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Agenda 09/13/2011 Item #16D29/13/2011 Item 16.D.2. EXECUTIVE SUMMARY Recommendation to, approve Amendment No. 6 to the FDEP Cost Share Contract No. 05COI yearly monitoring cost reimbursement of the Collier County Beach Renourishment and authorize the Chairman to sign Amendment No. 6. This Contract Amendment will result in a $300,075 reduction in Contract value from State close out of completed contract work. OBJECTIVE: To obtain approval of Amendment No. 6 to the FDEP Cost Share Contract that sets out state and local funding limits for the 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. This Contract is being amended as the 2011 Legislature has reverted funds in Grant Agreement 05COI in the amount of $300,075, and this Amendment reflects removal of these funds. This Amendment changes the amount of funding from the FDEP under this Agreement from $5,776,164 to $5,476,088 as indicated on Exhibit 1B. This is a result of State close out of completed contract work and is not a scope reduction of authorized work. FISCAL IMPACT: Approval of this item will decrease the contract value of FDEP Cost Share Contract by $300,075 to account for State close out of completed contract work. This Agreement will set a new Contract value of $5,476,088. This is not a scope reduction of authorized work and will not require additional funding from Collier County. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMME NDATION: To approve Amendment No. 6 to the FDEP Cost Share Contract No. 05COI yearly monitoring cost reimbursement of Collier County Beach Renourishment and authorize Chairman to sign Amendment No. 6. This Contract Amendment will result in a $300,075 reduction in Contract value resulting from State close out of completed contract work. PREPARED BY: Gary McAlpiu, Coastal Zone Management Director Packet Page -2552- 9/13/2011 item 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. Item Summary: Recommendation to approve Amendment No. 6 to the FDEP Cost Share Contract No. 05C01 yearly, monitoring cost reimbursement of the Collier County Beach Renourishment and authorize the Chairman to sign Amendment No. 6. This Contract Amendment will result in a $300,075 reduction in Contract value from State close out of completed contract work. Meeting Date: 9/13/2011 Prepared By Name: HambrightGail Title: Accountant,Coastai Zone Management 7/14/20118:34:16 AM Submitted by Title: Accountant,Coastal Zone Management Name: HambrightGail 7/14/2011 8:34:18 AM' Approved By Name: AlonsoHailey. Title: Administrative Assistant,Domestic Animal Services Date: 7/14/2011 10:29:55 AM Name: McAlpinGary Title: Director- Coastal Management Prvgrams,Coastal Zon Date: 8/3/20114:12:43 PM Name: RamseyMarla Title: Administrator, Public Services Date: 8/16/2011 11:19:03 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Packet Page -2553- Date: 8/17/20114:51:54 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/19/20114:28:18 PM Name: FinnEd Date: 8/29/20112:38:10 PM Name: QchsLeo Title: County Manager Date: 8/30/20112:50:33 PM �1 Packet; Page -2554- 9/13/2011 Item 16.D.2. 9/13/2011 Item 16.D.2. AMENDMENT No: 6 DEP AGREEMENT No: 05CO1 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 THIS AGREEMENT entered into on the 29`s day of November, 2005, amended on the 12'' day of May, 2006, amended on the 27'' day of August, 2007, amended on the 20 day of December, 2008, amended on the 5th day of January, 2010, and amended on the 29th day of July, 2010, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT ") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and COLLIER COUNTY whose address is, 3299 Tamiami Trail East, Naples, Florida 34112, a local government, (hereinafter referred to as the "LOCAL SPONSOR "), is hereby amended as follows: WHEREAS, the 2011 Legislature has reverted funds in grant 05C01 in the amount of $300,075, and this amendment reflects removal of these funds; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: • Paragraph l is hereby deleted in its entirety and replaced with the following: n The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A -5, Revised Grant Work Plan, attached hereto and made a part hereof. 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. 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 August 31, 2012. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the Department beginning on or after November 29, 2005, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the Department. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be terminated by formal amendment. Paragraphs 7 is hereby deleted in its entirety and replaced with the following: The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work 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. Approval of the Scope of Work for each task will be in the form of an approved amendment to this Agreement. The DEPARTMENT may require at least ten percent (10 %) of the total cost share for a specified task be forfeited for failure to obtain prior approval, through an executed amendment, from the DEPARTMENT for a specified task. DEP Agreement Nc -- A -t No. 6, Pagel of 5 Packet Page -2555- 9/13/2011 Item 16.D.2. Paragraph 8 and Table 1 are hereby deleted in their entirety and replaced with the following: The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task # Eli ible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design 2.1 Artificial Reef Design $5,725 $12,032 $17,757 2.2 Offshore Sand Search $39,534 $83,089 $122,623 3.0 Construction 3.1 2006 Nourishment $4,570,802 $8,635,791 $13,206,593 3.2 Construction Management $43,471 $82,132 $125,603 3.3 Mitigation $184,140 $622,079 $806,219 3.4 Additional Turtle Trawls $47,243 $89,258 $136,501 4.0 Post Construction Monitoring 4.1 Physical and Nearshore Biological Monitoring $232,020 $487,646 $719,666 4.2 Shorebird Monitoring $7,305 $15,354 $22,659 4.3 Tilling $11,241 $23,625 $34,866 4.4 Post Contrruction Physical Monitoring $25,117 $52,789 $77,906 4.5 Year 1 Physical Mointoring (2007) $47,261 $99,330 $146,591 4.6 Year 1 Biological Monitoring (207) $80,727 $169,667 $250,394 4.7 Years 2, 3, and 5 Monitoring $181,502 $381,472 $562,974 TOTAL PROJECT COSTS $5,476,088 $10,754,264 $16,230,352 Prior written approval from the DEPARTMENT'S Project Manager shall be required for changes within approved deliverable budget categories up to 10% of the total deliverable budget amount. The DEPARTMENT'S Grant Manager will transmit a copy of the written approval and revised budget to the DEPARTMENT Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal change order to the Agreement. Paragraph 9 is hereby revised to change the total amount of funding from the DEPARTMENT under this Agreement from $5,776,164 to $5,476,088. Paragraph 10 is hereby revised to replace the third sentence as follows: Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through formal amendment to this Agreement. • Paragraph 12 the following language is hereby added after the first sentence: The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re- initiated upon execution of subsequent amendments to this Agreement for additional funding. DEP Agreement No Packet Page -2556- `t No. 6, Page 2 of 5 9/13/2011 Item 16.D.2. • Paragraph 14 is hereby revised to replace the fourth sentence as follows: These forms are to be submitted upon completion of the deliverables. • Paragraph 14 the following language is hereby added to the Agreement: The final payment will not be processed until the match requirement has been met. Paragraph 15 is hereby revised to replace the first sentence as follows: The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each request for reimbursement to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. Paragraph 16 the following language is hereby added after the first sentence: The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. • Paragraph 16 is hereby revised to add the following after the last sentence: The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. Paragraph 20 the following language is hereby added after the second sentence: The LOCAL SPONSOR will be notified in writing of any changes to the DEPARTMENT'S Project Manager information. Paragraph 35 the following language is hereby added after the first sentence: The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. 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 Project 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 LOCAL SPONSOR'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 Project Manager, modification of deliverable due dates when such change does not involve an extension, and modifying the Project Work Plan when such modifications would not involve a decrease /increase in cost or an extension of the performance period of this Agreement. DEP Agreement Ni it No. 6, Page 3 of 5 Packet Page -2557- 9/13/2011 Item 16.D.2. • Paragraph 44 the following language is hereby added: A. The Grantee agrees that it will enroll and participate in the federal E -Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. The Grantee further agrees to provide to the Department, within thirty (30) days of the effective date of this Amendment, documentation of such enrollment in the form of a copy of the E- Verify "Edit Company Profile" screen ", which contains proof of enrollment in the E- Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E- Verify employer's homepage). B. The Grantee further agrees that it will require each subcontractor that performs work under this Agreement to enroll and participate in the E -Verify Program within ninety days of the effective date of this Amendment or within ninety (90) days of the effective date of the contract between the Grantee and the subcontractor, whichever is later. The Grantee shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program and make such record(s) available to the Department upon request. C. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records available to the Department or other authorized state entity consistent with the terms of the Memorandum of Understanding. D. Compliance with the terms of this Employment Eli ig bility Verification provision is made an express condition of this Agreement and the Department may treat a failure to comply as a material breach of the Agreement. Attachment A4, Grant Work Plan is hereby deleted in its entirety and replaced with Attachment A -5, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A -4 shall hereinafter refer to Attachment A -5, Revised Grant Work Plan. Exhibit-113 to Attachment H -3 is hereby deleted in its entirety and replaced with Exhibit 1C, attached hereto and made a part hereof. 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 N " it No. 6, Page 4 of 5 Packet Page -2558- 9/13/2011 Item 16.D.2. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. COLLIER COUNTY By: Title: Chairman Date: FEID No.59- 6000558 ATTEST: DWIGHT E. BROCK, Clerk Bj/: G tee's Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: Department of Environmen rotection Grant Program Administrator APPROVED as to form and legality: Department of En en Protection Attorney *If someone other than the Chairman 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 -5 Revised Grant Work Plan (4 pages) Attachment H -3 Exhibit 1C (page 5 of 5) DEP Agreement No. 05COI, Amendment No. 6, Page 5 of 5 Packet Page -2559- 9/13/2011 Item 16.D.2. ATTACHMENT A -5 REVISED GRANT WORK PLAN Project Title: COLLIER COUNTY BEACH NOURISHMENT Project Location: The project includes 8.6 miles, along three segments of shoreline within Collier County, FL. The segments consist of the following components: Vanderbilt Beach, approximately 2.8 miles between DEP Monuments R22 -R37; Park Shore, approximately 2.1 miles between DEP Monuments R43.7- R54.4; and Naples, approximately 3.7 miles between DEP Monuments R58- R79. Project Background: The project areas have been expanded from the original restoration that was constructed in 1996. A nourishment project was completed in 2006 and included a one acre mitigation reef to compensate for damage to nearshore hardbottom resources. Subsequent storm events caused additional erosion to the project. Funding assistance was requested from the Federal Emergency Management Agency and in 2008, federal funding was approved to mitigate for storm - induced erosion. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, for 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 Regional Coastal Monitoring Data Plan and Geographic Information Systems Data 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. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 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. Performance standard: All deliverables, reports, and design results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. 2.1 Artificial Reef Design Deliverable A: Final report containing project design template and analyses. Task 100% complete. No funds remaining. Total cost $17,757 (DEP cost $5,725) Due date July 2006. DEP Agreement No. 05COI A—.-,]---+ ATn 4 Attachment A -6, Page 1 of 4 Packet Page -2560- n 9/13/2011 Item 16.D.2. 2.2 Offshore Sand Search Deliverable A: Final report of reconnaissance -level geotechnical investigations for Collier County emergency offshore sand source evaluation - survey. Task 100% complete. No funds remaining. Total cost $122,624 (DEP cost $39,534) Due date December 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 and North and South causeways. Eligible costs include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures, mitigation, 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 2006 Nourishment Deliverable A: Certificate of Completion for 2006 sand placement construction for all three segments of the Collier County Beach Restoration project. Task 100% complete. No funds remaining. Total cost $13,206,593 (DEP cost $4,570,802) Due date July 2006. 3.2 Construction Management Deliverable A: Report containing daily logs of construction phase oversight and management services. Task 100% complete. No funds remaining. Total cost $125,603 (DEP cost $43,471) Due date July 2006. 3.3 Mitigation Deliverable A: Certificate of completion for one -acre mitigation reef construction designed to compensate for damage to nearshore hardbottom resources resulting from sand placement. Task 100% complete. No funds remaining. Total cost $806,219 (DEP cost $184,140) Due date July 2007. 3.4 Additional Turtle Trawls Deliverable A: Trawling log report for endangered species protection during construction. Task 100% complete. No funds remaining. Total cost $136,501 (DEP cost $47,243) Due date July 2007. DEP Agreement No. 05COl Amvnrimpnt Nn A. Attachment A -6, Page 2 of Packet Page -2561- 9/13/2011 Item 16.D.2. 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. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. 4.1 Physical & Nearshore Biological Monitoring Deliverable A: Monitoring report containing pre construction aerials, hydrographic surveys, analysis required by permit in physical monitoring plan, pre -, post- and pipeline construction monitoring required by biological monitoring plan. Task 100% complete. No funds remaining. Total cost $719,666 (DEP cost $232,020) Due date October 2005. 4.2 Shorebird Monitoring Deliverable A: Shorebird monitoring report for monitoring surveys conducted during 2006 construction event. Task 100% complete. No funds remaining. Total cost $22,659 (DEP cost $7,305) Due date December 2006. 4.3 Tilling Deliverable A: Beach tilling report for immediate post construction escarpment remediation. Task 100% complete. No funds remaining. Total cost $34,866 (DEP cost $11,241) Due date July 2006. 4.4 Post Construction Physical Monitoring Deliverable A: Report summarizing immediate post construction management and permit requirements for all three segments of the project. Task 100% complete. No funds remaining. Total cost $77,905 (DEP cost $25,117) Due date March 2007. 4.5 Year 1 Physical Monitoring Deliverable A: First annual post construction physical monitoring report. Task 100% complete. No funds remaining. Total cost $146,592 (DEP cost $47,261) Due date December 2007. DEP Agreement No. 05COI Am—Amr nt Nn A Attachment A -6, Page 3 of 4 Packet Page -2562- F n /01\ 9/13/2011 Item 16.D.2. 4.6 Year 1 Biological Monitoring Deliverable A: First annual post construction biological monitoring report. Task 100% complete. No funds remaining. Total cost $250,393 (DEP cost $80,727) Due date December 2007. 4.7 Years 2,3 & 5 Monitoring Deliverable A: Second year post construction physical and biological monitoring report. Total cost $187,658 (DEP cost $60,500) Due date December 2011. Deliverable B: Third year post construction physical and biological monitoring reports. Total cost $187,658 (DEP cost $60,500) Due date December 2011. Deliverable C: Fifth year post construction physical and biological monitoring reports. Scopes of work added under this task must be approved by Bureau staff. No portion of these funds may be expended until an amendment is executed per contract terns. Total cost $187,659 (DEP cost $60,502) Due date June 2012. All Tasks are Contractual Services DEP Agreement No. 05CO I A —A—+ X1^ A, Attachment A -6, Page 4 of 4 Packet Page -2563- U W 9/13/2011 Item 16.D.2. 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Cyr w b b 71 b b b b V �B Y DE Y Igo Y e9 Y �59'C Y " Y U� a U� a a o N w w Uw'o Uw o o Nw Nw o C ^ oY oY Co - Y M M Co ti b d I CQ N ^0 N b � OJ 'Y � � 'Y � N • r" N a+ a G) ��.+ � N ' � Q% ' a 1R O y O y O Q 0 O y 0¢ w¢ w y W Or C7 w u; C7 W pt, C7 N W a: C7 U w rx c7 U W �i C7 W R; C7 y L � v � v 0oa�o�ao =°L � i P. z 7;; wa.z � wz O¢ Q �F }Qyy ^y� tQTy N r QC Q� Packet Page -2564- O Q y Q � U Ui 'C's � �o� ¢U� E `ed b O y � U .n o OU z a� a> p z Y T 45, U W .2� U p� w � o � � bw 6 ww� U � M O b p Uy W O N Q � 9/13/2011 Item 16.D.2. From: VanLandinaham, Dena To: HambriahtGail Date: Friday, August 05, 20112:37:38 PM Hello Gail, Before this amend. your contract total amount was 51776,164, Beaches submitted to the Legislature to revert 300,075.49, they rounded the number to an even number and before this amend was processed the funds reverted on June 15 and the funds were actually taken at that time. When the Leg. actually gave us the numbers back we had already given them the .49 which left an uneven about in the contract of 476, 088.51. As Vince was trying to put the work plan together he chose to only have whole $'s as payables, so he put his work plan together to drop the .51 so now your contract value is 5,476,088, The Leg. reverted 300075 and Vince dropped the value by $1. Does that make sense or help. Your work plan value is correct with the table. Call if you need more. Thanks, dv Dena VanLandingham, OMCM Grant Program Administrator, Bureau of Beaches and Coastal System, Beach Erosion Control Program Phone: 850/922 -7711 Fax: 850/488 -5257 The Department of Environmental Protection values your feedback as a customer. DEP Secretary Herschel T. Vinyard Jr. is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survex. Thank you in advance for completing the survey. Packet Page -2565-