 2 Y O cr- � J } O U O _ cJ c.3 Lu ,.i.:� P= C/3 !— w oC �C c-.') A "i RUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 14IR2 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: (SEE EXAMPLE) 2.0 DESIGN AND PERMITTING 2.1 Design and Permitting of the Restoration 3.0 CONSTRUCTION 3.1 Emergency Dune Nourishment- Orchid Beach 3.2 Emergency Dune Nourishment- Wabasso and Golden Sands 3.3 Hurricane Repair Construction DEP Agreement No. 14IR2, Amendment No, 1, Attachment E-1, Page 3 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 14IR2 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; 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, Beach Management Funding Assistance Program's 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. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the grant work plan. I certify that the purchases noted 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 of Project Administrator Signature of Project Administrator Name of Project Financial Officer Signature of Project Financial Officer STATE OF FLORIDA '.."61101.... INDIAN RIVER COUNTY *•; • L/i THIS IS TO CERTIFY 7 AT d {� • ��� A TRUE AND CORRE C P m THE ORIGINAL Oo' OFFICE. F R MIT tZ• DATE DEP Agreement No. 14182, Amendment No, 1, Attachment E-1, Page 4 of 4 Date Date