Agenda 06/26/2012 Item #11C,) ` lie-
EXECUTIVE SUMMARY
Recommendation to approve award of Contract 11 -5772 for Collier County 2013 -14 Beach
Renourishment Project Design Engineering and Permitting Services for Renourishment of
Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples Beaches to Coastal Planning and
Engineering in the amount of $848,554 and authorize the Chairman to sign the standard
County Attorney approved contract.
OBJECTIVE: To recommend award of Contract 11 -5772 to Coastal Planning and
Engineering in the amount of $848,554 to move forward with the Collier County 2013 -14 Beach
Renourishment Project.
CONSIDERATIONS: At the BCC April 10, 2012 meeting the shortlist of firms for contract
negations for RFP No. 11 -5227 "Beach Renourishment Engineering Services" was
recommended for approval. Coastal Planning and Engineering was ranked number 1 for the
Beach Renourishment for Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples Beach.
The scope of work detail the tasks required to bring the 2013 -14 project to construction. The
tasks include coastal engineering, design, bathymetric and land surveys, marine geology, biology
and modeling. The principal products will be modeling results, plans and specifications of the
selected alternative, a comprehensive permit modification, various environmental documents and
monitoring plans.
ADVISORY COMMITTEE RECOMMENDATIONS: At the May 11, 2012 CAC meeting
this item was unanimously recommended for approval by a 6 to 0 vote.
At the May 29, 2012 TDC meeting this item was recommended for approval by a 4 to 2 vote.
FISCAL IMPACT: Funding for this project will be from Tourist Development Tax, Fund 195.
It is estimated that the design and pre - construction activities (coastal engineering, design,
bathymetric and land surveys, marine geology, biology and modeling) for this project to be
$1,098,000. The current contract price with contingency tasks identified, priced and included in
the total is $848,554. A preliminary/partial funding request of $600,000 was approved in Fiscal
Year 11/12. Additional funding to complete this is activity, in the amount of $490,000, is
included in the FY 12/13 proposed budget.
The cost of the next major beach renourishment for Barefoot, Vanderbilt, Clam Pass, Park Shore
and Naples beaches is dependent upon available funding, project approach and project scope.
Given that a project scope with a construction cost range of $20 million to $30 million is
contemplated, it is important to note that major renourishment set aside policy was established
on a $20 million project scope constructed every 10 years. In FY 2014 we will be in the 8th year
of the renourishment set aside cycle. Renourishment Reserves will be $16 million and
Catastrophe Reserves will be $5.5 million. Even though TDC Beach Renourishment Fund
(195)'s current cash position is strong, set aside dollars earmarked for renourishment are not
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sufficient to fulj)r fund G S26 miliioL project. "Funding from new grant monies. avaiiabie paN - -gc
funding and some Catastrophe Reserves will be required.
Using today's dollars, the total cost to replace the asset is $20,000,000 to $30,000,000. The
project has an expected life expectancy of 10 years generating a hypothetical annual depreciation
cost of $2 to $3 million.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: To approve award of Contract 11 -5772 for Collier County 2013 -14
Beach Renourishment Project Design Engineering and Permitting Services for Renourishment of
Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples to Coastal Planning and Engineering in
the amount of $848,554 and authorize the Chairman to sign the standard County Attorney
approved contract.
PREPARED BY: J. Gary McAlpin, P.E., Director, Coastal Zone Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C.
Item Summary: Recommendation to approve award of Contract 11 -5772 for Collier
County 2013 -14 Beach Renourishment Project Design Engineering and Permitting Services for
Renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples to Coastal Planning
and Engineering in the amount of $848,554 and authorize the Chairman to sign the standard
County Attorney approved contract.
Meeting Date: 6/26/2012
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
5/30/2012 9:55:12 AM
Approved By
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 5/30/2012 10:52:43 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/1/2012 1:31:12 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/3/2012 4:09:55 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 6/4/2012 7:41:49 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/4/2012 1:08:53 PM
Name: Carnell.Steve
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Title: Director - Purchasing /General Services,Purchasing
Date: 6/5/2012 11:44:45 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 6/7/2012 1:41:39 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/14/2012 4:31:17 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/18/2012 2:38:34 PM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 4:02:15 PM
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6/26/2012' fter,
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b;2.�,21,i_ IIe7l ",
Contract t,` `r -E;
IJesi, Engineering and Permitting Services for R - nounsnment of the Barefoot,
gn
Vanderbilt, Clam Pass, Park Shore, and Naples Beaches
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2012
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
Coastal Planning and Engineering, Inc. authorized to do business in the State of Florida,
whose business address is 2481 NW Boca Raton Blvd., Bdca Raton, Florida 33431 (hereinafter
referred to as the "CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design, Engineering and
Permitting Services of the CONSULTANT concerning Re- nourishment of the Barefoot,
Vanderbilt, Clam Pass, Park Shore, and Naples Beac es (hereinafter referred to as the
"Project "), said services being more fully described in Sch6dule 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:
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ART IC..L=
CONSULTANTS R=SP3NSlDl::
1.1. CONSULTANT shall provide to OWNER professional Design, Engineering and Permitting
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 Stephen Keehn, P.E. 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
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6,20-120"2 Item
whaieve'' time i. requires i,- saysi'a^tom\' manage the services to be proviaec an: performed DN
the CONSULTANT nereunaer. Tne Froje -M Coord(Inato, snai no. De remove: n`
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 sub onsultants 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 person el 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 h reunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuan 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 the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, includ ng the Florida Building Code where
applicable, which regulate or have jurisdiction over the roject 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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i The Count- reserves the right tc deduc" Portion: of the (monthly` invoiced' Oasi;
amount for the foliowing: T asKs no compiered within the expressed time frame, inciudind
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 Digital Exchange File (DXF) 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
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,erir�rr
62-1201') Item
common naming conventions G.e. right -o! -way - ROVE`, cen riine -Cam., eage-o pavement -
EOF, etc;, anc adnere t4 inaustry stanaarc CA_F soecificati n:..
ARTICLE TWO
ADDITIONAL SERVICES OF CO SULTANT
If authorized in writing by OWNER through a Change Ord�r 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 A tith itional Services shall be set forth in
the Amendment authorizing those Additional Services. respect to the individuals with
authority to authorize Additional Services under this A reement, such authority will be as
established in OWNER'S Purchasing Policy and Administ tive 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 endangIring life or property, any Additional
Services must be approved in writing via an Amendment tc 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 cbtain 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 nder this Agreement. The following
services, if not otherwise specified in Schedule A as part f Basic Services, shall be Additional
Services-
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2. 1. Preparation of apoiications and supporting documents (except those
ose aireadv io be fuisnec
unaer this Agreement) for private or governmental grants, loans, oonc issues or advances r-
connection with the Project.
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.
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2.8. preoarinc tc serve c` serving as e —_.0 N LJ_ 1 AN T o, witness fo' O\!YN R it any litigatior..
O, otner lega, o, aaministrative proceeciin ;, invoivinc tnc- " rOieot (except To' asslstan:.e it
consultations which are included as part of the Basic Services to be provided herein).
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;
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01- 0/2011 lie
(b' ) Provide all criteria an^ information reauestec by CONSU'L T AK17: as to OWIi =?
requirements fo- the Projec' including aesigr. objectives anc constraint:
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(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
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6!25!2012 Iter -I
commencement of suc- dela\ statln; the soeoitic : ause oause: therefl ; or- be oeemec is
nave waiver, any righ-. wnicr CONSULTAN7 may nave ha to request c time e; tension for tha:
specific delay.
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 Dama y p rovision. This paragraph shall
expressly apply to claims for early completion, as well s claims based on late completion.
no fault or neglect of CONSULTANT the services to be provided
Provided, however, if through g P
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
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oeeme: 2 waiver of any right o- ciairr . OWNEF. may have against CONSULTANT for delay o-
any otner camages hereunder.
ARTICLE FIVE
COMPENSATION
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, Auto CADD 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.
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Its "
Y �
ARTICLE SEVEN
I\4AINTEN ,N0_= 0: RECD, DC
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
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, C NSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any a d all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' f :rongful es and paralegals' fees, to the extent
caused b the negligence, recklessness or intentional) conduct of CONSULTANT or
Y Y
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 8.1.
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.
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9. ,i
,l insurance ooiicies required by this Agreement shat! inciuoe tne_ foliowing provisions
and conditions by endorsement to the policies.: is
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 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 coverages 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.
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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n<
or use of the service: o;' any other person or firm by ONS'J!_7ANI7, as independent consul�an'.
or otherwise, snap be: subiect to the prior writter, approval of the OWNER. No provisior: of tnis
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.
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i
10.4 ::ONSULTAN- acrnowieages and agreas trG. OWNEF, is E thin party beneficiary o`
eacr E contras: entered into between CONSULTANT and each subconsultan or subcom.- aczo-.
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
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•
Agreement, In wnole o- Ir, nar., by giving the 1 3NSU! TAK7 seven (, calenaa- cad': wr i e
notice of the material deraul.
1
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 tc 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 cos s 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, drawing, 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 t�e services to be rendered hereunder
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are so suspender, the CONS U_TANT'S sale anc exciusiva- r emea snal! be tc seei- ar
extensior. of time to its scheduie in accorcance with the proceaures set Torth in Article Fou- •
herein.
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 .
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CONSULT AK , am ie=., commissio-, percentage, oif o� am othe` Consideration contingent
upon o, resuiiinc irom tnE awara or mamirig of this wgreemem.
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 w ge rates and other factual unit costs
supporting the compensation for CONSULTANT'S s rvices 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 on (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTERESIT
14.1. CONSULTANT represents that it presently has no i terest and shall acquire no interest,
either direct or indirect, which would conflict in any man er 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
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o2oi2C'� _
I
16.1. Ali notices reauirec o- made pursuan- to thi; . Agreemen to b =- given by the CONSUL T.Alt_
to the OWNER shall be in writing and shah be deiiverec by nanc, by fa >:, or oy United StateE
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markiewicz, Interim Purchasing /General Services Director
Fax: 239 - 732 -0844
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:
Coastal Planning and Engineering, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431 •
Telephone: 561- 391 -8102
Fax: 561 - 391 -9116
Attn: Stephen Keehn, P.E.
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
17.1. 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.
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17.3. This Agreemem is noi assignabie c- otherwise transte6 able it whole c' in car. b�
CONSULTANT without the prior writter, consent of OWNER.
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.
17.9 The terms and conditions of the following Schedules 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
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i 20% 2(')6 _ itei I -
Soheduiv = TRUTH IN NEC„- , -,TIDK C=_R IFIZ;ATE
Schedule KEY PERSONNEL, SUBCONSU'LTANTS AND
SUBCONTRACTORS
RFP # 11 -5772 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:
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"�-. Dersor, affiliate: wn.. ha: Deer, oiacec on the convicted vendor Ifs:
rollowinc a conviction fo7 E aubii: entity crime may no submi. a bir-
proposal, or reply on a contract to provide any goods or services to a public
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 enti4, in excess of the threshold
amount provided in s. 287.017 for CATEGOR 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 esolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified b 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 or er requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to thi� 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 21
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IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formaliv •
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
sea. 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.
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6126/20"L Iter
IK WITNESS WHEREOF. the parties herei_ have execute: this Professional Service:
Agreement for the orofessiona Desiar:, 1-naineerinc anc "ermittinc Services of the
CONSULTANT concerning Re- nourishment of the Baretoo , Vanderbil`,, Clare Pass, Park Shore,
and Naples Beaches on the day and year first written abov .
ATTEST:
Dwight E. Brock, Clerk
Date:
Approved as to form and
al sufficiency:
Cott R. Teach
Deputy County Attorney
Witness
Typed Name
Witness
Typed Name
BOARD O� COUNTY COMMISSIONERS FOR
COLLIER OUNTY, FLORIDA,
Bv:
Fred W. Coyle, Chairman
Coastal Planning and Engineering, Inc.,
Typ d Name and Title
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Scheduie 4,
SCOPE OF SERVICE:
This scope of work details the tasks required to bring the 2013 -14 project to construction. The tasks
include coastal engineering, design, bathymetric and land surveys, marine geology, biology and modeling.
The principal products will be a design, modeling report, plans and specifications of the selected
alternative, a comprehensive permit modification application, preparation of environmental documents
and monitoring plans, and other technical products.
This scope of work divides the tasks into 2 phases: Phase I- Permitting and Design and Phase II- Pre -
Construction and Contingent Tasks. Phase I tasks will begin immediately upon approval of the work by
the County. Phase II tasks will start upon individual notice to proceed from the County. Contingent Tasks
include those tasks that are not anticipated at this time, but may be required during the permit process.
During - construction tasks are not included in the Scope of Work.
During initial implementation of this work, the top priority will be to prepare documents in support of the
beach renourishment project minor permit modification request and documents needed to assist BOEM
with coordination needed to obtain a lease for Borrow Area T1. An updated Hardbottom Biological
Monitoring Plan, which will cover not only the beach project, but also Doctors Pass and Wiggins Pass,
will be submitted with the beach renourishment project minor permit modification request. Submittal of
the updated Plan will initiate coordination with FDEP to develop the final monitoring plan. This FDEP
coordination may play a significant role in the final design of the beach project. The permit modification
for the Collier County Beach Renourishment Project will request a second nourishment project to occur
under the current active FDEP permit. The modification will also request the construction window be
extended to September 15 — May 30, which will allow for flexibility during the construction and bidding
phases. Obtaining these permit modifications would enable an early bidding period before the expiration
of the existing permits. A Biological Assessment (BA) and supplemental Environmental Assessment (EA)
will also be completed to support initiation of the BOEM lease process, per coordination in an April 24,
2012 telephone conference with BOEM. Preparation of these documents will support a pre - application
meeting and coordination with the permit agencies. Based on this coordination, final design, modeling
and permitting will move forward.
The enclosed scope of work details the development of the final engineering, design, preparation of
environmental documents and permit modifications for the County's next major nourishment project.
PHASE I: PERMITTING AND DESIGN
1. ADMINISTRATION
The project manager will be responsible for general project administration with assistance from other
staff as appropriate. Administration tasks included client coordination, progress and status updates,
budget control, scheduling, planning, internal meetings, and other associated management tasks
required to complete the project in a timely fashion.
2. COORDINATION PHASE
a. Pre - Application Meeting/Coordination with FDEP, USAGE, and BOEM • i
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Stai= and iedera: nermii modification and approval:, will be required is modi:�,, Collie-
County's beach renourishmenn program:. This tast_ will cover meetinc with the agencies prio.
to submitting the permit modification package in order to inform all parties of the project's
intent which will aid in expediting the renourishment project. Pre - application coordination
with the FDEP will be required in order to expand the construction template. This coordination
should -be done as soon as possible to negotiate an agreement on the 2013 -2014
Renourishment Project. This phase of the project will include discussion with FDEP regarding
the updated Hardbottom Biological Monitoring Plan.
b. Submit Minor Permit Modification Requests
In order to prepare for the major permit modification request, two permit modifications will be
submitted to the FDEP and USACE. The permit modifications will be for the Collier County
Nourishment Project (JCP Permit No. 0222355- 001 -JC) and the Doctors Pass Maintenance
Dredging Project (JCP Permit No. 0235740- 001 -JC).
i. Doctors Pass Permit Modification Request
A permit modification for the Doctors Pass Maintenance Dredging project will be
requested in order to modify the current Doctors Pass disposal area. The disposal
area for Doctors Pass maintenance dredging events will be returned to the area
immediately south of the pass, using the permitted beach template from the 2005
beach nourishment permit. Bypassing the dredged sand closer to the Pass will help
to lengthen the design life of the fill in this area and mitigate directly the hot spot in
this region, with the aid of other coastal protection methods. One RAI cycle is
expected and included with this task.
ii. Beach Renourishment Permit Modification Request with Updated
Hardbottom Biological Monitoring Plan
The permit modification for the Collier County Nourishment Project will request a
second nourishment project to occur under the current active FDEP permit. The
modification will also request construction from September 15 — May 30 (during a
portion of sea turtle nesting season), which will allow for flexibility during the
construction and bidding phases. Agency coordination will be provided in order to
expedite the permitting process. One RAI cycle is included with this task.
Biologists will prepare an updated Hardbottom Biological Monitoring Plan based
on a review of the monitoring methods and results from hardbottom monitoring
associated with the 2006 Collier County Beach Renourishment Project. An updated
Hardbottom Biological Monitoring Plan, which will cover not only the beach
project, but also Doctors Pass and Wiggins Pass, will be developed using the
current proposed design for the upcoming 2013 -14 Collier County Beach
Renourishment Project (including estimated Equilibrium Toe of Fill). The design
will avoid direct impacts to hardbottom from fill placement and indirect impacts
from offshore and downdrift spreading.
The Hardbottom Biological Monitoring Plan will be designed to detect potential
impacts to nearshore hardbottom habitat that could result from the 2013 -14
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&'26/20`1 ft °r- , .
renourishmem Drojec. it ar. effor, t, maimaiL continuity with the moniio:i�i
conductec. for th-z 200c proiec-.. ttie Pian will incornorat_ simiia- methodoio=ie .
used ir_ previous monitoring. However, we might recommend tna: FDEP consider L
modification to these methods if it seems warranted in order to improve the
effectiveness and efficiency of the monitoring program. CPE biologists will assist
Collier County with FDEP coordination throughout the development of the
Hardbottom Biological Monitoring Plan. The Hardbottom Biological Monitoring
Plan will be submitted to FDEP BBCS with the permit modification request for
review and approval.
3. INVESTIGATION AND RESEARCH PHASE
a. Prepare 2010 Lidar Bathymetric Map
LiDAR data for the offshore and upland areas will be gathered from National Oceanographic
and Atmospheric Administration (NOAA), the U.S. Army Corps of Engineers (USACE), and
other sources. The data will be processed using CPE's in -house programs and expertise that
will create representations of the offshore bathymetry and beach topography, including the
hardbottom, for Collier County in the form of a bare earth digital elevation model (DEM).
The LiDAR- derived DEMs will guide our decisions on how to design this specific project.
The recent 2010 LiDAR will be used. It will be supplemented with past LiDAR and
bathymetric surveys as needed.
CPE will use custom filters to accurately remove vegetation and infrastructure while
preserving the complex geomorphology found in coastal environments. The bathymetric and
topographic elevations will be compared to recent beach profile surveys and adjusted where
appropriate.
The area of coverage will extend approximately from the dunes and offshore to approximately
-20 foot depth contour based on the 2004 LiDAR data extents. The DEM will extend from
FDEP Monument R -9 south to Gordon's Pass. The bathymetric and topographic map will
show pertinent infrastructure, FDEP R- monuments, the location of the existing outfalls and the
edge of the nearshore hardbottom from recent side scan sonar and diver survey of the bottom.
The map will be used as the basis for design and monitoring.
b. Pipeline Corridors and Operational Areas Investigations
Two new pipeline corridors and two operational areas will be planned in areas containing
unconsolidated sediment, avoiding impacts to hardbottom habitat and artificial reefs. The
investigation may include a cultural resources survey and report as a precaution to a Division
of Historic Resources (DHR) new initiative. The DHR is currently considering a proposal
that would require a cultural resources survey for all pipeline corridors in addition to mapping
the natural resources. This portion of the pipeline corridor survey is covered in the
contingency portion of this contact. Coordination with DHR will occur to determine if it is
required.
i. Sidescan Survey
CPE will review existing data in order to plan potential pipeline corridor and
operational area locations, to be compatible to the maximum extent practical with
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6, 26% 2l` 1 ? I Lev: ...-
previous su-veNTs. _nest area: vdl. ther b_ investigated further with Z sidesca:
sonar su-ve This tasr include: G two ca, siciescar. survev of two (2'� )ineiint
corriaors a, Barefoo, Beach anc Clan Vass Lar: anc two ( opera7 ionai /fired=:
work areas.
The survey control and accuracy standards will be consistent with FDEP
specifications. A report from the surveyor will be submitted certifying that the
survey meets Bureau of Beaches and Coastal Systems (BBCS) Technical Standards
established in Part II.A of section 01200 in the BBCS Monitoring Standards for
Beach Erosion Control Projects, March 2004 and minimum technical standards of
Chapter 61 G17 -6, Florida Administrative Code.
Sidescan Survey Equipment:
Navigation System. A Trimble Real Time Kinematic Global Positioning (RTK
GPS) system with dual frequency receivers will be used on board the survey vessel
to provide navigation and tide corrections. In order to maintain the vessel
navigation along the profile lines the Hypack Inc.'s hydrographic system Hypack
2012® will be used. This software merges RTK GPS vertical and horizontal
positioning with the sounding data. It also provides navigation to the helm to
control the deviation from the online azimuth.
Sidescan Sonar Survey. An EdgeTech 4200 -HFL sidescan sonar system (or
equivalent) will be used to collect sidescan sonar data over the entire area of
investigation. The 4200 -HFL uses full - spectrum chirp technology to deliver wide -
band, high- energy pulses coupled with high resolution and high signal to noise ratio
echo data. The portable sidescan package includes a laptop computer running the
Discover® acquisition software and a 300 /600 kHz dual frequency towfish running
in high definition mode. The sidescan sonar can be used to identify hardbottom
habitat based on its reflective signature.
Sidescan Data Analysis:
The EdgeTech Discover data acquisition system collects and stores geophysical
survey data in a digital format. EdgeTech's Discover is a modular acquisition and
processing software package that is compatible with all of EdgeTech's systems.
Hardcopy records will be produced during data acquisition.
The digital sidescan data will be merged with positioning data (RTK GPS via
HYPACK 20129) will be recorded to the acquisition computer's hard disk for post
processing and/or replay. The position of the sensor relative to the RTK GPS
antenna will be documented to enable proper positioning of the data.
Sidescan sonar will be processed using the SonarWiz.MAP software package
developed by Chesapeake Technologies Inc (or equal). SonarWiz.MAP also
produces digital geographic information for sidescan data that are exportable for
incorporation into a GIS database. All sidescan sonar, and bathymetric data will be
processed and interpreted by CPE personnel.
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?,,
ii. Diver investigation
Foliowing the analysis of the sidescan date., diver verified groundtruthing will be conducted tc
investigate features mapped by the sidescan sonar investigation that may be habitat or natural
resources. CPE divers will conduct investigations by diving on the edge of the hardbottom or
patches while towing a buoy equipped with a DGPS antenna and attached by a cable to a
Trimble AgGPS system on the survey vessel. The positioning data will be recorded. Based on
the diver hardbottom investigations within the corridors and operational areas, the sidescan
data reduction will be finalized and the location of the pipeline corridors and operational areas
will be determined. Results from the diver investigations will be added to the GIS database
and CADD files. This survey will be combined with the northern hardbottom investigations
described below. The entire survey is expected to require three (3) to four (4) field days.
c. Northern Hardbottom Investigations
The area north of Wiggins Pass will be investigated in order to map and characterize existing
hardbottom resources. A sidescan sonar survey will be conducted north of the Pass (from R -9
to R -17, to a distance of 1,000 feet offshore). Sidescan sonar data will be used to verify the
unconsolidated sediment surface and to map ocean bottom features such as hardbottom habitat.
Hardbottom features will be classified as high or low relief, isolated rock outcrops or by
equivalent descriptor for use in mapping the hardbottom edges.
If the sidescan survey documents areas of suspected hardbottom, biologists will map the extent
of each hardbottom formation and collect baseline benthic data on these resources. Data
obtained during these studies will be used to delineate those hardbottom resources which may
have the potential to be impacted by the 2013 -14 Beach Nourishment Project. If any impacts
are anticipated, these data will serve as the basis for monitoring and mitigation plan
development.
i. Sidescan Survey
The sidescan sonar survey will be conducted using the equipment and methods
described in Task 3b. It is anticipated that the sidescan sonar survey will be
conducted over the course of one (1) day, following the corridor and operational
areas survey.
ii. Diver Investigations
CPE divers will map the resources by following the edge of the hardbottom while
towing a buoy equipped with a DGPS antenna and attached by a cable to a Trimble
AgGPS system on the survey vessel. The positioning data will be recorded. Based
on the diver hardbottom investigations, the sidescan data reduction will be
finalized.
After mapping existing hardbottom resources, CPE divers will conduct a benthic
characterization. The number of transects and quadrats to be assessed will be
coordinated with FDEP and will be determined based on the amount of hardbottom
documented during mapping investigations. Data collection along monitoring
transects will likely include: line - intercept and point - intercept for sediment, benthic
characterization, and video and photographic documentation.
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6"21"E"2) C, ; _ Itom.
,'_liver. investigation. (mapping anc nenthic characterization) wil' be combined wit:.
tn,:-, groundtrutmng su-vev of the pipeline corridors an operationa'_ areas aescriee-I
above. The entire survey is expected to require three (3) to four (4) field days. This
task also includes data entry and preparation of an observation report for FDEP
summarizing the survey methods and results.
d. Beach Sample Collection and Analysis
Beach samples will be collected from five (5) beaches including Barefoot Beach, Vanderbilt
Beach, Clam Pass Park, Park Shore and Naples Beach. Three (3) samples will be collected
from the dry beach at each location. Prior to sample collection, CPE will conduct a search to
identify whether or not samples were previously collected from these beaches since the 2006
nourishment project. The sample locations will coincide with the site of previous samplings
and will be used to support design of the new beach. The sample collections will occur with
other survey task.
Table 1. Mesh sizes to be used for granularmetric analysis.
No.
Size (phi)
Size (mm)
_Sieve
3/4
-4.25
19.00
518
4.0
16.00
7/16
-3.5
11.20
5116
-3.0
8.00
31/2
-2.5
5.60
4
-2.25
4.75
5
-2.0
4.00
7
-1.5
2.80
10
-1.0
2.00
14
-0.5
1.40
18
0.0
1.00
25
0.5
0.71
35
1.0
0.50
45
1.5
0.36
60
2.0
0.25
80
2.5
0.18
120
3.0
0.13
170
3.5
0.09
200
3.75
0.08
230
4.0
0.06
Mechanical Sieve Analysis
The sediment samples will be analyzed to determine color and grain size distribution. During
sieve analysis, the wet, dry and washed Munsell colors will be noted. Sieve analysis of the
sediment samples will be performed in accordance with the American Society for Testing and
Materials (ASTM) Standard Methods Designation D 422 -63 for particle size analysis of soils.
This method covers the quantitative determination of the distribution of sand size particles. For
sediment finer than the No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation
D 1140 -00 will be followed. The sieve stack used for mechanical analysis will conform to the
BBCS guidelines provided in Table 1.
Weights retained on each sieve will be recorded cumulatively. Grain size results will be
entered into the gINT® software program, which computes the mean and median grain size,
sorting, silt/clay percentages for each sample using the moment method.
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I I
Carbonate T esting
Approximately hal- of the beacr sampies wil be testec fo: caroonatt contem. Carbonate Aft
content will be determined by percent weight using the acid leaching methodology described
in Twenhofel, W.H. and Tyler, S.A., 1941. Methods of Study of Sediments. New York:
McGraw -Hill, 183p.
4. DESIGN SURVEY
This task will be completed by another County consultant and will be provided to CPE.
5. FILL DESIGN AND PLANS
a. Update Design Volume and Fill Distribution
Using the recommendations from the conceptual design report and guidance from the County,
the design volume and fill distribution will be updated based upon the 2012 survey performed
by Atkins, Inc. for the County. The design will address the concerns and suggestions listed in
the FDEP memorandum dated December 2, 2011. The design volume will account for current
and historic volumetric and MHW change rates. The renourishment interval will be increased,
if possible, while avoiding impacts to natural resources. The design will propose a higher and
wider beach with an extended project life that can be accomplished with no impact to
nearshore hardbottom.
b. Develop Equilibrium Profiles
Using the design volume from Task 5a, the design equilibrium profile will be developed using
the Equilibrium Profile Method (EPM) at each profile line and intermediate profile line. The
corresponding equilibrium toe of fill will be located at each profile. For the new project areas
at Clam Pass Park and Barefoot Beach, the equilibrium profile will be determined through the
use of their respective grain size. The design profile will be based on an analysis of
monitoring surveys taken from 2006 to 2012.
c. Plot Seaward Limit of Fill and Perform Impact Analysis
The equilibrium toe of fill will be projected onto Lidar bathymetry. This phase will account
for the initial equilibration of the profile and spreading. Spreading will be derived from the
Unibest model (Deltares). The design template will be modified within this phase with the goal
of avoiding direct impacts to hardbottom. A buffer distance will be established between the
equilibrium toe of fill and hardbottom.
d. Finalize Beach Fill Design Template
This final design will be developed through an iterative process which accounts for the
equilibrium toe of fill locations, spreading, and location of the beach fill in comparison to the
hardbottom. A recommendation will be made for structural modifications within the final
design, which will either remove or modify the existing northern groins in the Naples and Park
Shore Reaches.
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e. Modeiinr
Modeling which was initiated during the conceptual report preparation will be finalized with
this task. The modeling will assist with the design method described above.
i. Model Final Beach Design Using Unibest
The performance of the beach fill design(s) to be permitted will be simulated in the
Unibest model. The No Action scenario will also be simulated using Unibest model
as a contrast. This scenario will be updated to incorporate the most recent beach
surveys.
The Unibest model will use a wave climate developed based on Collier County
Conceptual Renourishment Project Analysis - Numerical Modeling (CPE, 2011),
however, the definition of the wave climate will be updated in order to include the
seasonality in the simulations (Southwest and Northwest wave dominance) and
some sensitivity analysis. The performance of each scenario will be evaluated along
the three different sectors of the beach and for the nourishment time interval of 10
years. The Park Shore reach will be run with and without northern Park Shore. The
model results will be presented in a report which details the modeling effort and
addresses FDEP comments on the 2011 Conceptual Renourishment Project
Analysis from their December 2, 2011 memorandum.
ii. -Model Final Beach and Ebb Shoal Design Using Delft3D at Barefoot Beach
Barefoot Beach will be nourished as part of the 2013 -14 re- nourishment project
using approximately 100,000 cy of sand from Borrow Area T1. A portion of the
sand will be placed on the beach, with the remainder placed in the ebb shoal. The
Delft3D modeling suite will be used to evaluate the performance of up to 4 beach
fill and ebb shoal disposal alternatives for Barefoot Beach. These simulations will
use the model setup developed and calibrated for Wiggins Pass in 2009 and 2010.
The simulations will be conducted to evaluate the medium -term (4 years)
performance of each alternative. The model will consider the wave climate and the
tidal flows through Wiggins Pass to account for the morphology evolution of the
different scenarios. The benefits /impacts associated to each alternative will be
evaluated along the adjacent beaches and in the navigation channel. The results of
the numerical modeling will be incorporated into the engineering report and permit
modification request. The Barefoot Beach nourishment will complement the
Wiggins Pass inlet management strategy.
6. FINALIZE ENGINEERING REPORT
The design method described above will be document in an engineering report for use in permitting
and coordination. The basis of the wider and higher beach design which avoids hardbottom habitat
impacts and provides a 10 year design life will be described and documented.
7. OBTAIN BOEM LEASE FOR BORROW AREA TI
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a. Prepare Suppiemental Environmental Assessment (.oi
It is necessary to obtain a lease from the Bureau of Ocean Energy Management (BOEM) for
use of Outer Continental Shelf (OCS) sand from Borrow Area T1, which is located within the
federal waters of the United States. As a prerequisite for this lease, BOEM requires that the
2005 Environmental Assessment (EA) be updated in order to comply with the National
Environmental Policy Act (NEPA). NEPA requires federal agencies to consider environmental
impacts during their decision making process for major federal actions, such as borrow area
development of a federal mineral resource. An EA is a public document that provides
supporting reasons and analyses for determining whether to prepare an Environmental Impact
Statement (EIS) or Finding of No Significant Impacts (FONSI). If necessary, it also considers
and selects measures for mitigating identified adverse environmental impacts.
An EA was prepared in coordination with BOEM (formerly Minerals Management Service)
and submitted in 2005 in preparation for the 2006 Collier County Beach Renourishment
Project. Based on discussions with BOEM during two conference calls (November 1, 2011 and
April 24, 2012), BOEM has determined that a "supplemental" EA (an updated version of the
2005 EA) is required to meet NEPA requirements. Based on their review the 2005 Collier
County EA, BOEM will provide specific guidance on which information will need to be
updated for the next project and how the updated EA should be formatted.
CPE will develop a Draft Supplemental EA in coordination with BOEM. Following review by
BOEM and receipt of comments, a Final Supplemental EA will be developed and submitted.
Once the EA has been reviewed and BOEM signs the Finding of No Significant Impact
(FONSI), the lease agreement for use of Borrow Area T1 can be processed.
b. Assist with Processing BOEM Lease •
During processing of the BOEM lease agreement, CPE will provide assistance to the County
in answering questions, providing additional documentation to BOEM and reviewing the final
BOEM lease stipulations for accuracy.
8. PREPARE AND SUBMIT MAJOR PERMIT MODIFICATION REQUEST
a. Prepare Biological Assessment (BA)
CPE biologists will prepare a Biological Assessment (BA) to assist BOEM and USACE with
Endangered Species Act (ESA) Section 7 Consultation with National Marine Fisheries Service
(NMFS) and U.S. Fish and Wildlife Service (USFWS). The purpose of the BA is to evaluate
the project and potential effects to federally listed (threatened and endangered) species and
critical habitat.
BOEM will be required to coordinate with NMFS Protected Resources Division (PRD) for
potential impacts from dredging of Borrow Area Tl, which is located in federal waters. In
order to initiate Section 7 Consultation with NMFS, BOEM requires that a Biological
Assessment (BA) be prepared to evaluate potential impacts to federally listed species. CPE
will develop a Draft BA in coordination with BOEM. Following review by BOEM and receipt
of comments, a Final BA will be developed integrating the BOEM's additional information
and addressing their comments. BOEM will submit the Final BA to NMFS in order to obtain a
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tDi26120,� I -mr- '..0
NMFS Biological Opinior. (BO) allowing utiiizatior o- borrow- Are- T fo- the 20:_I'�
C;olne- ,ount bead: Renourishmeny. Projec.. APE wil= reaues. tna:. tn_ Jul-- o- Me':icc
Biological Grinion and the Programmatic Bioiogica" Opinion be used i,- th,, mwdmum eaten.
possible.
The Final BA will also be submitted to USACE to support any potential Section 7
Consultation that may be required with USFWS and/or NMFS in order to modify the existing
USACE permit for the 2013 -14 Collier County Beach Renourishment Project. It is anticipated
that USACE will request that USFWS allow the 2013 -14 Collier County Beach
Renourishment Project to use the Gulf of Mexico Biological Opinion and the Programmatic
Biological Opinion.
b. Environmental Data
CPE biologists will review and compile updated environmental data (e.g. sea turtle nesting
data, shorebird nesting, hardbottom resources) that may be requested by FDEP and/or USAGE.
Results of hardbottom biological monitoring data collected pre- and post - construction for the
2006 Collier County Beach Renourishment Project will be summarized. 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).
c. Develop Sediment QA/QC Plan
CPE will coordinate with the Bureau of Beaches and Coastal Systems to develop an updated
QA/QC sediment (borrow area) plan.
d. Beach and Borrow Area Sediment Description
A final report summarizing the results of the geophysical and geotechnical surveys will be
developed. This report will include sub -bottom (seismic) survey profiles, beach sample
granularmetric reports and grain size distribution curves. This report will be incorporated into
the final engineering report.
CPE will provide all geophysical information in an electronic format suitable for input to the
FDEP Reconnaissance Offshore Sand Search (ROSS) database. The submission will include
shapefiles (with the associated FGDC compliant metadata) of seismic tracklines. Seismic data
will be provided in HTML format. HTML formatting embeds all navigation data, making
timestamps and shot points obsolete.
e. Engineering
Engineering tasks will be performed as needed in order to submit the permit modification
package. Submittals may include, but are not limited to, project description, construction
methods, and engineering report.
f. Prepare Permit Sketches
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Contract 11 -5772 Beach Re- nourishment
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Permit sketches wit: be devcloDe6 using the finaiiztd d°sisr_ deV-:loDed ir. TASK f'. TIC=",
sketches will include a plan -view design with corresponding beach profiie cross - sections along
with borrow area desigr_.
g. RAI Responses
CPE will prepare responses to up to three (3) Requests for Additional Information (RAI) from
FDEP and/or USACE. We will attend meetings and/or participate in teleconferences with
Agencies as needed. CPE will compile and resubmit pertinent 2005 permit files and
documents in support of permit modification requests to FDEP and USACE.
h. Finalize Hardbottom Biological Monitoring Plan
If FDEP requests proposed modifications to the Hardbottom Biological Monitoring Plan
(which will be submitted to FDEP in the Pre- Application Coordination phase), or if Collier
County proposes any modification to previous monitoring methodologies, CPE biologists will
assist Collier County with FDEP coordination throughout the continued development of the
Hardbottom Biological Monitoring Plan. It is anticipated that several meetings /teleconferences
may be required during coordination with FDEP to complete a final Hardbottom Biological
Monitoring Plan that meets with approval from both FDEP and Collier County.
The proposed design of the 2013 -14 Collier County Beach Renourishment Project is not
anticipated to have any direct or indirect (equilibration or downdrift) impacts to nearshore
hardbottom resources. Therefore, it is anticipated that no mitigation will be required.
Based on a review of results from hardbottom monitoring associated with the 2006 Collier
County Beach Renourishment Project, it appears there were no project - related impacts to the
nearshore hardbottom resources; as a result, Collier County may request that FDEP credit the
County for the 1.09 acres of mitigation they were required to build for that project. If data
show that the area for which mitigation was required was not impacted by the 2006 project,
then the artificial reef should be considered "excess mitigation ", which may be credited
towards any potential future mitigation requirements.
i. Update Physical Monitoring Plan
CPE will update the current physical monitoring plan to incorporate new portions of the
project into the existing monitoring plan.
9. PREPARE PLANS AND SPECIFICATIONS
CPE will develop all construction plans and specifications for the project. The cost of constructing
the renourishment project will be estimated. In addition, a cost comparison between alternatives will
be displayed. A project schedule will be created to estimate project duration.
The construction plans will include plan views and cross - sections sufficient for the construction of the
beach nourishment project. The plans will provide survey monumentation information which will
allow the contractor to control and construct the beach nourishment project. Borrow areas will be
delineated and the allowable depth of dredging indicated for each borrow area in order to place the
appropriate quality sand on the beach. The plans will prioritize borrow area dredging to enable future
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•
i7 A
use of the borrow area. Aerial photo_ aph:.. zulturai resource,_. hardbottorn. any other natural resource
features wili be incomoratee into tht plans. Tn: plan: will snow beach access. sta(' ging areas anc
pipeline: corridors fo- use by tin: contracto, The mans vidl include- oni,: those scament: identine . io.
construction. Boundaries such as the erosion control iine will be shown on the plans.
The specifications to be developed for the project will be divided into two general categories. The
first section will include bidding requirements and contract forms supplied by Collier County for
retention of construction contractors. The Consultant will develop the bid form with the project
quantities.
The second section of the specifications will include General Conditions, Technical Provisions and
Environmental Protection. The General Conditions portions of the contract will be provide by the
County. The consultant will prepare the supplemental General Conditions, which will address general
conditions specific to this dredging project.
The Technical Provisions will identify the work to be accomplished. It will include the order of work,
the project schedule, excavation requirements, beach fill requirements, grading requirements and other
issues related to construction. It will address issues such as clean-up, nighttime operations and beach
tilling, if required by the State. The QA/QC Sediment Management Plan approved by FDEP will be
incorporated into these provisions.
A section on environmental protection will be included in the specifications. This section will
identify the important clauses contained in the permits, including a copy of permits received for the
project. The contractor will be advised that he is required by law to abide by all the conditions
provided by Federal and State permits and licenses for the project. Issues to be addressed in this
section include turbidity control, protection of environmental resources, restoration of landscape
damage, maintenance of pollution control facilities, and a requirement for an environmental protection
plan:
Plans and specifications in Acrobat (pdf) format will be provided for distribution and review by the
County, State and City of Naples, and other agencies identified by the County. One hard copy will be
provided to each agency. The plans and specifications will be modified once, based on comments
from the above government entities. Copies for bidding and construction will be covered under a
future proposal that addresses construction services. The final plans and specification submitted to
FDEP will be signed and sealed to meet permit requirements.
10. FUNDING AND OTHER ASSISTANCE
a. Re -apply for Critical Erosion Area Status for Clam Pass Park
Based upon coordination with the FDEP, the Critical Erosion Area status for Clam Pass Park
will be re- evaluated and re- submitted. A new calculations using refine surge levels and a
profile extended landward will be developed to recalculate the recession due to the 25 return
interval storm. This task is awaiting further clarification from FDEP.
b. Prepare Local Government Funding Request
CPE will assist the County with preparation of this year's Local Government Funding Request
for the county beach nourishment projects. The size and make -up of each component will be
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evaivatee ir_ order tc increase EDEl rating anc cos snaring opnornxnities. This wiL inciud
research to identif -v all short te= renta. units it additior_ to noteis.. and to modify the ; iFR. tc
incorporate the iatesL. rating guidelines and the iessons learned for the Agri: 20i- meeting
at FDEP. The plan will be based on the latest approved 62B -36 Beach guidelines.
Recommendations will be made to the County for change to the funding request and the
project that would increase eligibility and funding.
c. Assist County Staff with Local Government Joint Construction Coordination
CPE will aid the County in coordinating with other regional projects in order to develop a cost
savings opportunity for the County from a lower mobilization/demobilization and unit cost.
CPE has already worked with the County and the dredging industry to identify potential cost
savings. One method is to make the draft Plans and Specifications available early to the
dredgers in order to enable cost savings for the County.
PHASE II: PRE - CONSTRUCTION AND CONTINGENT TASKS
11. BIDDING AND PRE- CONSTRUCTION PERIOD TASK
a. Assist County with Bidding
CPE will also assist in the bidding process by preparing pertinent bid documents and attending
the pre -bid meeting. We will develop specifications and a construction plan which will
encourage low bid prices. This includes provisions for a long and flexible construction
timetable. CPE will attend the pre -bid meeting.
The Engineer will assist the County in the selection of a contractor for the project. The •
County's purchasing department will manage the bidding process with assistance from the
Engineer and Coastal Zone Management Department. The Engineer will assist the County in
reviewing the bids and evaluation of the low bidder, taking into consideration the capability of
the contractor (low bidder) in constructing the project. The Engineer will provide the County a
recommendation concerning the selection of the contractor or contractors.
There will be one pre - construction meeting for the project. CPE will coordinate, prepare for,
and attend the pre- construction conference. During the pre - construction meeting, the permit
will be reviewed with the Contractor prior to commencement of activity authorized by the
permit. An overview of the project scope of work, construction methodology, technical
specifications, schedule, construction access, specifications, and specific monitoring
requirements for the permit will occur with the Contractor and all interested agencies.
b. Pre - Construction Beach Survey and Aerials
Beach and Nearshore Hydrographic Survey
This section of scope is contingent upon the new Physical Monitoring Plan for this project that
requires this work. This work shall be conducted in accordance to Section 01000 (Beach
Profile Topographic Surveying) and 01100 (Offshore Profile Surveying) of the March 2004
Bureau of Beaches and Coastal Systems Monitoring Standards for Beach Erosion Control
Projects including field methodology and final deliverables.
http://www.dep.state.fl.us/beaches/i)ublications/`Pdf/standard. pdf
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Beach profile_ wil' be coliectec a7 FDEP monumeml- mciudin an, m appiicabit
intermediate Drofii: line--. All dau seawa~ o the dune snal M coliectec using F TI. Gl'
technology. Upland areas inaccessibie to RTK GPS shall be collected using standard
differential leveling techniques. Upland topography shall extend approximately 150 feet
landward of the vegetation line or until an obstacle is encountered.
The nearshore survey will be conducted using an Odom Hydrotrac sounder with digitizer
fathometer on CPE's twenty -four (24) foot Privateer survey vessel with a centrally located
hull- mounted transducer. A Trimble RTK GPS and a TSS Motion Compensator will be used
onboard the survey vessel to provide instantaneous tide corrections as well as heave, pitch, and
roll corrections. In order to maintain the vessel navigation along the profile lines, the
HYPACK navigation software will be used. This software provides horizontal position to the
sounding data allowing real -time review of the profile data in plan view or cross section
format. HYPACK also provides navigation to the helm to control the deviation from the
online azimuth. Horizontal and vertical positioning checks are conducted at the beginning and
end of each day using 2nd order FDEP "A" monuments located in the project area. The
sounder will be calibrated via bar- checks and a sound velocity probe at the beginning and end
of the day. Bar - checks will be performed from a depth of five feet to a minimum depth of
twenty -five feet. Analog data showing the results of the bar -check calibration will be
displayed on the sounder charts at five foot increments during descent and ascent of the bar.
Controlled Aerial Photography Using FDEP Environmental Standards
Color aerial photography shall be obtained for the Collier County Beach Project from R -7
through R -89. Surveyors shall coordinate ground control and GPS logging from HARK and/or
CORS with :the designated sub - contractor. A representative from Collier County will conduct
the pre -flight sea condition monitoring and coordinate with the surveyor and the sub-
contractor about the flight timing. Flight must occur during a 24 hour period of calm sea
conditions, low tide levels, and low sun/water surface angle to ensure good water clarity. The
flight window will be established by the sub - contractor. The sub - contractor shall provide 9 "x
9" photographs and CD -ROM controlled raster imagery files. The photography will be
collected,following FDEP's standards for:
Environmental Aerial Photography Acquisition for Beach Erosion Control Projects
http : / /www.dep.state.fl.us/beaches/ publications /pdf/standard.pdf (section 02100: March 2004).
c. Pre - Construction Sidescan Survey and Diver Groundtruthing
This work is contingent upon the final FDEP- Approved Hardbottom Biological Monitoring
Plan that requires new measurements to establish the pre - project condition. This task includes
mapping and characterization of the hardbottom between FDEP Monument R -9 to R -80, or the
southern terminus of the know nearshore hardbottom at approximately R -70.
i. Sidescan Survey
Sidescan sonar data will be used to verify the unconsolidated sediment surface and
to map ocean bottom features such as hardbottom habitat. Hardbottom features will
be classified as high or low relief, isolated rock outcrops or by equivalent
descriptor for use in mapping the hardbottom edges.
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r ollowinc initia: reductior. of the sidescan, aau:, the sidescar dat4 v il' be
groundtrutnec b� divers to observe and features mapped during the sidescan song-
investiaatior- The sidescar. data reduction wil' be finalized basec or., this fielc
investigation.
The sidescan sonar survey will be conducted using the equipment and methods
described in Task 3b. CPE anticipates that the remote sensing survey can be
conducted in two (2) days, followed by a period of data reduction and comparative
analysis.
ii. Diver Groundtruthing
After remote sensing data are analyzed, diver groundtruthing will be conducted at
select sites where comparative analysis indicates significant change in the location
of the hardbottom edge has occurred or there is uncertainty in the sidescan results.
These dives will take place after the initial data reduction of the side scan result,
and before the biological monitoring is conducted. CPE divers will conduct
hardbottom investigations by following the edge of the hardbottom while towing a
buoy equipped with a DGPS antenna and attached by a cable to a Trimble AgGPS
system on the survey vessel. The positioning data will be recorded.
The sidescan data reduction will be finalized based on the diver hardbottom
investigations. Data obtained during these studies will be used to delineate those
hardbottom resources which may have the potential to be impacted by the 2013 -14
Beach Nourishment Project; if any impacts are anticipated, these data will serve as
the basis for any mitigation plan development, if required. The GIS database will
be updated. It is anticipated that two (2) days will be required to groundtruth the
findings of the remote sensing survey..
d. Pre - Construction Hardbottom Biological Monitoring
If required by the final FDEP- Approved Hardbottom Biological Monitoring Plan, a pre -
construction hardbottom biological monitoring survey will be conducted. This survey will
follow the methodology contained in the final Plan, which is expected to be the same as, or
similar to, the methodology used in previous monitoring required for the 2006 project.
If the final Plan requires a pre - construction survey, then this survey will be conducted jointly
utilizing two (2) CPE biologists and two (2) Collier County divers. The survey will take
approximately nine (9) field days and will be completed using a County research vessel and
captain. This pre - construction survey will likely follow the methodologies utilized in the
previous monitoring plan (required for the 2006 project), though these methods may be
modified during coordination with FDEP. This task includes data entry and preparation of an
informal observation report; it is unlikely that FDEP will require a formal pre - construction
report. If the final FDEP - Approved Hardbottom Biological Monitoring Plan does not require a
pre - construction survey, Collier County may elect to conduct a modified survey that would
utilize a reduced sampling effort in order to document pre - construction conditions of nearshore
hardbottom communities.
12. CONTINGENT TASKS
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Contract 11 -5772 Beach Re- nourishment
Ei. "a;
L, Essential Fisa Habitat (EFFIi A:ssessmen:
it addition: tc NE:, °�: compliance an 7SE_ Secuor_ � onsuttatson. BQ~M (an� aossree
USAGE) will also be required to coordinate with NMFS — Habitat Conservation. Divisior;
(HCD) to evaluate potential impacts to Essential Fish Habitat (EFH) in compliance with the
Magnuson - Stevens Fishery Conservation and Management Act. NMFS did not have any EFH
comments for the 2006 Collier County Beach Renourishment Project; therefore, preparation of
an EFH Assessment is not anticipated. If NMFS -HCD requests an EFH Assessment be
prepared for the 2013 -14 project, that will be an additional task.
b. Uniform Mitigation Assessment Method (UMAM)
During coordination with FDEP and USACE, the agencies may request additional data in
order to conduct a Uniform Mitigation Assessment Method (UMAM) assessment. This task
includes coordination with FDEP and/or USACE, providing data and assistance with
conducting a UMAM assessment, but this task does not include any additional field
investigations that might be requested by the agencies.
c. Borrow Area T1 Survey
The survey of Borrow Area T1 may be considered too old, and agencies may require a new
survey. A bathymetric survey of Borrow Area Tl will be conducted using the equipment and
methods described in Task 3b.
d. Cultural Resources for Pipeline Corridors.
The investigation may be required if a cultural resources survey is necessary under the
Division of Historic Resources (DHR) new initiative. Coordination with DHR will be initiated
prior to this additional field investigation to determine if this requirement can be eliminated or
reduced. The extra survey will take two additional (2) days more than the basic sidescan
survey described above. It will include subbottom profiling using the EdgeTech X -Star SB-
216 "chirp sonar system ", a magnetometer survey, and a bathymetric survey. These methods
are required for a full cultural resources investigation. This task will also include the addition
data reduction and use of a qualified marine archeologist.
Seismic Reflection Profile Surveys. An EdgeTech X -STAR 216 (or equivalent) seismic sub -
bottom system will be used to conduct the seismic reflection profile surveys. The X -STAR
SB -216 Full Spectrum Sonar is a versatile wideband FM sub -bottom profiler that collects
digital normal incidence reflection data over a number of frequency ranges. This
instrumentation generates cross- sectional images of the seabed. Throughout the offshore
seismic reflection survey, selection of the chirp pulse will be modified in real time to obtain
the acceptable resolution of geological features and the sequence stratigraphy (L e. vertical
sequence and lateral distribution of sediment bodies comprised by different grain sizes and
sediment composition) for better data quality enhancing subsequent interpretation
Magnetometer Survey. A Geometrics G -882 Digital Cesium Marine Magnetometer (or
equivalent) will be used to perform a cursory investigation of magnetic anomalies within the
potential pipeline corridor. The purpose of the magnetometer survey is to establish the
presence, and subsequent exclusion zones around any potential underwater wrecks, submerged
hazards, or other ferrous metal features that would affect borrow area delineation and dredging
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Iterr
activities.. The H;Tac:_ 2012a software wil; recorc magneu: anomalies directi fron. the
3eometrics maenetomete.
Bathymetric Survey. The Odom Hydrographic Systems, Inc.'s Hydrotrac, a single frequency •
portable hydrographic echo sounder, will be used to perform the bathymetric survey. The
Hydrotrac will be operated at a frequency of 2.10 kHz and is a digital, survey -grade sounder.
The sounder will be calibrated using an Odom Hydrographic Systems, Inc.'s Digital Pro®
speed -of -sound velocity meter. Speed of sound through water and other selected parameters
will be adjusted to reflect physical water conditions in the survey area.
Data Reduction and Report. Seismic reflection data will be processed using the
SonarWiz.MAP software package developed by Chesapeake Technologies Inc (or equal) in
conjunction with side scan and bathymetric data described above. After processing, the
magnetometer data will be reviewed by a qualified archaeologist for cultural resource
interpretation. CPE will coordinate with Tidewater Atlantic Research (TAR) to develop a
cultural resource report for the two (2) pipeline corridors and the two (2) operational areas
surveyed. CPE will coordinate with the State Historic Preservation Office (SHPO) as needed.
e. Survey and Process ECL (Barefoot Beach and Clam Pass Park)
The decision to survey the new ECLs will be delay until the final budgetary decisions on these
two areas are made. The decision must be made in time to allow timely processing before the
project is started.
ECL Survey and Processing
This survey is designed to establish an Erosion Control Line as defined in Chapter 161 of the
Florida Statutes. A.mean high water (MHW) survey will be conducted in accordance with
standards set by the Florida Department of State Lands. Surveys will be platted and submitted
to the State for approval and recording.
Prior to the start of the survey, a reconnaissance of the monuments will be conducted to
confirm that the survey control is in place and undisturbed. Real Time Kinematics (RTK)
Global Positioning System (GPS) will be used to locate and confirm the survey control for this
project. In order to achieve required accuracy, the survey will be controlled using FDEP 2nd
order monuments.
Upon completion of the control reconnaissance survey, the mean high water survey will be
initiated. The MHW survey will be conducted using MHW elevation values obtained from
LABINS and/or other state approved MHW values. Upon competition of the field survey
data will be plotted and derived MHW line drawn on the survey map. If possible, a draft
version of the plat will be sent to State Lands for review.
Survey deliverables will consist of four (4) 22 "X34" survey maps signed and sealed by a
Florida Surveyor and Mapper compliant with requirements Chapter 161 and other county
recording standards. Maps and legal descriptions will also be provided in digital format. The
maps will be developed so that they can be separable.
Public Notification and Conduct ECL Meeting
Once the survey has been approved by State Lands, a public meeting will be planned,
following FDEP's procedures. Notification will be made in the local newspaper, in the State
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publication and n. registered ietter tc resiaentsowners within the nrescrrbec limit. Th: public
meeting wil` be neic tc collect comment: from_ the 1) iic j, consiceratior b� FDEF ir:
cvaluatinc tne: estabiishmen of L new E,,rosior_ _ontrol amine fo: Clarr. Pas: Pari_ an,.' Bareioo-
Beach.
13. JETTY SPUR STRUCTURAL DESIGN (SEPARATE)
The jetty spur at the Doctors Pass south jetty is a means to conserve sand in the hot spot region south
of the Pass. It will be designed and permitted separately from the beach nourishment to avoid possible
delays with permit agencies.
a. Survey New Structural Foundation Areas
An area 300 ft by 400 ft will be surveyed for construction of the spur to the south jetty at
Doctors Pass. This task includes the hydrographic survey in the area of the proposed rock jetty
spur. This survey is intended to aid engineering calculations and has not been designed to
meet any regulatory objectives. Data will be collected within 100 feet of the proposed
construction at a sufficient density to provide an accurate depiction of the seafloor. Standard
hydrographic procedures will be followed as described in section l Lb of this scope. A legal
description for a state easement will be developed based on this survey and the final design.
This task also includes seafloor push probes to attempt to locate the depth of the hard
substrate. Probes will be conducted by scuba divers using hand held probes. Diver probes are
limited to 1 -2 feet of penetration in sandy sediments. No jet probes or coring is proposed.
b. Model Jetty Spur in Delft 3D
Using the Delft3D hydrodynamic and sediment transport model developed in the 2011
Conceptual Renourishment Project Analysis, the effect of the Doctors Pass spur jetty extension
on sand retention and conservation will be evaluated. In addition, circulation and debris
trapping will be evaluated. Specifically, the model will be used to evaluate flows and sediment
transport potential with and without the spur extension in place. Delft3D -PART model
(particle tracking simulations, lagrangian approach) will also be used to evaluate whether the
spur jetty extension will trap debris in an excessive manner. Up to 4 different configurations of
the jetty extension will be considered to minimize debris trapping effects. The modeling
procedures and results will be presented in a report. FDEP comments from their December 2,
2011 memorandum will be addressed.
c. Develop Public Outreach Drawing
CPE will prepare a drawing and project description for use by the County in public outreach
for the jetty spur, addressing it size and impact on views. The document will address the spurs
benefit.
d. Design Jetty Spur
A design will be developed for the jetty spur. The design will take into account coastal
processes and modeling results. The effectiveness of a turtle friendly design will be
researched for possible incorporation into the spur. The design will develop the rock type and
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n / n
!
or
siz;.. the foundation desiar:. the t)osnioninc� o�' tnt structures anc inte_eratior with. the existinE
jetn . The design will accommodate circulation to the extenr, nracuca
e. Develop Permit Modification and Sketches
Using the survey and preliminary design, CPE will prepare a JCP permit modification package
for the FDEP for the structural addition to the southern jetty at Doctors Pass. Permit sketches,
legal descriptions, and all other pertinent biological, geological, and engineering portions will
be prepared as needed. This phase accounts for one (1) RAI cycle and is not a new permit
application.
L Diver Resource Investigations
Divers will conduct a survey of the southern jetty to observe any submerged resources located
in or near the proposed spur location. This survey will be planned in coordination with FDEP,
NMFS, and USACE to address agency requirements. This survey will take approximately one
(1) field day. It will either be conducted jointly utilizing two (2) CPE biologists and a Collier
County diver, boat and captain or this survey will be added on to another planned biological
survey, whichever is more time- and cost - effective. This task includes data entry and
preparation of an informal observation report, if any resources are observed.
g. Plans and Specifications
CPE will prepare final construction plans, technical specifications and the bid form for the
jetty spur project. The task will incorporate all permit requirements into the documents and
will provide copies of the draft plans and technical specifications for the County's review.
County comments will be incorporated into the final set. CPE will prepare an opinion of the
estimated construction cost for this project.
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r
6:/ 051 0 ".- Ileerr, / • ..v
SCH=_DjL_ i
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, Coastal Zone Management Director
3299 Tamiami Trail East, Suite 103, Naples, FL 34112 -5746
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.
ITEM
PHASE
NOT TO EXCEED
AMOUNT:
2.
Phase I — Permitting and Design
$484,044.00
3.
Phase II — Pre - Construction and
Contingent Tasks
$364,510.00
TOTAL FEE Total Items 1 -10
$ 848, 554.00
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 accordanc4 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
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 Reimbur able Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be o overtime pay on Basic Services or
Additional Services without OWNER'S prior written pproval.
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-,`- :,D2
JC' _
B.2.6. Tne compensation provide-, roe unaer Section:. 2.1 of this Scneauie E, s gal' be the tc.=�
and compiete: amount payabie t: CONSU_T.4NT fo- the Basic Services tc be oerFor� i e c
under the Drovisi�ns of this Agreemem. anC shall include the cos; 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 .vdispute 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.
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
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6,261201 Iiewl
maximum maricu� o- 5 °�� or tb� Tee: anc' ex:.anses associated with, sucn subconsultantE
anc subcont4 actors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply witn
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:
8.3.5.1.1. 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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e, 261K'I f 'rar
Attachment E to Schedule B AmW
Personnel Category Standard Hourlv Rate
Principal
$195
Senior Project Manager
$165
Project Manager
$148
Senior Engineer
$155
Engineer
$119
Environmental Specialist
$115
Senior GIS /CAD Specialist
$145
GIS Specialist
$100
Clerical
$ 60
Surveyor and Mapper
$130
CADD Technician
$ 85
Coastal Modeler 11
$130
Professional Geologist
$150
Project Geologist
$125
Geologist 11
$110
Geologist 1
$ 95
Senior Marine Biologist
$135
Project Biologist
$120
Marine Biologist
$ 95
Project Surveyor
$120
Surveyor
$ 95
Survey Technician
$ 82
Boat Captain
$ 82
Bookkeeper
$ 74
This list is not intended to be all - inclusive.
Hourly rate fees for other categories of professional, support
and other services shall be mutually
negotiated by the County and firm on a project by project basis as
needed.
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1 012 Item
Schedule C
PROJECT SCHEDULE
Phase I work to be completed within one hundred eighty (180) days from issuance of Notice to
Proceed
Phase 11 work to be completed as directed in writing by the County.
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6/26120'1 2 C e Y
INSURANCE COVERAG-E
(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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•
� _- ate-
the aggrepate iimi: of any police to be orovidec b�' OONS LTAN.7 hereunder, OONSU Al
shall immediateiv take stepE to nave the aggregate limit r instates r. the Tull eaten permitter
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 tc 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 subcon ultants 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 req irements 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 CONSULTAN 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 arnount 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 st all 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 Certi sate of Insurance expires prior to the
completion of the services required hereunder or Jermination of the Agreement, the
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CONSUL T AN T snail f irnish tc tni:- OWWE;:., in,, trioiicate. renewa� or reDiaceme; ::ertincatel:
of Insurance not later than three (3) business days after the renewal of the policy(ies). Faiiure of Aft
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)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $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
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
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Contract 11 -5772 Beach Re- nourishment
a,'2E3!2r�` L lten-,
Appiicabie _ Not koaii:abie
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 Co pleted Operations and Products and
Completed Operations Coverage. Products and Competed 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 $30C,000
Personal and Advertising Injury $30C,000
Each Occurrence $30C,000
Fire Damage $ 50 000
General Aggregate $50q,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $50 ,000
Fire Damage $ 50000
X General Aggregate $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ X0,000
(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
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6126120 o" lien'
away from premises owner b� o- rented to VOL," AppiioabE_ deductibies or se1-1- msjre_
retentions shall be the sole responsibility of CONSULTANT. Deductibies or self- insures
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
(6) 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
(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:
Packet Page -378-
52
Contract 11 -5772 Beach Re- nourishment
_ Bodily iniury & property Damage - Z 500.00C�
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
$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.
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6'26/2:.` � It err E t , ,
(3) The CONSULTANT shalt continue thi: coveraa; fo- thi; Proiect fo- G Derioc of no-.
iess than five (51 years following compietior, anc acceptance of tne = �rolect by the OWNE:7- Aft
(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
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
(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
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yyFFcc.. /F)/1IFr'•1 �_ lie w
renews; poiicy, is a renewal occur: aunric the ter'. o' the ^roiect poiicv (an: or, ant suDsecuer
professionai iiabiiity policies tna: renew auring the terry 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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Contract 11 -5772 Beach Re- nourishment
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TRI-11TH IN NEGO T IAT ION C == l=ip
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Coastal Planning and 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 Design, Engineering
and Permitting Services for Re- nourishment of the Barefoot, Vanderbilt, Clam Pass, Park
Shore, and Naples Beaches are accurate, complete and current as of the time of contracting.
Coastal Planning and Engineering, Inc.
M
TITLE:
DATE:
56
Contract 11 -5772 Beach Re- nourishment
Packet Page -382-
SCHEDULEF
KEY PERSONNEL, SUBCONSULTANfTS AND SUBCONTRACTORS
Dedicated to
Name
Thomas Campbell, P.E.
Steve Keehn, P.E.
Doug Mann, P.E.
Tom. Pierro, P.E.
Chris Day, P.E.
Samantha Danchuck, P.E. Ph.D.
Nicole Sharp, El
Michelle Rees
Beau Suthard, P.G.
Melany Larenas, P.G.
William Robertson PhD.
Lauren Floyd
Angela Belden
Lindino Benedet
Sub - Consultants
CPE Branch Offices
Tidewater Atlantic Research
ACA Aerial Photographs.
Position
Principal Engineer
Senior Engineer and Senior
Project Manager
QA/QC Engineer
Senior Coastal Engineer
Project Manager Modeling QA
Coastal Engineer
Coastal Engineer
Coastal Engineer
Remote Sensing Manager
Geology Manager
Lidar Specialist
Project Biologist
Senior GIS /CAD Specialist
Project Manager Modeling
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0 '12 Item '. .
Project ( %)
0.20%
12.00%
2.00%
2.00%
1.00%
4.00%
24.00%
4.00%
1.60%
1.60%
2.00%
26.00%
1.20%
1.40%
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Contract 11 -5 772 Beach Re- nourishment