2003-021 East Bay Agrmt. Adden. Phase 3 Dredging:A
RESOLUTION 21-2003
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN ADDENDUM TO THE PROFESSIONAL SERVICES
AGREEMENT DATED AUGUST 23, 2001, BETWEEN THE VILLAGE AND EAST BAY
GROUP LLC, WHICH ADDENDUM IS ATTACHED AS EXHIBIT "A" AND PROVIDES
PERMITTING, BIDDING SUPPORT AND CONSTRUCTION CONTRACT
ADMINISTRATTON FOR PHASF, 3 OF THE VTL,LAGF. 1~RRi~GiN('T PR(1TF['.T~ ANTS
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the Addendum to the Professional Services Agreement dated August 23, 2001, between
the Village and East Bay Group LLC, which Addendum is attached as Exhibit "A" and provides
permitting, bidding support and construction contract administration for Phase 3 of the Village
Dredging Project.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Addendum with East Bay Group, LLC set forth in Exhibit "A" for and on behalf of the Village
of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 10th DAY OF APRIL, 2003
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. Professional Services Addendum
Permitting and Construction Support Services
Proposed Maintenance Dredging, Phase 3 Canals
Village of North Palm Beach
General
This additional services request is presented as an addendum to the Professional Services
Agreement dated August 23, 2001 between the Village of North Palm Beach and East Bay
Group, LLC. The services to be provided involve the permitting, bidding support and
construction contract administration for Dhase 3 of the navi~ati~n maintenan~P rirPrlo;no~
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project. Phase 3 involves three (3) of the Village of North Palm Beach's canals that have been
found to support seagrasses therefore making the permitting and construction requirements
more significant. This phase of work was separated from the phase 2 effort at the
recommendation of the Florida Department of Environmental Protection. The location of the
subject dredging is shown on the enclosed sketches. It is assumed that the dredging will be
accomplished using a clamshell or hydraulic dredge.
Assumptions
Presented below are some assumptions that have been made when developing this scope of
services. Adjustments to the work tasks, and the associated level of effort to complete each
task, can be made as appropriate, considering the reasonableness of these assumptions. East
Bay Group will endeavor to minimize the costs associated with completing these tasks.
• The work effort will utilize the surveys and project plan drawings already prepared
by East Bay Group and LBFH, Inc.
• No additional sediment testing is anticipated.
• No provisions have been made for performing any additional land or bathymetric
surveys or base drawing preparation for the project.
• It is assumed that the two previously completed seagrass surveys will satisfy the
permitting agency requirement for benthic resource surveys.
• It is expected that the mitigation warranted by impacts to submerged resources will
be accomplished via the acquisition of privately held submerged seagrass beds or the
backfilling in the existing dredge hole located east of the Monastery in North Lake
Worth. Only a modest labor effort has been allocated for the development of a
mitigation plan for that reason. -
• The permitting of the project is not expected to be controversial. No provisions have
been made for protracted permit processing made necessary by third party objections
to the project, or an administrative hearing petition being granted to objectors.
• It has been assumed that the neighboring property owners will be supportive of the
project and no unified group objecting to the project evolves.
Page 2 of 4
Addendum -Professional Services /Phase 3 Canal Maintenance Dredging
Scope of Services
The following tasks present the plan of work that is typically undertaken for the completion of
amaintenance-dredging project. East Bay Group proposes to accomplish the following:
1. East Bay Group will proceed to develop the permit application packages for
use in requesting the required State and Federal environmental approvals for
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include details of the proposed mitigation plan. The permit application
packages will be prepazed for submittal by the Village as the applicant. East
Bay Group will serve as the "applicant's agent" to process the submitted
applications.
2. East Bay Group will coordinate and attend a site review meeting with
representatives from DEP, Corps and other possible commenting agencies
that express interest in the submitted applications. These may include the US
Fish and Wildlife Service, National Marine Fisheries Service, EPA, and the
SFWMD. The purpose of the meeting will be to; a.) ensure that there is a
clear understanding of the work being proposed; b.) answer any questions that
the environmental representatives may have; and c.) to learn if there are any
concerns that the agencies may have that are apt to require changes to the
project plan, or cause them to oppose approval of the permit applications.
3. It is typical for the Corps and DEP to submit a request for additional
information to supplement the submitted permit applications. East Bay Group
will develop follow up submittals responding to questions raised by the
application reviewers. Additionally East Bay Group will attempt to answer
questions raised by the commenting agencies. It should be pointed out that no
provisions have been included for significant additional environmental
surveys, water or soils testing, etc. Because of the relatively routine nature of
most maintenance dredging applications, we do not anticipate that these
requests for additional information will be extended unreasonable.
4. Upon issuance of the environmental permits, East Bay Group will assist the
Village with obtaining bids (utilizing the completed phase 3 plans and
specifications) from qualified contractors, review the bids received, the
various contractor's qualifications and experience and make a
recommendation to the Village on the selection of a contractor.
Following the award of the construction contract, East Bay Group will
perform periodic observation of the contractor's ongoing work efforts to
monitor the contractors day to day operations for compliance with the terms
and conditions of the permits and contract. East Bay Group will complete
post dredge surveys of areas deemed complete by the contractor and made the
subject of a submitted pay requests. Based on the results of the surveys and
periodic observations of the contractor's efforts, East Bay Group will review
and process submitted contractor pay requests making recommendation to the
Page 3 of 4
Addendum -Professional Services /Phase 3 Canal Maintenance Dredging
Scope of Services cont.
Village for full or partial payment as appropriate. East Bay Group will also
support the Village by coordinating and attending substantial and final
completion inspections that will be required for the contractor to close out the
construction project.
East Bay Group can provide the Village with supplemental services that are
mutually agreed to by both parties.
Project Schedule
Presented below is an estimated schedule to complete the above tasks. Because of the
uncertainties of the environmental permitting process, the schedule is approximate. No
provisions have been made for a controversial permitting process or other possible
complicating factors. -
Task 1 Application preparation and submittal 30 days
Tasks 2-3 Project permit processing 120 - 240 days
Task 4 Project bidding /contract award 60 days
Task 5 Construction services 60 days
Project Budget
The costs to provide the above-presented services are presented below. The amounts
presented for all tasks with the exception of the permit processing tasks are lump sum not to
exceed including labor and expenses. The permit processing budget amount has been
estimated and labor and expenses associated with tasks 2 and 3 will be billed on an hourly
basis using the labor rates and expense billing procedures presented on "Attachment A"
Tasks 1 Application preparation 5,000
Tasks 2-3 * Permit processing 20,000
Task 4 Project bidding /contract award 2,500
Task 5 Construction services - 5,000
* Note: The costs for tasks 2 and 3 have been estimated based on recent East Bay permitting
experience. Because of the numerous uncertainties associated with environmental permitting
Tasks 2 and 3 will be performed on an hourly basis. The estimated labor total of $25,000 for
the permitting tasks will not be exceeded without authorization from the Village.
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Page 4 of 4
Addendum -Professional Services /Phase 3 Canal Maintenance Dredging
Authorization
The above described additional services will be provided in accordance with the terms and
conditions presented in the Professional Services Agreement between The Village of North
Palm Beach and East Bay Group, LLC dated August 23, 2001. Authorization and Notice to
Proceed can be provided by signing below and returning one copy of this Agreement.
East Bay Group, LLC
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David J. D er, Principal
Date: a3
The
Norris, Mayor
Date: ~--1"
Date:~l. ~ O~
Village Clerk