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HomeMy WebLinkAbout2004-181 4 INDIAN RIVER COUNTY BEACH PRESERVATION PLAN ENGINEERING DESIGN & PERMITTING AMENDMENT NO . 9 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 modified 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 . 9 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. 1 In witness whereof the parties have executed this Amendment this 1 0th day of .Ligu,s2004 . Applied Technology & Management, Inc . Indian River County, Florida 2770 NW 43rd Street, Suite B 003 ' 1,Board of Court �omniis40� ' Gainesville, Fl 32606 - 7419 B Arthur R . Neu ergg,' '� 1 :17 rp , ' Michael Jenkins, Ph . D . , P . E . rolio-B_ 4Gi ,• Coastal Engineering Team Leader BCC Approved : us Au t ,fi�,�d+ l' g 4 ,,a WITNESS • Atte 1 WITNES-S : Jeffery K. Barton, Clerk of Court _ _ iuorporate seat is acceptable in glace of v-Atnesses ) PPROVED : tomy A ministrator J eph A . Baird A S TO FORM UFFICIEby 0-0E . FNTY ATTORNEY Indian River County Approved Date Administration G � Budget 7/�! Legal Risk Management �T2lro Public Works 71 Coastal Eng. 2 EXHIBIT "A" SCOPE OF SERVICES AND PROJECT COSTS . 3 SCOPE OF WORK Indian River County Beach Preservation Projects Development of No -Impact Design and Permit Authorizations for Sector 7 INTRODUCTION Following submittal of the Joint Coastal Permit Application fort he Indian River County Sector 7 Beach Preservation Plan , the Florida Department of Environmental Protection ( FDEP) determined that the proposed project impacts to nearshore hardbottom were not consistent with current FDEP policy. Further coordination with the FDEP resulted in the development of a no-impact design which would in principle be consistent with FDEP policy and eligible for permitting . Efforts detailed herein provide for the tasks required to develop the no-impact design to a level sufficient for submittal to the regulatory agencies and the additional coordination required for the permit review process of this new alternative . TASK 1 SECTOR 7 DATA COLLECTON Beach and offshore profile data will be collected at intermediate locations within Sector 7 . Profiles will be taken at a roughly 250 foot longshore spacing between FDEP monuments R- 102 and R- 105 and at a roughly 500 foot longshore spacing between R- 100 and R- 102 and between R- 105 and R- 107 (20 profile lines total ) . This data will be collected in conjunction with the County-wide profile data collection effort scheduled for late summer 2004 . Aerial photography of Sector 7 will also be acquired as part of this task . This data will provide a comprehensive assessment of the Sector 7 current physical conditions that are required as input for the evaluation and analysis of the no- impact design . TASK 2 DESIGN AND ANALYSIS This task includes additional analysis and modeling efforts required to fully develop the no-impact design , optimize project performance , and provide assurance to the regulatory agencies of the potential for impacts due to the project. Task 2 . 1 Develop Final Design Template Design c ross s ections w ill b e d eveloped u sing t he results of t he 2 004 p rofile s urvey. Placed volumes will be optimized based on an evaluation of profile equilibration . Design profiles will be developed to avoid direct and secondary coverage of nearshore hardbottom resources . Task 2 .2 Project Performance Modeling and Reporting Further evaluation of impacts to nearshore hardbottom will be required in support of this project. Impacts to hardbottom represent the most significant issue to project permitting and design . ATM will assess the performance of the project and impacts to hardbottom based a comprehensive modeling effort. The GENESIS shoreline model will provide a basis for the study. Given the limited output of this model , an additional algorithm will be used to project the beach profile from the predicted shoreline position in the cross-shore direction . Equilibrium profile theory will be used to calculate this cross-shore profile projection . The time dependent toe of fill will be evaluated based on the intersection of the projected profile with the existing bottom topography. Additional analysis will be conducted to ensure that the toe of fill predictions are in line with the anticipated volumetric performance of the shoreline . The resulting composite model will be used to evaluate the time-dependent coverage of nearshore hardbottom within the project area . Both primary and secondary coverage mechanisms will be considered . Project alternatives that minimize hardbottom coverage will be included within the analysis . Task 2 .3 Scan and Rectify 2004 Aerials Upon acquisition , the 2004 aerials will be rectified for use in plan development and determination of hardbottom location . Task 2 .4 Reassess Nearshore Hardbottom Resource Impacts Acceptance of the no-impact design by the regulatory agencies is contingent on an adequate assessment of the nearshore hardbottom resources and the potential impacts of the project to these resources . Based on the modeling of the project performance , impacts to nearshore hardbottom resources will be minimized through modification of the project fill plan . This analysis will include an assessment of the ephemeral nature of the nearshore hardbottom . Task 2 . 5 Revise Project Cost Estimates Based on the results of the project performance modeling , project costs will be revised and updated . This task will include a re-evaluation of the renourishment interval for project cost optimization . Task 2 . 6 Prepare Final Design Letter Report A letter report detailing the results of Task 2 . 1 through Task 2 . 5 will be developed and submitted to the County for review. Following comment from the County this report will be included within the permit application modification package provided to the regulatory agencies . TASK 3 MODIFICATION , PROCESSING , AND ACQUISITION OF JOINT COASTAL CONSTRUCTION PERMITS FOR SECTOR 7 ATM will develop a modification to the JCP permit application currently under review by the FDEP based on the no-impact design . ATM will assemble and maintain , in chronological order, all letters and reports applicable to the Project Permit Correspondence for the County. ATM shall continue telephone and written communication with the State of Florida , Department of Environmental Protection ( DEP ) , USACE Jacksonville District and County sufficient to coordinate agency review of the Joint Coastal Permit Application modification . Task 3 . 1 Permit Processing/Coordination with Indian River County and FDEP Staff It is anticipated that significant coordination will be required with the County and the various regulatory agencies . This task includes one meeting with FDEP staff ( in Tallahassee) . Task 3 .2 Prepare and Submit Permit Application Modification Based on the additional analysis and modeling detailed within Task 2 . 1 to Task 2 . 6 a modification of the permit application will be developed and provided to the FDEP for review and comment . Task 3 .3 Respond to FDEP Request for Additional Information Based on the changed design , it is anticipated that FDEP staff will raise a number of new questions and issues regarding the project. These will be provided to the County in terms of a Request for Additional Information ( RAI ) . ATM will review the RAI comments with County staff and prepare a response . Cost estimates for this task are based on an expected labor hour level of effort , as it is not possible at this juncture to ascertain how many questions will be asked , or the in -depth nature of the information requests contained in the Request for Additional Information . The level of comment by state agencies may be excessive due to unforeseen issues and changes in the rules and policies of these agencies and the resulting need for additional information . Task 3 .4 Respond to FDEP Second Request for Additional Information Based on previous experience with project permitting and the numerous issues associated with nearshore hardbottom , a second Request for Additional Information ( RAI ) based on the no- impact design is anticipated . ATM shall expeditiously review and respond to the initial Notice of Incompleteness (also referenced herein as RAI ) by first reviewing the RAI items with County staff. Thereafter, the items will be discussed with DEP technical staff as necessary, item priority will be established , and the necessary written and/or graphical information to adequately respond to the RAI will be prepared . Assuming no additional field data acquisition is required and no numerical or analytical model simulations are necessary to prepare the response , ATM will respond to this RAI within 30 days of receipt from DEP . This timeframe shall include preparation of a draft response and review/modification of the draft with County staff prior to submittal to the DEP . Additional field data and/or numerical model simulations are not considered as a component of the scope of work associated with this task unless otherwise specifically stated herein . Such services will be dependent upon agency requirements and will require that ATM prepare a separate scope of work and fee proposal for County approval prior to initiating such work . TASK 4 COORDINATION AND PERMIT PROCESSING - USACE Task 4 . 1 JCP Coordination with USACE Adoption of the no-impact alternative will require further submission of documentation and coordination with the Corps of Engineers ( USACE ) and other overseeing federal regulatory agencies . It is anticipated that one additional Request for Additional Information ( RAI ) will be required as part of the federal permitting process . ATM will review the RAI comments with County staff and prepare a response . Cost estimates for this task are based on an expected labor hour level of effort, as it is not possible at this juncture to ascertain how many questions will be asked , or the in-depth nature of the information requests contained in the Request for Additional Information , Task 4 .2 Alternative Inclusion in EIS Documentation ATM will prepare documentation regarding the no-impact alternative suitable for inclusion within the Sector 7 EIS . ATM will coordinate with the pertinent federal regulatory agencies regarding the no-impact alternative inclusion within the EIS . FUTURE TASKS Tasks delineated within this Scope of Work address issues regarding the design and permitting of the Sector 7 project . Post-permit tasks including the development of plans , specifications , and pre-construction monitoring requirements are not included within this scope . Indian River County Beach Restoration Project - Sector 7 (No-Impact Design and Permitting) i f ATM ATM Other Management fee Direct Costs Task Description and Breakdown Morgan & Total on ATM Total (ODC's) & Total Task US Imaging Eklund Subcontractor Subcontractors Labor Equipment Budget Task 1 Sector 7 Data Collection 1 . 1 Beach and Offshore Profile Surve Summer 2004 10 000 10 000 1 .2 Aerial Photo rah $500 870 3 $ 11 , 730 Total Cost - Task 1 2 475 $2,475 124 870 700 $4169 $2,475 $101000 $129475 $624 $1 ,740 $1 ,060 $15,899 Task 2 Sector 7 Design and Anal sin 2. 1 Develo Final Desi n Tem late $0 0 2 . 2 Post-Pro'ect Performance Modelingand Reporting 0 0 $7010 $360 $7, 370 2 .3 Scan and Partifu 2004 aerials 0 0 $0 0 17 800 700 $ 18 . 50 2 .4 Reassess Nearshore Hardbottom Resource Impacts 0 3 550 $3, 550 $ 178 1 710 150 5 588 2 . 5 Revise Project Cost Estimates 0 $0 $0 0 $2 480 $230 2 710 2 . 6 Pre are Final Design Letter Report $0 0 0 0 2 120 230 $2 ,350 Total Cost - Task 2 $0 $0 so 0 $4960 400 $51360 $0 $39550 $3,550 $178 $36,080 $2,070 $419878 Task 3 Modification, Processing & Ac uisition of Joint Coastal Construction Permits for Sector 7 3 . 1 Permit Processin /Coordination w/IRC & FDEP 0 0 $0 0 4 840 600 5 440 3 .2 Prepare & Submit Permit A lication Modification 0 0 0 0 $4 740 1 600 $5 740 3. 3 Res and to FDEP Req , est for Additional Information 0 0 3 .4 Res and to FDEP Second Request for Additional Information 0 $0 9 650 880 $ 10, 530 Total Cost - Task 3 0 so 0 0 $7020 480 7 500 $0 $0 $0 $0 $34,250 $2,960 $379210 Task 4 Coordination and Permit Processing - USACE 4 . 1 JCP Coordination w/USACE 0 4.2 Alternative Inclusion in EIS Document 0 0 $0 $0 $ 1 , 940 $300 2 240 Total Task 4 $ so 0 930 8001 730 $0 $0 $0 $0 $25870 $1 , 100 $3,970 Total Cost - $2,475 $131550 $169025 m $801 $740940 1 $7, 190 1 $98,956