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HomeMy WebLinkAbout2003-069 CONTRACT IJ� � INDIAN RIVER COUNTY, FLORIDA Q 0 GRANT AGREEMENT NO . FWC - 02105 (� THIS AGREEMENT made and entered into on the 18th day of March , 2003 , by and between Florida Institute of Technology herein after called the Contractor, and INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , hereinafter called the County . WITNESSED : That the Contractor and the County , for the consideration hereinafter named , agree as follows : Article 1 . SCOPE OF WORK : The Contractor shall furnish all labor, services , equipment and perform all the work described in the Specifications entitled : INDIAN RIVER COUNTY ARTIFICIAL REEF MONITORING PROJECT YEAR 3 ATTACHMENT A - SCOPE OF SERVICES GRANT AGREEMENT NO . FWC -02105 for Indian River County , Florida and shall do everything required by this Agreement and Contract Documents . Payment shall be made in accordance with the It ized Fee Schedule attached as Exhibit " B " and made a part of this agreement . Article 2 . COMMENCEMENT AND COMPLETION - %03* - As time is of the essence , the Contractor will be required to commence work immediately after receipt of the notice-to- proceed and shall complete the project before July 15 , 2003 . Article 3 . THE CONTRACT SUM : The County will pay the Contractor for performance of the Contract , subject to additions and deductions provided therein,, in current funds as follows : Numerical Amount $ 13 , 500 Written Amount Thirteen Thorand, Five Hundred Article 4. ACCEPTANCE AND PAYMENT : Upon receipt of written notice that the work is ready for final inspection and acceptance , the County Project Manager will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed , he will promptly issue a final certificate , over his own signature , stating that the work provided for in this Contract has been completed , and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment . Before issuance of a final certificate , the contractor shall submit evidence satisfactory to the County Project Manager that all payrolls , material bills , and other indebtedness connected with the work have been paid . The making and acceptance of the final payment shall constitute a waiver of all claims by the County , other than those arising from unsettled liens , from faulty CONTRACT 1 work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and still unsettled . Article 5 . INDEMNIFICATION : The Contractor, upon his part , agrees to protect , indemnify , save harmless , and insure the County from any liability to any persons for injuries to the person , including loss of life , or damage to property , resulting from the acts or omissions of the Contractor in performing his obligations under this Contract . The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor, and that neither the Contractor nor any of his servants , agents , or employees shall ever be considered to be an agent , servant or employee of the County . IN WITNESS WHEREOF , the parties hereto have executed this agreement the day and year first written above . FLORIDA INSTITUTE OF TECHNOLOGY 150 WE# UNIVERSI Y AV . MELB R E , FLO A 3 01 By obert LIS Ilivan Vice Presi nt for R arch Witnes (SEAL ) Wit s (corporate sealisaccepta a in place of witnesses ) INDIAN RIVER COUNTY BOARD OF OUNTY COMMISSION By neth R . Macht , Chairman Attest � � (SEAL ) rok - Jeffery K . Barton , ClerC rt Indian River County Approved Date Administration Budget JAMES E . CHANDLER , COUNTY ADMINISTRATOR Legal / Risk Management APPR ED AS TO FOR AND ALS Public Works CD J3 Coastal Engineering BY 3 -7-v3 MARIAN E . LL ASSISTANT COUNTY ATTORNEY CONTRACT 2 EXHIBIT "A" SCOPE OF SERVICES GRANT AGREEMENT FWC-02105 CONTRACT 4 ATTACHMENT A SCOPE OF SERVICES 'Continuation of monitoring comparing fished and unfished reefs on an Artificial Reef East Coast Demonstration Project (Indian River County) ' Introduction This task is a 3'd year continuation of artificial reef monitoring that began under F42 Segment 15 on a set of artificial reefs which were constructed under Project # 1 , Task #2 of F42-Segment 14 , as a Florida Atlantic Coast cooperative demonstration project . The project is intended to demonstrate to the public the potential habitat and fisheries resource enhancement value of artificial reefs under conditions where there is reduced fishing pressure . This is the final year of the three year monitoring project and has the sponsorship of a local county government, a university with a marine biology department, and a local fishing club . Under the current scenario , two of four reefs existing in three permitted sites will have unpublished locations for three years. The two remaining reefs will be fished . The four reef sites were permitted to Indian River County under ACOE Permit # 199700975 (GP-TB ) . The approximate coordinates of the patch reefs are : North Latitude West Longitude Depth Permitted Site #2 270 55 . 941 ' 800 15 . 941 ' 66 feet Patch Reef 2NW Permitted Site #3 270 54 . 733' 800 13 . 710' 71 feet Patch Reef 3NW Permitted Site #4 270 55 . 537 ' 800 12 . 733 ' 73 feet Patch Reef 4NW Permitted Site #4 270 54 . 679' 800 11 . 863 ' 72 feet Patch Reef 4SE Fish populations will continue to be censused on all four reefs (eventually covering a 36 month period ). Each of the four reefs will be surveyed at least two (two) times during this agreement period . For each survey, a pair of divers will collect two sets of data . One diver will use a JVC underwater digital video camera to record images of fishes along a path extending an estimated 3 m on either side of each transect line (designated T1 , T2 , and T3) , while the second diver will use a slate to record presence/absence of all species seen , including those not directly on the transects . Each dive will began with a survey along the complete perimeter ( P) , followed by surveys along T1 - T3 . A second survey along T2 will be conducted , with special attention to fishes inhabiting the deepest holes and crevices in the reef. Repeated surveys of T1 and T3 will be performed if possible , within the 30 minute air/bottom time limitation of working at depths of 70 feet. The data collected will allow for calculation of parameters such as species diversity and community diversity. Size estimates will be collected on two to four target fish species , and laser scale guides in videography will allow for calibration of the diver size estimates . Data will also be collected on the degree of fishing effort in order to calculate changes in catch per unit effort (CPUE ) . User survey forms have been developed and distributed . Data analysis using statistical methods will be difficult due to the small sample size , so it is proposed that if the assumptions of an Analysis of Variance (ANOVA) such as homogeneity and normality of the data can be met , then a one-way ANOVA with repeated measures will be used to test for differences in Page I of 4 , Attachment A species abundance over time . If ANOVA assumptions cannot be met, an analogous non-parametric method will be used (Weiner 1971 ) . Variability of the fish assemblages over time will be evaluated by comparing the mean coefficient of variation for all species at control and treatment reefs (Seber 1973 ) . The `T' method for multiple comparisons among pairs of means (Zar 1984 ) will test for significant differences in fish community variability. Community parameters that do not depend on sample size such as the Bray-Curtis index of similarity (Clifford and Stephenson 1975) will test the hypothesis that the fish populations of the two treatment reefs are no more similar to each other than they are to the control reefs . The Shannon-Weiner species diversity index will be used to compare species richness and evenness . The reef monitoring to be funded consists of the following elements : 1 . Approximate Project Timeline a. March-May 2003 : Monitoring and Data Collection (Quantitative Assessment) b . May 2003 : Data Entry, Summary and Analysis C . June 2003 : Reporting 2 . Survey Methodology a. Survey methodology will collect reliable data on patterns of community structure, relative abundance , and size of resident fishes . b . Data will be collected from 4 sites during a 3 month sampling window. The total number of monitoring events will include a minimum of 8 fish census events (2 replicates at each site) . i . Fish surveys will be conducted at each site by implementing an in situ visual survey method along the fixed transect, supplemented by a videographic visual survey method along the fixed transect. Surveys will be conducted at two separate intervals during this study. C. If visibility is judged to be less than 15 feet horizontally on the bottom, no fish census will be performed and the dives to conduct said surveys will be repeated at a later date . 3 . Data Anal a. Analysis shall include a comparison of similarity and differences in patterns of community structure, relative abundance, and size of resident fishes for the following : i . Unfished reefs (reefs 2NW and 4NW) ; and ii . Fished Reefs (reefs 3NW and 4SE) . 4 . Deliverables a. Written or electronically submitted status reports will be submitted every 30 days : March 30 , 2003 , April 30 , 2003 , and May 30 , 2003 . b . A draft report will be submitted to the Commission by June 1 , 2003 to provide 21 days for technical peer review by the Commission. Page 2 of 4 , Attachment A C . A final report acceptable to the Commission, will be submitted for approval on or before June 25 , 2003 . The final report, at a minimum, shall contain the following, including any additional comments by the FWC submitted during the course of the project and in review of the draft : i . Background and introduction information on the project, including a discussion on other comparative studies looking at fished versus unfished artificial reefs ; ii . Analysis of fishing effort ; iii . A narrative section describing methods , results , statistical analysis , and conclusions ; iv. Tables , charts and graphs ; V. Copies of all archival video footage, and a separate approximate 20 minute summary video depicting representative footage from the project. d. In addition to a hard copy of the final report, all raw and summarized data from fish surveys , along with all digital ground- truthing images , will be transferred on accompanying CD(s) , video cassettes , and DVD(s) . e . The hard copy final report will also be provided as an indexed Adobe Acrobat (. pdf) file on a CD rom, suitable for posting on the internet. 5 . Funds from this Agreement may not be expended on training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. PAYMENT SCHEDULE 6 . For satisfactory completion of the final report and a minimum of 8 monitoring events as described above, the COMMISSION agrees to pay the GRANTEE a maximum of $ 15 ,000 on a fee- schedule basis according to the cost per unit in the following table : Monitoring Event Type Number Cost of Events Per Unit Total Cost Fish Census 8 $ 19250. 00 $ 10 ,000 . 00 Final report preparation 1 $ 5 ,000 . 00 $ 57000 . 00 (including data analysis ) TOTAL 9 $ 15,000 .00 7 . The GRANTEE shall be reimbursed by the COMMISSION in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation no later than forty- five (45 ) days after the ending date of the Agreement . A timely reimbursement request following completion of actual submittal of the final report is strongly encouraged . PERFORMANCE 8 . Any published articles related to this artificial reef activity should reflect the role of the Florida saltwater fishing license revenues in assisting in the funding of this activity . Page 3 of 4, Attachment A LITERATURE CITED Clifford , H . T. and W. Stephenson . 1975 . An introduction to numerical classification . Academic Press , New York . 299 pp . Seber, G . A. 1973 . Estimation of Animal Abundance and Related Parameters . Griffon , London Weiner, B .J . 1971 . Statistical Principles in Experimental Design . McGraw- Hill , New York. Zar, J . H . 1984 . Biostatistical Analysis . Prentice-Hall , New Jersey. REST OF PAGE INTENTIONALLY LEFT BLANK Page 4 of 4 , Attachment A EXHIBIT " B " ITEMIZED FEE SCHEDULE BID SCHEDULE 2 INDIAN RIVER COUNTY ARTIFICIAL REEF MONITORING PROJECT GRANT AGREEMENT FWC -0215 ITEMIZED FEE SCHEDULE ITEMy DESCRIPTION EQUIPMENT LABOR ` . ? . TOTAL n cOST� . COST COST Conduct two fish population censuses on four artificial $ 1000 $ 7500 reefs . $ 8500 2 Data analysis and report NA $ 5000 preparation . $ 5000 TOTAL FEE L$ 1-315 0 0 BID SCHEDULE 3