HomeMy WebLinkAbout2022-264AMENDMENT NO.3
TO AGREEMENT NO.17IR2
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
INDIAN RIVER COUNTY
This Amendment to Agreement No. 17IR2, as previously amended, (Agreement) is made by and between the
Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801
27th Street, Building A, Vero Beach, FL 32960 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for the Wabasso (Indian River Sector
3) Beach Restoration effective February 26, 2018;
WHEREAS, the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1) The Agreement is extended for a 12 -month period to begin January 1, 2023, and remain in effect until December 31,
2023. The Department and the Grantee shall continue to perform their respective duties during this extension period
pursuant to the same terms and conditions provided in the Agreement.
2) Attachments -B, Second Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-
C, T*d Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 3-B, Second Revised Grant Work Plan, shall hereinafter refer to
Attachment 3-C, Third Revised Grant Work Plan.
3) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
Indian River County
L0
Date:
Florida Department of
Protection
Secretary or Designee
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type
Attachment
Agreement No.: 17IR2
Rev. 3/1/2022
Letter/Number Description
3-C Third Revised Grant Work Plan (3 pages)
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
i
j Deputy Clerk
Amendment No.: 3
of I APPROVED AS `:'tea FD wNi
,rINOZ-U'AA 1J �11 E . o I
g
WILLIAM K. DED AA.L
DEPUTY COUNTY ATTORNEY
ATTACHMENT 3-C
THIRD REVISED GRANT WORK PLAN
PROJECT TITLE: Wabasso (Indian River Sector 3) Beach Restoration
PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP)
reference monuments R20 and R51.3 along the Atlantic Ocean in Indian River County.
PROJECT BACKGROUND: The Wabasso (Indian River Sector 3) Beach Restoration project consists of
restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 and R51.3 in Indian
River County. Phase I of the construction was completed in 2010 and Phase II was completed in 2012. Due
to damages sustained during Hurricane Sandy minor emergency repairs were constructed in 2012 and a full
storm repair project was constructed in the winter of 2014/2015. Sector 3 was impacted from Hurricanes
Matthew (2016) and Irma (2017) necessitating additional design and permitting for the repair of the entire
project area. The local sponsor is working with FEMA and DEM to prepare the reimbursement request.
PROJECT DESCRIPTION: The project consists of permit required monitoring and design.
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the
sum of $446,551.30 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the
specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an
estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 62B-36, F.A.C.
The Grantee will be responsible for auditing all travel reimbursement expenses based on the travel limits
established in Section 112.061, Florida Statutes (F.S.).
Pursuant to Sections 161.091 - 161.161, F.S, the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program; and
Pursuant to 62B -36.005(1)(d), Florida Administrative Code (F.A.C.), the Grantee has resolved to support
and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to
perform the tasks associated with the beach erosion control project as described herein.
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 standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved Scope of
Work for an eligible Project item. The monitoring standards may be found at:
htty://www.4g. state.fl.us/beaches/publications/ndflPhysicalMonitoringStandards.pdf.
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 17IR2, Amendment 3, Attachment 3-C, Page 1 of 3
Acronyms:
DEP or FDEP — Florida Department of Environmental Protection
F.A.C. — Florida Administrative Code
F.S. — Florida Statutes
FWC — Florida Fish and Wildlife Conservation Commission
TASKS and DELIVERABLES:
For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a letter requesting
advance payment, which shall include a narrative description of work to be completed, a corresponding
cost estimate and a proposed schedule of completion for the proposed work and associated deliverables.
Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work
plan for reimbursement.
Task 1: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan, consistent with section. 287.057(17)(a)(1), F.S., including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction
environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit -required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task, unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment
request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed
monitoring data, surveys and final reports for permit -required work under this task description.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
DEP Agreement No. 17IR2, Amendment 3, Attachment 3-C, Page 2 of 3
Task 2: Design
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project -related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
,So
Task Title
State
Budget
Amount
Task Start
Date
Task #
Eligible Project Tasks
Cost
DEP
Local Total
01/01/2018
06/30/2023
Share
Design
Contractual Services
$326,089.40
01/01/2018
06/30/2023
Total:
$446,551.30
1
Monitoring
50.00%
$120,461.901
$120,461.901 $240,923.80
2
Design
50.00%
$326,089.401
$326,089.401 $652,178.80
COSTS
$446,551.301
$446,551.301 $893,102.60
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
,So
Task Title
Budget Category
Budget
Amount
Task Start
Date
Deliverable
Due Date
1
Monitoring
Contractual Services
$120,461.90
01/01/2018
06/30/2023
2
Design
Contractual Services
$326,089.40
01/01/2018
06/30/2023
Total:
$446,551.30
DEP Agreement No. 17IR2, Amendment 3, Attachment 3-C, Page 3 of 3