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Water Retention Installation Amendment 1 LP6847 Florida Department of Charlie Crist Governor Environmental Protection IeffKottkamp Bob Martinez Center Lt. Governor 2600 Blair Stone Road Michael W. Sole Tallahassee, Florida 32399-2400 Secretary DHL DELIVERY - SIGNATURE REOUIRED SEP 2 5 2008 Mr. Brian Whitehall City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 Re: LP6847 - City of Okeechobee Okeechobee Commerce Center Water Retention Installation Dear Mr. Whitehall: Enclosed is one original of Amendment 1 to your surface water improvement project. The amendment revises the budget and provides additional time for completion of the project. The amendment is now in effect. If we may be of further assistance, please contact Susan Taylor at 850/245-8358. Sincerely, Phil Coram, P.E., Deputy Director Division of Water Resource Management PC/st Enclosure cc: Honorable James E. Kirk - City of Okeechobee Robin Brock - City of Okeechobee Connie Vanassche - Craig A. Smith & Associates Governmental Services, LLC 'More Protection, Less Process" www. dep. state. fl. us STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6847 CITY OF OKEECHOBEE AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 13th day of November, 2007, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF OKEECHOBEE (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, due to a change in budget; and, WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the project as planned; and, WHEREAS, it has been determined that an extension of time to complete the project would be in the best interest of the State; and, WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2007-2008 funds supporting this Amendment beyond June 30'h of each year is subject to the approval of the Governor's Office; and, WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and, WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2007-2008 funds; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2. is hereby revised to change the completion date of the Agreement from November 30, 2008, to November 30, 2009, and to include the following language as a separate paragraph. The Grantee understands and agrees that certification forward of the State Fiscal Year 2007-2008 funds supporting this Agreement beyond June 30'h of each year is subject to the approval of the Governor's Office. 2. Attachment A, Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A-1, Revised Project Work Plan. 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. LP6847, Amendment No. 1, Page 1 of 2 This Amendment 1 to State Financial Assistance Agreement LP6847 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. CITY OF OKEECHOBEE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: / - r or Deputy Director Division of Water Resource Management Date: Q I IFPI Date: SEP 2 2 2008 Tommy yams, DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Svecifv Tvpe Letter/Number Description (include number of eases) Attachment A-1 Revised Project Work Plan (3 pages) DEP Agreement No. LP6847, Amendment No. 1, Page 2 of 2 ATTACHMENT A - REVISED PROJECT WORK PLAN 1. GRANTEE/PROJECT INFORMATION: Grantee: CITY OF OKEECHOBEE Project Title: OKEECHOBEE COMMERCE CENTER WATER RETENTION INSTALLATION DEP Grant LP6847 H. FUNDING PLAN: FY 05/06 PROJECT BUDGET Category of Expenditure DEP Funds Total Matching Funds Total Funding Professional Services 26,000 Administration & Bid 4,515 Documents Construction & Demolition Lake Excavation, Berm & Sod 58,000 1 Land n/a I Equipment - City's 24,000 I Control Structures 17,535 I Other (Specify) - City's Labor 19,950 i Total I $150,000 III. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) Revision 8-29-08 • The City of Okeechobee is requesting an amendment to the scope of work to redistribute the financial allotments within the budget category of expenditures based upon the actual expenses that have occurred to date for this project. The City utilized City personnel and equipment for this project but also needed outside professional services and put the construction out to bid. Additional City equipment and personnel were utilized during this project and are included in Attachment A. Funding needs to be adjusted within the budget categories to accommodate actual expenditures as outlined in Disbursement Request No. 1. Additional time is needed to complete the project. The City of Okeechobee is continuing to comply with wetland retention compliance issues and provide for water filtration and clean-up prior to entry into State waters. In order to add new business prospects and create jobs while protecting the waters of Taylor Creek and Lake Okeechobee, the City is providing wetland retention on the north side of the Okeechobee Commerce Center by: • Completing the construction of Lake No. 1 as part of the SFWMD Storm Water Master Drainage Permit for the City of Okeechobee Commerce Center. Site survey and construction drawing of the Lake to be completed by the City of Okeechobee Engineering Office. • The City will be doing this project in-house utilizing City personnel, and equipment. IV. PROJECT MILESTONES: (i.e., timelines, contracts, if funded in prior years(s) where is the project now) If the scope of work includes construction: Estimated Construction start date: Novegbgr 2007 Estimated scope of work completion date: lleelf3l. 2009 If the scope is only for pre-construction work: Estimated scope of work completion date: G:\LEGISLATIVE - GOVERNMENTAL SERVICES DIVISION\okeechobee, city of\FDEP LP6847-WATER RETENTION\CTTY OF OKEE WATER RETENTION ATTACHMENT A revised.doc Equipment Description - Revised Rate of Equip Usage per City Equipment to be used Hour S-10 Backhoe $1501 S-12 Backhoe $2001 2" Pump $35 Chop Saw $351 1 Equipment Trailer $351 Dump Trucks $751 S-9 Tractor $501 S-13 Tractor $501 S-14 Tractor $50 301 D. Truck $20 302 E. Truck $20 1 309 Bucket Truck $321 Supplies & Other Expenses - Revised Supplies and Other Expenses Sod/Seed (Construction) $10,000 Operating Supplies (Admin & Bid $4,515 Docs) Total Supplies & Other Expenses $149515 G:\LEGISLATIVE - GOVERNMENTAL SERVICES DIVISION\okeechobee, city of\FDEP 1,P6847 WATER RETENTIOMCITY OF OKEE WATER RETENTION ATTACENIENT A revised.doc V. LOCAL MATCH & OTHER GRANT FUNDS: N/A List the sources and amounts for all funds being used to fund this project. AMOUNT(S) SOURCE 12006-2007 LP grant i 2006-2007 Match i.e. 2005-2006 LP05xx grant i.e. CDBG Rant i.e. SRF loan WWxxxxx i.e. prior year local match i.e. federal fiords - STAG grant I Total Proiect Cost Budget Summary - Revised BUDGET CATEGORY ALLOTMENT Professional Services $26,000 Equipment - City's $24,000 Control Structure $17,535 Supplies and Other Expenses $4,515 Contractual Services $ Construction $48,000 Sod/Seed $10,000 Other-Labor $19,950 Indirect Costs $ Total: $150,000.00 Professional Services - Revised Salary and Benefit Description Annual Benefit Total Annual Employee Name Position Salary Cost Cost I Brian Whitehall City Administrator $72,811 1.58 $115,041.38 Oscar Bermudez Engineer $65,900 1.58 $104,122.00 Donnie Robertson Director of Public Works $53,634 1.58 $84,741.72 India Riedel Finance Acct Supervisor $34,359 1.58 $54,287.22 Cleveland Lamb Maintenance Foreman $42,335 1.58 $66,887.72 Marvin Roberts Laborer/Operator $30,157 1.58 $47,648.06 Floyd Selph Laborer/Operator $31,535 1.58 $49,825.30 Rick Amiet Laborer/Operator $29,272 1.58 $46,249.76 Clint Gould Laborer/Operator $29,711 1.58 $46,943.38 Brian Padget Laborer/Operator $30,157 1.58 $47,648.06 Alfred Fisher Mechanic $40,394 1.58 $63,822.52 Betty Clement General Services Coordinator $33,380 1.58 $52,741.70 G:\LEGISLATIVE - GOVERNMENTAL SERVICES DIVISIONbkeechobee, city oflFDEP LP6847 WATER RETENTION\CTTY OF OKEE WATER RETENTION ATTACHMENT A revised.doc