HomeMy WebLinkAbout2009-292 AMENDMENT No : 2
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`h day of January, 2008 , amended on the 9`h
day of
September, 2008 , and amended with change order on the 2nd day of December, 2008 , between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ( hereinafter referred to as the " DEPARTMENT ' )
and INDIAN RIVER COUNTY ( hereinafter referred to as the " LOCAL SPONSOR" ) is hereby amended as
follows :
WHEREAS , the LOCAL, SPONSOR has requested and the DEPARTMENT has agreed to add funds to
this Agreement ; and ,
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 30 , 2012 . Pursuant to Section
161 . 101 ( 18 ), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its
subcontractor beginning on or after June 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 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
Pre- construction Biological
2 . 1 Monitoring $0 $411825 $47 , 832 $ 891657
Subtotal Design and Permitting $0 $419825 $479832 $899657
4 . 0 Monitoring
4 . 1 Environmental Monitoring $ 0 $ 325520 $379190 $ 695710
4 . 2 Physical Monitoring $ 0 $201080 $229964 $43 , 044
2008/2010 Post-Construction
4 . 3 Monitoring $ 0 $670,292 $ 766 , 562 $ 114361854
Subtotal Monitoring $ 0 $7229892 $8269716 $ 195499608
TOTAL PROJECT COSTS $ 0 $7649717 $8749548 $ 196399265
DEP Agreement No . 07183 , Amendment No . 2 , Page 1 of 4
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 revised to change the amount of funding under this Agreement from
$ 521 , 539 to $ 764 , 717 .
• 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
E) 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 .
• Paragraph 19 is hereby revised to change the DEPARTMENT ' s Project Manager to Guy
Weeks , Phone : 850/922 - 7714 .
• Paragraph 22 the following language is hereby added to the Agreement :
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 G , attached hereto and made a part hereof, within
four (4) months following the end of the Grantee ' s fiscal year. Attachment G 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 :
When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT ' s Project Manager of
the selection of an intended subcontractor for the construction task and provide a tabulation list from
which the intended subcontractor was selected . 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 .
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No . 071R3 , Amendment No . 2 , Page 2 of 4
• 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- land D- I , respectively, are hereby deleted and replaced with
references to Attachment( s) A-2 and 13-2 .
• Attachment(s) A- land D- 1 are hereby deleted in their entirety .
• Attachment( s) A-2 and D-2 as attached hereto are hereby added to the Agreement .
• In accordance with Paragraph No . 25 , a revised copy of Exhibit 1 A to Attachment F is herein
provided to identify the additional funds under this Agreement .
• Exhibit IA to Attachment F is hereby deleted in its entirety and replaced with Exhibit
113 ,
attached hereto and made a part hereof.
• Attachment G 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 .
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No . 071R3 , Amendment No . 2 , Page 3 of 4
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 : C�� By :
Wei S r ..pay ] " airman Aecretary ordesignee
Date : November 10. , 2009 Date : / O / Z, 3 / 0, 9
FEID No . 59 -6000674
Department of Environmental Pro ction
Grant Program Administrator
APPROVED as to form and legality :
Grantee ' s Attorney Department of dit tronmental 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 Project Work Plan (2 pages)
Attachment D-2 Request For Payment, Parts I - III (3 pages)
Attachment F Exhibit I B ( page 5 of 5 )
Attachment G Certification of Applicability to Single Audit Act Reporting ( I Page)
DEP Agreement No . 07IR3 , Amendment No . 2 , Page 4 of 4
ATTACHMENT A-2
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 [tem :
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 .
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 .
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No . 07IR3 , Amendment No . 2 , Attachment A-2 , Page I 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 .
4.3 2008/2010 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 .
REMAINDER OF PAGE INTETNIONALLY LEFT BLANK
DEP Agreement No . 07IR3 , Amendment No . 2 , Attachment A-2 , Page 2 of 2
Lv C_- -
ATTACHMENT D,31a
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 DEP Contract Number : 07IR3
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 . 071R3 , Amendment No . 2 , Attachment D -2 , Page I 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 BBCS Changes per BBCS Approved
Project sowisio u (3) Vendor Name Check or Debit# Eligible for State
Item # INVOICE Invoice # Vendor ( 1 ) project Manager (5,6) Accountant (5,6) Eligible
Cost (5)
Item (2) Share (4)
1
2
3
r74
5
6
8
9
10
Totals for all items on e :
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 . 07IR3 , Amendment No . 2 , Attachment D-2 , 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 : AMBERSAND BEACH NOURISHMENT
Grantee : INDIAN RIVER COUNTY DEP Contract Number : 07IR3
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 PRE-CONSTRUCTION BIOLOGICAL MONITORING
4 . 0 MONITORING
4 . 1 ENVIROMENTAL MONITORING
4 . 2 PHYSICAL MONITORING
4 . 3 2008/2010 POST-CONSTRUCTION MONITORING
DEP Agreement No . 07IR3 , Amendment No . 2 , Attachment 13-2 , Page 3 of 3
EXHIBIT — 1B
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING :
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following :
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal
Pro rams :
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.
97, F. S. :
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original General Revenue, 2006-2007 37 . 003 Beach Management Funding $ 129 ,447 140126
Agreement GAA Line Item # 1796 Assistance Program
Amendment Ecosystem Management 2007 -2008 37 . 003 Beach Management Funding $655542 140126
1 Trust Fund, Assistance Program
GAA Line Item # 1834
Amendment Ecosystem Management 2008 -2009 37 . 003 Beach Management Funding $326,550 140126
1 Trust Fund, Assistance Program
GAA Line Item # 1748
Amendment Ecosystem Management 2009-2010 37 . 003 Beach Management Funding $243 , 178 140126
2 Trust Fund, Assistance Program
GAA Line Item # 1695
Total Award $ 7645717
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance
(CFDA) [http :// 12.46 .245 . 173/cfda/efda. html]
and/or the Florida Catalog of State Financial Assistance (CSFA) [https ://apps . fldfs . com/fsaa/searchCatalog. aspx] . The services/purposes
for which the funds are to be used are included in the Contract
scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No . 07IR3 , Amendment No . 2 , Attachment F , Page 5 of 5
ATTACHMENT G
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee ' s Name : Indian River County
Grantee ' s Fiscal Year Period : FROM : 10/01 /2007 TO : 09/30/2008
Total State Financial Assistance Expended during Grantee ' s most recently completed Fiscal
Year : $ 16 678 982
Total Federal Financial Assistance Expended during Grantee ' s most recently completed Fiscal
Year : $ 21 509 544
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
37 . 065 071RI
3 7 . 003 071 R2
379003 071 R3
374017 07064
66 . 460 G0182
CERTIFICATION STATEMENT :
I hereby certify that the above information is correct :
r) A, 1
11 /09/09
Name Date
Budget Dir cto
I itle
DEP Agreement No . 071R3 , Amendment No . 2 , Attachment G , Page 1 of 1