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Home My WebLink About2009-047 � O �? INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER NO. 15 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 , 20081 by and between INDIAN RIVER COUNTY , apolitical 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 . 15 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 . IN WITNESS WHEREOF the parties hereto have executed these presents this 17th day of February 2009 . APPLIED TECHNOLOGY INDIAN RIVER COUNTY, FLORIDA AND MANAGEMENT, INC . BOARD OF COUNTY COMMISSIONERS 400 S . AUSTRALIAN AVE . WEST PALM BEACH, FL 33401 BY : I BY : `C Michael Jenkins, Ph . D , Wesley S . Davis, Coastal Team Leader Chairman JEFFREY K. BARTON , CLERK Attest : %\ APPROVEDnL \ ti. BY : � .. J64 Pph A. g`%Lird, County Administrator t , Approved as to form and legal sufficiency : Manan E . Fell Senior Assistant County Attorney 3 EXHIBIT "A" SCOPE OF SERVICES 4 Exhibit A — Scope of Services February 2009 Work Order 15 Indian River County Beach Sector 7 Year 2 Post- Project Monitoring ( Summer 2009 ) INTRODUCTION The Sector 7 project was completed in May 2007 , and requires post- project monitoring per FDEP and USACE issued permits . The project placed approximately 360 , 000 c . y, of sand from the offshore borrow site , and included a vegetated dune feature . The project permits require physical and biological monitoring for post- project and a minimum of four years following construction , which is annually until 2011 . This scope of work includes tasks to perform the monitoring and reporting for the 2-Year Post- Construction event . Task 1 Biological Monitoring and Reporting The FDEP permit requires biological monitoring following the construction . Coastal Eco- Group , Inc. (CEG) will perform the biological monitoring , Continental Shelf Associates International (CSA) 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 (August 18 , 2006) . Work will include surveying the twelve transects established under previous surveys (R- 99 , R- 99 . 6 , R- 100 . 4 , R- 101 . 7 , R- 102 . 9 , R- 103 . 5 , R- 104 . 1 , R- 105 . 89 R- 107 . 3 , R- 109 . 27 R- 113 and R- 115) . 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 . 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 CEG 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 extend from R- 103 to R- 116 , 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 the Spring 2009 (April-June) survey effort . 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 . The Spring 2009 event and final reporting will fulfill the required monitoring . Task 3 Aerial Photography This task allows for the collection , rectification and geo- referencing of orthogonal aerial photography from R-94 through R- 112 per the DEP- approved Physical Monitoring Plan (September 1 , 2006) . To provide the County with reduced costs , aerial photographs collected under this work order are considered as an add-on to the DEP- required aerial photography for physical monitoring Sectors 1 & 2 (Work Order 11 ) ; thus , reconnaissance flights are not included in this scope . When the aerial photographs for Sectors 1 & 2 are collected , Sector 7 photographs will be subsequently acquired during the same flight . 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 Beach Tilling and Escarpment Leveling Sunshine Land Design will perform beach tilling and escarpment leveling . Based on the sand compaction measurements and escarpment formation observations provided by County staff (by February 15t) , Sunshine Land Design will till the beach to a depth of 36 inches (Prior to March 1 �t) and level any escarpment as necessary (prior to April 15t) . This task is limited to a single effort . Task 5 Beach Profile Survey Morgan & Eklund will perform the beach profile survey data collection and data reduction . Beach profiles will include R- 94 through R- 112 including half stations from R-99 to R- 101 and from R- 106 to R- 108 and quarterly stations between R- 101 and R- 106 . All data collected will be accordance with the DEP-approved Physical Monitoring Plan . ATM will review the provide necessary project coordination with the Morgan & Eklund , 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 ATM will analyze the 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 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. Future Tasks The issued FDEP and USACE permits require physical and biological monitoring of the project for a minimum of two additional years . It is assumed that the monitoring requirements will not change , and estimated fees are based on the relevant tasks of this Scope of Work with a 5% increase to account for estimated increases for labor and equipment rates . EXHIBIT ` B ' COST PROPOSAL 5 Attachment B Work Order 15 - Exhibit B Sector 7 Year 2 Post-Construction Monitoring (2009 ) ATM Total Labor Total Task Task Description and Breakdown Total Subcontractor and Other Direct Budget Costs Task 1 Biolo ical Monitoring $ 106 , 611 $ 111125 $ 117 , 736 Task 2 Nearshore Turtle Abundance $ 3 , 300 $21074 $5 , 374 Task 3 Aerial Photography $3 , 850 $2 , 447 $6 , 297 Task 4 Beach Tilling and Escarpment Leveling $ 9 , 878 $3 , 176 $ 13 , 054 Task 5 Beach Profile Survey $25 , 080 $ 5 , 061 $ 30 , 141 Task 6 Ph sical Monitoring Report $0 $ 39 , 585 $ 39 , 585 Task 7 A ency Coord . And Project Admin . $0 $7 , 413 $7 , 413 Total as r er Costs $148 ,719 $70 ,880 $219 ,599 Future Tasks (For information purposes only, not part of this work order) Post-Construction Year-3 Monitoring $ 241 , 559 . 07 Post-Construction Year-4 Monitoring $ 174 , 953 . 49 EXHIBIT ` C ' PROJECT SCHEDULE 6 Exhibit C - Schedule February 2009 Work Order 15 Indian River County Beach Sector 7 Year 2 Post-Project Monitoring ( Summer 2009 ) Task Date of Completion/Deliverable 1 Biological Monitoring and Reporting December 2009 2 Nearshore Turtle Abundance Monitoring September 2009 3 Aerial Photography August 2009 4 Beach Tilling and Escarpment Leveling Aril 2009 5 Beach Profile Survey September 2009 6 Physical Monitoring Report December 2009 7 Agency Coordination and Project January 2010 Administration