Loading...
HomeMy Public PortalAbout2022-58 Authorizing a work order to Moffat & Nichol, Inc for permitting assistance services for the renewal of the Village's Beach Renourishment Project PermitsRESOLUTION NO. 2022-58 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO MOFFATT & NICHOL, INC. FOR PERMITTING ASSISTANCE SERVICES FOR THE RENEWAL OF THE VILLAGE'S BEACH RENOURISHMENT PROJECT PERMITS FROM THE UNITED STATES ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), AND THE MIAMI-DADE COUNTY DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) IN AN AMOUNT NOT TO EXCEED 5112,327; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ("Village") currently maintains and preserves the beaches within the Village through beach renourishment projects (the "Project"); and WHEREAS, the Village currently holds three permits from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection (FDEP), and the Miami -Dade County Division of Environmental Resources Management (DERM) that allow the Village to perform beach nourishment activities for the Project (the "Permits"); and WHEREAS, the Village desires to retain permitting assistance services to extend the Permits, which are set to expire in 2024 (the "Services"); and WHEREAS, on October 13, 2021, the Village entered into a continuing professional service agreement with Moffatt and Nichol, Inc. (the "Consultant") for continuing architectural and engineering services; and WHEREAS, the Consultant has provided a proposal, attached hereto as Exhibit "A," (the "Proposal") to provide the Services for the renewal of the Permits; and WHEREAS, the Village Council desires to authorize the Village Manager to issue a work order to the Consultant for the Services in an amount not to exceed $112,327, consistent with the Proposal, attached hereto as Exhibit "A," and the continuing professional services agreement entered into between the Village and Consultant; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. The Village Manager is hereby authorized to issue a work order to the Consultant for the Services consistent with the Proposal attached hereto as Exhibit "A" and the continuing professional services agreement in an amount not to exceed $112,327. Section 3. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 11th day of October ATTEST: cL JOC LYNN B. I OCH VILLAGE CLERK , 2022. MICHAEL W. DAVEY, MAYOR V KEY AZ©RI. APPROVED AS TO FORM AND LEGAL SUFFICIEN WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of 2 hdlig moffatt & nichol 2937 SW 27'" Avenue, Suite 101A Miami, FL 33133 (305) 230-1924 www.moffattnichol.com 210149/04 May 13, 2022 Mr. Jake Ozyman, P.E. Director of Community Development Village of Key Biscayne 88 West McIntyre Street, Suite 210 Key Biscayne, FL 33149 Via email: jozymannkeybiscayne.fl.gov Subject: CONSULTING SERVICES RELATIVE TO THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT, MIAMI-DADE COUNTY, FLORIDA Dear Mr. Ozyman: Moffatt & Nichol (M&N) has compiled this scope and fee proposal for consulting services relative to the design and permitting of the next proposed Village of Key Biscayne Beach Renourishment Project (Project). M&N continues to provide advisory services to the Village as part of a comprehensive team supporting the ongoing efforts with Miami -Dade County to have the Village added to the County's federal shore protection project. The feasibility study has been completed through the Coastal Storm Risk Management (CSRM) project completed by the U.S. Army Corps of Engineers (USACE). Until the Village shoreline is added to the federal shore protection project, the Village will need to continue beach management efforts to address long term erosion and to be able to respond to significant coastal storm events such as hurricanes. Interim truck haul beach nourishment projects will be required to manage the beach as outlined in the 1997 Long Range Beach Management Plan. The level of shore protection must be maintained, and the beach nourishment projects also continue to provide recreational and tourism value. These nourishments have been implemented typically on a 3-6 year cycle depending on coastal storm activity. M&N has extensive history working with the Village and FEMA on the Key Biscayne beach nourishment program, having designed and managed construction of the 2017 and 2021 beach nourishment projects. The last beach management projects were conducted as modifications to environmental permits originally processed in the 2000-timeframe, and key staff at M&N worked on these original permits. The existing permits from the federal, state, and local agencies with jurisdiction are expiring and are not able to be extended and/or modified. The team at M&N worked to extend these permits whenever opportunities were presented and having these maintenance permits in place saved the Village time and costs when implementing recent beach nourishment projects. Village of Key Biscayne Nourishment 1 May 13, 202212 New environmental permits are required to continue beach management for the Village, and the permitting process needs to commence so that permits are in place for the next beach nourishment project. These new permits will be for a 10 -year period, thereby facilitating the Village's ability to construct multiple beach nourishment "events" at regular intervals or after major storm events. M&N will evaluate the previously authorized beach nourishment template (between Florida Department of Environmental Protection (FDEP) reference monuments R-101 and R-108), based on current and anticipated future conditions. This evaluation will take into account beach profile monitoring and seagrass monitoring that is currently being conducted for permit compliance M&N will revise the beach fill template, as necessary, and coordinate with the permitting agencies to process the environmental permits. The following work tasks outline the coastal engineering and environmental permitting consulting services for ongoing beach management at Key Biscayne. EXHIBIT "A" — SCOPE OF SERVICES Part 1 - Beach Fill Permit Sketches a. Beach Fill Template Preliminary Design: To initiate the environmental permitting process, preliminary coastal engineering design is required. Beach fill templates will be designed based on annual physical monitoring data and on the site constraints. The analysis will include an Equilibrium Toe of Fill (ETOF) evaluation utilizing the Dean method to maximize the beach fill template at each R monument. Cross sections will be developed, and initial beach fill volumes estimated based on the design. b. Permit Sketches: M&N will compile permit sketches for the planned beach fill event based on the preliminary design completed under Part 1(a). Beach profile data from the 2022 summer/fall monitoring event will be utilized in the preparation of the permit sketches which will save costs by not requiring additional field data collection. Permit sketches will be compiled on 11" X 17" sheets and will include the existing conditions, beach fill plan, fill sections, and construction staging details. M&N will prepare an opinion of probable construction cost based on the estimated volume. Deliverables: Environmental Permit Sketches (11"X 17" sheets) Opinion of Probable Construction Cost (spreadsheet) Part 2 — Coastal Permitting The U.S. Army Corps of Engineers (USACE), Florida Department of Environmental Protection (FDEP) and Miami -Dade County Division of Environmental Resources Management (DERM) permits are currently scheduled to expire in an April to September 2024 timeframe, and no "typical" (excluding emergency orders on the County front) time extensions are available. Therefore, this scope of services provides for preparation, submittal and processing of new permit applications. It is assumed that the same beach access/staging location used for prior ,�" m o f fait & n i c h o 1 Creative People, Practical Solutions.® Village of Key Biscayne Nourishment 1 May 13, 202213 truck haul beach renourishment projects will be proposed/authorized. It is assumed that the Project will comply with the NOAA National Marine Fisheries Service (NMFS) 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (2020 SARBO) and the U.S. Fish and Wildlife Service (USFWS) 2015 Statewide Programmatic Biological Opinion for Shore Protection Activities along the Coast of Florida (2015 SWPBO). It is anticipated that the summer/fall 2022 physical and biological monitoring data for the current authorized beach renourishment project and the USACE CSRM coral and submerged aquatic vegetation (SAV) surveys will be submitted/referenced to the agencies as the "existing" conditions for the new permit applications. M&N is planning to use field data collected from the CSRM process or from the annual biological monitoring to save costs. However, if the agencies require additional field data collection, this will be addressed under an addendum scope of services. The level of effort required to negotiate approval of the beach renourishment project authorizations with the environmental permitting agencies may ultimately be affected by several external variables, such as potential environmental resource impact concerns and associated commenting agency Requests for Additional Information (RAI) and Completeness Summaries (CS), additional Endangered Species Act consultation requirements, compliance issues related to previous beach renourishment events, public comments/objections, etc. Agency staff workload, recent regulatory precedent, and policy trends may also affect the time and level of effort required to secure Project authorizations. Permit Notice to Proceed and other pre -construction submittals, as well as permit compliance/administration for the next beach fill event will be provided under a separate scope of services upon confirmation of special permit conditions. a. Permit Applications: M&N will prepare and submit the USACE, DERM and FDEP permit application packages required for the truck haul beach renourishment project and will request authorization of periodic maintenance events. While this project will require new authorization, the design and permitting of the project builds from previously authorized projects [FDEP Permit No. 0160846-JC, USACE Permit No. 1999-04294 (IP-AG) and DERM Permit No. 2010-CLI-PER-000881. M&N will prepare a Project Sediment QC/QA Plan, Physical Monitoring Plan, and Biological Monitoring Plan. The Beach Fill Permit Sketches, and additional Project information regarding construction methodology and schedule will be provided to the permitting agencies. The Village will directly pay all required permit application and issuance fees. The Village will also provide the required authorized signatures on the permit applications. Upon receipt of preliminary agency questions or comments and the first round of formal Requests for Additional Information and Completeness Summaries, M&N will confer with the Village as to the issues and additional items that are required by agency staff and update the Project strategy, schedule and action items required for authorization of the Project. M&N will maintain clear communication with the Village regarding permitting progress. Meetings required with the Village and/or agency staff will be provided under Part 3 services. kighig c- Creative People, Practical Solutions. Village of Key Biscayne Nourishment 1 May 13, 20221 4 b. Sand Compatibility Analysis : The current in -situ sand on the Village of Key Biscayne's beaches will be analysed for compatibility with the proposed upland mine sand sources (the E.R. Jahna Industries Inc. Ortona Mine, the Vulcan Materials Company's Witherspoon Mine; and the Garcia Sand Mine), M&N staff will collect up to eight (8) sand samples and submit them to a qualified geotechnical laboratory for analysis in accordance with standard regulatory agency beach sand characterization criteria. M&N will coordinate with the geotechnical lab regarding format of reporting for the analysis. If required, M&N will write a Project/site-specific beach compatibility opinion letter for submittal to the permitting agencies in support of the sand source approvals. If the regulatory agencies require collection and analysis of a greater number of samples for any reason, the Client will be advised regarding additional scope/cost and these will be addressed under an addendum scope of services. c. FDEP Processing: M&N will confer with FDEP staff following submittal of the renourishment permit application to advise them of the details of the Project design and to address staff comments or RAIs. This scope includes responding to one (1) comprehensive FDEP RAI regarding the Project. M&N will maintain telephone contact with agency staff, including the FDEP and Florida Fish and Wildlife Conservation Commission (FWC), if required, to expedite their review and processing of the authorization request. M&N will confer with the Village as to questions, revisions, or additional items that may be required by agency staff. M&N will represent the proposed Project before agency staff to assist the Village in securing a new FDEP JCP for the Project. This fee estimate provides for approximately 48 hours (will vary according to staff rate; see Rate Sheet) of authorization processing coordination. Meetings required with the Village and/or agency staff will be provided under Part 3 services. d. DERM Permit Processing: M&N will confer with DERM staff following submittal of the renourishment permit application to advise them of the details of the Project and to address staff comments or Completeness Summaries (CS). This scope assumes responding to one (1) comprehensive DERM CS regarding the Project. M&N will maintain telephone contact with agency staff to expedite their review and processing of the permit application. M&N will confer with the Village as to questions, revisions, or additional items that may be required by agency staff. M&N will represent the proposed Project before agency staff to assist the Village in securing a DERM Class I Permit for the Project. This fee estimate provides for approximately 48 hours (will vary according to staff rate; see Rate Sheet) of authorization processing coordination. Meetings required with the Village and/or agency staff will be provided under Part 3 services. e. USACE Permit Processing: M&N will confer with USACE staff following submittal of the renourishment permit application to advise them of the details of the Project and to address staff comments or RAIs. This scope includes responding to one (1) comprehensive Corps RAI regarding the Project. M&N will maintain telephone contact with agency staff, including the USACE, NMFS and the FWS to expedite their review and processing of the permit application. „�' m o f f a t t & n i c h o l Creative People, Practical Solutions.° Village of Key Biscayne Nourishment 1 May 13, 202215 M&N will confer with the Village as to questions, revisions, or additional items that may be required by agency staff. M&N will represent the proposed Project before agency staff to assist the Village in securing USACE approval for the maintenance event. This fee estimate provides for approximately 48 hours (will vary according to staff rate; see Rate Sheet) of authorization processing coordination. Meetings required with agency staff will be provided under Part 3 services. f. Permitting Meetings: M&N will participate in virtual meetings with the Client, USACE, FDEP and DERM staff to review submittals, answer and ask questions to clarify the Project scope, technical information, permit conditions, etc. This task assumes that no in -person agency meetings will be required either locally or in Tallahassee. Pre -construction meetings prior to the next beach renourishment project event will be addressed under an addendum scope of services. This fee estimate provides for approximately 29 hours (will vary according to staff rate; see Rate Sheet) of meetings. Part 3 — Client Meetings M&N will attend meetings related to the Project as authorized by the Village. Meetings may include attendance at Council meetings and meetings with Village staff relative to permitting items. These meetings will be provided on an hourly basis in accordance with the approved Rate Sheet; approximately 35 hours (will vary according to staff rate; see Rate Sheet) are budgeted. Part 4 — Construction Plans a. Final Coastal Engineering Design: The design completed under Part 1 services will be further detailed and finalized M&N will update the Equilibrium Toe of Fill (ETOF) analysis and optimize the Project conceptual design to avoid impacts to nearshore ecological resources based upon the anticipated fill volume. The FDEP requires the ETOF analysis to be performed utilizing two (2) accepted industry methods: 1) Profile Translation and 2) Modified Dean method. The Dean method will incorporate sand properties from both the existing beach sand and the proposed upland sand source. The ETOF will be evaluated based upon the most recent available seagrass edge data. The fill templates will be further refined based on the analysis results. The methods and results of the modeling will be incorporated into a coastal engineering report defining the ETOF for the Project area, which will be submitted to the agencies as part of the permitting process. If additional modeling iterations are required by the agencies, this will be addressed pursuant to an addendum scope of services. Deliverables: ETOF Coastal Engineering Report b. Construction Plans: M&N will complete the coastal engineering design for the Project and prepare construction drawings. The drawings will be consistent with the design authorized by the environmental agency permits. The construction drawings will include a construction baseline, fill template, cross -sections, staging/access and details. The dune(s) will be designed „" m o f f a t t & n i c h o 1 Creative People, Practical Solutions.° Village of Key Biscayne Nourishment 1 May 13, 2022 1 6 for fill placement with typical vegetation design. The construction drawings will also reference anticipated special permit conditions. Please note that plan addenda may be required, as construction drawings will most likely be completed prior to issuance of the environmental permits. In addition, the construction drawings will be signed and sealed by a licensed Florida Professional Engineer for submittal. Deliverables: Construction Drawings at 90% and 100% levels of completion, 22" X 34" sheets - PDF c. Technical Specifications: M&N will provide Construction Specifications Institute (CSI) Technical Specifications for beach nourishment and specifications for applicable marine environmental sections. In addition, a form with estimated construction quantities will be provided along with recommended contractor qualifications. The specifications will be provided in PDF format, with following sections anticipated • Summary of Work • Measurement and Payment • Beach Fill Placement — Contractor Quality Control • Environmental Protection • Turbidity Monitoring • Vibration Monitoring Requirements for Existing Structures • Beach Fill Deliverables: Technical Specifications PDF Part 5 - Funding Reimbursement Coordination M&N will submit applications for reimbursement for fiscal year 2024 from approved state funding sources through the Local Government Funding Request (LGFR) as administered through the FDEP. The Village has qualified for FDEP funding for the design/permitting of the next nourishment, and this task will include assisting the Village with reimbursement of these fees as well as processing of the quarterly monitoring reports. This task will also be required to assist the Village in processing requests for funding from previously authorized state and federal funding for ongoing biological and physical monitoring. GENERAL Bidding and Construction Administration As the permitting process is completed, M&N will work with the Village to assist with the implementation of the next beach nourishment construction project. A scope of services with professional fees will be developed once the schedule for the next nourishment project is further refined. ,/„ mn o f f a t t & n i c h o l Creative People, Practical Solutions. Village of Key Biscayne Nourishment 1 May 13„ 2022 j 7 Contract Terms This proposal is subject to the contract terms within the "Agreement" dated October 13, 2021, with the Village. Schedule The schedule for the services is approximately twelve (12) months, with the objective to have the beach nourishment designed and permitted. The schedule is dependent on the authorization time frames with the local, state and federal agencies. Engineering design and contract document preparation will proceed either ahead of or concurrently with the construction bid process, which may be completed prior to issuance of final permits. Professional Fees and Expenses Professional Fees are summarized in Table 1. While we make every effort to keep our fees within estimates quoted, additional costs may be incurred due to circumstances beyond our immediate control, including but not limited to, rule or procedural changes, Project team or agency staff delays, and legal actions. Expenses will be invoiced at cost and are estimated at $2,000. If you wish for us to provide these services, please provide a work order in the standard format for this Project, which will serve as our Authorization to Proceed. Should you have any questions regarding this proposal, please do not hesitate to contact Melany Larenas at (954) 622-8100 or mlarenas@moffattnichol.com or me at (786) 725-4180 or tblankenship@moffattnichol.com. Sincerely, Moffatt & Nichol, Inc. Tim Blankenship, P.E. Vice President TKB: Enclosure high4 GLIOiffl�1' rt cn0, Creative People, Practical Solutions.® Village of Key Biscayne Nourishment Y May 13, 202218 Table 1 Professional Fees Part Description Type Fee 1 Beach Fill Permit Sketches la Beach Fill Template Preliminary Design Lump Sum $6,400.00 1b Permit Sketches Lump Sum $9,454.00 2 Coastal Permitting 2a Permit Applications Lump Sum $11,982.00 2b Sand Compatibility Analysis (if required) T&M $2,054.00 2c FDEP Permit Processing Lump Sum $8,200.00 2d DERM Permit Proces Lump Sum $8,200.00 2e USACE Permit Processing Lump Sum $8,200.00 2f Permitting Meetings T&M $4,820.00 3 Client Meetings T&M $5,815.00 4 Construction Plans 4a Coastal Engineering Analysis Lump Sum $12,095.00 4b Construction Plans Lump Sum $16,640.00 4c Technical Specifications Lump Sum $6,971.00 5 Funding Reimbursement Coordination T&M $5,696.00 Subtotal — Professional Fees $106,527.00 Subconsultant — Geotechnical (if needed) $5,600.00 Reimbursable Estimate $200.00 TOTAL FEE ESTIMATE $112,327.00 „" m o f f a t t& n l a h o 1 Creative People, Practical Solutions.° Moffatt & Nichol Fee Proposal Worksheet Purled Member 210149/16 P+plac1114610: I:c.'1.„41o, 146011 Nounehmn4 Drip, h Prnnmrxg Pmpcl Manager 514 n 1.nrrns4 Pmj®d Pnrp81' Tar, 104an1snelnp Data. 05,46,12 S00 Mark-up: 00C Me5-49 L MAN-HOUR BUDGET CLASSIFICATIONRATES _ Phase Task Tile PleGON/EoN1d1 mental Mimi 44, Pe S3Pmiagry Eng./S6 P-7 EgEnmmnrnen IN Sr. PM P41 45E0986,8»M56 PM P-5 61414*armem al 566065.0 P-6 (014.1581 P4 S1e0 Eng. P-1, P-2 Senior Tech. T-5 Designer T-4 CADD II 1.3 CA1301 T-2, T-1 W0,5 Ps6CeS$Or A-4. A-3 General C4enral A-1.5.2 HOURS LABOR TOTAL $205.440 119,.00 6191.00 6140.00 5140,00 1140.00 6114.00 1115.00 695.00 698.00 578.00 666.4(1 168.00 6 Mach 1311 Pmnn. Ske1c11ea 9].00 a 0cach Fill Tcmplatr PrcBminarc Deign 4 8 16 21 49.0 16,800.00 h P. me Skerehcs 4 6 l4 In 54 .. 911,0 57 454.00 _ Coastal 1'440640"0 - 50.00 P.n. Apg+tionnns 18 6 48 6 784 511,982,00 L Sand Cosm0lalli_221naly*is (15405~40 2 2 4 4 _ _ 14,0 82,0:410 4 PEEP Pcmm Pnxcesrng 8 45 4 511 $6.'510.111 2 I7EBM )14 m4x Prncrsvng 0 41 1 4 SA 58,3151411 c US.AC-. Pcrmn Pr...sing 8 411 4 4 51.0 58.200110 f e'mi4mrpl N1, .ing1 14 13 1 29,0 14,820.1.0 3 Clica4A1ccd,g. 12 5 16 2 55.0 15,01900 4 Conalrucl-o Plans 5000 F, 1 Consul Engineerog ..nano,. 4 10 42 442 t 97.0 512,0)3.04 b Cues...0 Plans 8 16 8 8 16 1112 1 162.11 516,640.110 Techmral 5pccif,a4104 _ 1 22 111, 4 65.0 56,97110 5 Pu„diog 8cimbvr.rr„c,,, 01,,..diaarex, f 0 26 11) 40A 65.656.00 91.141 50.010 94.0' 54.00 00.00 5431111 50M0 50:00 01.111 91.144 91141' TOTALM4H.HOURS 98441 62.00 0.00 232.00 106.00 0.15' 105.00 24.1111 0.00 156.00 0.00 46411 0.110 03f!!, It M&N LABOR 513209/.50 812,214.00 90.00 932.496151 514,8401.01 91164 $8,147'11.011 52,9'X1.151 901* 812,160.11' 50.154 8~'925411 14141 51'06,527.00 I6. OTHER A.S4haom14ls96 T. 1 3. 3. 4. 5. 6. 8, 9, in B. Other COSTS L:nxechnril Maw INN 50 63,610 90 9r 60 91 60 P' 91 60 Sir 9' 9 60 1u 9' S^ 9' 511 SO 5n 50 91 1V. PROJECT SUMMARY Total MIN Leber 5106,521 TeatSubeacs4mnl War 55:600 Total Other Direct Costs: 52111 Markup on 5400149048405: 50 MarkuponODCs: 50 (2h) 15,611'11 91 91 _ _ 54 91 9l p Total P roiest Estimate $ 38,329 So s0 91 50 91 Died Cnsl Mere Lodgimg Meal. MM10ge(iental Q1411149evma0016n 4415965286eene Telepttpne1Fa. 11110075 2180 55.601 514 55,004 N/10 9' N/9 6n N/A 511, N/3 61' 541 111 911 60 6111 1. N/A 9, 6) 52+'x1 Tr nl Sa6o,901 )mn1& Car Equipment 50 10 50 50 50 50 50 5n $201 52110 911 1213,1 hA1, ter P40054040510115. 11n1ae 21191141)41dI