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Home My WebLink About2008-158 s - aoa8 87 INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER NO. 13 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, 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. 13 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 December 2008 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. s +- IN WITNESS WHEREOF the parties hereto have executed these present h s k ' Oth _ day of April 2008 . APPLIED TECHNOLOGY INDIAN RIVER COUNTY, rLORIDA AND MANAGEMENT, INC . BOARD OF COUNTY QMMISSiONERS 400 S . AUSTRALIAN AVE . WEST PALM BEACH, FL 33401 BY: 1 B 1 " Michael Jenkins, Ph.D . Sandra L Bowden, Coastal Team Leader Chairman JEFFREY K. BAR ON, CLERK . Attest: APPROVED BY . seph Baird, County Admini trator Approved as to form and legal s f 'enc * � an E . Fell Senor Assistant County Attorney 3 EXHIBIT "A" SCOPE OF SERVICES 4 Attachment A — Scope of Services April 2008 Work Order 13 Indian River County Beach Sectors 1 & 2 (Ambersand ) Mitigation Reef Monitoring (Year 3 ) INTRODUCTION The permit for Indian River County Sector 1 and 2 Beach Restoration ( Permit No . 0166929-001 - JC) required construction of a nearshore artificial reef as mitigation for impacts to the expected burial of 3.8 acres of nearshore hardbottom . Approximately 3 .6 acres of impact was expected to high-relief reef habitat dominated by sabellariid worm, and 0 .2 acres of low-relief, algae- dominated reef were predicted to be impacted by the beach restoration project . Two types of mitigation reef were constructed as mitigation for the two habitat types: high relief, high complexity ( HRHC) reef and low relief, low complexity ( LRLC) reef. The high relief, high complexity reef was designed to have a vertical relief of 3 to 6 feet, and boulders were partially stacked to achieve this vertical relief. The low relief, low complexity reef was designed to mimic a vertical relief of 1 to 2 feet using a single layer of boulders. To meet the permit-required mitigation , 5. 24 acres of artificial reef were constructed . Of the 5 .24 acres , 4 .96 acres is HRHC reef (36 120 ft. x 50 ft. units) and 0. 28 acres of LRLC reef (two 120 ft. x 50 ft. units) were constructed . In addition to the 5. 24 acres of permit-required mitigation reef, 1 . 65 acres of LRLC reef were constructed . A total of 6 .89 acres of reef will be monitored to evaluate its performance as replacement habitat for impacted benthic communities and fish populations. This Work Order will provide services to fulfill the permit-required monitoring condition of the issued permit (including permit modifications to date ) and the FDEP-approved Addendum to the Mitigation Plan dated July 11 , 2006 . Task 1 Year 3 Monitoring : Benthic and Fish Habitat Assessments Under this task, a sub-consultant, Coastal Eco-Group, Inc. (CEG ) , will perform a benthic assessment and fish counts. The benthic assessment will include six 20-meter digital video transects and in-situ quadrat analysis (3 quads per transect) . The point count method will be utilized for fish counts, and will include 10 counts on HRHC sections, 10 counts on LRLW sections , and 10 counts in adjacent control areas. The County will provide boat and support services for 3 days of field work and sea turtle observations per survey protocol . Task 2 Mitigation Reef Extent CEG and ATM will perform a survey for the verification of artificial reef acreage and vertical relief. The survey will be conducted using GPS positioning and in-water measurements of vertical relief of the reefs perimeter. The corner points of the reef will be mapped and shore-parallel digital video transects will be conducted . ATM will provide FDEP data regarding the condition of the reef, the extent of the reef planform area , and vertical relief and pertinent issues regarding the project permit. Task 3 Data Analysis Data collected as part of Task 1 will be analyzed . CEG will perform an analysis of the benthic and fish count data , compare the data to Year-1 data , as well as other available data , and summarize the data . The benthic data analyses will include frame-grabbing and point counts of six 20-meter transects. Comparisons of the collected benthic and fish count data will be made between natural hardbottom and artificial reefs and high relief versus low relief areas of the mitigation reef. The benthic and fish count data will be summarized for reporting . Task 4 Report Preparation and Regulatory Agency Coordination/Consultation Under this task CEG and ATM will coordinate with and update regulatory agencies, including FDEP, NMFS, etc. in regards to data collection efforts and analyses conducted under this Scope of Work. CEG and ATM will provide the County with up to ten hard copies and five electronic copies of the report as well as report appendices (data ) and copies of video transects . ATM will perform quality control and quality assurance measures to ensure the CEG's reporting meets the permit requirements. EXHIBIT ` B ' COSTPROPOSAL 5 Anachmenl B Work Order 13 - Attachment B Sectors 1 & 2 Year 3 Mitigation Reef Monitoring ATM Total Labor Task Description and Breakdown Total Subcontractor and Other Direct Total Task Costs Budget Task 1 Benthic and Fish Habitat Assesment $6 , 815 $ 1 , 944 $8, 759 Task 2 Mitigaiton Reef Extent $ 1 , 045 $1 ,995 $3 , 040 Task 3 Data Analysis $ 10,450 $930 1 $ 11 , 380 Task 4 Report Prep and Angency Coord $ 11 , 5501 $ 1 , 995 $ 13, 545 Total as r er Costs $29,860 1 $69864 1 $ 36,724 EXHIBIT ` C ' PROJECT SCHEDULE 6 Attachment C - Schedule April 2008 Work Order 13 Indian River County Beach Sectors 1 & 2 (Ambersand ) Mitigation Reef Monitoring (Year 3 ) Task Date of Completion/Deliverable 1 Year 3 Monitoring : Benthic and August 2008 Fish Habitat Assessments 2 Mitigation Reef Extent September 2008 3 Data Analysis October 2008 4 Report Preparation and December 2008 Regulatory Agency Coordination/Consultation