Agenda 06/24/2014 Item #16A176/24/2014 16.A.17.
EXECUTIVE SUMMARY
Recommendation to award Contract No. 14 -6228 - Collier County Beach Renourishment 15 -year
Permit in the amount of $127,566 to Coastal Planning and Engineering Inc., authorize the
Chairman to execute the corresponding agreement, authorize the necessary budget amendment,
and make a finding that this item promotes tourism. (Project 80165)
OBJECTIVE: To obtain a new 15 -year multi use beach renourishment permit for future Collier
County Renourishment projects.
CONSIDERATIONS: The existing 10 -year beach renourishment permit will expire on January
12, 2015 and a new permit is required to perform future beach renourishment projects. Collier
County is desirous to pen-nit a comprehensive renourishment program for its beaches under the
new FDEP 15 -year permit rules. The project area extends along the Gulf Coast in Collier
County, FL between FDEP monuments R -22 to R -79.
The new 15 -year multi -use permit will allow routine and emergency nourishment along Collier
County beaches. The pen-nit will allow for Collier County to be ready for an emergency
response to a major storm event with approved sand sources. Borrow Area T1 will be re-
pennitted for use as an offshore sand source. The permit will include the use of upland sand
sources to supplement or substitute for an offshore sand source. The project will be designed
within a 6 year template, but will accommodate sea level rise during the project life. The permit
application will request approval for two major nourishments from offshore sand sources
supplemented by truck haul projects. In addition, multiple truck haul projects, every couple of
years, using upland sand sources, will be requested as a substitute for dredging from offshore
sand sources. The aim is to provide the County flexibility to change with the dredging market
and needs of the County.
On May 13, 2014, the Board of County Commissioners approved the short list of design
professionals in compliance with Section 287.055, the CCNA and authorized staff to negotiate a
contract with Coastal Planning and Engineering the top ranked fine for subsequent Board
approval pursuant to RFP No. 14 -6228 for "Collier County Beach Renourishment 15 -year
Permit, ".
ADVISORY COMMITTEE RECOMMENDATIONS: At the April 10, 2014 Coastal
Advisory Council (CAC) meeting, this item was unanimously approved by a 9 to 0 vote.
At the April 28, 2014 Tourist Development Council (TDC) meeting, this item was unanimously
approved by a 7 to 0 vote.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
FISCAL IMPACT: Funding is available through Tourist Development Tax, Fund 195. A
budget amendment will be necessary to move funds, in the amount of $127,566 from reserves
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into Project 80165, Collier Beach Analysis. Funding for this permit will not be requested for
reimbursement from any grantor agency.
LEGAL CONSIDERATIONS: This item has been approved as to fonn and legality and
requires majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners awards Contract No. 14-
6228 — "Collier County Beach Renourishment 15 -year Permit" in the amount of $127,566 to
Coastal Planning and Engineering Inc., authorizes the Chainnan to execute the corresponding
agreement, approves all required budget amendments, makes a finding that this item promotes
tourism.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department
Attachments:
1. Proposal
2. Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to award Contract No. 14 -6228 - Collier County Beach
Renourishment 15 -year Permit in the amount of $127,566 to Coastal Planning and Engineering
Inc., authorize the Chairman to execute the corresponding agreement, authorize the necessary
budget amendment, and make a finding that this item promotes tourism. (Project 80165)
Meeting Date: 6/24/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
5/30/2014 2:50:34 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
5/30/2014 2:50:35 PM
Approved By
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 6/3/2014 3:00:12 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Natural Resources
Date: 6/3/2014 5:14:03 PM
Name: McAlpinGary
Title: Manager - Coastal Management Programs, Coastal Zone Management
Date: 6/4/2014 11:36:48 AM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/9/2014 8:17:20 AM
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Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 6/9/2014 9:56:59 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 6/9/2014 11:21:43 AM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 6/10/2014 5:21:47 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/13/2014 7:41:30 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/13/2014 10:36:45 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 6/13/2014 11:08:05 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/13/2014 11:31:25 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/13/2014 3:57:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 4:31:33 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/16/2014 10:30:39 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 2:25:10 PM
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CB&I Coastal Planning & Engineering, Inc.
Scope of Work
Collier County Beach Renourishment 15 Year Permit
RFP #14 -6228 May 19, 2014
Introduction
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Our engineers, geologists and biologists are extremely familiar with the County's coastal environment,
including the coastal dynamics, geology and ecology. We routinely participate in the permitting process
for coastal construction projects and have a strong working relationship with the regulatory agencies. We
will use our extensive project - specific experience, knowledge of historic data and conditions, as well as
our existing and ongoing monitoring information as a basis for our analyses to improve the existing
project's design. Since we have previously designed and monitored many of the County's nourishment
projects, we have the knowledge base to efficiently update the design to achieve the best possible
performance and longevity, resulting in cost savings for Collier County.
The project will be designed based on the performance of previous beach fill projects recent County
guidance and will minimize impacts to environmental resources including swimming and nesting sea
turtles, nesting and roosting shorebirds and nearshore hardbottom resources. Our understanding of the
goals of the County's coastal management program, experience with the permitting process, familiarity
with your specific coastal resources, and our in -house database will enable our professionals to submit a
thorough and comprehensive JCP application. We are also prepared to readily respond to requests for
additional information in order to keep the permitting process moving forward in a timely and cost -
effective manner.
The technical approach for each of the tasks outlined in our business plan summarized as follows:
1. Prepare Joint Coastal Permit Application: $16,523.25
State and federal permits and approvals will be required to implement future beach renourishment projects
in the County. CB &I's team of coastal experts will prepare and submit a Joint Coastal Permit (JCP)
application to the Florida Department of Environmental Protection (FDEP) and the U.S. Anny Corps of
Engineers (Corps) to secure these permits. The JCP application will request a 15 -year permit length under
the new FDEP guidance, and we will request the same permit duration from the Corps in order to
streamline future projects and coordination. The new permit application will be based on the same project
specifications as the previously pennitted project, with a progressively higher and wider berm to
accommodate sea level rise and a longer design life, where applicable. The permit will also allow for a
flexible management regime by authorizing both routine and emergency projects either using an offshore
or upland sand source. A three - phased project will be permitted for full consideration as multi -use during
the 15 -year permit period. The phases will include:
• Routine nourishment
• Emergency nourishment in response to a major storm
• Smaller hot spot nourishment
All phases will be permitted for construction using a hydraulic dredge or via truck haul. The small hot
spot project will allow for fill placement above and below Mean High Water (MHW) in the nearshore
zone, which will allow for quick response during an emergency situation. Sand sources may include
Borrow Area T -1 (previously permitted and located in federal waters), three upland sand mines and
Doctors Pass and Cape Romano. Both major nourishments and multiple smaller nourishments will be
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incorporated into the permit project description. The maintenance dredging of Doctors Pass will be
incorporated into the permit as a supplemental source of beach fill for placement immediately south of the
pass; this will lengthen the project design life in this area and mitigate for hot spot effects.
During the permitting process for the 2013 -14 project, we coordinated extensively with the Bureau of
Ocean Energy Management (BOEM) to obtain a lease to dredge Borrow Area T -1 in federal waters.
Although the 2013 -14 project utilized upland sand instead of Borrow Area T -1, it is unlikely that BOEM
will require a new lease application to dredge this borrow area for the next project. A lease is still being
processed and it will be valid for at least two years once approved. CB &I will update BOEM on the
County's application for 15 -year FDEP and Corps permits, but an application for a new BOEM lease is
not included in this scope of work.
Historic data, reports and documents described in tasks 4 -8 will be assembled into a permit application
package. The cover letter will request expeditious handling and pertinent waivers. The package will
include the 2011 engineering report and the 2014 monitoring report and surveys. Permit sketches will be
developed for inclusion with the JCP application package. The pen-nit sketches will include the beach
design in cross - sectional and plan -view, the borrow area design, and proposed pipeline corridors. The
permit sketches will be on 8.5" x 11" paper and in digital fonmat. This task along with tasks 4 -8 will
include preparation and submittal of the initial permit application and completion items requested by the
agencies.
2. Project Management: $4,004.00
Full project management and administration, including client coordination and status reports, project
planning and management, and scheduling will be undertaken by CB &I to maintain an expedited
permitting process.
3. Pre - Application Meeting: $6,793.25
CB &I has established strong and collaborative relationships with State and federal regulatory agencies
over our 30 year history and we are prepared to coordinate with these agencies on behalf of Collier County.
We have previously assisted Collier County in securing permits for the 2006 and 2013 -14 renourishment
projects and will apply our knowledge and experience to this next project.
Upon receipt of a Notice to Proceed from the County, we will coordinate with FDEP and the Corps in
order to schedule pre - application meetings. Prior to attending these meetings, we will develop a project
description and supporting information that summarize the project history, natural resources in the project
vicinity, and monitoring results that illustrate the success of the previous projects while minimizing
hardbottom impacts. We will coordinate the project description with the County prior to the pre -
application meeting. This information will be submitted to the agencies with a meeting agenda in advance
of the pre - application meetings to allow agency staff ample time to prepare.
CB &I representatives will attend a pre - application meeting in Tallahassee with representatives from
Collier County, FDEP and Florida Fish and Wildlife Commission (FWC). The purpose of this meeting is
to present the proposed project along with any changes from historic projects, identify any areas of
concern, gather agency input on the project and facilitate an expedited permit process.
Following the pre - application meeting with FDEP and FWC, we will coordinate with the Corps office in
Ft. Myers to present our proposed project and obtain feedback from their staff. Representatives from U.S.
Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) may also participate
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in the pre- application meeting. During this meeting, we will summarize FDEP's guidance on their process
for the 15 -year and expedited permit, and will request that the Corps issue a permit for the same duration;
based on informal meetings with the Corps, they are capable of issuing a 15 -year permit. The goal will be
to integrate the Corps process with the newly adopted State permitting procedure for streamlined
coordination.
Following both pre - application meetings, CB &I will prepare and submit a summary of each meeting to
the State and federal agencies for review and comment. This will document the information presented and
decisions made during the meetings for future reference. Ultimately, recommendations will be made to
the County based upon results of these meetings and a path forward will be developed.
4. Prepare Engineering Sections: $17,342.00
CB &I's longstanding experience as one of the County's beach renourishment consultants allows our
engineers to incorporate the in -depth knowledge that we've gained over the years of your coastal program
into the JCP application. CB &I engineers will prepare all applicable engineering sections within the
application while coordinating with our biologists, geologists and CAD /GIS staff to provide a
comprehensive submittal.
An engineering summary will be prepared and submitted with the permit application. The engineering
summary will be supplemental and complimentary to previously submitted reports, including the 2011
engineering and 2014 monitoring reports and the recent permit modification. The summary will detail the
design methodology and all updates to the design from the original project and include results from the
2013 -14 Renourishment Project and the 2013 Doctors Pass Maintenance Dredging. . Using recent
monitoring data, an updated sediment budget will be prepared for the project area. Any trends in MHW or
volumetric changes will be noted.
An updated engineering design will be completed for the beach nourishment project based on the 2003
baseline and the 2011 engineering report. This design will be based upon the templates created for the
2006 and 2013 -14 projects and will accommodate a design life of 6 to 10 years where feasible. Historic
erosion rates will be updated with the latest survey information in order to develop the advanced
nourishment needed at each profile to achieve the 6 to 10 year templates. The permit will create the
flexibility needed for tailoring the size and extent of future nourishments to meet the County's future goals.
The updated design berm elevation will account for sea level rise from inception of the original design and
project it forward to the end of the 15 -year permit life. This will allow the project to account for past and
future sea level rise within the project area.
A general dune and vegetation option will be included in the permit application. The dune option will be
directed towards dune restoration after major storms and dune creation if needed. Dune vegetation will be
planned for the newly restored dunes and to fill in the gaps of existing dune vegetation. Detailed design of
dunes and vegetation will be part of construction plans as needed. In addition to the major engineering
submittals, CB &I will update the project description based upon agency feedback after the pre- application
meeting. It will include both a large volume single construction event and multiple smaller volume events
achieve the design volume A construction methods summary will be developed to account for multiple
construction techniques to provide flexibility for the County's future projects. A construction schedule will
be developed to incorporate the County's desire for both long and short term nourishment projects using
offshore or upland sand sources. Justification for potential impacts to natural resources from construction
of the proposed project will be included within the permit package.
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5. Expedited Handling: $1,795.00
CB &I is experienced in the updated State permitting process and familiar with the new rules. We know
what is expected during the current permitting process, and will apply this knowledge to the County's
permitting needs. We will coordinate closely with the FDEP early in the application process to develop a
list of items required and those not required for submittal based upon repeat projects and the new
permitting rules. If the FDEP requires submittals that we feel should be excluded due to repeat project
rules for expedited permitting, we will coordinate with the FDEP and request justification and guidance.
CB &I will also inform the County if a proposed project feature will increase the time typically required
by the expedited process. We will list criteria for expedited processing under the proposed FS 62B-
49.0055 and describe why the project qualifies on each point.
6. Prepare Environmental Sections: $14,917.00
CB &I biologists play an integral role in the permitting effort for beach renourishment projects and
understand that open communication and a proactive approach are keys for expediting the permitting
process. We coordinate closely and frequently with regulatory agency personnel, maintaining a valuable
cooperative relationship. For example, our familiarity with Collier County's hardbottom resources
combined with our close working relationship with the FDEP resulted in a reduction of the required
biological monitoring for the 2013 -14 Truck Haul Project. We also successfully integrated CB &I and
Collier County resources and staff to conduct the pre - construction biological monitoring survey in 2013
— this combined team efficiently completed the permit required monitoring while once again, minimizing
costs to the County. Additionally, we have recent experience obtaining 15 -year permits under the FDEP
expedited permitting process for beach renourishment projects.
CB &I biologists will prepare the environmental sections of the JCP application for the FDEP and the
Corps, which will include pertinent information regarding wildlife surveys, existing natural resources and
listed and proposed species. Due to our history with the County and our experience permitting previous
Collier projects, we have open lines of communication with County staff as well as biologists in State and
County parks in Collier County. This eases our accessibility to updated environmental information, such
as sea turtle nesting and shorebird data. When preparing the application, we will utilize our in -house
database of hardbottom resources collected for the 2006 and 2013 -14 projects. CB &I biologists have
worked with our Geographic Information Systems (GIS) specialists to create a comprehensive interactive
geodatabase for the County's coastal environment which includes all project areas, coastal structures,
hardbottom and seagrass resources, sand resource areas, monitoring locations, artificial reefs, aerial
photography and laser bathymetry of the entire offshore area. This database is very powerful and provides
quick access to a comprehensive dataset. This readily available information will help expedite the
permitting process and also supports the planning phases and project design to protect natural resources
from potential project - related impacts.
Our biologists have an in -depth understanding of existing regulations and work closely with the Corps,
USFWS and NMFS to evaluate potential project impacts to federally protected species and critical habitat.
We routinely assist the Corps with Endangered Species Act (ESA) Section 7 Consultation and are familiar
with the detailed information they require to complete this coordination, including completion of the
NMFS Section 7 Checklist. We stay involved and informed on potential changes to ESA listings and
coordinate with NMFS and USFWS not only on listed species and designated critical habitat, but also on
those species or critical habitat that are candidate or proposed for listing. By coordinating in advance and
submitting up -to -date and comprehensive data, we can avoid costly delays associated with re- initiation of
consultation due to changes in the ESA status of species or critical habitat.
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We do not anticipate that an Environmental Assessment (EA), Biological Assessment (BA) or Essential
Fish Habitat (EFH) Assessment will be required in support of the permit application. The existing
USFWS State Programmatic Biological Opinion (SPBO) and Piping Plover Programmatic Biological
Opinion (P3BO) along with the NMFS Gulf of Mexico Regional BO (GRBO) for hopper dredging are
expected to support the expedited permitting process. CB &I will advise the County if additional project -
specific consultation is necessary. CB &I biologists will facilitate coordination between the County and
regulatory agencies early in the permitting process in order to ensure that the required environmental data
is provided, and will continue to coordinate with the agencies regularly throughout the process until final
permits are obtained.
7. Prepare Geology Sections: $31,438.00
7.A. Borrow Area T1, Upland Sources & Doctors Pass: $10,261.00
CB &I has investigated available offshore and upland sand sources on behalf of Collier County beginning
with the 2006 Beach Renourishment Project, and successfully located high quality beach compatible
material for use in recent projects. The results of the past geotechnical investigations will be incorporated
into the permit application. For Borrow Area T1, permit sketches and composite tables developed for the
2013 pen-nit modification will be re- submitted for approval and incorporated into the 15 -year permit
application. CB &I will perform compatibility analyses for offshore and upland sand sources to supplement
the geotechnical data submitted within the County's JCP application. The results of existing beach sand
samples along with the compatibility analysis will be included as part of the final geotechnical documents.
There will be no new field work proposed for this task. For upland sand sources, both similar and coarser
mean grains size will be consider for compatibly analysis.
Multiple upland sources will be researched and characterized, in addition to the offshore borrow areas.
This will include recent sand samples and laboratory reports characterizing the sand products' suitability
for Collier County beaches. Permitting multiple upland sources will allow flexibility of sand source options
during emergency nourishment situations. A small report of local sand sources will be prepared along with
an analysis of representative mine samples for use in permitting.
7.B. Cape Romano Shoals Borrow Area Design: 521,177.00
CB &I conducted Phase I, Il and III investigations for a marine sand search in 2007 and 2008 for Collier
County. This included design level geotechnical and geophysical investigations targeting the Cape
Romano Shoals in 2008. We analyzed sediment samples, vibracores and geophysical data from Cape
Romano and determined primary and secondary sand resource areas containing an estimated 900,000 and
2 million cubic yards of sand, respectively. All of the data associated with these past efforts are
incorporated into our in -house databases. CB &I will review the in -house data, design refined borrow area
cuts and prepare pennit sketches and other submittals for FDEP in support of permitting a Cape Romano
borrow area, including a compatibility analysis. No additional field studies or modeling are expected to be
required for permitting of Cape Romano borrow area; therefore they are not included in this fee proposal.
8. Prepare Special Plans: $4,447.00
In order to ensure sediment quality and protect natural resources from potential impacts, the FDEP
requires specific plans to be submitted with the JCP application. CB &I will prepare and submit a
Sediment QA /QC Plan, Physical Monitoring Plan, Biological Monitoring Plan and Turbidity Monitoring
Plan for agency review and approval. We anticipate that current plans can be updated with minor
revisions.
CB &I will prepare and submit a Sediment QA/QC Plan for both offshore and upland sand sources to the
FDEP. CB &I will coordinate with the FDEP to complete the development of a Sediment QA/QC Plan,
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which will be implemented during project construction as a condition of the FDEP permit. The Sediment
QA /QC Plan includes continuous monitoring of the quality of beach fill material in order to ensure the
sand meets State standards. CB &I has developed numerous approved offshore and upland Sediment
QA /QC Plans for beach renourishment projects, including Collier County projects. CB &I will work with
"FDEP staff to minimize sediment sampling at the upland sand mine, which can help reduce the unit cost
for upland sand.
A Physical Monitoring Plan will be prepared for the beach fill site and offshore borrow area, if used.
This plan will monitor for any adverse effects from the project as required by FDEP. CB &I has
developed monitoring plans for the County's past projects and will work with the FDEP for approval of
a plan that is consistent with the County's historic monitoring procedures.
CB &I biologists routinely work with the FDEP to develop effective and appropriate Biological
Monitoring Plans, which are required as permit conditions for beach projects in Collier County due to the
close proximity of nearshore hardbottom adjacent to the Collier County shoreline. Our biologists
developed the monitoring plan associated with the 2006 Renourishment Project and updated the plan for
the 2013 -14 Truck Haul Project. Our understanding of and experience implementing the existing
monitoring plan will ease coordination with regulatory agencies if the current biological monitoring plan
needs updated. We will coordinate with FDEP to ensure that the biological monitoring plan effectively
monitors for project - related impacts due to Collier's beach nourishment projects, as well as potential
impacts from Doctors Pass Maintenance Dredging and /or the Wiggins Pass Maintenance Dredging and
Navigation Improvement Projects. Our familiarity with the nearshore resources and all past monitoring
will allow us to work with FDEP to see that the methodology remains appropriate to achieve study goals
without requiring excessive and expensive additional effort.
A Turbidity Monitoring Plan is required by the FDEP for all beach nourishment projects where
construction activity will occur below the MHW line. CB &I will prepare a turbidity monitoring plan and
request a mixing zone variance in order to meet State water quality standards. A mixing zone variance will
allow a larger zone for the dissipation of turbidity created during beach fill activities. Truck haul sand
placement in the nearshore will be a special focus of this effort. CB &I will coordinate with FDEP staff to
ensure practical means of maintaining project - related turbidity are included within the plan.
9. Respond to Agency Comments /RAI Phase: $16,861.25
Typically, within 30 days following receipt of the JCP application, the FDEP issues a "Request for
Additional Information" (RAI) which outlines what information is still needed in order to complete the
application. This RAI includes comments from FDEP staff as well as any comments from FWC. The
Corps may also submit questions, sometimes on behalf of USFWS and NMFS or to support preparation of
their public notice. CB &I will respond to State and federal agency questions and provide all required data
and information in order to deem the project files complete, allowing the agencies to process and finalize
the permits. Based on the new expedited permitting process, one formal FDEP RAI and several informal
requests for information are expected. We anticipate travelling to Tallahassee one time, if needed. We will
also respond to Corps, USFWS and NMFS questions, and anticipate travelling to Fort Meyers once during
the RAI process.
10. Finalize Permit Application Process: $13,345.25
CB &I will work closely with the agencies to complete the permitting process and obtain both State and
federal permits. CB &I will coordinate with the agencies during this period and provide any last minute
documentation that is requested. CB &I will negotiate permit conditions after review of the draft permit.
We will review permit and Biological Opinion project descriptions and Terms and Conditions for
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accuracy and consistency.
CB &I will have an open line of communication with agencies in order to allow for a timely permit
issuance. Recent experience shows that the Corps and other federal agencies are easily diverted by other
National and State priorities, and we will attempt to keep them on schedule and advise the County when
other actions are necessary to achieve a timely response.
In summary, CB &I is well suited to assist the County with all the required coastal permitting services
related to the topics above, or with any unforeseen tasks that may arise during the term of the contract. We
are committed to providing the County with a high level of service that meets the needs of the County and
to protect your beautiful, prestigious beaches.
The total requested for Tasks 1 -10 is $127,566.00.
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I
Contract # 14 -6228
"Collier County Beach Renourishment 15 Year Permit Engineering Services"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2014 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and CB &I Coastal
Planning & Engineering, Inc., authorized to do business in the State of Florida, whose business
address is 2481 NW Boca Raton Blvd., Boca Raton, FL 33431 (hereinafter referred to as the
"CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
services of the CONSULTANT concerning Collier County Beach Renourishment 15 Year
Permit (hereinafter referred to as the "Project "), said services being more fully described in
Schedule A, "Scope of Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
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1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting services
in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Thomas Pierro, Project Manager, a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf
of the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
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CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act
(218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)), ordinances,
codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Project or the
services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful construction of
the Project.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and /or deficient documents, failure to comply with local, state
and /or federal requirements and /or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all- inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Ordinance and Procedures in effect at the time such
services are authorized. These services will be paid for by OWNER as indicated in Article Five
and Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty -eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
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5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
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be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
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County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self -
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self- insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
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or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
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however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
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12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
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12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
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13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
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Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239 - 252 -8407
Fax: 239 - 252 -6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
CB &I Coastal Planning & Engineering, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Telephone: 561 - 361 -3171
Fax: 561 - 391 -9116
Attn: Thomas Pierro, Project Manager
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
171. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
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17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.8 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
Schedule F
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
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RFP # 14 -6228 Collier County Beach Renourishment 15 Year Permit Terms and
Conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
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entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
r
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for "Collier County Beach Renourishment 15 Year Permit" on the day and year
first written above.
ATTEST:
Dwight E. Brock, Clerk
Date:
Approved as to Form and Legality:
Assistant County Attorney
Name
Witness
Name and Title
Witness
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Bv: --
Tom Henning, Chairman
CB &I Coastal Planning & Engineering, Inc.
By:
Name and Title
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SCHEDULE A
SCOPE OF SERVICES
Contract # 14 -6228 "Collier County Beach Renourishment 15 Year Permit
Engineering Services"
The COUNTY is desirous to permit a comprehensive renourishment program for its beaches
under the new FDEP 15 -year permit rules. The permit application will adhere to essentially the
same project built in 2005 -06 and planned for 2013, which will simplify permit processing. The
project area extends along the Gulf Coast in Collier County, FL between FDEP monuments R -22
to R -79.
Detailed Scope of Work
The purpose of this scope of work is to secure a 15 -year multi -use permit in order to perform
routine or emergency nourishment along Collier County beaches. The multi -use permit will allow
for the COUNTY to be ready for several types of renourishments, including, but not limited to;
routine maintenance, major post -storm restoration, and emergency hot spot nourishment using
both offshore sand source and truck haul from an upland sand source. Borrow Area T1 will be
re- permitted for use as an offshore sand source. The permit will include the use of upland sand
sources to supplement or substitute for an offshore sand source. The template will be a
composite of the 2005/06 and 2013/14 design. The Project will be designed with a 6 to 10 -year
project life, but will accommodate sea level rise during the Project life. The permit application
will request approval for a minimum of two (2) major nourishments from offshore sand sources
supplemented by truck haul projects. In addition, multiple truck haul projects, every couple of
years, using upland sand sources, may be requested as a substitute for dredging from offshore
sand sources. The purpose of this Agreement is to provide the COUNTY flexibility to change
with the dredging market and needs of the COUNTY.
Task 1- Joint Coastal Permit Application:
State and Federal permits and approvals will be required to implement future
beach renourishment before the existing permit expires. Every effort should be
made to seek and secure a 15 -year permit. Evaluation and incorporation of
existing and recently acquired design, geotechnical, and environmental
documentation into a Florida Department of Environmental Protection (FDEP) Joint
Coastal Permit (JCP) application package that presents the information in the
approved agency format. New or additional field investigations or studies should
be minimized and avoided. In addition to descriptive information, the permit
application should include the appropriate sketches and drawings to graphically
describe the Project. The Consultant will provide the draft JCP package to the
COUNTY for review and comment. Electronic copies (Adobe Acrobat PDF format
on CD -Rom) of the JCP application will be prepared and submitted to the FDEP for
distribution and review. One (1) hard and electronic copy of the permit application
will be submitted to the appropriate U.S. Army Corps of Engineers (USACE)
representative responsible for project review and comment. Electronic copies will
be provided to other agencies as needed. The permit application will incorporate
the results of the 2013 nourishment project.
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The permit documents will include information pertinent to beach erosion, beach
performance, environmental setting, design details in permit drawings, sand source
criteria, and any other information deemed important by State and Federal
agencies. The permit will also incorporate information developed in recently
completed geotechnical investigations, engineering studies, and physical
monitoring reports.
Task 2 — Administration:
The Administration task may be used for any of the proposed projects or services
to be covered under this Agreement. Administration may include, but not be limited
to, coordination, meetings, progress and status updates, budget control,
scheduling, planning, internal meetings, and other associated management tasks.
The need for any Administration services shall be determined by the project
requirements.
Task 3 — Pre - Application Meeting:
Coordinate with the County and State and Federal resource protection agencies to
schedule a Project pre - application meeting. Schedule the pre - application meeting
sufficiently in advance to allow those State and Federal agencies responsible for
Project evaluation to attend. Agencies that will be invited include the FDEP,
USACE, National Marine Fisheries Service (NMFS), United States Fish and
Wildlife Service (USFWS), and Florida Fish and Wildlife Conservation Commission
(FWC). The purpose of the meeting will be to describe the design decisions that
the County reached in formulating the proposed Project. Goals of the pre -
application meeting are to obtain agency input on the proposal, identify additional
data needs and concerns, and develop responses to those issues before submittal
of the JCP. By meeting with the agencies before formal submittal of the JCP, the
critical tasks will be identified and criteria needed to process a 15 -year permit. The
FDEP has new rules for repeating nourishment projects that will reduce the
amount of effort required, but they have not been finalized nor formally accepted
by the USACE. One (1) trip to Tallahassee with County staff to meet and
coordinate with the agencies is included in this task. Consultation with the Corps
of Engineers (USACE) in Ft. Myers, Florida, must occur to fully investigate criteria
for an expedited permit process and a 15 -year permit length, and how the Corps
process can be integrated into the new FDEP procedures. The Consultant will
provide recommendations to the County based on the results of these meetings.
Task 4 — Prepare Engineering Sections:
Prepare an updated engineering summary of the Project area that will supplement
previously submitted engineering reports. This summary will analyze recent trends
and contain an updated sediment budget for the area. Update the design based
upon previous design templates and maximize the design life where feasible. The
design will account for historic volumetric and MHW change rates. The design will
propose a progressively higher beach and dune design template in order to
account for future sea level rise. Dune restoration and planting will also be
included within the plan. This design methodology will be documented within the
engineering summary for use in permitting.
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• Along with the engineering summary, the Consultant will prepare a Project and
construction description, Project schedule, impact analysis, and other required
engineering documents and drawings for the permit application. Permit sketches
will be developed and finalized within this task. The permit sketches will include a
plan -view design with corresponding beach profile cross - sections along with
borrow area design.
• Results of the previous engineering, inlet and monitoring reports will be
incorporated into the permit application.
Task 5 — Expedited Handling:
• The engineering report and attachments will make a case for an expedited FDEP
permitting process. The beach nourishment projects that are constructed and
maintained with no substantial changes in Project scope and past performance
indicates that the Projects have met design expectations, and will be used for a
simplified and expedited permitting process under the following criteria:
i. Beach nourishment has been conducted at least once since the initial
construction of the beach restoration;
ii. Physical and biological site conditions have not changed since initial
construction of the Project that would result in a violation of water quality
standards or a significant adverse impact to the coastal system;
iii. Physical monitoring data and analysis has shown the Project has
performed according to design expectations;
iv. The Project has met performance expectations, with due regard for storm
impacts, by maintaining the beach restoration Project through the design
nourishment interval;
v. The advance nourishment fill volume is not greater than the design volume
used in the preceding maintenance events after an allowance for incidental
erosion of the design profile (backshore berm);
vi. Biological monitoring data and analysis has shown no additional adverse
impacts greater than those anticipated by the original permitted project;
vii. For the item vi. above an analysis of actions at Blind Pass will address how
they met FDEP Strategic Management Plan and Interlocal agreement
criteria.
viii. The applicant has conducted and submitted to the Department all the
physical and biological monitoring data and analysis required by permits for
the preceding project.
Task 6 — Prepare Environmental Sections:
Biologists will review and compile updated environmental data (e.g. sea turtle
nesting data, shorebird nesting, and hardbottom resources) that may be requested
by FDEP and /or USACE. This will include pre- construction hardbottom biological
monitoring data collected in August 2013 before the 2013 beach renourishment
project. Coordinate with various agencies to obtain any additional data. No new
field work should be required.
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• Environmental sections of the JCP application, including threatened and
endangered species present, existing natural communities, wildlife surveys,
biological resources, etc., will be prepared by a qualified biologist. Biologists will
also provide additional information for the USACE which may be required for
consultation with USFWS and NMFS, such as the Manatee Biological Evaluation
(USFWS) and the Section 7 Consultation Checklist (NMFS). Assist the USACE in
preparing a public notice, consultation letter and advertising the public notice.
• Based upon recent guidance, it is anticipated that the environmental information
submitted with the JCP application and within the Manatee Biological Evaluation
(USFWS) and Section 7 Consultation Checklist (NMFS) will be sufficient to satisfy
NEPA requirements, including Endangered Species Act Section 7 Consultation
with USFWS and NMFS and Essential Fish Habitat (EFH) consultation with NMFS.
Assume that the USFWS Statewide Programmatic Biological Opinion (SPBO) for
nesting sea turtles and the USFWS P3130 for piping plovers will apply to this
Project. If a hopper dredge is utilized for the Project, then the terms and conditions
from the NMFS Gulf of Mexico Regional BO (GRBO) should be applied. Use of a
cutterhead dredge would require concurrence from NMFS with a "not likely to
adversely affect" determination or a separate BO for this Project. This scope of
work should not include the preparation of a Biological Assessment (BA), EFH
Assessment or Environmental Assessment; it is expected that the environmental
data provided to USACE during the permit application task will be adequate to
obtain all agency approvals. The environmental and biological criteria needed to
justify an expedited permitting process (6213- 49.0055) will be integrated into this
section.
• Environmental, geology, and cultural resources documents developed for
permitting and monitoring from the permit agencies for the Collier project over the
last ten (10) years will be assembled and organize on a CD for use by the permit
agencies. This will provide an accessible reference for agency action on this
repeat Project.
Task 7 - Prepare Geology Sections:
Results of the past geotechnical investigations will be incorporated into the permit
application. Existing permit sketches of Borrow Area T1 should suffice. A
compatibility analysis of the borrow areas will be developed for the permit
application. No new field work is being proposed.
• Design of a borrow area, preparation of permit sketches and assembling
geotechnical data in FDEP format for permitting the Cape Romano sand source
subject to availability of funding remaining in this task order after completion of RAI
No. 1 response. No new research, investigation or analysis is assumed as part of
this task.
Upland sources will be researched and characterized in addition to the offshore
borrow areas. This will include a recent sand sample and laboratory report
characterizing the sand supplier product suitable for Collier County beaches. This
will allow flexibility of sand source options during emergency nourishment
situations. A small report of local sand sources will be prepared along with an
analysis of representative mine samples for use in permitting.
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Task 8 — Prepare Special Plans:
In addition to project- specific engineering and scientific information, the following
items will be required to receive a permit for the Project. These plans will be based
on those prepared for the last permit and will be submitted as data acquisition
allows:
i. Sediment Quality Control /Quality Assurance (QA/QC) Plan: A revised
Sediment QA/QC Plan will be developed and submitted to the FDEP for
review and approval. The new plan will integrate the latest sediment data
from the Project area. Separate plans will be developed for the offshore
borrow areas and upland sand sources.
Physical Monitoring Plan: The physical monitoring plan for the beach and
offshore borrow area will be updated. Monitoring will consist of profile
surveys of the beach and periodic surveys of the borrow areas. The plan
will be submitted to FDEP for approval.
iii. Biological Monitoring Plan: The biological monitoring plan for the beach will
be updated, if needed. Monitoring will consist of various diver investigations
of the nearshore hardbottom habitat. Results of the 2013 pre- construction
dives will be included.
Task 9 — Respond to Agency Comments /RAI Phase:
This task includes preparing responses for one (1) Request for Additional
Information (RAI) from the Corps and FDEP, as well as travel to visit FDEP offices
one (1) time. The FDEP is using an extended information collection period in lieu
of RAI No. 2, which will be covered in this task in conjunction with task 5. The
Consultant will recommend actions to be taken by the County should they be
needed to move the permit process along. After the first set of RAI and reasonable
extended questions period additional RAI will be discussed with County staff to
develop a course of action. Recent physical monitoring results will be provided to
FDEP to supplement the permit application.
Task 10 —Finalize Permit Application Process:
This task may include, but not be limited to: Negotiating Permit and BO
Requirements, Issuance of Public Notice, Response to Comments on Public
Issuance, Coordination of Final Permit Issuance, and providing last- minute
documents to assist agencies in issuing the permit.
This proposed scope of work assumes that the following tasks will not be required
based upon recent guidance: a chapter 62B- 41.008h survey, Environmental
Assessment, Biological Assessment, EFH Assessment, a new Division of Historic
Resources investigation of the beach or borrow area, mitigation plan, modeling,
and other major field investigations or reports. However, should any to the above
referenced tasks be required, they will be allowed under this Agreement as
"Additional Services ". This scope of work does not include County permitting or
other administrative actions. The pending BOEM lease will be good for at least 2
years, and no action will be included towards application of a newer lease. Permit
fees will be provided by the County.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Gary McAlpin, Manager, Coastal Management Programs, CDES, 2800 N. Horseshoe Drive,
Naples, FL 34104, (239) 252 -2966.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
Task
Description
NOT TO EXCEED
AMOUNT:
1
Prepare Joint Coastal Permit Application
$16,523.00
2
Administration
$4,004.00
3
Pre-Application Meeting
$6,793.00
4
Prepare Engineering Sections
$17,342.00
5
Expedited Handling
$1,795.00
6
Prepare Environmental Sections
$14,917.00
7
Prepare Geology Sections:
a. Borrow Area T1, Upland Sources & Doctors Pass
$10,261.00
b. Cape Romano Borrow Area Design
$21,177.00
8
Prepare Special Plans
$4,447.00
9
Respond to Agency Comments (RAI)
$16,961.00
10
Finalize Permit Application Process
$13,345.00
TOTAL FEE Total Items 1 -10
$127.665.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
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CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
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B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1. Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage for trips that are
from /to destinations outside of Collier or Lee Counties. Such trips within Collier
and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
END OF SCHEDULE B.
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Attachment 1
SCHEDULE B
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Standard Hourly
Rate
Principal
$
206.00
Senior Project Manager
$
172.00
Project Manager
$
147.00
Senior Engineer
$
157.00
Engineer
$
123.00
Senior Inspector
$
96.00
Inspector
$
76.00
Senior Planner
$
139.00
Planner
$
110.00
Senior Designer
$
114.00
Designer
$
94.00
Environmental Specialist
$
109.00
Senior Environmental Specialist
$
134.00
Scientist/Geologist
$
93.00
Senior Scientist/Geologist
$
118.00
Marine Biolo ist/H dro eolo ist
$
110.00
Senior Marine Biolo ist/H dro eolo ist
$
138.00
Senior GIS Specialist
$
139.00
GIS Specialist
$
102.00
Clerical /Administrative
$
62.00
Senior Technician
$
85.00
Technician
$
72.00
Surveyor and Mapper
$
120.00
CADD Technician
$
81.00
Survey Crew - 2 man
$
130.00
Survey Crew - 3 man
$
161.00
Survey Crew - 4 man
$
189.00
Senior Architect
$
154.00
Architect
$
121.00
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SCHEDULE C
PROJECT SCHEDULE
Task
C escrip on ,
Cumullative Number of
-
CA116fidar ft I ys qr',
'c9mPletion from Date,
of Notice to Proceed
1
Prepare Joint Coastal Permit Application
120
2
Administration
365
(Ongoing throughout project)
Pre-Application Meeting
30
—3
Prepare Engineering Sections
120
—4
Expedited Handling
120
—5
Prepare Environmental Sections
120
—6
Pre are Geology Sections:
120
—7
a. Borrow Area T1, Upland Sources & Doctors
Pass
120
b. Cape Romano Borrow Area Design
120
Prepare Special Plans
210
—8
Respond to Agency Comments (RAI)
210
—9
10
Finalize Permit Application Process
365
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
X_ $100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X_ Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following,
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
—X—General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X_ Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X_ Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
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$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, CB &I Coastal Planning & Engineering, Inc., hereby certifies that wages, rates and
other factual unit costs supporting the compensation for the services of the CONSULTANT to be
provided under the Professional Services Agreement, concerning "Collier County Beach
Renourishment 15 Year Permit" are accurate, complete and current as of the time of
contracting.
CB &I Coastal Planning & Engineering, Inc.
BY:
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
}
Thomas Pierro
Senior Project Manager
5%
Stephen Keehn
Senior Engineer
10%
Tara Brenner
Engineer
30%
Julien Devisse
Engineer
15%
Mike Lowiec
Surveyor & Mapper
5%
Lauren Floyd
Senior Marine Biologist
30%
Kristina McCoy
Senior Geologist
10%
Leah Colombo
Geologist
10%
Gary Krystyniak
CADD Technician
15%
Heather Vollmer
GIS Specialist
5%
Tracie McCauley
Clerical
5%
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