HomeMy WebLinkAbout2008-274LA
AMENDMENT No: 1
DEP AGREEMENT No: 07IR3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
AMBERSAND BEACH NOURISHMENT
THIS AGREEMENT as entered into on the 8`' day of January, 2008, 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, 7, 8, 13, 14, 15, 19, and 22 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 AMBERSAND BEACH NOURISHMENT, (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.
7. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table 1 below:
TARTS 1
Task #
Eligible Project Tasks
Estimated Project Costs
Federal
DEP
Local
Total
2.0
Design and Permitting
Pre -construction Biological
2.1
Monitoring
$0
$935979
$107,477
$2015456
4.0
Monitoring
4.1
Environmental Monitoring
$0
$155388
$179598
$32,986
4.2
Physical Monitoring
$0
$20,080
$225964
$43,044
2008/2009 Post -Construction
4.3
Monitoring
$0
$3923092 1
$448,405
$840,497
TOTAL PROJECT COSTS
$0
$521,539 1
$596,444
Lsl,117,983
8. The DEPARTMENT has determined that 93.30 percent of the PROJECT cost is eligible for state cost
sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $521,539 for
this PROJECT or up to 46.65 percent of the non-federal project cost, 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.
DEP Agreement No. 07IR3, Amendment No, 1, Page 1 of 4
13. In consideration for the satisfactory completion of the eligible work, identified in Attachment A-1 and
approved by the DEPARTMENT, performed by the LU('AI. SPONSOR under the terms of this
Agreement, the DEPARTMENT agrees to compensate the I AWAI. SPONSOR on a cost reimbursement
basis for services rendered. All requests for reimbursement shall be made in accordance with
Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State
guidelines for allowable costs found in the Department of I financial Services' Reference Guide for State
Expenditures at h!Ltp://www.fldfs.com/aadir/reference%SFg, idc. The 'Al, SPONSOR shall submit
a request for reimbursement of funds on the forms provided as Attachment D -I (Request For Payment,
PARTS I — III), attached hereto and made a part hereof 'These forms may be submitted on a quarterly
basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30,
and December 31; the request shall be submitted no later than thirty (30) days following the completion
date of the quarterly reporting period of each year in which the project is underway. "These forms shall
be certified as accurate by the LOCAL SPONSOR'S Project Manager and the I,OCAI, SPONSOR's
Project Financial Officer and submitted to the DEPARTMIXI' as a payment request. All requests for
the reimbursement of travel expenses shall be based on the travel limits established in Section 112.0611
Florida Statutes. A final invoice shall be due no later than thirty (30) days Iollowing the completion date
of this Agreement. The DEPARTMENT will not release funds for construction activities until such time
as all requisite authorizations, environmental permits, and variances, including those required pursuant
to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no
reimbursement is sought for a given quarter, all applicable portions of fart III of Attachment D-1,
Project Progress Report must be completed and submitted.
14. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt
of each billing to determine that the work has been accomplished in accordance with the terms and
conditions of this Agreement prior to approving the billing for payment. It is understood and agreed
that any request for reimbursement that requires the DEPARTMENT to request additional information
of the LOCAL SPONSOR shall stop time for the DEPARTMI,NI"s review period and the clock will
not resume until such information is received as requested by the I)EPAR'I'M1;N"I1. Upon approval of
the payment request, the DEPARTMENT shall disburse the funds due to the I,OCAI, SPONSOR less
ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible
scope of work shall be disbursed to the LOCAL SPONSOR alter the DI;I'ARTMEIN"I has certified that
the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable
DEP permits and the applicable scope of work for said item. The DEPARTMI,NT will periodically
request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to
this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. When requested, the LOCAL SPONSOR must provide the information described in this
paragraph within thirty (30) days of such request. If applicable, the I,OCAI, SPONSOR may also be
required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof.
15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the I)EPARTMENT's
Project Manager on a quarterly basis, Attachment D-1, Part I 11, Projcct Progress Report, as updates to a
project schedule, no later than thirty (30) days following the completion date of the quarterly reporting
period identified in paragraph thirteen (13). Schedules may be required to be submitted electronically in
an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall
represent the most accurate forecast of future events. Specific inlormation to be included in the
quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish
dates with actual task duration.
REMAINDER OF PAGE INTENTIONAL I , Y 1.I"I'I' 131.A N K
DEP Agreement No. 07IR3, Amendment No. 1, Page 2 of 4
.,.„ai, .iatFai.•�,i', s�, .a du d :i�4s
19. The LOCAL SPONSOR's Project Manager for all matters is .lowithan Gorham, Phone: 772/567-8000.
The DEPARTMENT's Project Manager for all technical matters I's Wagncr Yajure, Phone: 850/921-7837
and the DEPARTMENT'S Grant Program Administrator IOr all adnninistrative inatters is Dena
VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall he directed to the
appropriate persons for action or disposition.
22. Any and all notices shall be delivered to the parties at the following addresses:
LOCAL SPONSOR
Jonathan Gorham
Indian River County
4375 43`d Avenue, Unit 102,
Vero Beach, Florida 32967
(772)567-8000
Gorham@ircgov.com
I)FIT R 1 MEN I�
Dena Vanl.andimhani, Grants Program Administrator
DepartUncnt of Fnvironincntal Protection
13111-cau of, Beaches and Coastal Systems
3 )00 Conunolmealth Blvd., MS 300
Fallaha.ssce, I'lorida 32399-3000
(850)922-7711
)ena. van land inghanrru1dcp.state. flus
• All references to Attachment(s) A and D, respectively, are hcrchy deleted and replaced with references
to Attachment(s) A-1 and D-1.
• Attachment(s) A and D are hereby deleted in their entirety.
• Attachment(s) A-1 and D-1 as attached hereto are hereby added to the Agreement.
• Exhibit 1 to Attachment F is hereby deleted in its entirety and replaced with I,ahihit I A, attached hereto
and made a part hereof
DEP Agreement No. 07183, Amendment No. 1, 1'age 3 0 I
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
INDIAN RIVER COUNTY
' e•
V't
p
By: r
Title: * o ` mission Chair
Sa�a L, men`
%6 0 or� c
Date: S6ptd*r 9, 20080 +~
1
FEID No. 59w6000674
Attest:Barton, Cl k
`zyT%��4��
Deputy Clerk \
ty Adm
V APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
GranteitA49P(W
(if necessary) GEORGEA.GLENN
ASSISTANT COUNTY ATTORNEY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: /
4--,=
Secretary or designee 4
Date: 9Z40A ? 3
Department of Environmental
Grant Program Administrator
APPROVED as to form and legality:
Y y1
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 Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A-1 Project Work Plan (2 pages)
Attachment D-1 Request For Payment, Parts I - III (3 pages)
Attachment F Exhibit IA (page 5 of 5)
DEP Agreement No. 07I113, Amendment No. 1, Page 4 of 4
ATTACHMENT A-1
PROJECT WORK PLAN
AMBERSAND BEACH NOURISHMENT
The PROJECT consists of restoration and maintenance of Atlantic shoreline between DEP Monuments R4 -R17. A large
portion of the north segment is located within the Sebastian Inlet State Recreation Area (SRA). Construction costs within
the SRA will be shared with the Sebastian Inlet Tax District to assist in meeting inlet bypassing requirements. The
PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable
Department of Environmental Protection 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 (herein after referred to as SOW) 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 Pre -Construction Biological Monitoring
Continental Shelf Associates, Inc. (CSA), Coastal Eco -Group (CEG) and Applied Technology and
Management (ATM) have been retained by Indian River County to conduct pre -construction biological
monitoring. Activities included as part of this task involve: surveying transects R-5, R-8 and R-22, collecting
quadrant and sediment thickness data along the eight project transects, and surveying the nearshore edge of
hardbottom between R-4 and R-12. Total cost for the described services is $201,456.00.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and all permits issued
by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved
in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a
manner that will coordinate the monitoring activities associated with current shoreline stabilization projects
located within or adjacent to the project area and with the Department's Regional Coastal Monitoring
Program.
4.1 Environmental Monitoring
CSA and ATM have been retained by Indian River County to conduct year 2 mitigation reef monitoring
services associated with the Ambersand Beach Nourishment Project. Activities included as part of this task
involve: Benthic and fish habitat assessments, mitigation reef extent, data analysis and report preparation and
regulatory agency coordination/consultation, Total cost for the described services is $32,986.00.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07IR3, Amendment No. 1, Attachment A-1, Page 1 of 2
4.2 Physical Monitoring
ATM has been retained by Indian River County to conduct physical monitoring services associated with the
Ambersand Beach Nourishment Project. Activities included as part of this task involve: sediment sampling
and reporting and preparation of a post -construction physical monitoring report. Total cost for the described
services is $43,044.00.
4.3 2008/2009 Post -Construction Monitoring
ATM has been retained by Indian River County to conduct post -construction monitoring services associated
with the Ambersand Beach Nourishment Project. Activities included as part of this task involve: Biological
monitoring and reporting, Sea turtle monitoring, Aerial photography, Borrow area hydrographic survey,
Beach profile survey and preparation of corresponding reports. Total cost for the described services is
$8409497.00.
DEP Agreement No. 07IR3, Amendment No. 1, Attachment A-1, Page 2 of 2
ATTACHMENT D -I
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: AMBERSAND BEACH NOURISHMENT
Grantee: INDIAN RIVER COUNTY
Billing Number:
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
DEP Contract Number: 07IR3
Billing Period:
Billing Type: ❑ Interim Billing ❑ Final Billing
Local Share
P
Total
U
Local Funds Obligated $
Less Advance Pay
Less Previous Credits $
Less This Credit $
Local 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
Name of Project Financial Officer Signature of Project Financial Officer
Date
Date
DEP Agreement No. 07IR3, Amendment No. 1, Attachment D-1, Page 1 of 3
O�W
azo
wza
Owl"
FFO
az�a'
A�
dx
a
oW
a
A
e
8
CL
v
W
o N
>O
^
aU
0
�
3
O O
Q
a
w
m
y -,
a 'a
c
U m
2
a
0 C
m
o
E
e
a0
�
R
c
O c
a0
e
v i
= V
w
��
Ua
O
w
to
E
C
U a
0
N
MCO
3 0
a1
p
d
Q
CL
a
0C
�
u
r
c
a
ai
CL
L
4
0.
N
M
a
�
y
C
c
L
W
ph V
a!
)
o
c«0
Y
3
N
c
0 N
L
z
pN
p
b
°
0
y
►-
_
W
S
=
c
U
E
c
a
o
c
Je
O 7
Z
a
@v
m
c
LU
>.
�E
m
c
V
x
•
�>
C:
3:
C
O
C
O
W
N
.'C0.
O A
L
O
O
q
q
m
E
0
0v
�
E
E
v
5 a
c
o
A•
�
�w
z
V
w
d
L
r
0
IL
>
C
'°
C
L
O
`c
to
ai
3
C
c
v
0
c
m 0
M
N
C
cc
N
E
E
�
Oo
O
W
U
y
z
0
ma1
M
O o
y
M
w
Com•
C
0o
OC
L 'C
Nl
w
N
0
4k
x24
an
a
°
N
1
a>
.�
$
a
c
m
0 o
o>
d
d
W
m
O
A
E
L
L
r
w
J)
o�ow=
0
0
0
0
a)
7
o
N
0
0N
d'o E
E
0
0c
0
wa0
0
oa
m
(D
(D
3
=
W
a
of
o
❑
E
O
y
a
o°IL
3
m
my
a�im��
O
m
9
c
y
m
o
c
E
° e
w
?
W
°
M
o
8
D
o
y
Q'
A
O
0
C
0
C
y
>
'D
b
d
E
c
p
#
a
C
0>°
"'
ni
.'
N
C
Lldd
C
0#
C
C
7
0
O
0
•
°
o
L
W
CL
°
O1
r
7
y
w
E
C
a7
.+
O
0
Qi
C
C
BO
103
0
•0E
p
.^
p
Co
�..
0
u
oin�
U
T
0
a1
LL LU
O
p
t
°
a
V
U
O
a�
a1
—
0
0
o
0
N
og�00
>
a
M
C
C;
W
W
C
C
O
am
d
a1
a)
a
C
0
u
C
C
c
c
a
tk
4
E
E
N
M
N
t0
n
c0
M
o
E
0
A
0)
()
U'
O
t0
a
+4
U
Z
z
vvRT
u�
C7
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project: AMBERSAND BEACH NOURISHMENT
Grantee: INDIAN RIVER COUNTY
Report Period:
Status of Eligible Project Items:
percent of task completed to date
Task Eligible Project
No: Item:
DEP Contract Number: 07IR3
(Describe progress accomplished during report period, including statement(s) regarding
. Describe any implementation problems encountered, if applicable.)
2.0 DESIGN AND PERMITTING
2.1 PRE -CONSTRUCTION BIOLOGICAL MONITORING
4.0 MONITORING
4.1 ENVIROMENTAL MONITORING
4.2 PHYSICAL MONITORING
4.3 2008/2009 POST -CONSTRUCTION MONITORING
DEP Agreement No. 07IR3, Amendment No. 1, Attachment D-1, Page 3 of 3
Q H
cOi c
� � bio cLd
O a�
U „UC Q
M Q
� w �
o � •o
ou v; ami
O }.
d C4
U E
rA
bQ
�w w
..
4
a
N ,�
Cn y..
..ti
� � y
O
"g U
(U a�
O
3 o
•b
Cl
E U
Cd O
�w
iL y.
O O
N
U G
O
N
Cd w
N � U
3
�kn i
$0 N O Id
�-Rct Jb
N fl' O
cd \ y U
U
w u FA ,•
O
0
0
0
c� a,
� O
"U
�U
yr
d
d
•�
O
O
N_
L
O
Q
�
Ox
a
ps.
+,�
O
C
O
b
�
Q
O
W
w
Cs
U
w
w
-.
C
y
n,
a�
O
�
d
Q
�
0
w
o
U
Ila
a
C
0
FTI
b
a
�
o
H
L
o
d
W
Q
i
�
w
O
w
O
�
A �
o
w o
TWO
N
rA
UPLOz
0
Okn
r.+
a
a
6)
a
•U
U
INA
i
.a
O
d
V
$
b
cd
Q
�
F+
w
N
U
Cd
3
w
L
rA
aA
a
O
6>
O
rA
u
>,
Q
c 6.4
6�
bA
o
d
a�
Cl
�waz
O
Cd
:a
Q H
cOi c
� � bio cLd
O a�
U „UC Q
M Q
� w �
o � •o
ou v; ami
O }.
d C4
U E
rA
bQ
�w w
..
4
a
N ,�
Cn y..
..ti
� � y
O
"g U
(U a�
O
3 o
•b
Cl
E U
Cd O
�w
iL y.
O O
N
U G
O
N
Cd w
N � U
3
�kn i
$0 N O Id
�-Rct Jb
N fl' O
cd \ y U
U
w u FA ,•
Q
0
•� O
0
O
"U
yr
d
•�
O
N_
N_
L
Q
�
Ox
a
ps.
+,�
O
0
O
d
�
tc
W
b
Cs
U
w
w
-.
y
n,
N
i
d
a
0
a
a
FTI
a
�
o
H
o
d
W
Q
�
w
O
w
O
TWO
N
a
0
Okn
a
a
INA
i
.a
.r
V
$
Q
w
U
GOS
L
a
a
6>
u
>,
v
6�
bA
�
d
a�
O
Cd
:a
d
b
a
CC
r
as
O
L
O
W
cd
o 0
to
«
+ewaz
ODa
Q H
cOi c
� � bio cLd
O a�
U „UC Q
M Q
� w �
o � •o
ou v; ami
O }.
d C4
U E
rA
bQ
�w w
..
4
a
N ,�
Cn y..
..ti
� � y
O
"g U
(U a�
O
3 o
•b
Cl
E U
Cd O
�w
iL y.
O O
N
U G
O
N
Cd w
N � U
3
�kn i
$0 N O Id
�-Rct Jb
N fl' O
cd \ y U
U
w u FA ,•
0
N_
•�
O
N_
N_
Q
�
ps.
+,�
O
O
O
u
Cs
U
-.
n,
d
FTI
a-+
O
TWO
N
d
Okn
INA
V
wv'
GOS
v
a�
:a
a
r
O
W
to
ODa
3
U
�
eA
p
ani
ani
ani
48
•vi
•0
Cd
N
y
GQ
d
PU
d
f�
d
a
0
�z
.yi
00
01
0
N
N
N
0
0
0
R
u
.
o
o
O
y
jy
N
N
N
in
a
a>
00
y
a00
0
O
CC
N
N
CCC
N
O
y
'd
E
p
C
p
Q
c
i
r,
Nw�i
N
N
C7C7
WHC7
WHC7
v,
ai
v
O
C
Q
cd
O
a
E
to
az
o'"
E
Q H
cOi c
� � bio cLd
O a�
U „UC Q
M Q
� w �
o � •o
ou v; ami
O }.
d C4
U E
rA
bQ
�w w
..
4
a
N ,�
Cn y..
..ti
� � y
O
"g U
(U a�
O
3 o
•b
Cl
E U
Cd O
�w
iL y.
O O
N
U G
O
N
Cd w
N � U
3
�kn i
$0 N O Id
�-Rct Jb
N fl' O
cd \ y U
U
w u FA ,•