18-Amendment No. 2 FDEP Grant Agreement No. 18BO1.pdf

11/7/2022

ORCP Additional Signatures

DEP Grant Manager

DEP QC Reviewer

Local Sponsor may add additional signatures if needed below.

John P. Irving Digitally signed by John P. Irving Date: 2022.10.12 11:21:36 -04'00'

Matthew Hermele Digitally signed by Matthew Hermele Date: 2022.10.12 12:33:21 -04'00'

DEP Agreement No. 18BO1, Amendment 2, Attachment 3-B, Page 1 of 4

ATTACHMENT 3-B

SECOND REVISED GRANT WORK PLAN

PROJECT TITLE: Broward County Shore Protection Project – Segment II

PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department/DEP) reference monuments R36 to R41.3 and R51 to R72 along the Atlantic Ocean in Broward County, Florida.

PROJECT BACKGROUND: The Project was initially restored in 1970 from R32 to R49. The subsequent nourishment in 1983 expanded the project boundaries from R25 to R53. Following the passage of Hurricane Sandy in 2012, a small beach fill project was conducted as part of the repairs made to State Route A1A, and in 2014 an FCCE project placed upland sand above the mean high water line along the Project boundary. A new JCP permit for the Project (R25-R85) was issued in 2014. The subsequent truck haul project began in January 2016 and was completed in two segments (R36 to R41.3 and R51 to R72), the second of which was completed in December 2016 after sea turtle nesting season. The permit requires 6.8 acres of artificial reef to be constructed as mitigation for the 2016 nourishment.

PROJECT DESCRIPTION: The Project includes construction and post-construction monitoring tasks for the Broward County Shore Protection Project – Segment II.

PROJECT ELIGIBILITY: The Department has determined that 81.44 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 $1,554,605 for this Project or up to 40.72 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 Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, 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.

Pursuant to 62B-36.005(1)(d), F.A.C., the Local Sponsor 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:

http://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf.

One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified.

EXHIBIT 4

DEP Agreement No. 18BO1, Amendment 2, Attachment 3-B, Page 2 of 4

Acronyms:

DEP or FDEP – Florida Department of Environmental Protection F.A.C. – Florida Administrative Code FCCE – Flood Control and Coastal Emergency 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: Construction

Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. 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 by a Florida-registered Professional Engineer with documentation of submittal to the Department of a final construction observation report, and a construction-phase survey and report affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report must be submitted detailing activities completed 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 monthly.

Task 2: 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

EXHIBIT 4

DEP Agreement No. 18BO1, Amendment 2, Attachment 3-B, Page 3 of 4 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 monthly.

Estimated Eligible Project Cost

Task # Eligible Project Tasks

State Cost Share

Federal Estimated

Project Costs DEP Local Total

1 Construction 40.72% $4,440,875.06 $1,473,571.00 $2,145,218.29 $8,059,664.35

2 Monitoring 40.72% $244,210.00 $81,034.00 $117,968.00 $443,212.00

COSTS $4,685,085.06 $1,554,605.00 $2,263,186.29 $8,502,876.35

EXHIBIT 4

DEP Agreement No. 18BO1, Amendment 2, Attachment 3-B, Page 4 of 4

PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date.

Task No. Task Title Budget Category Budget

Amount Task Start

Date Deliverable Due Date

1 Construction Contractual Services $1,473,571.00 12/01/2015 04/01/2023

2 Monitoring Contractual Services $81,034.00 12/01/2015 04/01/2023

Total: $1,554,605.00

Note that, per paragraph 8.h. of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Local Sponsor with this and future requests for extension.

EXHIBIT 4