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Agenda 04/26/2011 Item #10G . . . 4/26/2011 Item 10.G. EXECUTIVE SUMMARY Recommendation to approve time and material Work Order to PBS&J under Contract 09- 5262-CZ to develop locally-relevant and site-specific alternative water quality criteria for the Clam Bay estuary and provide continued technical support for the next 6 months to the Clam Bay technical work team as outlined in the attached PBS&J proposal dated March 7, 2011 not to exceed $77,148. OBJECTIVE: To approve Work Order with PBS&J under Contract 09-5262-CZ to develop locally-relevant and site-specific alternative water quality criteria for the Clam Bay estuary and provide continued technical support for the next 6 months to the Clam Bay technical work team. CONSIDERATIONS: The State of Florida,. through the Florida Department of Environmental Protection (FDEP) has historically used a narrative standard for nutrient concentrations in surface waters, which states that nutrient concentrations must not cause "...an imbalance of flora and fauna." This approach has generally served the State well, as it allows for the recognition that there can be locations where water quality impairment from a regulatory viewpoint can actually reflect natural conditions. However, in January of 2009, the Assistant Administrator of EPA concluded that the State of Florida's narrative standard for nutrients was inadequate, and that EPA would then "... propose numeric nutrient criteria for lakes and flowing waters within 12 months, and for estuaries and coastal waters, within 24 months." On November 14, 2010, EPA Administrator Lisa Jackson finalized the Water Quality Standards for the State of Florida's Lakes and Flowing Waters. Included in that rule was the comment that, "These final standards set numeric limits, or criteria, on the amount of nutrient pollution allowed in Florida's lakes, rivers, streams and springs." This rule, which covers lakes, rivers and springs, will take effect on March 6, 2012. Additionally, EPA has stated that it will release revised numeric nutrient criteria for estuaries, their watersheds, and coastal waters by November 2011, with final nutrient criteria developed by August 2012. This item is focused on developing numeric water quality criteria for Clam Bay, to be submitted for consideration by FDEP and the EPA as a locally-developed and appropriate set of water quality criteria for the protection of Clam Bay. This SOW is predicated upon the following issues, relevant to Clam Bay: 1) Portions of Clam Bay consistently fail various water quality standards, as outlined in FDEP's Impaired Waters Rule; 2) However, it is likely that for Clam Bay the water quality standards themselves are problematic; 3) Within Clam Bay, there is little evidence of adverse impacts to water quality from nutrient availability; 4) Clam Bay could be appropriately considered a location where a "hold the line" approach to nutrient availability is appropriate, and Packet Page -721- . . . 4/26/2011 Item 10.G. 5) Alternative criteria for nutrients, chlorophyll-a and dissolved oxygen are thus appropriate for Clam Bay. Water quality data from ongoing monitoring efforts of Collier County will be compiled, reviewed for consistency with FDEP guidelines for the development of numeric criteria, and then analyzed for the development of regulatory water quality criteria. The following water quality data will be analyzed for this effort: · Water temperature (degrees Celsius) · Salinity andlor specific conductance (psu or IJmhos / cm) · Dissolved oxygen (mg / liter) · Inorganic nitrogen species (mg /liter) . Total nitrogen (mg / liter) · Inorganic phosphorus (mg / liter) · Total phosphorus (mg / liter) · Chlorophyll-a (lJg /liter) · Turbidity (NTU) · Color (PCU) · Secchi disk depths (meters) · Fecal coliform bacteria (# /100 ml) In addition, the Clam Bay system water quality data set will be compared and contrasted to similar data sets from nearby "reference" estuaries identified by other researchers. Comparisons will be made between the nutrient and eutrophication indicators relationships in Clam Bay vs. nutrient and eutrophication indicators in these commonly-cited reference estuaries. Fecal coliform bacteria in Clam Bay will be sampled and analyzed on a pass through basis to determine the genera of bacteria more specific to humans and/or wildlife sources. A Final Report that formalizes the rationale behind the development of locally-derived alternative criteria for dissolved oxygen, nutrients and chlorophyll-a for Clam Bay, as well as a documentation of the likely source(s) of fecal coliform bacteria within Clam Bay. This report will then be presented for FDEP for proposed agency action to promulgate site specific criteria for these variables for Clam Bay. To continue to support Collier County in its efforts to successfully manage Outer, Inner and Upper Clam Bays, PBS&J will continue to make one staff member available for attending and participating in the Clam Bay work team dealing with Clam Bay estuary issues. Support will be available for up to six (6) meetings in CZM offices within Collier County. Deliverables associated with this effort will include a final report outlining the data sources, analytical techniques employed, and derivation of lo~ally-appropriate water quality criteria for the Clam Bay system. These locally-derived proposed water quality criteria will include the following: · Numeric nutrient criteria for nitrogen and phosphorus concentrations within the Clam Bay system, Packet Page ~722- . . 4/26/2011 Item 10.G, 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: Approve time and material Work Order to PBS&J under Contract 09-5262-CZ to develop locally-relevant and site-specific alternative water quality criteria for the Clam Bay estuary and provide continued technical support for the next 6 months to the Clam Bay technical work team as outlined in the attached PBS&J proposal dated March 7, 2011 not to exceed $77,148 and authorize the County Manager or his designee to execute the Work Order. PREPARED BY: Gary McAlpin, CZM Director Packet Page -723- . . . 4/26/2011 Item 10.G. COLLIER COUNTY Board of County Commissioners Item Number: 10.G. Item Summary: Recommendation to approve time and material Work Order to PBS&J under Contract 09-5262-CZ to develop locally-relevant and site-specific alternative water quality criteria for the Clam Bay estuary and provide continued technical support for the next 6 months to the Clam Bay technical work team as outlined in the attached PBS&J proposal dated March 7, 2011 not to exceed $77,148. Meeting Date: 4/26/2011 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 4/4/2011 8:18:13 AM Submitted by Title: Accountant,Coastal Zone Management Name: HambrightGail 4/4/2011 8:18:14 AM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 4/4/2011 8:39:21 AM Name: McAlpin Gary Title: Director - Coastal Management Programs, Coastal Zone Management Date: 4/4/2011 9:15:32 AM Name: WoodLyn Title: Contracts Specialist,Purchasing & General Services Date: 4/4/2011 3:06:55 PM Name: Carnell Steve Title: Director - Purchasing/General Services,Purchasing Packet Page -724- . . . 4/26/2011 Item 10.G. Date: 4/7/2011 9:27:09 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 4/7/2011 11:06:50 AM Name: RamseyMarla Title: Administrator, Public Services Date: 4/18/2011 9:18:31 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/18/2011 9:31:18 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/18/2011 2:40:36 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/18/2011 4:31: 19 PM Name: IsacksonMark Title: Dimctor-Corp Financial and Mgmt Svs,CMO Date: 4/19/2011 9:58:37 AM Packet Page -725- 4/26/2011 Item 10.G. Contract 09-5262-CZ . March 7,2011 SCOPE-OF- WORK . Additional Work Request Contract # 09-5262-CZ March 7, 2011 CLAM P ASS/BAY ESTUARY PBS&J is pleased to provide a scope of work for the development of numeric nutrient criteria for Clam Bay. The intention of this Work Assignment is to develop numeric criteria for nutrient and chlorophylI-a concentrations for the waters of Upper, Inner and Outer Clam Bays, as well as downstream protective values (DPY) for nitrogen and phosphorous, and to oversee source identification efforts for fecal coliform bacteria for Upper, Inner and Outer Clam Bays. In accordance with Collier County Contract Number 09-5262-CZ "County Wide Engineering Services-Coastal Zone" the following scope of work is presented herein. SCOPE OF WORK Task 1 - Data Compilation. Review and Analvsis . Water quality data from ongoing monitoring efforts of Collier County will be compiled, reviewed for consistency with FDEP guidelines for the development of numeric criteria, and then analyzed for the development of regulatory water quality criteria. The following water quality data will be analyzed for this effort: · Water temperature (degrees Celsius) · Salinity and/or specific conductance (psu or Ilmhos 1 cm) . Dissolved oxygen (mg 1 liter) . Inorganic nitrogen species (mg 1 liter) . Total nitrogen (mg 1 liter) . Inorganic phosphorus (mg 1 liter) . Total phosphorus (mg 1 liter) · ChlorophylI-a (Ilg 1 liter) · Turbidity (NTU) · Color (pCU) . Secchi disk depths (meters) . Fecal colifornl bacteria (# 1100 ml) These data will be analyzed to detect the presence of potential eutrophication-related empirical relationships, such as positive correlations between total nutrients and Chlorophyll-a, negative correlations between inorganic nutrients and Chlorophyll-a, negative correlations between nutrient concentrations and dissolved oxygen, negative correlations between Chlorophyll-a and Secchi disk depths, etc. . Results will be interpreted to determine if there is clear and unequivocal evidence of an ongoing and negative impact of nutrient supply on nutrient-related water quality parameters. If multiple and corroborating lines of evidence of such relationships are found, these would PBS&J 1 Packet Page -726- 4/26/2011 Item 10.G. Contract 09-5262-CZ March 7, 2011 SCOPE-OF- WORK indicate the possibility of ongoing nutrient-related impacts to water quality. If no such evidence is found, or if evidence is inconsistent, then results could indicate the absence of nutrient-related impacts to water quality. . In addition, the Clam Bay system water quality data set will be compared and contrasted to similar data sets from nearby "reference" estuaries identified by other researchers. For example, data sets from Fakahathcee Bay and other locations within the Ten Thousand Islands estuarine complex will be compared and contrasted with the water quality data set from the Clam Bay system. Comparisons will be made between the nutrient and eutrophication indicators relationships in Clam Bay vs. nutrient and eutrophication indicators in these cOlmnonly-cited reference estuaries. Finally, the Consultant will oversee data collection and interpretation efforts of Source Molecular Corporation to determine the relative importance of wildlife sources such as birds, as opposed to human sewage, as a source of fecal coliform bacteria in Clam Bay. As a pass- through direct expense, samples will be obtained in Upper, Inner and Outer Clam Bay on two occasions, and assessed for the presence of fecal coliform bacteria, genera of bacteria more specific to humans and/or wildlife sources, and genetic markers specific to both birds and humans as sources of fecal coliform bacteria. Results will then be interpreted within the context of their implications to existing water quality criteria for Clam Bay. Total Amount of Task 1 = $27,490. $18,040 for fully-loaded labor; $9,450 for direct . expenses and pass-through for sub-consultants. Task 2 - Ae-encv Review and Comment The Consultant will undertake two local peer review efforts. The first effort will involve staff from Collier County, the City of Naples, the South Florida Water Management District, the FDEP-Fort Myers office, and faculty from Florida Gulf Coast University. This meeting will be designed to solicit input on the findings of Task 1 activities. The second local meeting will be with the County's chosen venue for communication of results to the public, such as a Board of County Commissioners meeting or other such venues (at the County's discretion). In addition, the Consultant will participate in two meetings with staff from FDEP- Tallahassee, with the intent of soliciting input on the process used to develop water quality criteria for the Clam Bay system. The first presentation will outline the approach used, the data sets analyzed, and any preliminary findings. Results from this meeting will be used to refine, if needed, the approaches used to develop local criteria. The second meeting would be a more formal presentation of the proposed water quality criteria for consideration and eventual adoption by the FDEP. Based on the results of efforts within Task 1, and meetings with appropriate regulatory staff during Task 2, the deliverable for Task 2 will be a Final Report that formalizes the rationale behind the development of locally-derived alternative criteria for dissolved oxygen, nutrients and chlorophyll-a for Clam Bay, as well as a documentation of the likely source(s) of fecal . PBS&J 2 Packet Page -727- 4/26/2011 Item 10.G. Contract 09-5262-CZ March 7, 2011 SCOPE-OF- WORK . coliform bacteria within Clam Bay. This report will then be presented for FDEP for proposed agency action to promulgate site specific criteria for these variables for Clam Bay. Total Amount of Task 2 = $31,784. $29,784 for fully-loaded labor; $2,000 for direct expenses. Task 3 - Continued Technical Support and Participation at Local Meetin!!s To continue to support Collier County in its efforts to successfully manage Outer, Inner and Upper Clam Bays, the Consultant will continue to make one staff member available for attending and participating in the Clam Bay work team as Consultant to Collier County, dealing with Clam Bay estuary issues only. Support will be available for up to six (6) meetings at a location in or near the City of Naples, and one additional staff member available for up to three (3) meetings at a location in Collier County. Preparation for, attendance and follow-up activities will be budgeted based on an estimated total labor effort of 10 hours per staff member' per meeting. These meetings are expected to cover miscellaneous issues related to the health of the Clam Bay system, as well as ongoing coordination efforts between the Consultant and Consultants chosen by the Pelican Bay Foundation. Pelican Bay's consultants are expected to be working on a coordinated effort to develop proposed potential criteria for levels of dissolved oxygen within the Clam Bay system. . Total Amount of Task 3 = $17,874. $16,674 for fully-loaded labor; $1,200 for direct . expenses. Deliverables Deliverables associated with this effort include preparation for and presentations at two local (Collier County) meetings for peer review and input from various stakeholders, as well as preparation for and presentations at two meetings with staff from FDEP - Tallahassee. Deliverables will also include the preparation of draft and final reports outlining the data sources, analytical techniques employed, and derivation of locally-appropriate water quality criteria for the Clam Bay system. These locally-derived proposed water quality criteria will include the following: 1) numeric nutrient criteria for nitrogen and phosphorus concentrations within the Clam Bay system, 2) numeric criteria for levels of Chlorophyll-a within the Clam Bay system, 3) numeric nutrient criteria for downstream protective values (DPVs) for stormwater runoff for the Clam Bay system's watershed, 4) initial source-identification efforts for fecal colifonn bacteria, and 5) in coordination with ongoing efforts by the Pelican Bay Foundation and its consultants, proposed criteria for dissolved oxygen for the Clam Bay system. Budget . The consultant will be compensated for labor on a time and material basis in the amount of $64,498 with an additional amount of $12,650 to be used for direct expenses, for a total not-to- exceed cost of $77,148. If directed to do so by the County, the amount of $12,650 for direct expenses for bacterial source identification efforts can be removed from the budget amount and PBS&J 3 Packet Page -728- Contract 09-5262-CZ SCOPE-OF- WORK 4/26/2011 Item 10.G. March 7, 2011 separately contracted between Collier County and the preferred independent laboratory (Source Molecular) with no change to the remaining contract amount. A detailed budget is shown in the attached spreadsheet (Appendix A). SCHEDULE The above scope is based on an estimated six (6) month schedule of participation. The work assignment may be amended if the schedule is extended beyond the six months. PBS&J will update County staff on the schedule, task and present budget of the project at project milestones. BUDGET In accordance with Collier County Contract Number 09-5262-CZ "County Wide Engineering Services" compensation for the above scope of work will be based time and materials as noted below not to exceed the amount listed below without authorization from the Countyl Task 1 Summary Task 1 - Data compilation, review and $27,490.00 analysis (T &:M) Task 2 - Agency review and comment $31,784.00 (T &M) (T &M) Task 3 - Continued technical support $17.874.00 Total $77,148.00 gd~ March 7, 2011 David A. Tomasko Senior Program Manager PBS&J-Atkins Date PBS&J 4 Packet Page -729- . . . Contract 09-5262-CZ . March 7, 2011 4/26/2011 Item 10.G. SCOPE-OF- WORK e__~~'_~~~~-~cc~-~--~'c~~~-~-~-=._"'~~~-~~~~d(all::lllCUror.y'Ol-KTUO;:;l.auto.-l,-uu~t;tr~~-=-~~----~~~-~--_.~~'-'-..--.. Client Collier County .--.--.-...,- ~.~_.~~~~-_..~_.~_&~_.~~--_..~..-._-,---------~~~--....-....~-,.---~--------~~-----~. _._-~..._--~ ---~---~_.~~.,---~~.~. ~._.~-~~ ....._-~... __________ * Fully Loaded Rates based on a rate sheet for Contract 09-5152 ___._ Proj:ct Wate:_qu~.:. Crit~~~~~pm~~~r ChlIIl~~L_______._~_~__--,.__________._______~,_.._.. !,!~j~~~-=_~J?__ __.___..__. ___.h_____ __ __.______ _________ _.___ ..m...___.._ _..___._.~~~~~y:_l?~~_. .__.. Sr. Project Manager (DT) Sr. Project }"fanager (IT) m'. Specialists (EK, C\VP, lDNI) GIS Specialist (K.<\.) Emironmental Specialist (TM) Clerical (PF) Clerical (CD) Total Hours Labor Cost Fully Loaded Hr. Rate 5165.00 5165.00 ~.OO 5100.00 S115.00 S60.00 S60.00 . -~"------R~~bti;~-;blE.' Co;t;. ....----. Source ill efforts for bacteria Travel. Graphics/Reproduction Total Reimbnrsables _ Iotal Projecf Budget ... . PBS&J Task 1 T~k2 D~t~ Ccmpib.ti= A!""-"Y F-=<ci"", 2m!. R.~\~"", a1lllCcmm..,t 2:1- 120 0 0 SO 55 32 2:l. .lL (I 0 40 S S 176 :48 SIS,~O 519,784 Task 1 Task 2 Ihb Ccmpib.ti"" ~~""Y r~vi::~ .1.D:.1Lzr;-i:'l;"' me Ccmment S9,000 5150 S300 S9,?50 so 51,000 SO 51,000 : ~si7.490. Packet Page -730- Task 3 Continl:OGT~ Total labor S"I'Pcrl Hours 60 2W Cost 533,660 ~,950 511,768 S5,600 S3,680 S2,400 Sl,440 30 30 16 151 0 56 (I 32 {I 40 S 14 114 538 516,674 S64,498 Task 3 Cmllimleo T~::hni:;u Reimbursable Costs Sewcrt so Sl,OOO 5200 51,200 59,000 53,150 S50!l 5l2,650 ." :"_~t7~~4.:-~: 5 4/26/2011 Item 10.G. WORK ORDER/PURCHASE ORDER . Agreement for PBS&J an Atkins Company (North America Atkins) Dated: March 9, 2010 (Contract 09-5262-CZ) This Work Order is for professional Engineering services for work known as: Water Quality Criteria for Clam Bay Estuary. Project Name: Water Quality Criteria for the Clam Bay Estuary Project No/Funding Source: 111-110409 The work is specified in the proposal dated March 7, 2011 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work OrderIPurchase Order is assigned to: PBS&J. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Date Compilation, Review and Analysis Agency Review and Comment Continued Technical Support Schedule of Work: Complete work within 365 days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following methodes): DNegotiated Lump Sum DLump Sum Plus Reimbursable Costs ~Time & Material (established hourly rate - Schedule B) DCost Plus Fixed Fee, as provided in the attached proposal. . Task I Task II Task III TOTAL FEE $ $ $ $ 27,490.00 31,784.00 17,874.00 77,148.00 (T &M) (T &M) (T &M) (T &M) Any change made subsequent to [mal department approval will be considered an additional service and charged according to Schedule "B" of the original Contract Agreement. APPROVED BY: Gary McAlpin, CZM Director Date ACCEPTED BY: PBS&J an Atkins Company (North America Atkins) 4/2/11 Date . Project Director