Okaloosa County BOCC — June 3, 2014 — 14OK1-Okaloosa Island Dune Walkovers-revised — reading text

parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for DEP Agreement No. 14OK1, Page 9 of 11  performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR’s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 44. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14OK1, Page 10 of 11  IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: OKALOOSA COUNTY FLORIDA DEPARTMENT OF BOARD OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By:____________________________________ By:________________________________ Title: *Charles k. Windes, Jr., Commission Chair Department of Environmental Protection Secretary or designee Date:________________________________ Date:_______________________________ FEID No. 59-6000765 __________________________________ Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: ________________________________ ___________________________________ Local Sponsor’s Attorney Department of Environmental Protection (if necessary) Attorney *If someone other than the Charles k. Windes, Jr., 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 Grant Work Plan (2 pages) Attachment B Funding Eligibility (1 page) Attachment C Contract Payment Requirements (1 page) Attachment D Request For Payment, Parts I - IV (4 pages) Attachment E Project Completion Certification (1 page) Attachment F Special Audit Requirements (5 pages) DEP Agreement No. 14OK1, Page 11 of 11  ATTACHMENT A GRANT WORK PLAN Project Title: Okaloosa Island Dune Walkovers. Project Location: R2 – R10 on Okaloosa Island in Okaloosa County, Florida. Project Background: The DEPARTMENT cost shared with Okaloosa County to restore dune vegetation on Okaloosa Island. This project serves as a second step to protect the dunes on Okaloosa Island. 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 standard technical specifications contained in the DEPARTMENT’S Monitoring Standards for Beach Erosion Control Projects (2004) and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be found at http://www.dep.state.fl.us/beaches/publications/pdf/standard.pdf . 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. 3.0 Construction Work performed and costs associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible 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. Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, Coastal Construction Control Line Permit or a combination of these, as required, to assure all project-related construction is completed to desired specifications. 3.1 Construction Construction of six (6), publicly accessible, dune walkovers between R-2 and R-10 on Okaloosa Island in Okaloosa County, Florida. The County has demonstrated significant cost saving by utilizing county staff to construct the dune walkovers. The total length of all six walkovers is estimated to be approximately 1,215 linear feet. The DEPARTMENT will cost share at a maximum rate of $180/linear foot for a maximum total state reimbursement of $109,350. The maximum cost share may be utilized for applicable salaries (including associated fringe benefits) and materials/supplies. The LOCAL SPONSOR shall provide more detailed cost upon completion of the design work. Construction shall not commence until the DEPARTMENT reviews and approves the updated costs and construction plans. DEP Agreement No. 14OK1, Attachment A, Page 1 of 2  State cost sharing under this agreement is limited to walkover construction specifically and cannot be used for other public access improvements or amenities provided in addition to the walkovers, such showers or restroom facilities. Deliverable A: One electronic copy (pdf format) of the construction completion report including photographs of each of the six (6) walkovers. Total Estimated Cost: $218,700 (DEP cost $109,350). Due Date: August 31, 2015. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14OK1, Attachment A, Page 2 of 2  ATTACHMENT B FUNDING ELIGIBILITY OKALOOSA ISLAND DUNE WALKOVERS Project Boundary: R-2 to R-10 Approximate Shoreline Length: 8,961 FEET Public Access Location/Name Address R- Mon Type of Width of Total units Public Eligible shoreline Access Access/ or parking Parking (ft) Frontage spaces Spaces 1st Beach Freeway 372 Santa R-10 95.73 feet 27 27 1,521 Rosa Public Automobile Boulevard, Parking Fort Walton Beach, FL 2nd Beach 399 Santa R-8.5 Public 100 feet 25 25 1,420 Freeway Rosa Automobile Boulevard, Parking Fort Walton Beach, FL 3rd Beach 530 Santa R-7 Public 100 feet 27 27 1,526 Freeway Rosa Automobile Boulevard, Parking Fort Walton Beach 4th Beach 600 Santa R-5.75 Public 100 feet 30 30 1,684 Freeway Rosa Automobile Boulevard, Parking Fort Walton Beach 5th Beach 700 Santa R-4.75 Public 100 feet 30 30 1,392 Freeway Rosa Automobile (1,684 possible. Boulevard, Parking Reduced for Fort Walton overlap) Beach 6th Beach 820 Santa R-3 Public 102.31 feet 30 30 1,148 Freeway Rosa Automobile (1,684 possible. Boulevard, Parking Reduced for Fort Walton overlap) Beach 7th Beach 900 Santa R-2 Public 104 feet 37 37 0 Freeway Rosa Automobile (2,058 possible. Boulevard, Parking Reduced for Fort Walton overlap) Beach Total eligible shoreline length: 8,961 FEET Total project shoreline length: 8,961 FEET Percent eligible for State funding: 100 PERCENTAGE DEP Agreement No. 14OK1, Attachment B, Page 1 of 1  ATTACHMENT C Contract Payment Requirements Florida