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HomeMy WebLinkAbout2009-032 2 - 3 - o� INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER NO. 14 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. 14 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 2010 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 to- 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 218. 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. r IRA IN WITNESS WHEREOF the parties hereto have executed these presents this 3rd day of February , 2009. APPLIED TECHNOLOGY INDIAN RIVER COUNTY, FLORIDA AND MANAGEMENT, INC . BOARD OF COUNTY CC�1 A&SSIONERS: 400 S . AUSTRALIAN AVE. � " f WEST PALM BEACH, FL 33401 BY : LBY - Michael Jenkins, Ph. D . Wesley S . Davis, Coastal Team Leader Chairman JEFFREY K. BAR N, CLE Attest:b� : C APPROVED B seph A Baird, County Administrator Approved as to form and legal s }ency : :arian E. Fell Senior Assistant County Attorney 3 [E EXHIBIT " A " ttachment A — Scope of Services January 2009 Work Order 14 Indian River County Beach Sectors 1 & 2 Post-Project Monitoring ( 2009) 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 29 , 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 2009 post-project monitoring effort will be the 1 -Year Post- Construction Biological Survey. The physical portion of the 2009 post-project monitoring effort will be the 2- Year Post-Construction Physical Surrey. This scope of work includes tasks to perform and fulfill the permit-required post-project monitoring and reporting for 2009 . Task 1 Biological Monitoring and Reporting (1 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-8 , R-9 .51 R- 10 . 51 R- 12 , R- 14 .21 R- 16 . 99 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 Nearshore Turtle Abundance Monitoring Surveys of sea turtle abundance will be conducted by In-Water Research Group (IRG) along a series of 3-kilometer alongshore transects previously established by Indian River County. There are 3 transects , 300 , 600 and 1 , 200 feet offshore , in the project site transects extend from R- 10 to R-20 , and the three alongshore transects in the control site extend from R-62 to R-72 . Study sites and survey methodology will be in accordance with the issued project permits . Data will be tabulated and transmitted to ATM and Indian River County (IRC) at the conclusion of each survey effort — Spring 2009 (April-June) and Fall 2009 (August-September) . IRG will provide ATM with an annual summary report including a statistical analysis of sea turtle abundances between seasons, sites , and distances offshore. For seasonal comparisons and analyses , project site and control site will be pooled . Analyses of these data will include the dataset collected itn the 2007 during project construction . Task 3 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 4 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 (also referred to as 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 , trackline 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 ( 11x17 format) showing the survey data and bathymetric contours. Task 5 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 6 Physical Monitoring Report (2-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 2-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 7 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 1 -Year 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 . Sunshine Land Design will perform beach tilling and escarpment leveling . Based on the sand compaction measurements and escarpment formation observations provided by EAI , Sunshine Land Design will till the beach to a depth of 36 inches (Prior to March 1 ) and level any escarpment as necessary (prior to April 15w) . This task is limited to a single effort . Task 8 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 monitoring of the project for a minimum of one additional year for physical monitoring and three additional years for biological monitoring . It is assumed that the monitoring requirements will not change . " } 1 Attachment B E X l ' Work Order 14 - Attachment B Sectors 1 & 2 Post-Construction Monitoring (2009) ATM Total Labor Total Task Task Description and Breakdown Total Subcontractor and Other Direct Budget + Costs Task 1 Biolo $ cal Monitoring $ 187 , 678 $8, 537 $ 196, 214 Task 3 Nearshore Turtle Abundance $7 , 150 $ 1 , 748 $8 , 898 Task 3 Aerial Photo rah $9 , 845 $ 1 , 223 $ 11 , 068 Task 4 $2 Borrow Area Hydro Survey $0 $ , 790 $23 , 790 Task 5 Beach Profile Survey $ 14 , 520 $2 , 730 $ 17 , 250 Task 6 IPhysical Monitoring Report $0 $ 34, 545 $34, 545 Task 7 Sea Turtle Nest Monitoring $82, 7$0 $5 , 775 $5, 775 $2, 336 $85 , 045 Task 8 A enc Coord . And Project Admin . $0 Total Task er $301 ,902 $809684 $382,586 Future Tasks Post-Construction 2010 Monitoring (Year 3 Physical , Year 2 Biological ) $401 , 715 . 18 Post-Construction 2011 Monitoring (Year 3 Biological ) $421 , 800 . 94 Post-Construction 2011 Monitoring (Year4 Biological ) $227 , 142 . 35 EXHY y T Attachment C - Schedule January 2009 Work Order 14 Indian River County Beach Sectors 1 & 2 Post-Project Monitoring (2009) Date of Task Completion/Deliverable 1 Biological Monitoring and Reporting November 2009 2 Nearshore Turtle Abundance Monitorin December 2009 3 Aerial Photo rah August 2009 4 Borrow Area Hydrographic Surve August 2009 5 Beach Profile Survey September 2009 6 Physical Monitoring Report December 2009 7 Sea Turtle Nest Monitorin January 2010 8 Agency Coordination and Project January 2010 Administration