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HomeMy WebLinkAbout2010-123 V 1 IIL13 �C � fo - � a3 INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORD ORDER NO , 16 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN APPLIED TECHNOLOGY AND MANAGEMENT , INC . AND INDIAN RIVER COUNTY, FLORIDA Pursuant to the Professional Services Agreement (MASTER AGREEMENT) dated December 13 , 2005 and amended December 13 , 2008 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and APPLIED TECHNOLOGY AND MANAGEMENT, INC . , with a Florida office in WEST PALM BEACH, FL . , hereinafter referred to as the CONSULTANT, this WORK ORDER No . 16 is an extension of and hereby becomes a part of the MASTER AGREEMENT as follows : SECTION I - PROJECT DESCRIPTION Services included in this Work Order are specified in the attached Scope of Work included as Exhibit "A" SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide the CONSULTANT with the following material , data, or services as required in connection with the work to be performed under this Work Order: A. Currently available studies , survey drawings, plans , calculations, and other data pertinent to the Project. B . Review and comment on CONSULTANTS work in a timely fashion . SECTION III SCOPE OF SERVICES CONSULTANT will provide services as specified in the attached Scope of Work included as Exhibit "A" SECTION IV - TIME FOR COMPLETION After the COUNTY issues a written authorization to proceed, all work shall be completed on or before January 2011 as set forth in Exhibit "C" unless project delays extend the time of completion . 1 SECTION V COMPENSATION The COUNTY agrees to pay , and the CONSULTANT agrees to accept fees for services rendered according to the attached Cost Proposal included as Exhibit ` B " . SECTION VI - PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month . The CONSULTANT shall submit duly certified invoices to the Director of the Public Works Department. For lump sum line items , the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For each invoice, the CONSULTANT shall certify that the total invoice amount is correct. The amount of the partial payment due the CONSULTANT for the work performed Io - date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent ( 10%) of the invoice amount thus determined , which shall be withheld by the COUNTY as retainage, and less previous payments . The ten percent ( 10 %) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, within forty -five days after the date of final acceptance of the work by the Director of Public Works . Billings shall be payable in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 21. 8 . 70 et. seq . at not less than monthly intervals . No payment shall be made unless the Public Works Director has received and approved the work products required under the "Scope of Services " herein . 2 • SECTION VII - RELATIONSHIP TO MASTER AGREEMENT AND LAWS OF FLORIDA Pursuant to paragraph 1 . 4 of the Agreement, nothing contained in any WORK ORDER shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual WORK ORDER as if fully set forth herein . IN WITNESS WHEREOF the parties hereto have executed these presents this day of May 11th 2010 . APPLIED TECHNOLOGY INDIAN RIVER COUNTY, FLORIDA AND MANAGEMENT, INC . BOARD OF COUNTY COMMISSIONERS 400 S . AUSTRALIAN AVE. WEST PALM BEACH, FL 33401 BY : BY : ° ° Michael Jenkins, Ph . D . Peter D . O ' Bryan, $ e Coastal Team Leader Chairman 000 '; ? 8 % • • • • • • �\ •° °° JEFFREY K. BARTON, CLERK � � � �� •° Attest: APPROVED r BY : qo) 'Z� 0. A 4 eUphA. aird, County dministrator J Approved as to form and legal sufficiency : Alan S . Polac wich , Sr. County Attorney 3 EXHIBIT " A " SCOPE OF SERVICES 4 Attachment A Scope of Services ell 11 ell April 2010 Work Order 16 Indian River County Beach Sectors 1 & 2 Post - Project Monitoring ( 2010 ) INTRODUCTION The sand placement for the limited renourishment of the Ambersand project was broken into two phases . Phase I , placement of sand from the Sebastian Inlet Sand Trap , was performed under a FDEP partial notice to proceed ( NTP ) , and allowed for placement of sand dredged from the Sebastian Inlet sand trap to be placed on the dry beach ( landward of the MHW line ) . The Phase I portion of the project was completed in May 2006 under contract with Great Lakes Dredge and Dock , Inc . ( GLDD ) . Pre-Construction baseline biological monitoring was performed in the summer/fall of 2007 , and FDEP issued the County a full NTP to complete Phase II of this project . Phase II placed approximately 160 , 000 c . y . from the offshore borrow site , resulting in a total construction volume of approximately 258 , 000 c . y . Sand placement was completed on December 291 2007 , and Final Completion was provided to GLDD on March 26 , 2008 Based on clarification from FDEP (4/7/08 e- mail from Ms . Childs ) regarding the permit- required monitoring schedule , the biological and physical monitoring survey schedules are off-set by one year. The biological portion of the 2010 post-project monitoring effort will be the 2"d Year Post- Construction Biological Survey. The physical portion of the 2010 post- project monitoring effort will be the 3rd Year Post- Construction Physical Survey. This scope of work includes tasks to perform and fulfill the permit- required post- project monitoring and reporting for 2010 . Task 1 Biological Monitoring and Reporting ( 2"d Year Post-Construction ) The FDEP permit requires biological monitoring following the construction . Continental Shelf Associates International , Inc . ( CSA) will perform the biological monitoring , Costal Eco-Group , Inc . ( CEG ) will perform required 2nd party quality assurance of the monitoring data , and ATM will perform necessary quality control on the reporting of the data per the DEP -approved Biological Monitoring Plan ( February 6 , 2007 ) . Work will include surveying the ten transects established under previous surveys ( R -5 , R -6 . 51 R -81 R -9 . 51 R - 10 . 51 R - 121 R - 14 . 21 R - 16 . 9 , R - 19 . 5 , and R -22 ) . The data collection will include collecting video transects , quadrat and sediment thickness data , and surveying the nearshore edge . A comparison of the data collected under this scope of services will be made to prior project datasets . If weather or visibility conditions prevent the collection of data , contingency monitoring will occur per protocol . The budget allocated to filed work , including contingency days and visibility checks is up to 10 days . ATM and CEG will coordinate with FDEP and USACE on nearshore conditions and efforts undertaken as part of this task . The consultants and the County will have weekly teleconferences to coordinate efforts . ATM and CSA will provide the County with regular updates via e- mail or teleconferences of the field efforts , and a report presenting the data and an analysis of the data . Task 2 Aerial Photography This task allows for the collection , rectification and geo - referencing of orthogonal aerial photography from R - 1 through R -22 per the DEP -approved Physical Monitoring Plan ( February 2 , 2007 ) . Two reconnaissance flights are included as an effort to capture clear , high water visibility conditions . ATM will provide the County with a set of aerial photographs and digital copies (with world files ) of the aerials in TIF and JPG format . Task 3 Borrow Area Hydrographic Survey ATM will perform bathymetric surveys of the offshore borrow sites , which are identified as the Sectors 1 & 2 Primary Borrow Area ( formerly the Sector 7 Borrow Site ) and the Sectors 1 & 2 Secondary Borrow Area ( formerly known as the Sectors 1 & 2 Borrow Site ) . The bathymetric surveys will be conducted in accordance with the DEP -approved Physical Monitoring Plan . To be consistent with prior surveys , truckline line spacing will be 400 feet for the Primary Borrow Area and 500 feet for the Secondary Borrow Area . Included in this task is one weather day should inclement weather occur during the survey necessitating a re - mobilization to compete the survey . The Sebastian Inlet District will be conducting a bathymetric survey of the Sebastian Inlet Sand Trap , and has agreed with the County to share the data with ATM . The Sebastian Inlet Sand Trap survey dataset will be required to complete the physical monitoring report . ATM will provide the County with an xyz data file and drawings ( 11 x17 format) showing the survey data and bathymetric contours . Task 4 Beach Profile Survey Morgan & Eklund will perform the beach profile survey data collection and data reduction . Beach profile will include R - 1 through R -22 . All data collected will be accordance with the DEP -approved Physical Monitoring Plan . ATM will provide review of submittals and project coordination as necessary , provide the County with beach profile data in ASCII file format , CAD drawings , and drawings ( 11x17 format) signed by the surveyor. Task 5 Physical Monitoring Report ( 3'd Year Post-Construction ) ATM will analyze the project data and prepare a physical monitoring report per the DEP -approved Physical Monitoring Plan . The report will include reporting of the pre -and post-construction surveys of the beach profiles and borrow site . ATM will analyze the data for placed sand , shoreline and volume changes and the post- project condition of the borrow site . ATM will provide the FDEP with aerial photography ( rectified and geo- referenced under a separate work order) . ATM will prepare the 3rd Year Post-Construction Physical Monitoring Report as necessary . The County will provide ATM with comments to a draft version , and ATM will distribute the report as necessary . ATM will provide the County with one draft report for review , and distribute final copies to the County and regulatory agencies . Task 6 Sea Turtle Nest Monitoring Ecological Associates Inc . ( EAI ) will provide sea turtle nesting surveys per Florida Fish and Wildlife Conservation Commission ( FWC ) and DEP - permit requirements for the Post-Construction Nesting Season monitoring period . EAI will also perform pre -season tasks including compaction testing and escarpment monitoring . ATM will provide the County will all reports provided by EAI . ATM will coordinate efforts and review EAI -provided data prior to distribution . Task 7 Agency Coordination and Project Administration Under this task , ATM will coordinate with federal and state regulatory agencies on key project issues and overall satisfaction of permit- required submittals . Quality control and quality assurance will ensure that all submittals and agency coordination meet ATM ' s and the County ' s standards for reporting . All documents will be peer- reviewed internally by ATM staff, and provided to the County for comment, and submitted in accordance with agency deadlines . Future Tasks The issued FDEP and USACE permits require biological monitoring of the project for two additional years and biennial physical monitoring for the remainder of the project design life . It is assumed that the monitoring requirements will not change ; however , ATM will seek waivers to the monitoring requirements where appropriate . EXHIBIT ' B ' COST PROPOSAL 5 Attachment B Work Order 16 - Attachment B Sectors 1 & 2 Post-Construction Monitoring ( 2010) ATM Total Labor Total Task Task Description and Breakdown Total Subcontractor and Other Direct Budget Costs Task 1 Biological Monitoring $ 159 , 227 $ 8 , 537 $ 167 , 764 Task 2 Aerial Photography $ 8 , 138 $ 1 , 223 $9 , 361 Task 3 Borrow Area Hydro Survey $0 $20 , 850 $20 , 850 Task 4 Beach Profile Survey $ 13 , 860 $2 , 531 $ 16 , 391 Task 5 Physical Monitoring Report $0 $ 36 , 960 $ 36 , 960 Task 6 Sea Turtle Nest Monitoring $63 , 651 $ 2 , 336 $65 , 987 Task 7 Agency Coord . And Project Admin . $0 $ 5 , 775 $ 5 , 775 Total Task Order Costs $ 244 , 876 $78 , 212 $ 323 , 087 Future Tasks Post-Construction 2011 Monitoring (Year 3 Biological) $ 192 , 044 Post-Construction 2012 Monitoring (Year 5 Physical , Year 4 Biological) $ 283 , 453 Post-Construction 2014 Monitoring (Year 7 Physical) $ 108 , 589 Note : It is assumed that the permit-required monitoring requirements will not change ; however , ATM will seek waivers to the monitoring requirements where appropriate for 2012 and 2014 in effort to reduce overall monitoring costs . EXHIBIT ` C ' PROJECT SCHEDULE 6 Attachment C - Schedule April 2010 Work Order 16 Indian River County Beach Sectors 1 & 2 Post - Project Monitoring ( 2010 ) Task Date of Completion / Deliverable 1 Biological Monitoring and Reporting November 2010 2 Aerial Photography August 2010 3 Borrow Area Hydrographic Surve August 2010 4 Beach Profile Survey September 2010 5 Physical Monitoring Report December 2010 6 Sea Turtle Nest Monitoring January 2011 7 Agency Coordination and Project January 2011 Administration