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HomeMy WebLinkAbout2003-015 i INDIAN RIVER COUNTY BEACH PRESERVATION PLAN ENGINEERING DESIGN & PERMITTING AMENDMENT NO. 5 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. 5 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. FAPublic WorksVolmMBeach Renourishment\ATM amendment 5.doc 1 l In witness whereof the parties have executed this Amendment this 21 st day of January 2003. Applied Technology&Management, Inc. Indian River County, Florida 2770 NW 43`d Street, Suite B Board of County Commissioners Gainesville, F1326 6-7419 J* By B � ichael Barnett, enneth�RMM�achht , Chairm amn Vice President � - � Witness: rl Attest. c�cam. Jeffery K. Barton, Clerk of Court WITNESS: (Corporate seal i accepts le in place of witnesses) Indian River County Approved Date Administration Budget Legal a Risk Management Public Works f Coastal Eng. APPROVED: $ounty dministrator ttorney n—~ F:\Public WorksVohnG\Beach Renourishment\ATM amendment 5.doc 2 C � EXHIBIT "A" SCOPE OF SERVICES AND PROJECT COSTS. FAPublic WorksUohnG\Beach RcnourishmentlATM amendment 5.doc 3 SCOPE OF WORK Indian River County Beach Preservation Plan Construction Phase Services Shoreline Sectors 1 & 2 (Ambersand) CONTRACT AMENDMENT NUMBER 5 Introduction Applied Technology & Management, Inc. (ATM) proposes the herein described Scope of Work to assist Indian River County (COUNTY) with professional coastal engineering services for the COUNTY Sectors 1 & 2 Beach Nourishment Project (Ambersand Project). The Ambersand Project is located along the Atlantic Ocean shoreline south of Sebastian Inlet, at Sebastian Inlet State Park and unincorporated Ambersand Beach, and extends between Florida Department of Environmental Protection (FDEP) reference monuments R-3.5 and R-17. The Professional Services Agreement between the COUNTY and ATM (dated 27 April 1999) established the Pre-Engineering Design services for the entire (Countywide) beach preservation plan. Amendment Number 1 of Contract, dated 22 February 2000, established design and permitting aspects associated with the Sectors 1, 2 and 3 projects. Amendment Number 2 of the Contract, dated 13 February 2001, established preparation of an Environmental Assessment Document and specific permit processing for Sectors 1 & 2, and development of design alternatives analysis for Sector 7. Amendment Number 3, dated 8 January 2002, included provisions for design modifications, permitting and NEPA document preparation for the Sector 7 project. Amendment Number 4, dated 17 September 2002, specifically addressed changes in the duration and compensation aspects of the Professional Services Agreement. The herein described scope shall serve as Contract Amendment Number 5. The borrow area for the Ambersand Project is located on the Indian River Shoal between 7,000 and 10,000 ft. offshore of the southern part of Indian River County, just north and directly offshore from Round Island Park (R-118), in Indian River County, the Atlantic Ocean, Class III Waters. The proposed Ambersand beach restoration project involves transporting sand from an offshore borrow site by hopper dredge and placing the material along 2.5 miles of beach. The beach fill template consists of a design berm, which is intended to remain intact between nourishment events, and advance beach nourishment placed seaward of the design berm, which will erode away between nourishment events. The total construction volume is approximately 508,000 cubic yards over the 13,296 feet of beach, with the final quantities to be based upon a Pre-Construction Survey to be performed by Great Lakes Dredge and Dock Company (GLDD), herein referred as CONTRACTOR. CAWINDOWSITEWATM IRC Construction Phase Services-Ambersand Project Jan 142003 rev 11403 Wpm.doc Scope of Services Task 9.1 —Periodic Site Inspections The construction phase of the project will begin with the award of the Contract. During the construction phase of the Project, ATM will provide limited (periodic) inspection and meeting representation services. It is explicitly understood that COUNTY staff will furnish daily supervision and inspection of the project, and COUNTY staff will interact directly with the CONTRACTOR as the Owner of the Ambersand Project. ATM will be responsible for the following limited-scope services during the construction phase of the project (estimated to begin on or about 5 February and to end on or about 30 April 2003, for a total duration not to exceed twelve [12]weeks). ATM's shall provide a qualified coastal engineer or professional surveyor to: • review the progress schedule and schedule of shop drawings; • submit all reports (e.g., turbidity monitoring) to the Bureau of Beaches and Wetland Resources and to the Central District Office of the FDEP as required by Joint Coastal Permit Number 0166929-001-JC and the Mixing Zone Variance. Turbidity measurements are to be performed by the CONTRACTOR to ensure conformance to water quality standards. These measurements shall be performed every six hours during dredging at the borrow sire and at the beach disposal area. Measurements shall be taken and reported as specified in the FDEP permit number 0166929- 001-JC. The COUNTY site representative shall ensure the CONTRACTOR is performing this work properly. • provide clarifications and interpretations of the Contract Documents when needed (when on-site); • consider modifications in drawings and specifications and report and transmit the decision on such requests to the COUNTY and the CONTRACTOR; • coordinate with COUNTY staff to ensure that adequate records and correspondence are maintained at the job site including all reports of job conferences, and reproductions of original Contract Documents, Field Orders, Change Orders, Addenda and records of clarifications and interpretations of the Contract Documents; • document ATM Engineer observations (coinciding with weekly progress meetings) relating to weather conditions, change order requests, daily activities,job site visitors, decisions and observations in general; and, • draft proposed change orders and work directives with required back-up materials and drawings and prepare recommendations to the COUNTY as required. CAWP/DOWSITEMPW7M IRC Construction Phase Services-Ambersand Project Jan 142003 rev 11403 545p».doc It is assumed that construction will require twelve weeks of continuous work. ATM Engineers will, on a weekly basis and coinciding with the date of the progress meeting, document construction and work and access areas with site photography; said photography shall be recorded in digital format and shall be made available to COUNTY within two business days of acquisition, for COUNTY records. Further for the purposes of scope, budget and ATM responsibility, this Amendment allows one ATM Senior Coastal Engineer to conduct site observations/inspections for not more than six 'on-call' days for the duration of the construction. ATM will send two engineers on-site for up to six of the twelve weekly meetings for added quality assurance. This additional staff involvement is envisioned to be necessary during the first three and the last three weeks of construction to ensure full compliance with the contract documents and to deal with additional CONTRACTOR issues that typically arise during these milestones. The ATM Engineer(s), when present on-site, shall not undertake any responsibilities of the CONTRACTOR or Subcontractors or their representatives nor shall he/she assume control over any aspect of the means, methods, techniques, sequences or procedures on construction unless such directions are specifically required in the Contract Documents nor shall he/she advise or assume control over any safety precautions and programs in connection with the work. Task 9.2—Pre-Construction Conference ATM will prepare for and participate with the COUNTY and CONTRACTOR in two (2) Pre- Construction Conferences (prior to CONTRACTOR mobilization to the Ambersand Project site) in order to address questions regarding the interpretation of the project plans and specifications. The first such meeting will be strictly between the COUNTY, CONTRACTOR, and ATM. The second meeting will include these parties as well as representatives of state regulatory agencies and the marine turtle permit holder responsible for early season daily monitoring during construction. ATM will be responsible for preparing the agenda and chairing the meetings, and preparing and distributing minutes to attendees following the meeting. Task 9.3—Weekly Construction Progress Meetinas ATM shall attend and conduct weekly progress meetings with the COUNTY and CONTRACTOR during construction (it is assumed that construction will require 12 weeks of continuous work). ATM will be responsible for preparing the agenda and chairing the meetings, and preparing and distributing minutes to attendees following the meeting. CAWINDOWSWEMPMM IRC Construction Phase Services-Ambersend Project Jan 14 2003 rev 11403 545pm.doo Task 9.4— Beach Profile Modified Construction Template and Progress Surveys Upon adequate advance written notification by the Contractor that dredging is to commence, ATM shall review Contractor-conducted pre-construction surveys of the beach to serve as the basis for computation of payment by comparison of the quantity of beachfill contained within an approved template between the pre-construction and acceptance profiles. ATM shall modify the contract drawings as appropriate to reflect template overlays of the 'true' pre-construction beach profiles as acquired by the contractor. Quality control checks may be required and an independent survey conducted (at additional expense to COUNTY) if ATM determines that the CONTRACTOR survey data accuracy is suspect. The average end-area method will be used by ATM to compute beachfill quantities placed by the contractor and shall be the basis for payment at the contractual unit prices. Survey data reduction will be accomplished by ATM by acquiring data from the CONTRACTOR's licensed surveyor, performing quality control checks on the data, and preparing the data files for payment sections. The cost of services rendered by ATM for this task are based on the pre-construction survey data acquisition and processing necessary to produce the construction contract document modifications, and the data entry and computational aspects associated with the acceptance sections which will be evaluated by ATM, and which shall serve as the basis for CONTRACTOR payment. It is further assumed (for the purposes of labor hour reduction at the request of the Public Works Director)that the survey data received from the CONTRACTOR's surveyor will be reasonably seamless for integration into ATM computational software and graphics plotting programs. ATM will review for accuracy of computation and completeness CONTRACTOR's periodic payment requests and recommend payment to the COUNTY upon satisfactory completion of work of acceptance segments. Task 9.5—Substantial Completion Following notification by the CONTRACTOR that construction activities are complete, ATM will notify the COUNTY and conduct a final inspection of the work to determine equipment remaining, work items requiring completion, and all materials for clean-up. 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. Prior to approval of final payment to the CONTRACTOR a final inspection of the restored beach and dune areas will be conducted to determine if all work is complete and, upon determination of satisfactory completion, recommend final payment to the COUNTY and prepare a certificate of substantial completion. CAWINDOWS\TEMPIATM IRC Constnrchon Phase Services-Ambersand Project Jan 14 2003 rev 11403 545pm.doc Task 9.6—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 (profile surveys of the acceptance sections for pay will not be accepted as post-construction surveys). The As-Built set shall consist of updated construction drawings showing the post-construction survey of the beach renourishment area and the post-dredge survey of the borrow area (both surveys to be provided by the CONTRACTOR). The As-Built drawings will be furnished as two hard copies (24" x 36") to the COUNTY and one hard copy to the FDEP Bureau of Beaches and Wetland Resources. Task 9.7—Turtle Monitoring As specified by the FDEP Permit (No. 0166929-001-JC), specific measures regarding the protection of sea turtles during construction are required. These activities shall be conducted by persons with prior experience and training in such activities and who are duly authorized to conduct such activities through a valid permit issued by the Fish and Wildlife Conservation Commission. Daily monitoring and reporting shall occur from March 1, 2003 and continue through May 1, 2003. Task 9.7.1: Pre-Construction Coordination Meeting One pre-construction coordination meeting will occur between ATM and the sub- contractor at the project site in order to review the requirements of Turtle Monitoring. ATM will provide the agenda and shall preside over the coordination meeting. It is assumed that this effort will be coincident/concurrent with the formal Pre-Construction Conference between COUNTY, CONTRACTOR, ATM & state regulatory agency staff. Task 9.7.2: Daily Nesting Surveys A daily marine turtle nest survey of the nesting beach in the vicinity of the project shall be performed starting March 1st 2003 and continue until May 1st 2003 during construction. Observations of nests or activity shall be reported and nests within the project area shall be relocated and marked per Task 9.6.4. As specked by FDEP Permit (No. 0166929-001-JC), Specific Condition Number 13(b) the nests shall be deposited within areas where construction activities have ceased or will not occur for 65 days, shall be marked and left in place unless other factors threaten the success of the nest. Task 9.7.3: Nest Relocation and Marking In the event that marine turtle nests are identified within the construction area, such nests shall be relocated. These nests (20 loggerhead nests and one leatherback nest are assumed to require this action, for budgeting purposes) will be relocated prior to 9 a.m. in the morning. These nests will be marked as specified in the FDEP Permit (No. 0166929-001-JC). CAWINDOWSITEMPIATM IRC Construction Phase Services-Ambersand Project Jan 14 2003 rev 11403 545pm.doc Task 9.8— During and Post-Construction Aerial Photouraphv Aerial photography during construction will be coordinated by ATM to ensure vertical color aerial photographs are taken of the project shoreline one (1) time during construction. The aerial photography subcontractor to ATM shall conduct vertical aerial overflights with the appropriate number of views necessary to capture the shoreline and adjacent upland/water areas from the north shoreline/jetty of the Sebastian Inlet south approximately 18,300 ft, (i.e., 5,000 ft south of the south project fill limit). The photography shall be color vertical photos with a 30% forward overlap, taken from an elevation of 3,000 feet (1:6,000 negative scale) and centered on the local shoreline. A digital scan of the color photos at a rate of 21 microns with a pixel size of 0.4 feet shall be made and submitted in TIF format (uncompressed) on CD or DVD. One original set of prints and six (6) 20-inch x 20-inch prints will be furnished to COUNTY, one print set of six photos will be furnished to the DEP, and ATM will retain one (1) set of 20-inch x 20-inch prints for ATM's project files. On the during-construction aerial overflight mission, the aerial photographer will additionally capture five (5) oblique images of the dredge plant in operation, with the aircraft capturing the image from a location offshore of the dredge (such that the dredge appears in the foreground and the shoreline in the background). Five (5) oblique views of the shoreline will be captured during each of the two flight missions described herein. Color contact prints of the oblique images will be developed (one set to COUNTY, one set to ATM). On the basis of two (2) flights (one flight during construction in progress, with the dredge operational, and one immediately following completion of construction), a total of twenty-four(24) 20-inch x 20-inch enlargement (prints)will be produced. C:IWINDOWSUEMPWTM IRC Construction Phase Services-Ambersand Project Jan 14 2003 rev 11403 545pm.doc Indian River County Beach Restoration Project- + Sectors 12 (Construction Phase Services) Ecological Associates, Total ATM Other U.S. Imaging, Inc.(Sea turtle Subcontractor ATM Total Direct Costs Total Task Task TASK DESCRIPTION AND BREAKDOWN Inc. monitors USI and EAI Labor (ODC's) Budget Periodic Site Inspections(one day/week for 12 weeks and a total 9.1 not to exceed six 6 "on-call"days)and writeu - 24,240 Z979 27.219 9.2 Pre-Construction Conference two meetings in Vero Beach - 4,430. 128 4,558 Weekly Construction Progress Meetings(12 weeks total)& 9.3 distribute meeting minutes to County, Contractor and FDEP - 7.560 292 7,852 9.4 Beach Profile Modified Construction Template& Prowess Surveys - 2Z580 174 22,754 9.5 Substantial Completion Inspection - 2,820 105 2.925 9.6 Production of As-Built Drawings - 13,210 1.330 14,540 9.7 Sea Turtle Monitoring of Beachfill Area 3/01/03-4/30/03 - 1.820 9.7.1 Pre-Construction Coordination Meeting to coincide w/formal precon 710 710 - 9.7.2 1 Dailv Nesting SuDW March 1 through April 30 8.732 8,7321 -$ Nest Relocation&Marking assumes 20 loggerheadnests an 9.7.3 leatherback nest will require relocation during construction 1,980 1,980 - 9.8 Dudnq and Post-Construction Aerial Photography two overflights) 12,480 12,48 970 TOTAL FEES-CONSTRUCTION PHASE SERVICES $ 12,480_1 $ 11,422 1 $ 23 902 $ 77,630 $ 5,008 1 $ 106 540 IRC Ambersand ATM Construction Phase Services reduced participation Jan 142003 with additional consideration Justifying budget reduction.)ds1/15/03