Agenda 12/01/2009 Item #16D 5
Agenda Item No. 16D5
December 1, 2009
Page 1 of 13
".,
EXECUTIVE SUMMARY
Recommendation to approve amendment No.4 to the FDEP Cost Share Contract
05C01 for the construction and monitoring of the City of Naples/Collier County
Beach Renourishment Project providing additional state funding in the amount of
$85,231; and authorize the Chairman to execute the amendment.
OBJECTIVE: Obtain approval of Amendment NO.4 to the FDEP Cost Share contract
that sets out state and local funding limits for the City of Naples/Collier County Beach
Renourishment Project.
CONSIDERATIONS: The FDEP Cost Share Contract sets out state and local funding
limits for the 2005 Beach Renourishment contract along with all required yearly
monitoring.
Approval of this amendment will provide total state funding of approximately $5,896,164
for construction & monitoring in FY 2008 and 2009 of which $85,231 is associated with
Amendment No.4.
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FISCAL IMPACT: Approval of Amendment No.4 will provide an additional $85,231 of
state funding to perform required beach and biological monitoring which is budgeted in
Beach RenourishmenVPass Maintenance Fund (195).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office. This item is legally sufficient for Board action. - CMG
RECOMMENDATION: Approve amendment No.4 to the FDEP Cost Share Contract
05C01 for the construction and monitoring of the City of Naples/Collier County Beach
Renourishment Project providing additional state funding in the amount of $85,231; and
authorize the Chairman to execute the amendment.
PREPARED BY: Gail Hambright, Coastal Zone Management
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Agenda Item No, 16D5
December 1, 2009
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D5
Recommendation to approve amendment No.4 to the FDEP Cost Share Contract 05C01 for
the construction and monitoring of the City of Naples/Collier County Beach Renourishment
Project providing additional state funding in the amount of $85,231; and authorize the
Chairman to execute the amendment.
Meeting Date:
12/1/20099:00:00 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 11/9/200910:14 AM
Approved By
Colleen Greene Assistant County Attorney Date
County Attorney County Attorney 11/12/20094:59 PM
Approved By
Marla Ramsey Administrator~ Public Services Date
Public Services Division Public Services Division 11/13/200912:00 PM
.~-, Approved By
Gary McAlpin Director. Coastal Management Programs Date
Public Services Division Coastal Zone Management 11/16/200912:12 PM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11/17/20098:54 AM
Approved By
Jeff Klatzkow County Attorney Date
11/19/20099:34 AM
Approved By
Mark Isackson ManagementfBudget Analyst, Senior Date
Office of Management & Office of Management & Budget
Budget 11/19/200910:23 AM
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Agenda Item No. 16D5
December 1, 2009
Page 3 of 13
AMENDMENT No: 4
DEP AGREEMENT No: 05COl
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
COLLIER COUNTY BEACH NOURISHMENT
TIllS AGREEMENT entered into on the 29th day of November, 2005, amended on the 12th day of May,
2006, amended on the 27th day of August, 2007, and amended on the 24th day of December, 2008, between the
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the
"DEPARTMENT") and COLLIER COUNlY (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 December 31, 20 II. Pursuant to
Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its
subcontractor beginning on or after November 29, 2005, may be eligible for cost sharing by the
DEPARTMENT. Ifwork 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COI, Amendment No.4, Page I of5
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Agenda Item No. 16D5
December 1 , 2009
Page 4 of 13
· Paragraph 8 Table I is hereby revised as follows and the following language is hereby added to
the Agreement:
TABLE 1
Task # Eli ible PROJECT Items Estimated Project Costs
Federal DEP Local Totar
2.0 Deshm
2.1 Artificial Reef Desi $0 $8,486 $17,835 $26,321
2.2 Offshore Sand Seareh $0 $39,534 $83,090 $122.624
Desi n Subtotal $0 $48,020 $100,925 $148,945
3.0 Construction
3.1 2006 Nourishment $0 $4,570,802 $8,635.791 $13,206,593
3.2 Construction Mana erncnt $0 $46,749 $88,325 $135,074
3.3 Miti ation $0 $194,151 $655,849 $850,000
3.4 Additional Turtle Trawls $0 $47,243 $89,257 $136,500
Construction Subtotal $0 $4 858,945 $9,469,222 $14,328,167
4.0 Monitorin
Physical & Nearshore Biological
4.1 Monitarin $0 $305,198 $641,445 $946,643
4.2 Shorebird $0 $11,219 $23,579 $34,798
4.3 TiIlin $0 $11,784 $24.766 $36,550
4.4 Post Construction Physical Monitorin $0 $28,992 $60.934 $89,926
One Yr. (2007) Post Const. Physical
4.5 Monitorin $0 $47,462 $99.753 $147,215
One Yr. (2007) Post Const. Biological
4.6 Monitorin $0 $112,788 $237,051 $349,839
Yr. 2 & 3 Post~Construction Phys. & Bio.
4.7 Monitorin (2008 and 2009) $0 $471,756 $991,507 $1,463,263
Monitorin Subtotal $0 $989,199 $2,079,035 $3,068,234
TOTAL PROJECT COSTS $0 $5,896,164 $11,649,182 $17,545,346
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 9 is hereby revised to change the amount of funding under this Agreement from
$5,810,933 to $5,896,164.
. Paragraph 15 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
G-3) 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.
DEP Agreement No. 05COI, Amendment No.4, Page 2 of 5
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Agenda Item No. 16D5
December 1 , 2009
Page 5 of 13
· Paragraph 23 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
Gary McAlpin
Collier County
3301 East Tamiani Trail
W. Harmon Turner Bldg., Suite 103
Naples, Florida 34112
(239) 252-5342
Dona VanLandingham, Grants Program Administrator
Department of Environmental Protection
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd., MS 300
Tallahassee, Florida 32399-3000
(850) 922-7711
Dena. vanlandingham@dep.state.f1.us
Aoy changes to the contact information shown above must be reduced to writing in the form of a
Change Order to this Agreement.
· Paragraph 26 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, Attacbment I, attached hereto and made a part hereof, within
four (4) months following the end of the Grantee's fiscal year. Attachment I 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 36 is hereby deleted in its entirety and replaced with the following:
When applicable, the LOCAL SPONSOR shall also notiry 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.
. Paragraph 39 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 ContractIProject Manager, modification of deliverable due dates when such
change does not involve a contract extension, and modirying the scope of services when such
modification would not involve a decrease/increase in price or an extension of the contract performance
period.
DEP Agreement No. 05C01, Amendment No. 4, Page 3 of5
Agenda Item No. 16D5
December 1, 2009
Page 6 of 13
.
All reference to Attachment A-3 is hereby deleted and replaced with reference to Attachment
A-4.
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. Attachment A-3 is hereby deleted in its entirety.
· Attachment A-4 as attached hereto is hereby added to the Agreement.
. In accordance with Paragraph No. 26, a revised copy of Exhibit I to Attachment H-3 is herein
provided to identify the additional funds under this Agreement.
· Exhibit I to Attachment H-3 is hereby deleted in its entirety and replaced with Exhibit lA,
attached hereto and made a part hereof.
· Attachment I 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. OSCOI, Amendment No.4, Page 4 of5
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Agenda Item No. 16D5
December 1, 2009
Page 7 of 13
IN WITNESS WHEREOF, the parties have caused these presents to he duly executed, the day and year
last written below.
COLLIER COUNTY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Title: "Chainnan
By:
Secr tary or des
I'-
Date:
Date:
Iv/24!t)'j
FEID No.59-6000558
ATTEST:
DWIGHT E. BROCK, Cieri,
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Department of Environmental Pr ction
Grant Program Administrator
By:
APPROVED as to form and legality:
Grantee's Attorney
Department of Enviro ental Protection
Attorney
"If someone other than the Chainnan 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 AttachmentslExhibits included as part of this Agreement:
SpecifY
Type
Letter/
Number
Description (include number of pages)
Attachment
Attachment
Attachment
A-4
H-3
I
Project Work Plan (4 pages)
Exhibit IA (page 5 of 5)
Certification of Applicability to Single Audit Act Reporting (I Page)
DEP Agreement No. 05COI, Amendment No.4, Page 5 of 5
Agenda Item No. 16D5
December 1, 2009
Page 8 of 13
ATTACHMENT A-4
PROJECT WORK PLAN
COLLIER COUNTY BEACH NOURISHMENT
The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in
Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference
monuments R22-R37; Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference
monuments R58-R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the
Department and therefore is not eligible for state funding. 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
!illp:llwww.dep.state.fl.uslbeachesl. 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
Such activities include work performed and costs incurred in advance of and in preparation for construction
activities. Eligible costs may include expenses for governmental and administrative permits, construction
design, and other tasks as encountered and approved.
2.1 Artificial Reef Design
This subtask is made up of funds from an outstanding balance of previous contract 0 I CO I.
2.2 Offshore Sand Search
This is a Collier County offshore sand search conducted by Coastal Planning and Engineering (CPE) on
behalf of Collier County to support small scale emergency projects. Focus is on bathymetric highs defined in
previous investigations, from a bathymetry grid developed from NOAA GEODAS data, and summarized in
the Emergency Sand Source Evaluation Report (May 2007). The areas of potential sand deposits identified as
suitable for use in the Collier County beach Nourishment Project will be part of the next pbase of the
investigation. This subtask reflects a scope of work (SOW) approved in the fall of 2007.
3.0 Construction
Work performed and costs incurred associated with the placement of fill material and/or the construction of
erosion control structures within the project area. Eligihle 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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DEP Agreement No. 05CO I, Amendment No.4, Attachment A-4, Page 1 of 4
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Agenda Item No. 16 D5
December 1, 2009
Page 9 of 13
3.1 2006 Nourishment
This project includes three segments (Vanderbilt, Park Shore, and Naples) in Collier County. DEP contract
o I CO I provided state funding for the original restoration, which included only critically eroded areas of
shoreline. Collier County chose to expand the project and obtained a new permit to include all three
segments. A new cost share was developed for each new expanded segment.
Segment
Vanderbilt
Park Shore
Naples
% Eligible
48.46%
33.16%
95.02%
State Share
24.23%
16.58%
47.51%
Initial cost estimates were above the County's budget, so the 2005 nourishment was reduced to meet the
budget; however the County plans to maintain the permitted template in the future. Cost sharing for the total
permitted project will be used for this nourishment event. One SOW approved August 2, 2005 for
construction was submitted by Great Lakes Dredge and Dock.
The project consists of three segments (Vanderbilt, Park Shore, and Naples). However, sand placement was
bid on multiple sections. The sections do not correspond directly with critical and non-critical areas of
shoreline, but cost share could be determined for each segment by combining sections. This was necessary
because each section resulted in a different cost per cubic yard of material. Additionally, the volume of sand
that qualified for state reimbursement had to be reduced by the portion paid for by the FEMA.
Beach fill costs by segment (non-FEMA)
Vanderbilt R22.4 to R37 $2,444,238.41
Park Shore R43,7 to R54.4 $2,598,833.52
Naples R57.3 to R79 $5,597,036.50
Cost share eligibility bv segment (non-FEMA)
Vanderbilt $2,444,238.41 X .2423 = $592,238.96
Park Shore $2,598,833.52 X .1658 = $430,886.60
Naples $5,597,036.50 X .4751 = $2,659,152.04
Construction costs that can not be attributed to a specific segment (mobilization, performance bond,
environmental monitoring, construction management, additional sea turtle trawling, and sea turtle monitoring)
will be cost shared based upon the ratio of the combined state funding share and total construction costs for
beach fill. This was determined as follows:
Sum of cost share eligibility/total beach fill costs =
3,682,277.60/10,640,108.43 = 0.3461 (34.61%)
3.2 Construction Management
A subtask SOW submitted by CPE was approved November 30, 2005.
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DEP Agreement No. 05COI, Amendment No. 4, Attachment A-4, Page 2 of4
Agenda Item No, 16D5
December 1, 2009
Page 10 of 13
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3.3
Mitigation Construction
Additional reimbursement costs are associated with the mitigation reef construction. The following
calculations are based on the DEP Biological Monitoring Plan approved April 20, 2005. Specifically
addressed is the coverage of 1.09 acres of hardbottom and the required mitigation. A project bid for the
mitigation work was presented by Center Contracting Corporation (approved April 9, 2007), for a total cost of
$850,000. All three segments; Vanderbilt, Park Shore and Naples; were used to determine cost share
eligibility for reimbursement of required mitigation.
Segment % oftotal mitigation acreage
Vanderbilt 21.24%
Park Shore 63.77%
Naples 14.99%
State Share
Vanderbilt
Park Shore
Naples
24.23%
16.58%
47.51%
Cost share eligibility by segment
Vanderbilt $850,000 X .2124 X .2423 = $43,745
Park Shore $850,000 X .6377 X .1658 = $89,871
Naples $850,000 X .1499 X .4751 = $60,535
Other mitigation construction costs, if any, will be cost shared based upon the ratio of the combined state
reimbursement costs and total mitigation reef construction costs. This was determined as follows:
Sum of cost share eligibility/total mitigation costs ~ 194,151/850,000 = 0.2284 (22,84%)
3.4 Additional Turtle Trawls
~'--
A subtask SOW submitted by Great Lakes Dredge and Dock was approved March 21,2006.
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 which 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 Physical & Nearshore Biological Monitoring
Physical and nearshore biological surveys are undertaken to assess fill template impacts.
4.2 Shorebird
Permit required shorebird monitoring is fulfilled in required years from February to September, when nesting
and fledging occur.
4.3 Tilling
-
Permit required tilling is conducted in required years prior to the beginning of annual turtle season, when
nesting and hatching occur.
DEP Agreement No. 05COl, Amendment No.4, Attachment A-4, Page 3 of 4
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Agenda Item No. 16D5
December 1, 2009
Page 11 of 13
4.4 Post Construction Pbysical Monitoring
Post construction monitoring is a permit and regulatory requirement to be done within 90 to 150 days after
project construction has been completed.
4.5 One Yr. (2007) Post Construction Pbysical Monitoring
First year annual post construction physical monitoring is permit required.
4.6 One Yr. (2007) Post Construction Biological Monitoring
First year annual post construction biological monitoring is permit required.
4.7 Yr. 2 & 3 Post-Construction Pbys. & Bio. Monitoring (2008 and 2009)
Funds will be used for required physical and biological monitoring activities for the 2" (2008) and 3" (2009)
Post-construction years of the project. For 2008 the required biological and physical monitoring, as well as
mitigation reef monitoring scopes of work (SOWs) were submitted by CPE for review and approval.
Biological monitoring was approved on July 31, 2008. Mitigation reef monitoring also was approved on July
31, 2008. An initial SOW for physical monitoring and side scan survey services was reduced in price after
reductions for ineligible lengths of shoreline. It was approved on August 8, 2008. A SOW for the 2009
Annual Physical Monitoring was received in the latter half of August 2009.
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DEP Agreement No. 05COI, Amendment No.4, Attachment A-4, Page 4 of 4
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December 1, 2009
Page 12 of 13
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Agenda Item No. 16D5
December 1, 2009
Page 13 of 13
ATTACHMENT I
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#
DEPGRANTAGREEMENTNUMBER
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct:
Name
Date
Title
-r/fP oved as to form & legal sufficiency
ATTEST: ~
DWIGHT E. BROCK~r~greement No. 05COl, Amendment No.4, Attach t I, Page ~n Greene,
Assistant County Attorney
By: