Item I07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 September 2004
Division:
Growth Management
Bulk Item: Yes ~ No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of an amendment to the contract between Monroe County and Ayres & Associates for completion of
engineering survey work on three potential mooring field areas.
ITEM BACKGROUND:
The Board approved a contract with Ayres & Associates in February of 2003 to complete engineering surveys
for three potential mooring field sites. A ClAP grant through the state is being utilized to pay for this contract _
approximately $105,000. This contract amendment provides for a time extension only to December 31, 2004 in
order to complete remaining work. There are no changes to the scope of the contract or to the contract amount.
PREVIOUS RELEVANT BOCC ACTION:
February 2003 - Approval of Ayres contract
CONTRACT/AGREEMENT CHANGES:
Time extension
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$104.710
BUDGETED: Yes
x
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
ClAP grant
REVENUE PRODUCING: Yes
No --X- AMOUNT Per Month
Year
APPROVED BY: County Atty ~
Risk Management ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
To Follow ~ Not Required
AGENDA ITEM NO.:
77
DISPOSITION:
BC040940,doc
8/25/2004 4:22 PM
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION:
DEPARTMENT:
GROWTH MANAGEMENT
MARINE RESOURCES
SUBJECT: _Approval of an amendment to the contract
between Monroe County and Ayres & Associates for the
completion of survey work on three potential mooring field
areas.
DATE ITEM WILL BE A V AILABLE:
09/07/04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 September 2004
Division:
Growth Management
Bulk Item: Yes ~ No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of an amendment to the contract between Monroe County and Ayres & Associates for completion of
engineering survey work on three potential mooring field areas.
ITEM BACKGROUND:
The Board approved a contract with Ayres & Associates in February of 2003 to complete engineering surveys
for three potential mooring field sites. A ClAP grant through the state is being utilized to pay for this contract -
approximately $105,000. This contract amendment provides for a time extension only to December 31, 2004 in
order to complete remaining work. There are no changes to the scope of the contract or to the contract amount.
PREVIOUS RELEVANT BOCC ACTION:
February 2003 - Approval of Ayres contract
CONTRACT/AGREEMENT CHANGES:
Time extension
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$104.710
BUDGETED: Yes
x
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
ClAP grant
REVENUE PRODUCING: Yes
No ----X- AMOUNT Per Month
Year
APPROVED BY: County Atty ----X-
Risk Management ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
,
DISPOSITION:
To Follow _ Not Required
AGENDA ITEM NO.: I_~r--)
BC040940.doc
8/25/2004 4:22 PM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTR.\CT SUMMARY
Contndwitl\: Ayr. &AIIOCiarot. . .COGIract*_
Effective Date: 01119/2003
Bxpiration Date: 1213112*
Comract ~tion;
ContraCt for bathymeuie lUlYeys and mapping It three localions , Monroe County,
FlGrida
Coalrlel ~ GlI1'Ctt 2$()7 Muinc Rcsource.1 ] 1
(Name) (Ext. ) (Deplll'tmeDtlStop If)
for BOCC OD 9/1 S/04 Aacoda Deadline: 8/31/04
CON11lACT COSTS
Total Dollar Value ofContnct; S 104,710
s.daetcd7 YetI8! No 0 Account CodM:
Grlnr: S t04,710
COUIIty MarCh: S 0
CUrtent Y car Pordon; S 47,$00
U1.nou.S:l04~0201-j~O~
- - - -
- -....-- -- ~-
- .. .. -
.-.......- - - ~--
ADDITIONAL COSTS
&aimaral 0Da0iD. Cost,: ~ For; NA
(Nee..... cIGlIM"... Allow) (1&... _li_' . . .~ etc.)
- - - .
-------
CONTllACT REVIEW
Chlftps
DMe 1ft N-.tcd......./
DiviaioD Direc;tor '1- ?.,~ y..o NoL.:f _
Risk Manqemad C8:aq Yes[] NoD-
O.M.BJPurthuma 'l/1JcHeaO N~
County Anomcy 9.:.2.:rH- YaD N
Date Out .
C,-74)Y
C~nta:
ONB FOIIIl~2 7JOt MeI"2
Amendment 1
CONTRACT FOR BATHYMETRIC SURVEYS
AND MAPPING
AT THREE LOCATIONS. MONROE COUNTY. FLORIDA
THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is
Marathon Government Center, 2798 Overseas Highway, Suite 420, Marathon, Florida 33050,
hereafter the County, and Ayres Associates, 8875 Hidden River Parkway, Suite 200, Tampa,
Florida 33637, hereafter AYRES.
Section 1. The County's Contract with AYRES dated February 19, 2002 is hereby amended
to extend the contract termination date through December 31, 2004.
Section 2. In all other respects, the Contract with AYRES, will remain in full force and
effect.
Section 3. This Contract Amendment takes effect on the date of the signature of the last
party to sign and will terminate, without further amendment, December 31, 2004.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
AYRES ASSOCIATES
By
Title
By
Title
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~) q.2.04-
AT EY'S OFFICE
MarProj-AyresContract Amnd1 040915.doc
8/31/200410:25 AM
. "
CONTRACT FOR BATHYMETRIC SURVEYS
AND MAPPING
AT THREE LOCATIONS, MONROE COUNTY, FLORIDA
THIS CONTRACT is entered into by Monroe County, a political subdivision of
the State of Florida, whose address is the Marathon Government Center, 2798
Overseas Highway, Marathon, Florida 33050, hereafter the COUNTY, and Owen
Ayres & Associates, Inc. 8875 Hidden River Parkway, Suite 200, Tampa, Florida
33637, hereafter AYRES
Section 1. A YRES and the COUNTY, for the consideration named agree that
AYRES will complete five tasks as outlined in Exhibit A, defined as the Scope
of Services.
Section 2. Completion of Tasks 1 through 5 will be accomplished within a
timeframe of approximately six months from the date of the County's Notice to
Proceed.
Section 3. Upon receipt of an invoice from AYRES for any task or combination
of tasks shown in Exhibit A, the COUNTY agrees to pay the amount as defined
for each task shown in Exhibit B. Payment will be based on a complete review
and approval of each task product by the Director of Marine Resources or his
designee. The total amount of the Contract shall not exceed $104,710 without
amendment of this CONTRACT.
MarProj-AyresContractO]0219.doc
0]/1]/0]
Section 4. Either party may terminate this CONTRACT because of the failure of
\
the other party to perform its obligations under the CONTRACT. If the
COUNTY terminates this CONTRACT because of AYRES's failure to
perform, then the COUNTY must pay the AYRES the amount due for all work
satisfactorily completed as determined by the COUNTY up to the date of the
AYRES's failure to perform but minus any damages the COUNTY suffered as
a result of AYRES's failure to perform. The damage amount must be reduced
by the amount saved by the COUNTY as a result of the CONTRACT
termination. If the amount owed AYRES by the COUNTY is not enough to
compensate the COUNTY, then A YRES is liable for any additional amount
necessary to adequately compensate the COUNTY up to the amount of the
CONTRACT price.
Section 5. AYRES acknowledges and agrees that public use of any or all reports
or other printed materials, videos, audio recordings, films and photographs
produced as part of this Plan may not be restricted under the copyright laws of
the United States of America.
Section 6. Records of AYRES's direct personnel payroll and other costs and
expenses pertaining to the Plan and records of the accounts between the
COUNTY and AYRES must be kept on a generally recognized accounting
basis and must be available to the COUNTY. The records also must be in form
Contract
03/13/03
2
sufficient to permit a grant specific audit to be performed in accordance with
the rules of the Auditor General. A YRES must keep the records for five years
following the completion of the Plan.
Section 7. AYRES acknowledges that all records, data, and documents created
as part of the Plan are public records under Chapter 119, Florida Statutes. As a
result, they must be made available at a reasonable place and time upon the
request of a member of the public. Failure to do so is a breach of this
CONTRACT entitling the COUNTY to treat the CONTRACT as terminated on
the date of the violation of Chapter 119, Florida Statutes, with the COUNTY's
obligation to pay extending only to work completed as of that date plus
amounts previously retained, if any.
Section 8. In the course of performing services under this contract AYRES may
not discriminate against any employee because of race, age, creed, color, sex or
national origin. A YRES will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, age, creed, color, sex, or national origin. Such action may
include, but need not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for
training, including apprenticeships. AYRES must insert language similar to
Contract
03/13/03
3
this Section in any of AYRES's subcontracts, if any, funded through this
CONTRACT except for subcontracts for standard commercial supplies and raw
materials.
Section 9. In carrying out the services under this contract, AYRES must comply
with the requirements of the Americans With Disabilities Act and federal
regulations issued under that Act.
Section 1 o. AYRES warrants that it has not employed, retained, or otherwise had
act on its behalf any former COUNTY officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer
or employee in violation of Section 3 of Ordinance No. 020-1990. For breach
or violation of this provision, the COUNTY, in its discretion, may terminate
this CONTRACT without liability and may also, in its discretion, deduct from
the CONTRACT or purchase price, or otherwise recover the full amount of any
fee, commission, percentage gift, or consideration paid to the former COUNTY
officer or employee.
Section 11. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not perform work as a contractor, supplier,
Contract
03/13/03
4
subcontractor, or AYRES under contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for the Category two for a
period of36 months from the date of being placed on the convicted vendor list.
Section 12. AYRES agrees to maintain adequate insurance or equivalent as
provided in Exhibit B.
Section 13. All communication between the parties should be through the
following individuals or their designees:
Monroe County
George Garrett, Director
Department of Marine Resources
2798 Overseas Highway,
Suite 420
Marathon, FL 33050
AYRES
Nizar K. J etha
Ayres Associates
8875 Hidden River Parkway
Suite 200
Tampa, Florida 33637
Section 14. This CONTRACT is governed by the laws of the State of Florida.
Venue for litigation arising under this contract must be in a court of competent
jurisdiction located in Monroe County, Florida.
Section 15. The effective date of this CONTRACT is the date of signature of all
parties. The termination date is one year after the date of signature of all
parties.
THE REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK
Contract
03/13/03
5
Section 1. IN WITNESS WHEREOF each party hereto has caused this
Agreement to be executed by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B~aLJC. AvQ~
Deputy Clerk .;
By
L)j# >n ~
Mayor/Chairman
Date
O~-lq-O..3
(SEAL)
Attest:
A YRES ASSOCIATES
By ~/i~l''''-
Title za K. -;reth~, P. E.
VP-Florida Operations
Title
Date 3/12/03
APPROVED AS TO FORM AND
LEGAL SUFFI,.CIENCY
'~v./'l .
Contract
02119/039:04 AM
6
EXHffiIT A
SCOPE OF SERVICES
FOR
BATHYMETRIC SURVEY AND MAPPING
Appendix A
02114/033:37 PM
SCOPE OF SERVICES
DESCRIPTION OF SERVICES REQmRED
This project requires bathymetric surveys, mapping, and photogrammetry for use in planning
related to implementing mooring fields at three locations in the Florida Keys. The
CONSULTANT will use real-time kinematics Global Positioning System (GPS) hydrographic
survey methods to complete the mooring field surveys. The GPS survey methods will combine
boat elevations determined with GPS and depths from survey grade fathometers to provide
bathymetric data with accuracies within 6 cm horizontally and vertically of the actual bottom
elevations. These data will be used to develop a digital elevation model of the surveyed areas.
The data will be merged with the aerial photography to show I-foot contour bathymetry
referenced to mean low water. A description of the specific project tasks to be completed by the
CONSULTANT is provided below.
PROJECT AREA
The project area for the services defined within this scope of work is delineated in Figures
1 through 3. Project area one (Figure 1), Sunset Cove mile marker 99 located in Key
Largo, will consist of approximately 140 acres of hydrographic survey. This will include
the 114 acres as specified in the RFP with additional boundry overlap. The second project
area (Figure 2) is located in Community Harbor, mile marker 92. This will include
approximately 67 acres of survey, including the two marinas located within the project site.
The last project area (Figure 3), mile marker 29 located on South Pine Channel will consist
of approximately 630 acres. This includes the entire area south of US Highway 1, crossing
over South Pine Channei, to an east-west line connecting the two southern most points
defining South Pine Channel.
Task 1: Control Survey
GPS Ground Control Surveys and Aerial Target Placement. Existing horizontal and vertical
control monuments within the project area will be used to the fullest extent possible. If existing
control is not available new control points will be placed as necessary to support
photogrammetric mapping, hydrographic surveys, and the development of I-foot bathymetric
contours.
The CONSULTANT will investigate existing horizontal and vertical control within the aerial
coverage of each site. We understand that the FDOT and the County have control networks in
the area. The control will .be used to tie the aerial photography and bathymetric survey to the
State Plane coordinate system, NAD 83 and the to the vertical datum, NA VD 88. Once the
control information is identified, the CONSULTANT will provide the COUNTY the descriptions
of points to be recovered and targeted. The CONSULTANT will provide the required control
surveys and aerial target placements. The objective is to have the targets placed before the flight
and readily visible on the aerial photography.
Appendix E
02114/033:37 PM
Task 2: Aerial Pbot02raobv
Upon completion of the targeting of the control points, the CONSULTANT will obtain aerial
photography of each site. Reasonable effort will be made to schedule the over-flight under
conditions, when the sky is clear, minimal haze, water flat, minimal sediment in the water, and
low tide. The aerial photography will be obtained from a flight altitude of 4,800' resulting in a
1 "=800' negative scale. This scale will allow for coverage of each site in a single flight line and
allow for significant coverage beyond the initial project areas. The photography will be true
color and obtained in stereo coverage with 80% forward lap. We anticipate approximately 10
exposures at each site. The forward lap will insure exposures that will not have sun glare
inherent in aerial photography over water.
The time of flight will be recorded and compared with the tide level for use in mapping mean
high water line. If possible, flights will be timed to occur during low tide. The CONSULTANT
will create either color or black and white digital orthophotography for the three anchorage sites
that meets or exceeds National Map Accuracy Standards for 6-inch ground resolution, 1"=100'
scale orthophotography.
Ortbo Pbot02raohv
The aerial photography will be scanned at a rate of 15 microns that will result in a ground
resolution of 6". The scanned images will be analytically triangulated using the vertical and
horizontal targeted points. Ortho rectification will be made to the analytical solution. The
CONSULTANT will use ZI Imaging softcopy workstations for the analytical triangulation and
ortho rectification. Care will be taken to hide any mosaic lines, and to tone and color balance
each image. The resulting image files will be delivered to the COUNTY in a Geo TIFF format
and in a MrSID compression format on CD ROM. The orthophoto file will also be incorporated
with bathymetric contours and map sheet format. One paper plot of each site will also be
provided.
The process for creating digital orthophotography over each anchorage site will include:
I. Acquiring aerial photograph over each site at a negative scale of 1"=800'.
2. Scanning the aerial photograph negatives at a rate of 15 microns to produce a digital
image with a 6-inch ground resolution.
3. Rectifying each digital image to targeted ground control.
4. Quality control checks of resultant digital orthophotography.
Task 3 Tide Gages
Project tide gages will be installed by the CONSULTANT at each of the three sites. The gages
will be operated during the entire period of the hydrographic survey, not just during the
hydrographic survey of the individual site. The gages will be surveyed and the data referenced to
the 1988 North American Vertical Datum (N A VD-88). These project gages will be compared
Appendix E
02114/033:37 PM
with local real time gages located at Kew West (gage No. 8724580) and Vaca Key (gage No.
8723970) and the data will be used to adjust the hydrographic survey into a local, site specific
mean low water (ML W) datum. Since the hydrographic survey will be performed using GPS. the
tide gages will also be used as a quality control check of the hydrographic survey elevations.
Task 4 Bathymetric Survey
Bathymetric survey data will be collected by boat mounted survey equipment using GPS real-
time kinematic (RTK) hydrographic survey methods. Data will be logged to a portable computer
using software that integrates the GPS positional data with depth soundings collected using an
Innerspace Model 448 fathometer (depth sounder). Positional and depth data will be recorded at
I-second intervals. The data lines, for I-foot contours, will be spaced about 50 to 100 feet apart
or as required for meeting the requirements for I-foot contour mapping. The survey coverage
will be limited to areas that are accessible and navigable using a prop-driven outboard motor.
The surveys are typically limited to areas where the depth is greater than 1.5 feet. This may
impose some limitations on how close the boat can get to the shoreline. The accuracy of depth
sounding equipment is directly related to the speed of sound in water, which is influenced by
water temperature and density. As per standard hydrographic surveying protocol, the
CONSULTANT will conduct a bar check procedure and calibrate the depth sounder twice per
day. The CONSULTANT will also conduct a minimum of two bottom truthing measurements
per site in areas where sea grass is present.
Task 5 Data Processin2 and Maooin2
Once the data collection phase is complete, the raw hydrographic data will be processed through
a detailed procedure to evaluate the accuracy of each survey point and filter out any erroneous
data. This data will then be processed using the CONSULTANT'S unique in-house procedure
and computer program that will adjust the data based on the data lines surveyed. This process
will help generate a more accurate digital terrain model representation of the sea t100r suitable
for plotting one foot contours.
The final terrain model and digital mapping will be generated using Bentley Microstation and
Intergraph Siteworks. However the resulting mapping will also be provided in AutoCAD format
as requested. The drawing files will include the raw point data obtained from hydrographic
surveying as well as break lines or other features used to develop the bathymetry. These data will
be provided in separate layers in the drawing file. A I-foot contour interval map will be
prepared from the DTM. The map will be merged with the digital orthophography representing
the shoreline areas.
The deliverables provided by the CONSULTANT to the county will include the following items:
· A map of the project area showing the location of the control points
· A coordinate listing and description for each control point
. Original aerial photos
Appendix E
02/14/033:37 PM
· Digital Contour da~ planimetric da~ and DTM data in Microstation (.dgn) or AutoCAD
(.dwg) format, and a DXF file with an associated world file (* .wld)
. ASCII point data files for all random point and break line data
· A plotted contour map of the project area
· Summary report explaining the approach, methods and results of the surveying and mapping
work. The report will include applicable surveyed area location/vicinity maps
Appendix E
02/14/033:37 PM
EXHIBIT B
TASK COST SUMMARY
Appendix E
02/14/033:37 PM
Appendix E
02/14/033:37 PM
BATHYMETRIC SURVEY AND MAPPING
SUMMARY OF COSTS
I
TASK DESCRIPTION COST
No.
1.0 Control Survey $ 12,735.00
2.0 Aerial Photography $ 14,295.00
3.0 Tide Gauge Installation $ 12,110.00
4.0 Bathymetric Survey $ 42,010.00
5.0 Data Processing and Mapping $ 23,560.00
TOTAL $ 104,710.00
EXHffiIT C
Insurance Requirements
Appendix E
02114/033:37 PM
WORKERS' COMPENSATION
INSURANCE REQillREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor. as an authorized self-
insurer. the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund. a Certificate of Insurance will be required.
In addition. the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles. the Contractor.
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include. as a minimum. liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Bodily Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
1996 Edition
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$250,000 per Occurrence/$500,000 Aggregate
PROl
Administration lnstruction
#4709.3
78