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ORIGINAL.
INDIAN RIVER COUNTY
BEACH PRESERVATION PLAN
ENGINEERING DESIGN & PERMITTING
AMENDMENT NO . 8 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
APPLIED TECHNOLOGY AND MANAGEMENT , INC . , AND INDIAN RIVER COUNTY ,
FLORIDA.
This is an amendment to the existing Professional Services Agreement (AGREEMENT)
dated April 27, 1999 , between Applied Technology and Management, Inc . (CONSULTANT) and
Indian River County (COUNTY) . This amendment addresses changes in " Section III — Scope of
Services " and " Section V — Compensation" . This Amendment modifies tasks contained in the Scope
of Work and Budget of Contract Amendment 7 , executed on February 10 , 2004 .
Amendment Description
This Amendment includes the following changes to " Section III — Scope of Services " :
The CONSULTANT shall complete the modified scope of services items in accordance with
tasks described in Exhibit "A "
This Amendment includes the following changes to " Section V — Compensation " :
Section V is being revised in response to Section III changes . The charges associated with Cite
change in project scope are in accordance with Exhibit "A " . The Section of the original
AGREEMENT entitled " Section V - Compensation" shall be revised to include compensation due to
CONSULTANT as outlined in Exhibit "A" .
This AGREEMENT is hereby amended as specifically set forth herein . All other sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein .
This Amendment No . 8 to the AGREEMENT regardless of where executed , shall be
governed by and construed by the laws of the State of Florida .
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In witness whereof the parties have executed this Amendment this 4th day of
May 2004 .
Applied Technology & Management, Inc . Indian River County, Florida
2770 NW 43 `d Street, Suite B Board of County Commissioners
Gainesville , F1 32606 - 7/419
Michael Jenkins , Ph . D . , P . E . Caroline D . Ginn , Chairman
Coastal Engineering Team Leader
WITNESS : 1 4) A st :
WITNESS :
Jeffery K . Barton, Clerk of Court
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( Corporate sea is accept in PROVED :
place of witnesses ) � f
Co tV A ml Istrator
A ED AS TO FORM
Y
RIAN E .
SSISTANT COUNTY ATTORNEY
Indian River County Approved Date
Administration t
l�
Budget
Legal
Risk Management
Public Works
,2
Coastal Eng.
TCG 4 -0.61
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EXHIBIT " A "
SCOPE OF SERVICES AND PROJECT COSTS .
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SCOPE OF WORK
Indian River County Mitigation Reef = Sectors 1 & 2
Supplemental Construction Phase Services
Introduction :
The Indian River County has proposed to create a total of 5 . 24 acres of mitigative reef
habitat ( including one acre of sandy area as required by FDEP Permit 0166929-001 - JC ) .
The mitigation will consist of 0 . 28 acres of Low Complexity- Low Relief ( LCLR) reef and
4 . 96 acres of High Complexity- High Relief ( HCHR ) reef as detailed in the " Indian River
County Sectors 1 & 2 Beach Restoration Project Mitigation Plan " prepared in October
2002 by Indian River County Coastal Engineering Division and Applied Technology and
Management , Inc .
Applied Technology and Management , Inc . (ATM ) proposes the herein described Scope
of Work to assist Indian River County ( COUNTY) with the professional coastal
engineering services for the County Mitigation Reef Construction Phase . ATM shall
provide Engineers and that are trained in methods of the marine construction proposed
under this contract . The following services are supplements to the tasks agreed to in
Contract Amendment Number 7 .
TASK 1 : SUPPLEMENTAL SERVICES FOR THE INSPECTION REVIEW AND PRE -
CONSTRUCTION CONFERENCE
Under Contract Amendment #7 , ATM contracted with the County to prepare for and
participate with the COUNTY in one ( 1 ) meeting prior to the start of construction and
prior to the pre-construction conference (to be held on the same day ) . This meeting will
include the participation of COUNTY inspectors and will be held with the purpose of
providing the inspectors with information on the Mitigation Reef construction project and
details on what they should include as part of their daily supervision of the project
including data collection . ATM will be responsible for preparing the agenda and
chairing the meeting , and preparing and distributing the minutes to attendees
following the meeting .
For the Supplemental Services for this task , ATM shall review the applicable sections of
the permit and the Mitigation Plan with the Contractor prior to commencement of the
activity authorized by this permit . Additionally , ATM shall review the contractor-supplied
plans as required by the Contract and ensure compliance with the Plans and Specs ;
review the construction methodology , and the specific conditions and monitoring
requirements of the permit with the Contractor , the Contractor' s associated sub -
contractors , FDEP and FWC staff, the marine turtle permit holder , and other involved
parties ; and to reiterate communications and reporting protocols for the duration of
Contractor mobilization , construction and demobilization activities .
TASK 2 : SUPPLEMENTAL PERIODIC SITE INSPECTIONS AND CONSTRUCTION
ADMINISTRATION SUPPORT
Task 2 of Contract Amendment #7 included two site inspections by ATM in order to :
• Supervise the required drop tests — occurring on the day of the field vi sit .
Requirements for drop tests are included in the Indian River County Mitigation
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Reef Project Technical and Environmental Specifications . The ATM engineer
shall also provide a cursory inspection of construction materials present while on
site , shall assess the results of the drop tests and advise the contractor as to the
suitably of the material ;
• Provide clarification and interpretations of the Contract Documents when needed
(and while on - site ) ;
• Review the loading and deployment of reef material for compliance with the
permit and the contract ; and ,
• Document observations coincident with field inspections .
The Supplemental Task 2 services to be performed by ATM shall consist of construction
administration support , including periodic (weekly during construction ) site inspections
during the construction phase of the project . It is explicitly understood that the COUNTY
staff shall furnish daily supervision and inspection of the project , and County staff will
interact directly with the CONTRACTOR as the owner of the Mitigation Reef project .
During the periodic site inspections , ATM will :
• Visit the site on an approximate weekly basis , depending on the progress of
construction . Observations will be conducted to ensure that construction is in
compliance with the construction plans , contract documents , and permit
authorizations granted for the work . The Engineer will be on call throughout the
period of construction .
• Review the contractor' s quality control reports (daily reports) through the duration
of the project from mobilization ( initial deployment) through demobilization from
the project site . The Engineer shall attend periodic progress meetings with the
Contractor and the Contractor' s associated sub-contractors as appropriate during
construction .
• Review and make a volumetric comparison of Contractor progress and pay
surveys , quarry records , weigh slips or draft tables , and pay requests for all work
elements . The Engineer shall carefully review for accuracy of computation and
completeness the Contractor' s periodic payment invoices and will make
recommendations to the Owner/Permittee .
• Revise design sections as necessary during the course of the work in order to
maintain the integrity of the project dimensions and the contract cost . Revised
plan sheets and/or Change Orders will be formulated on an as- needed basis by
the Consultant with the consent of the Owner ; and ,
• Supervise additional drop tests as needed due to the change in the Contractor' s
proposed plan for obtaining the m aterial from a single quarry . It is necessary to
inspect material from each quarry , performing drop tests before the material is
approved for use and at 10 , 000 ton intervals as specified in the Indian River
County Mitigation Reef Project Technical and Environmental Specifications .
During this inspection , the ATM engineer shall also provide a cursory inspection
of construction materials , shall assess the results of the drop tests and advise the
contractor as to the suitably of the material .
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TASK 3 : PRODUCTION OF AS - BUILT DRAWINGS
Task 3 of Contract Amendment #7 included development of As - Built drawings based on
the post-construction survey , consisting of updated construction drawings showing the
post- construction survey of the mitigation reef. As- Built drawings will be furnished as
two (2 ) hard copies ( 24 "x36 " ) to the COUNTY and one hard copy to the FDEP Bureau of
Beaches and Coastal Systems .
The contracted fee for this task was developed in error , reflecting the level of effort
required for developing As- Built drawings for a beach nourishment project involving a
great deal of data . Thus , the fees contracted for this task exceed the level of effort
expected for the development of As- Built drawings for the mitigation reef.
Fees for Task 3 shall be reduced by $ 8 , 600 . 00
TASK 4 : SUBSTANTIAL COMPLETION AND FINAL INSPECTION
Task 4 of Contract Amendment #7 includes inspection and issuance of a certificate of
substantial completion , development of a punch - list , and final inspection by ATM and
review of data and any other pertinent contractor-supplied documents and
recommendation to the COUNTY to provide final payment to the CONTRACTOR .
For additional clarification , these services include :
Submittal of a written statement of completion and certification by a registered
professional engineer to the Owner/Permittee and the Department within 30 days after
completion of construction . This certification shall state that all locations and elevations
specified by the permit have been verified ; the activities authorized by the permit have
been performed in compliance with the plans and specifications approved as a part of
the permit , and all conditions of the permit ; or shall describe any deviations from the
plans and specifications , and all conditions of the permit .
For all inspection activities , direct inspection by ATM is limited to above- water efforts .
ATM review of the constructed mitigation structures will be limited to review of
information , including photographs , video images , and bathymetric data , provided by the
CONTRACTOR , the COUNTY , and others that the COUNTY chooses to employ to
make such observations . If necessary , ATM will assist the COUNTY with contacting one
or more firms that may assist with the underwater activities .
The fee for this task is unchanged from the fee approved in Contract Amendment 7 .
TASK 6 : PRE -TURTLE NESTING SEASON YEAR 2004 2005 AND 2006 BEACH
TILLING AND LEVELING
For clarification , Task 6 of Contract Amendment #7 includes fees for 2004 , 2005 , and
2006 beach tilling and escarpment leveling .
The fee for this task is unchanged from the fee approved in Contract Amendment 7 .
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Indian River County Supplemental Services for Mitigation Reef Construction
ATM Other
Direct Costs
Task TASK DESCRIPTION AND BREAKDOWN ATM Total (ODC's ) Total TaskLabor & Equipment Budget
1 Supplemental Services for the Inspection Review and Pre-Construction Conference $ 31420 . 00 $ 31420. 00
2 Supplemental Periodic Site Inspections and Construction Administration Support $ 13 , 740. 00 $ 13
, 740 . 00
3 Production of As- Built Drawings - reduction of fees $ (8 , 600 . 00) $ (81600 . 00)
Project Totals - ATM Labor, ATM ODC 's , and Overall $ 81560 . 00 $ - $ $ , 560 , 00
April 16 , 2004