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HomeMy WebLinkAbout2004-029 ORIGINAL y � o INDIAN RIVER COUNTY BEACH PRESERVATION PLAN ENGINEERING DESIGN & PERMITTING AMENDMENT NO . 7 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" Amendment Description This Amendment includes the following changes to " Section III — Scope of Services" : The CONSULTANT shall complete the additional 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 the 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 . 7 to the AGREEMENT regardless of where executed , shall be governed by and construed by the laws of the State of Florida. CADocuments and Settings\Administrator\Local Settings\Temp\ATM amendment 7 . doc 1 In witness whereof the parties have executed this Amendment this 10th day of February 2004 . Applied Technology & Management, Inc . Indian River County, Florida 2770 NW 43rd Street, Suite B Board of County Commissioners Gain le F lat By By G`a��GwG�i V tl • W . Samuel Phlegar, P . E . Caroline D . Ginn Chairman Senior Vice President mit ess : Attest : Jeffery K. Barton, Clerk of Court WITNESS : ( Corpor eal is acceptable in PPROVED : of witnesses) riydministrator Indian River County Approved Date Administration �/0 Budget Legal Risk Management Public Works Coastal Eng. 3C6 �) -a -� APPRCVEp AS TO FORM AND L SUFFICIENCY alARIAN E . FEL A SISTANT COUNTY ATTORNEY C :\Documents and Settings\Administrator\Local Settings\Temp\ATM amendment 7.doc 2 EXHIBIT " A" SCOPE OF SERVICES AND PROJECT COSTS . CADocuments and SettingsWdministrator\Local Settings\Temp\ATM amendment Tdoc 3 DRAFT SCOPE OF WORK Indian River County Mitigation Reef = Sectors 1 & 2 Construction Phase Services and Additional Sectors 1 & 2 Post= Construction Physical Monitoring 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 . TASK 1 : INSPECTION REVIEW WITH COUNTY AND PRE -CONSTRUCTION CONFERENCE ATM will prepare for and one ATM engineer will 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 prepare for and one ATM engineer will participate with the COUNTY and COUNTRACTOR in one ( 1 ) pre-construction conference (prior to Contractor mobilization to the project site) in order to address questions regarding the interpretation of the project plans and specifications . ATM will be responsible for preparing the agenda and chairing the meeting , and preparing and distributing the minutes to attendees following the meeting . TASK 2 : PERIODIC SITE INSPECTIONS The construction phase of this project will begin with the award of the contract . During the construction phase of the project, one ATM engineer will provide construction services during two site visits . 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. At each of the two (2 ) site visits , ATM will : • Supervise the required drop tests — occurring on the day of the field visit . Requirements for drop tests are included in the Indian River County Mitigation Reef Project Technical and Environmental Specifications . The ATM engineer shall also provide a cursory inspection of construction materials present while on C:\Documents and SettingsVonathang\Local Settings\Temporary Internet Files\OLK2E\Indian River County Mitigation Construction Scope of Work 2-04- 1 04. DOC 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 . TASK 3 : PRODUCTION OF AS -BUILT DRAWINGS ATM will provide the COUNTY with As-Built drawings based on the post-construction survey (to be provided by the CONTRACTOR) . The As-Built set shall consist of updated construction drawings showing the post-construction survey of the mitigation reef area (survey to be provided by the contractor) . 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 . TASK 4 : SUBSTANTIAL COMPLETION AND FINAL INSPECTION When the CONTRACTOR considers the work done , the CONTRACTOR is expected to notify the COUNTY and ATM in writing that the work is considered by the CONTRACTOR to be substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that the ENGINEER issue a certificate of Substantial Completion . Within a reasonable time thereafter, the COUNTY and ATM will make an inspection of the work to determine the status of completion . A punch -list shall be developed and coordinated with the COUNTY' S Coastal Resource Manager, Coastal Engineer and/or other Public Works representative as designated by the COUNTY identifying any work items requiring completion and all equipment and materials for clean-up . If ATM does not consider the work substantially complete , ATM will draft a written notice to for the COUNTY to submit to the CONTRACTOR giving the reasons therefore . If ATM considers the work substantially complete , ATM will prepare and deliver a tentative Certificate of Substantial Completion to the COUNTY which shall fix the date of Substantial Completion . There shall be , attached to the certificate , a tentative list of items to be completed or corrected before final payment. Upon written notice from CONTRACTOR that the reef construction and punch list items are complete , the COUNTY will make a final inspection of the project site and staging area with the CONTRACTOR to determine if all work is complete . ATM will review all information provided by the COUNTY and notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies . Following reef construction , the CONTRACTOR will perform bathymetric surveys as outlined in the Technical and Environmental Specifications in the Contract Documents and provide data in appropriate format to the COUNTY and ATM . ATM shall review data and any other pertinent contractor-supplied documents. Upon determination of satisfactory completion , ATM shall recommend that the COUNTY provide final payment to the CONTRACTOR . Additionally , ATM will provide written notice to the COUNTY and CONTRACTOR that the work is acceptable . CADocunents and Settingsyonathang\Local Settings\Temporary Internet Files\01LK2BIndian River County Mitigation Construction Scope of Work 2-04- 2 04. DOC For all TASK 5 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 . TASK 59 PRE TURTLE NESTING SEASON YEAR 2004 , 20059_ AND 2006 COMPACTION AND ESCARPMENT MONITORING Compaction Monitoring : This monitoring will be performed by Ecological Associates , Inc. ( EAI) in compliance with Special Condition 13f of the Florida Department of Environmental Protection (FDEP) Consolidated Joint Coastal Permit (0166929-001 -JC) for the referenced project . Monitoring will be performed prior to February 15 of each year for three years beginning in 2004 (2004-2006) while placed sand still remains on the beach . Compaction will be measured using a standard FDOT-approved cone penetrometer. Transects will be established at approximately 500400t intervals throughout the project area . The transects will be located at each DEP monument and at the approximate midway point between adjacent monuments . This will yield a total of 26 transects beginning at R-4 and ending at R- 16 . 5 . Along each transect stations will be established at the seaward edge of the restored dune and midway between the toe of the dune and the high water line . At each station three replicate readings will be taken at each of three depths (6 , 12 and 18 inches) in accordance with FDEP guidelines . The there replicate values for each depth will be combined to produce an average value for each depth at each station . EAI will prepare a tabulated report showing all 18 raw values for each transect , as well as the 6 average values . The report will be delivered to ATM no later than February 15 of each year that compaction monitoring is performed . Average values for any specific depth that exceed 500 psi at two or more adjacent stations will be highlighted . FDEP requires that those areas be tilled prior to March 1 . Escarpment Monitoring : This monitoring will be performed by EAI in compliance with Special Condition 13g of the Florida Department of Environmental Protection ( FDEP) Consolidated Joint Coastal Permit (0166929-001 -JC) for the referenced project . Monitoring will be performed prior to February 15 of each year for three years beginning in 2004 (2004-2006) if placed sand still remains on the beach . EAI will notify ATM of the presence of escarpments that may potentially interfere with sea turtle nesting . FDEP requires that those areas be leveled or the beach profile reconfigured to minimize scarp formation prior to March 1 . It will be the responsibility of ATM to perform or contract the scarp leveling work and ensure that it is conducted in accordance with accepted industry standards . CADocuments and Settings) onethang\Local Settings\Temporary Internet Fi1es\0LK2E\Indlan River County Mitigation Construction Scope of Work 2-04- 3 04. DOC TASK 6 : PRE TURTLE NESTING SEASON YEAR 2004 , 2005, AND 2006 BEACH TILLING AND LEVELING Tilling : Based on the results of the EAI compaction monitoring , if the average value for any depth exceeds 500 psi for any two or more adjacent stations , then the area shall be tilled prior to March 1 . ATM will contract the tilling work and ensure that it is conducted in accordance with accepted industry standards . Escarpment Leveling : Based on the results of the EAI escarpment monitoring , scarps measuring 18 inches or higher shall be leveled prior to March 1 of each year to comply with Special Condition 13g . ATM will contract the leveling work and ensure that it is conducted in accordance with accepted industry standards . TASK 7 : POST-CONSTRUCTION TURTLE NEST MONITORING ( 2004 AND 2005 TURTLE NESTING SEASONS ) Sea turtle permit-compliance monitoring following construction of Indian River County's Beach Nourishment Project for Sectors 1 and 2 at Ambersand Beach is required by DEP Permit Number 0166929-001 -JC Special Condition 130) , and additionally by the Biological Monitoring Plan . Ecological Associates, Inc. (EAI ) shall perform the efforts described in this task under subcontract with ATM . The post-construction sea turtle protection program shall be implemented as noted herein : 1 ) Project Boundaries. Approximately 2 . 5 miles of beach extending from DEP monument R-3 . 5 to R- 17 . 2) Nesting Season Sea Turtle and Escarpment Monitoring. Monitoring will be performed during the 2004 and 2005 sea turtle nesting seasons (March 1 through October 31 ) , as described below . a . Daily Morning Surveys : This monitoring will be performed in compliance with Special Condition 13j of the Florida Department of Environmental Protection ( FDEP) Consolidated Joint Coastal Permit (0166929-001 -JC) for the referenced project . Daily early morning (shortly after sunrise) sea turtle nesting surveys will commence on March 1 and continue uninterrupted through September 15 . Thereafter, monitoring will be conducted several days each week until the last marked nest has hatched . Surveys will be conducted using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested . Crawls will be denoted as being either above or below the previous high tide line . In conformance with the State' s Index Nesting Beach Survey ( INBS) protocol , only those crawls above the most recent high tide line will be included in data summaries and analyses . Nests and false crawls will be recorded by pre-established survey zones . These zones will be consistent with those established in the Biological Monitoring Plan for the project. Each false crawl will be categorized as to the stage at which the nesting attempt was abandoned in conformance with Florida Fish and Wildlife Conservation Commission ( FWC) requirements for CADocuments and Settingsyonathang\Local SettingslTernporary Internet FileMOLK2BIndian River County Mitigation Construction Scope of Work 2-04- 4 04. DOC beach restoration projects . Additionally , all obstacles (e . g . , scarps , seawalls , etc. ) encountered by turtles during their emergences onto the beach will be documented . The approximate location of each nest will be recorded using a hand -held GPS unit capable of determining positions to within 10- 16 feet (3-5 meters) of the actual geographic location . This data will be incorporated into EAI 's GIS database and nest distribution maps produced for inclusion in a year-end summary report . b . Nest Marking : This monitoring will be performed in compliance with Special Condition 13j of the Florida Department of Environmental Protection ( FDEP) Consolidated Joint Coastal Permit (0166929-001 -JC) for the referenced project. At least 75 loggerhead nests will be marked for the purpose of determining nest fate and reproductive success . The clutch of each marked nest will be located and surrounded by a series of small stakes connected by brightly colored surveyor' s tape . Marked nests will be monitored throughout their incubation period to determine nest fate (e . g . , hatched , washed out, depredated , vandalized , etc. ) . After an appropriate incubation period , and in accordance with FWC guidelines , nests will be excavated to determine reproductive success . Nest contents will be assigned to standard categories (e . g . , unhatched eggs , dead hatchlings, etc. ) developed by FWC . Two measures of reproductive success will then be calculated : hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest) . c . Scarp Monitoring : This monitoring will be performed in compliance with Special Condition 13g of the Florida Department of Environmental Protection ( FDEP) Consolidated Joint Coastal Permit (0166929-001 -JC) for the referenced project. Once each week between March 1 and September 15 , the beach will be monitored for the presence of escarpments . In accordance with FWC protocol , escarpments will be functionally defined as an abrupt change in beach slope (greater than 450) that is at least 18 inches in height and persists for a distance of 100 feet or more . Each escarpment observed during the survey will be assigned to one of three categories (0 to 2 feet , 2 to 4 feet , and 4 feet or higher) . Additionally , the location of both the northern and southern terminus of each scarp will be noted relative to the nearest DEP reference monument . This information will be used to calculate the percentage of the total project area affected by scarps . d . Data management. All data collected during the project will be incorporated into an Access database maintained by EAI . Appropriate QA measures will be implemented to ensure that data are completely and accurately transferred from field data sheet to the electronic database . EAI will verbally report immediately to ATM if any scarp formations are observed , so appropriate remedial action can be implemented . In accordance with Specific Condition 13 .g . 1 of the FDEP permit , escarpments documented prior to April 15 each year of monitoring shall be leveled . After April 15 , FWC shall be contacted immediately to determine the appropriate action to be taken . It will be the responsibility of ATM to notify FWC of reported escarpments and C1Documents and SettingsyonathanglLocal Settings\Temporary Internet FilesIOLK2EUndian River County Mitigation Construction Scope of Work 2-04- 5 04.DOC perform or contract any scarp leveling work that may be required to conform with FDEP permit conditions . e . Reporting : Records of daily sea turtle monitoring activities , including names of monitoring personnel and times of monitoring will be maintained for the duration of monitoring . Each month , EAI will submit a summary report that will include the following information : a . A log of monitoring activities; b . Number of nests and false crawls by species and survey zone ; c . Number of nests marked for reproductive success; d . Fate of marked nests ; and e . Results of scarp monitoring . Within 60 days of completion of all monitoring activities, or as otherwise agreed upon , EAI will submit a final report of findings along with a brief interpretive report assessing project effects on nesting and reproductive success. A map depicting nest locations relative to DEP monuments will be appended to the report . The fate and reproductive success of all marked nests will be tabulated , and an estimate of total hatchling production for the built project will be calculated . To the extent possible, EAI will compare nesting and reproductive success data for the nourished beach with data collected by other permit holders on adjacent beaches . The year-end report will be provided to ATM in both hard copy and electronic format ( PDF) and will be accompanied by an electronic spreadsheet containing all raw data for transmittal to FWC . All activities described above will be performed under FWC Marine Turtle Permit TP-010 in accordance with current or future superseding conditions and guidelines issued by the permitting agency . The monitoring program described herein will comply with all conditions related to sea turtle compliance monitoring contained in the regulatory permit (s) issued for the beach nourishment project. C1Documents and Settingsyonathang\Local Settings\Temporary Internet Files%OLK2E\Indian River County Mitigation Construction Scope of Work 2-04- 6 04. DOC ATM Other Subcontractor - Subcontractor • Direct Costs Ecological Sunshine Land Total ATM Total (ODC's) Total Task Task TASK DESCRIPTION AND BREAKDOWN Associates, Inc. Design Subcontractor Labor & Equipment Budget 1 Inspection Review with County and Pre-Construction Conference $ 5,505.00 $ 300.00 $ 5,805.00 2 Periodic Site Inspections $ 5,590.00 $ 500.00 $ 6,090.00 3 Production of As-Built Drawings $ 14,040.00 $ 300.00 $ 14,340.00 4 Substantial Com lotion and Final Inspection $ 4,870.00 $ 100.00 $ 4,970.00 6 Pre-Turtle Nesting Season 2004-2006 Compaction and Escarpment Monitoring $ 7, 155.00 $ 7, 155.00 $ 2.780.00 $ 100.00 $ 10,015.00 6 Pro-Turtle Nesting Season 2004 Beach rifling and Escarpment Leveling $ 21 ,420.00 $ 21 ,420.00 $ 2.760.00 $ 80.00 $ 24,260.00 7 Post-Construction Turtle Nesting Monitoring for 2004 and 2006 Nesting Seasons $ 114,720.00 $ 114,720.00 $ 4,000.00 $ 300.00 $ 119,020.00 Project Totals - Subs, ATM Labor, ATM ODC's, and Overall $ 121 ,875.00 $ 21 ,420.00 $ 143,295 .00 $ 399525.00 $ 19680.00 $ 184, 500 , 00