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HomeMy WebLinkAbout2004-099 � i 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 . H \jobs\03 -719 IRC Post-Constr ServiceMmendment KAmendment. doc 1 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 � . ( 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 H :\jobs\03-719 IRC Post-Constr Services\Amendment MAmendment. doc 2 EXHIBIT " A " SCOPE OF SERVICES AND PROJECT COSTS . Hljobs\03- 719 IRC Post-Constr Services\Amendment 8\Amendment. doc 3 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 H1jobs\03-719 IRC Post-Constr Services\Amendment 8\Scope of Work. doc 1 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 . HAjobs\03-719 IRC Post-Constr Services\Amendment 8\Scope of Work.doc 2 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 . Rl obs\03-719 IRC Post-Constr ServicesWmendment 8\Scope of Work.doc 3 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