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HomeMy WebLinkAbout2007-090 INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER NO, 6 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. 6 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 I1 - 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 `B" SECTION IV - TIME FOR COMPLETION After the COUNTY issues a written authorization to proceed, all work shall be completed on or before November I , 2006 unless project delays extend the time of completion. JAPRUFUSALSIINDIAN RIVER C OUN'I'YU'-IO34 WORK ORDERS 5 AND 6 W'l'M WORK ORDER 6.DOC 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. J:V'RDYDSALSUNDIAN RIVER CDUNJ'Y11'- 1034 WORK ORDERS AND 6Vl'1'M WORK ORDLR 6.WC SECTION VH - 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. IN WITNESS WHEREOF the parties hereto have executed these presents this 1 3th day of March _ 2007 . APPLIED TECHNOLOGY INDIAN RIVER COUNTY, FLORIDA AND MANAGEMENT, INC. BOARD OF COUNTY COMMISSIONERS 400 S. AUSTRALIAN AVE. WEST PALM BEACH, FL 33401 BY: BY: 40V4. Michael Jenkins, Ph.D. GarWheelet ~ .' Coastal Team Leader Chairman JEFFREY K BARTON, CLERK Attest: �t/Lll� 9�. APPROVED BY: 4 Jgseph A. Baird, County Administrator J Approved as to form and legal suffic ency: tri E. F sistant County Attorney JAPROPOSALSUND AN RIVER COUNTY\P- 1034 WORK ORDERS3 AND 6WTM WORK ORDER 6.DOC EXHIBIT "A" SCOPE OF SERVICES JAPROPOSALSUMIAN RIVER COUNTYT- 1034 WORK ORDERS AND 6\ATM WORK ORDER 6DOC Attachment A - Scope of Services February 2007 Work Order 6 Indian River County Beach Sectors 1 & 2 (Ambersand) Project Redesign, Construction Phase and Immediate Post- Construction Services INTRODUCTION Florida's Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers have issued project permits, and the County has awarded a construction contract to Great Lakes Dredge and Dock, Inc. (GLDD). A notice to proceed has been issued to GLDD , and construction (performed by Sebaqueous under contract with GLDD) is anticipated to commence in March 2007. This project willo be constructed in two stages because adverse visibility precluded the full collection of biological monitoring data. This winter, the Sebastian Inlet sand trap will be dredged and sand will be placed on the upland beach. It is anticipated that the biological monitoring will be completed in the summer of 2007, and GLDD will complete the full sand placement (a total of 258,000 c.y.) in the winter of 2007/2008. At DEP's request and to obtain the issuance of the project's State permit, the project had to be significantly revised. The work was completed as required to in response to DEP correspondence. The revised design required travel to Tallahassee to meet with DEP staff, ATM staff time , and continual coordination with DEP staff, and the development and reproduction of permit sketches and construction drawings . This Work Order and Scope of Services will also provide the County with the necessary support and coordination to start construction, necessary monitoring (as required by the project permits) , construction phase administration and post-construction services to fulfill permit requirements. At the County's request, sea turtle nesting surveys will be conducted by Ecological Associates, Inc. , and daily construction observations will be conducted by County staff experienced in beach nourishment projects. The following tasks detail the efforts required for the ad-hoc design revisions and efforts throughout the construction phase and immediate post-construction of the Sectors 1 & 2 project: Task 1 Design Revisions By the fall of 2006, DEP issued six requests for additional information (RAI) , and then requested significant revisions to the project design. ATM coordinated with County staff and regulatory agencies and provided revisions to the project. Under this task ATM will address further design changes as required by the regulatory agencies and construction issues. ATM delivered revised permit sketches and project plans that were approved for the issuance of the DEP permit, and will provide further plan revisions as necessary. Task 2 Site Inspections and Meetings ATM will perform site inspections and conduct weekly progress meetings. Based on discussions to date, it is anticipated that the contractor will commence sand placement on mid- to end of March. ATM will conduct weekly inspections and conduct on-site progress meetings March 14"' through May 18"'. Prior to March 14`", ATM will conduct weekly conference calls beginning February 28`". The budget for this task also includes an allowance contractor coordination and review of the contractor's requests for payment. This budget for this task is based on combined trips and meetings for both the Sectors 1 & 2 and Sector 7 portions of the project. ATM will prepare and provide the County with meeting notes for each weekly conference call and meeting . Task 3 Agency Coordination and Project Certification ATM will provide agency coordination as needed and will provide project certification upon completion of the project. Due to the nearshore hardbottom and turbidity monitoring issues, the regulatory agencies interest in this project will require significant coordination and interaction, and ongoing coordination and updates will be provided. This task will also allow for proactive coordination with the regulatory agencies should any project permit related or regulatory issues arise during construction or though the County's Substantial Completion. If needed , ATM will request an permit extension for the placement of the sand from May 1 �` to May 15`". The request will require continuous coordination with all agencies. Upon the contractor's completion of the project to the satisfaction of the ATM , ATM will provide the County and regulatory agencies project certification per permit requirements . ATM will provide the County updates via e-mail of any significant conversations or e-mail exchanges with the regulatory agencies, and will be billed on a time and materials basis. At ATM's discretion, Coastal Eco-Group may be consulted on a time and materials basis. ATM will also provide the County, DEP and USACE with project certification. Task 4 Sediment Sampling and Reporting Per permit requirements, sand samples need to be collected and analyzed. Sand samples (two repetitive) need to be collected at two cross-shore locations at each '/2 monument station (e.g. , R-5, R-5.5, R-6, etc.) upon the County's acceptance of the pay section. The samples will be collected by ATM staff as part of site visit (Task 2) . ATM will be in close coordination with County staff in the regarding the collection of the samples. Collected samples will be provided to and analyzed to ASTM standards by a qualified lab (SEA) . ATM will provide the necessary regulatory agencies and the County with the laboratory analysis of the sand samples. Task 5 Shorebird Monitoring ATM will provide monitoring of nesting and non-breeding (limited to FL breeding species) shorebirds per permit requirements. The monitoring effort will be conducted under the supervision of a FWC-approved shorebird monitor. ATM will responsible for the monitoring and data reporting, but will include County staff. In preparation for the monitoring County staff will mark the location of each DEP '% monument station (e.g . , R-5, R-5. 5, R-6, etc.) . Prior to April 1s` The FWC-approved ATM biologist-in-charge will train the monitoring staff (1 ATM staff and 1 County staff) . The shorebird monitoring will commence April 1 '. During the 1t week of monitoring the will provide up to 7 days of direct supervision of the shorebird monitoring personnel. After April 7th, the shorebird monitoring will be conducted by one of the personnel , and will be conducted under the direction of FWC-approved ATM biologist-in-charge. Daily shorebird monitoring will continue though May 15"' unless construction is completed prior to May 15"'. If nesting shorebirds are found in the project area , the shorebird monitoring personnel will establish the limits of the nesting area, travel corridors and post signs per FWC protocol and the DEP permit. The personnel will instruct the contractor limits of construction activity as a result of any nesting shorebirds. After the completion of sand placement, ATM will provide biweekly monitoring of the project shoreline for non-nesting shorebirds per protocol established in the Shorebird Monitoring Plan for this project and FWC protocol. The monitoring will continue for up to one year after the completion of the project. This is DEP permit requirement. The shorebird monitoring will be performed in the morning, and direction will be given to the dredge contractor as early as possible. ATM will provide weekly reporting to the regulatory agency as required by FWC protocol. Task 6 Sea Turtle Nest Monitoring Ecological Associates Inc. (EAI) will provide daily monitoring and the project area during construction. EAI services will include daily surveys, nest protection, escarpment surveys lighting surveys, and data management and reporting through September 30th, 2007. EAI will provide daily monitoring of the shoreline and relocate sea turtle nests as necessary. The monitoring will be performed in the morning, and direction will be given to the dredge contractor as early as possible. ATM will provide coordination as necessary and distribute EAI-reported data to the regulatory agencies. EXHIBIT `B ' COST PROPOSAL JAPROPOSALSUNDIAN RIVER COUNT]1P- 1034 WORK ORDERS5 AND 6UTM WORK ORDER 6DOC Altachmer B Work Order 6 - Attachment B Sectors 1 & 2 Construction Phase and Immediate Post-Construction ATM Other Task Description and Breakdown Total Subcontractor ATM Total Direct Costs Total Task Labor (ODC's) & Budget Equipment Task 1 Design Revisions $0 $ 18,BOD $ 1 ,355 $19, 955 Task 2 Site Ins actions and Coordination $0 $28,645 $2,551 $31 , 196 Task 3 Agency Coord and Project Certification $0 $21 ,980 $1 ,201 $23 181 Task4 Sediment Sampling and Reporting $ 10,472 $3,660 $183 $14, 315 Task 5 Shorebird Monitoring $19,0470 $43, 500 $91661 $721208 Task 8 Sea Turtle Nest Monitoring $70,384 $ 1 ,980 $99 $72,463 Total as OrderCosts $99,902 $1180365 $15,050 $233,317 EXHIBrr `C ' Project Schedule 7:\P2OPOSAL&RMIAN RIVER COUNTY\R1034 WORK ORDERS AND &ATM WORK ORDER 6.DOC Attachment C - Schedule February 2007 Work Order 6 Indian River County Beach Sectors 1 & 2 (Ambersand) Project Redesign, Construction Phase and Immediate Post- Construction Services Task Date of Com Ietion0eliverable 1 Design Revisions May 2007 2 Site Inspections and Meeting May 2007 3 Agency Coord and Project Cert. June 2007 4 Sediment Sampling June 2007 6 Shorebird Mon. May. 2008 6 Sea Turtle Nest Monitoring Sept. 2007