Agenda 06/14/2011 Item #10D
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6/14/2011 Item 10.0.
EXECUTfVES~Y
Recommendation to award Contract 10-5572 for Wiggins Pass Channel Straightening -
Design and Permitting to Coastal Planning and Engineering (CP&E) and authorize the
Chairman to execute the standard contract after County Attorney approval in the amount
of $177,489.
OBJECTIVE: To provide design engineering and pennitting services to the Wiggins Pass
Channel Straightening Project in accordance with FDEP requirements.
CONSIDERA TIONS: On February 8, 2011 the BCC approved the selection of firms under
RFP ] 0-5572 for Wiggins Pass Permitting, Modeling & Inlet Management Plan to CP&E and
directed staff to bring a negotiated contract to the Board for subsequent approval. Staff has
negotiated Contract 10-5572 with CP&E.
At the March 8, 2011 BCC meeting, staff was directed to consult with FDEP and solicit the
probability ofFDEP issuing a pernlit for straightening the pass utilizing a soft engineering smd
dike approach as outlined in the CP&E proposal dated October 18, 2010. The BCC expressed
concerns as a result of FDEP's Request for Additional Information #1; calls from the
community to harden Wiggins Pass; and the position of the State Park relative to sand bypassing
and dredging. The BCC requested that FDEP review CP&E's proposal and comment on the
feasibility of obtaining a pennit to perfonn this work.
Staff conducted three telephone conferences vvith FDEP and met personally with Deputy
Secretary Jeff Littlejohn and Secretary Hershel Vinyard. On 5/13/20] I FDEP issued a letter
concurring with the County's approach; summarizing discussions and commitments; and
indicating that FDEP could recommend pennit approval based on acceptance of requested
teclmical information. FDEP's 5/13/2011 letter is attached.
CP&E has utilized state of the art technology to model the channel performance and standard
engineering practice to design this project. The modeling indicates that a four year cycle time
between major dredging events can be expected with nonnal wave climates and annual stann
events. This longer cycle is based on a hydraulically balanced chaImel cross section;
straightening the channel; and an optimum pass depth. Historic and representative wave climate
data has been used to predict pass conditions over a series of weather events and years. A four
year cycle time between major dredging events is expected but cannot be guaranteed. To
account for the fluctuations and variability in wave climate, storms and coastal processes, an
intermediate dredging event that removes up to 10K Cy's of material on a two year cycle
(between major dredging events) may be needed. This material would be disposed within the
boundmies of the historic ebb shoal and would require equipment that would be less expensive to
mobilize and use. This contingency has always been included in the permit applications and
discussed in the studies and reports developed for the project.
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6/14/2011 Item 10.D.
Based on the recent technical discussions with FDEP, CP&E has revised this proposal to perfonn
this work. Total cost has not changed but the item breakdown has been modified from the
original proposal dated 10/18/2010. The cost breakdown and comparison is as foIIows:
10-18-2010
Proposal
$9,227
$55,374
$23,065
$39,337
$50,486
$0
Total Cost $177,489
The contract term for this work is two hundred twenty-five (225) days.
5-25-2011
Proposal
$9,227
$55,374
$25,065
$0
$77,823
$10,000
$177,489
Task
Phase
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2
3
4
5
6
Preparation for and Attendance at Meetings
Prepare Inlet Management Study
Prepare County Environmental Impact Statement
Modeling of Ebb Shoal and Final Design
Additional Geotechnical Investigations
Contingency
ADVISORY COMl\1ITTEE RECOMMENDATIONS: On October 14, 2010, the Coastal
Advisory Committee voted to approve straightening Wiggins Pass channel utilizing a soft
engineering sand dike approach by 5 to 1.
The Tourist Development Council on November 22, 2010 voted 8 to 0 to approve straightening
Wiggins Pass channel utilizing a soft engineering sand dike approach.
CP&E's proposal has been modified since approval by the CAC and the TDC. However, staff
believes that approval by the CAC and TDC of the revised proposal dated May 25, 2011 is not
required due to no cost or material changes. Staff wiII provide an update report and proposal to
the CAC and TDC at the next regularly scheduled meetings.
FISCAL IMPACT: The source offunds is Category "A" Tourist Development Taxes.
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 legaIIy sufficient for Board action. - CMG
RECOMMENDATION: Award Contract 10-5572 for Wiggins Pass Straightening - Design
and Pennitting to CP&E and authorize the Chairman to execute the standard contract after
County Attorney approval.
PREPARED BY: Gary McAlpin, Coastal Zone Management
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6/14/2011 Item 10.0.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.0.
Item Summary: Recommendation to award Contract 10-5572 for Wiggins Pass Channel
Straightening - Design and Permitting to Coastal Planning and Engineering (CP&E) and
authorize the Chairman to execute the standard contract after County Attorney approval in the
amount of $177,489. (Gary McAlpin, Coastal Zone Management Director)
Meeting Date: 6/14/2011
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
6/6/2011 8:38:42 AM
Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
6/6/2011 8:38:43 AM
Approved By
Name: McAlpin Gary
Title: Director - Coastal Management Programs, Coastal Zone Management
Date: 6/6/2011 12:58:38 PM
Name: WoodLyn
Title: Contracts Specialist,Purchasing & General Services
Date: 6/6/2011 1:08:52 PM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 6/7/2011 8:28:53 AM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 6/7/2011 9:24:59 AM
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6/14/2011 Item 10.0.
Name: RamseyMarla
Title: Administrator, Public Services
Date: 6/7/2011 9:40:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/7/2011 9:59:31 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/7/2011 4:03:03 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/7/2011 5:26:08 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/8/2011 8:17:04 AM
Name: GreenwaldRandy
Title: ManagementlBudget Analyst,Office of Management & B
Date: 6/8/2011 9:38:07 AM
Name: OchsLeo
Title: County Manager
Date: 6/8/2011 11 :35:49 AM
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6/14/2011 Item 10.0.
Rick Scott
Governor
Florida Departn1ent of
Envirolunental Protection
Jennifer Carroll
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Herschel T. Vinyard. Jr.
Secretary
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05/13/2011
J. Gary McAlpin, Director
Coastal Zone Management
Collier County Public Services Division
3299 Tamiami Trail East, Suite 103
Naples, Florida 34112
RE: Vviggins Pass Navigation Channel Expansion and Maintenance Dredging
Jcp Application File No. 0142538-008-JC
Dear Mr. McAlpin:
This is in response to your letter dated March 18, 2011, and your request during our
teleconference of April 27, 2011, for the Bureau staff's comments and recommendations on the
referenced Jcp application.
The County submitted the application on February 22, 2010, and the Department requested
additional information and provided a preliminary evaluation of the proposed activities in a
letter dated March 24, 2010. Subsequently, the County consulted with the Department staff on
the information needed to complete the permit application, specifically, the geotechnical
investigation of the project site. Recently, the County has conferred vvith the Department's
Secretary and Bureau staff through letters, meetings, and teleconferences. The comments and
recommendations provided below are consistent with these earlier exchanges and our current
understanding of the County's proposed revisions to the design of the Wiggins Pass
Navigation Project.
The Bureau staff could recommend approval of a sh'aightened navigation channel that uses
beach-compatible sediment from tlle dredging and excavation of the channel to .fill the existing
chmmel meander 1'vitllin the Pass. The County has emphasized the need to straighten tlle
chmmel for navigation safety mld for improved hydra:u1ic efficiency to lengthen the
maintenance dredging cycle. The Bureau staff concurs with this justification to maintain a
straightened cllannel. Furthermore, Bureau staff does not consider the comments provided by
the Park Service staff to indicate there are impacts to shorebird habitat that "\-\Tould preclude
approval of a straighter channel aligrunent. Upon completion of the permit application witll
the County's submittal of the information requested by the Department on March 24, 2010 -
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6/14/2011 Item 10.D.
Mr. J Gary ~cf\lpin
May 13, 201~
Page 2
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along with the revisions to the project proposed by the County as discussed below - Bureau
staff could recommend approval of a permit.
The County shall revise the width and depth of a straightened navigation channel to avoid
dredging ~nd excavation of the consolidated materials (marine peat, clay and rock) that are
beneath tlte sandy bottom of the Pass. This material acts to stabilize the mouth of Wiggins
Pass at its lhistoric location, and as has been clearly articulated, Bureau staff is concerned that
removal o~ this material could lead to lateral migration of the inlet channel and beach-dune
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erosion o~the adjacent Parks. To address this concern, the Deparbnent requested additional
informatidm, specifically, analyses of inlet hydraulics and geomorphic changes, to demonstrate
'with reasqnable assurance that after removal of the consolidated material, the proposed
channel ""10uld maintain lateral stability within the historic location of Wiggins Pass. VVith the
design re~isions to avoid dredging of the consolidated material, the necessity for additional
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numerical: modeling is not required to complete the permit application. Please submit the
other infoi"mation requested by the Department on March 24, 2010, to facilitate our ability to
complete ~ engineering staff review of the numerical modeling study report submitted in the
permit application.
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The Coun~y shall conduct a detailed geologic field investigation to map and characterize the
sedimenu1 underlying Wiggins Pass. This information is necessary to revise tlle design of a
straighteqed navigation channel to avoid tlle underlying consolidated material. During 2010,
the Burea? staff consulted vvith the County on a geotechnical investigation site plan. The
County sijall finalize the site plan and a scope of work in consultation with the Bureau staff
prior to e~ecution of the field investigation. If the investigation is conducted in accordance
Witll the s~te plan and scope of work, then submittal of the geologic maps and sediment
characterization shall complete these aspects of the permit application.
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The Depattment also remains concerned that dredging the clay could increase turbidity during
and after fonstruction, even if the material is not placed in the meander. As the clay is being
dredged, ~y suspension of the clay could significantly increase the size and duration of the
turbidity plume, as well as sedimentation on tlle surrounding resources. If tlle clay layer
remains e~posed in the channel after dredging, currents could continue to suspend tlle
material cind cause a chronic increase in turbidity. Therefore, if your project design is revised
to avoid ttlese areas as stated above, this concern would be alleviated, and does not need to be
further a4dressed in the application.
Based up~n a review of the information provided in the application, the Bureau engineering
staff does! not find support for an increase in the maintenance dredging cycle from n'\TO years to
four year~ resulting from the channel expansion. Regardless, the Bureau staff v,rill recommend
issuance 9f a ten-year permit for periodic maintenance dredging, and hence, the maintenance
dredging imay occur as needed.
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6/14/2011 Item 10.0.
Mr. J Gary McAlpin
May 13, 2011
Page 3
Although not a part of the permit application, it was noted during our teleconference that the
use of jetties, or other inlet stabilization structures, would not necessarily increase the
maintenance dredging interval, but would likely cause significant erosion of the adjacent
beaches. The cost of beach erosion control activities to mitigate erosion caused by inlet
structures ,.\1ould surely exceed the cost savings of an increase in the maintenance dredging
cycle. Hence, a four-year dredging cycle, which is a longer dredging cycle than that necessary
to maintain many navigation channels in Florida, may not be feasible as part of a long-term
solution sought by the County.
In its request for additional information dated March 24,2010, the Department has requested
an updated Inlet Management Plan be prepared by the County. The information submitted in
your application indicates that most of the analyses needed to complete a management plan
were near completion a year ago. In accordance with Chapter 161, Florida Statutes, and
Rule 62B-41, Florida Administrative Code, a plan is clearly required to conduct the proposed
activity, and more importantly, vvill be vital to the successful operation and maintenance of the
inlet navigation project.
Please do not hesitate to contact me if you have any questions pertaining to the above.
Sincerely,
1.4 / -/ i!~ .(l1~
IV~___/';'_"'l [- '/" t,;
# / \-- / ='"""~
e ,;i \i
Michael R. Barnett, P .E., Chief
Bureau of Beaches and Coastal Systems
MRB / td
cc: Joe Moreland
Steve Keehn
Jeff Andrews
Robert Brantly
Marty Seeling
Lainie Edv\Tards
J emrifer Koch
Subarna 11alakar
Vince George
Jeff Raley
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6/14/2011 Item 10.0.
Contract #10-5572
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Wiggins Pass Channel Straightening - Design and Permitting
PROFESSIONAL SERVICES AGREEMENT
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THI$ AGREEMENT is made and entered into this _ day of , 2011
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by and between the Board of County Commissioners for Collier County, Florida, a political
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SUbdiViSi01 of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
Coastal PI$nning & Engineering, Inc., authorized to do business in the State of Florida, whose
business a;ddress is 2481 NW Boca Raton Boulevard, Boca Raton, Florida 33431 (hereinafter
referred to [as the "CONSULTANT").
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WIT N E SSE T H:
WH~REAS, the OWNER desires to obtain the professional Coastal Zone Management .
Consulting services of the CONSULTANT concerning Wiggins Pass Channel Straightening
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- Design ~nd Permitting (hereinafter referred to as the "Project"), said services being more
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fully descriped in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
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WH~REAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WH~REAS, the CONSULTANT represents that it has expertise in the type of
profession~1 services that will be required for the Project.
NOYV, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, th~ parties hereto agree as follows:
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6/14/2011 Item 10.0.
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1.
CONSULTANT shall provide to OWNER professional Coastal Zone Management
Consulting services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
. and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates 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
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6/14/2011 Item 10.D.
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to this Ag~eement. The CONSULTANT agrees that the Project Coordinator shall devote
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whatever time is required to satisfactorily manage the services to be provided and performed by .
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSUL T~NT from the Project without OWNER;S prior written approval, and if so removed
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must be im;mediately replaced with a person acceptable to OWNER.
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1.6. COt'rJSUL T ANT agrees, within fourteen (14) calendar days of receipt of a written request
from Own~r to promptly remove and replace the Project Coordinator, or any other personnel
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employed pr retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel :of any such subconsultants or subcontractors engaged by the CONSULTANT to
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provide alld perform services or work pursuant to the requirements of this Agreement, said
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request m~y be made with or without cause. Any personnel so removed must be immediately
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replaced '^iith a person acceptable to OWNER.
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1.7.
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Thei CONSULTANT represents to the OWNER that it has expertise in the type of
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profession?1 services that will be performed pursuant to this Agreement and has extensive
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experienc~ with projects similar to the Project required hereunder. The CONSULTANT agrees
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that all serVices to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWN~R'S review and approval and shall be in accordance with the generally accepted
standards lof professional practice in the State of Florida, as well as in accordance with all
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applicable! laws, statutes, ordinances, codes, rules, regulations and requirements of any
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governme~tal agencies, including the Florida Building Code where applicable, which regulate or
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have juri~diction over the Project or the services to be provided and performed by
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CONSUL 1ANT hereunder. In the event of any conflicts in these requirements, the
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CONSUL 11ANT shall notify the OWNER of such conflict and utilize its best professional
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judgment ~o advise OWNER regarding resolution of each such conflict. OWNER'S approval of
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the desigrl documents in no way relieves CONSULTANT of its obligation to deliver complete
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and accur~te documents necessary for successful construction of the Project.
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6/14/2011 Item 10.0.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
. for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
. legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
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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6/14/2011 Item 10.0.
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common n$ming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
EOP, etc) , and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authoriz~d in writing by OWNER through a Change Order to this Agreement, CONSULTANT
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shall furnis:h or obtain from others Additional Services of the types listed in Article Two herein.
The agree~ upon scope, compensation and schedule for Additional Services shall be set forth in
the Amen~ment authorizing those Additional Services. With respect to the individuals with
authority t~ authorize Additional Services under this Agreement, such authority will be as
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established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
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such servi~es are authorized. These services will be paid for by OWNER as indicated in Article
Five and $chedule B. Except in an emergency endangering life or property, any Additional
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Services rTiust be approved in writing via an Amendment to this Agreement prior to starting such
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services. iOWNER will not be responsible for the costs of Additional Services commenced
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without subh express prior written approval. Failure to obtain such prior written approval for
Additionallservices will be deemed: (i) a waiver of any claim by CONSULTANT for such
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Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
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rather a ~art of the Basic Services required of CONSULTANT hereunder. If OWNER
determine~ that a change in the Agreement is required because of the action taken by
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CONSUL rrNT in response to an emergency, an Amendment shall be issued to document the
conseque~ces of the changes or variations, provided that CONSULTANT has delivered written
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notice to 9WNER of the emergency within forty-eight (48) hours from when CONSULTANT
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knew or s~ould have known of its occurrence. Failure to provide the forty-eight (48) hour written
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notice not~d above, waives CONSULTANT'S right it otherwise may have had to seek an
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adjustmenf to its compensation or time of performance under this Agreement. The following
services, it not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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6/14/2011 Item 10.0.
2.1. Preparation of applications and supporting documents (except those already to be
. furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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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6/14/2011 Item 10.0.
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2.8. Pre~aring to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other I~gal or administrative proceeding, involving the Project (except for assistance in .
consultatiors which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise ~rovided for in this Agreement or not customarily furnished in Collier County as part of
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the Basic Services in accordance with generally accepted professional practice.
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ARTICLE THREE
OWNER'S RESPONSIBILITIES
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3.1. The! OWNER shall designate in writing a project manager to act as OWNER'S
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representative with respect to the services to be rendered under this Agreement (hereinafter
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referred tol as the "Project Manager"). The Project Manager shall have authority to transmit
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instructions, receive information, interpret and define OWNER'S policies and decisions with
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respect tOI CONSULTANT'S services for the Project. However, the Project Manager is not .
authorized ito issue any verbal or written orders or instructions to the CONSULTANT that would
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have the $ffect, or be interpreted to have the effect, of modifying or changing in any way
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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.
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3.2. Thd Project Manager shall:
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! (a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
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in accordance with this Agreement;
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6/14/2011 Item 10.0.
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expand ability,
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 pertormed 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
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lock-outs, tren CONSULTANT shall notify OWNER in writing within five (5) working days after
commencehlent of such delay, stating the specific cause or causes thereof, or be deemed to .
have waived any right which CONSULTANT may have had to request a time extension for that
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specific del:ay.
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4.3. No irterruption, interference, inefficiency, suspension or delay in the commencement or
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progress of CONSULTANT'S services from any cause whatsoever, including those for which
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OWNER rtJay be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform on give rise to any right to damages or additional compensation from OWNER.
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CONSUL T~NT'S sole remedy against OWNER will be the right to seek an extension of time to
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its schedul~ provided, however, the granting of any such time extension shall not be a condition
precedent ito the aforementioned "No Damage For Delay" provision. This paragraph shall
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expressly ?pply to claims for early completion, as well as claims based on late completion.
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Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
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hereunder i have been delayed for a total of one hundred eighty (180) calendar days, .
CONSUL T~NT'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
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CONSUL T~NT, if any, as a result of such delays.
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4.4 ShoGld 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
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available t? the OWNER hereunder, the OWNER at its sole discretion and option may withhold
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any and iall payments due and owing to the CONSULTANT until such time as the
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CONSUL T~NT resumes performance of its obligations hereunder in such a manner so as to
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reasonabl~ establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
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will shortly!be back on schedule.
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4.5
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In no event shall any approval by OWNER authorizing CONSULTANT to continue
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performing: Work under this Agreement or any payment issued by OWNER to CONSULTANT be
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6/14/2011 Item 10.0.
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
. any other damages hereunder.
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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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6/14/2011 Item 10.D.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
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7.1. CO~SULTANT 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
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Agreemen~ 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
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document,tion 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,
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however, spch activity shall be conducted only during normal business hours.
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ARTICLE EIGHT
INDEMNIFICATION
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8.1. To ~he maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harml~ss OWNER, its officers and employees from any and all liabilities, damages, losses
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and costs, jincluding, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent ca~sed by the negligence, recklessness, or intentionally wrongful conduct of
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CONSUL TfA.NT or anyone employed or utilized by the CONSULTANT in the performance of this
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Agreemen,. This indemnification obligation shall not be construed to negate, abridge or reduce
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any other ~ghts or remedies which otherwise may be available to an indemnified party or person
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described tn this paragraph 8.1.
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i ARTICLE NINE
INSURANCE
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9.1. CO~SUL T ANT shall obtain and carry, at all times during its performance under the
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Contract qocuments, insurance of the types and in the amounts set forth in SCHEDULE D to
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this Agreerpent.
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6/14/2011 Item 10.0.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies. other than the Business Automobile policy.
Professional Liability policy, and the Workers Compensation policy.
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier 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.
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6/14/2011 Item 10.0.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
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10.1. Thei services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unle~s otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of t~e services of any other person or firm by CONSULTANT, as independent consultant
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or otherwi~e, shall be subject to the prior written approval of the OWNER. No provision of this
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Agreemen~ shall, however, be construed as constituting an agreement between the OWNER
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and any sych 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
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may then otherwise exist without regard to this Agreement.
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10.2 Attabhed as Schedule F is a listing of all key personnel CONSULTANT intends to assign
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to the Proj~ct to perform the Services required hereunder. Such personnel shall be committed
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to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
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has identifed each subconsultant and subcontractor it intends to utilize on the Project in .
Schedule ft. All personnel, subconsultants and subcontractors identified in Schedule F shall not
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be remove~ or replaced without OWNER'S prior written consent.
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1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
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subcontractors. By appropriate written agreement, the CONSULTANT shall require each
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subconsul~ant or subcontractor, to the extent of the Services to be performed by the
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subconsul~ant or subcontractor, to be bound to the CONSULTANT by the terms of this
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Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
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which thJ CONSULTANT, by this Agreement, assumes toward the OWNER. Each
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subconsul~ant 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
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subcontraGtor so that the subconsulting or subcontracting thereof will not prejudice such rights.
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6/14/2011 Item 10.0.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
. enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
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
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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
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6/14/2011 Item 10.0.
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
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conditions pf this Agreement, or (f) for any other just cause. The OWNER may so terminate this .
Agreement!, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
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notice of the material default.
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12.2. If, a~er 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
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excusable,! or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided fdr in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
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shall be d~emed to be the notice of termination provided for in paragraph 12.3, below, and
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CONSULTANT's remedies against OWNER shall be the same as and be limited to those
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afforded CbNSUL TANT under paragraph 12.3, below.
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12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
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cause upoh seven (7) calendar days written notice to CONSULTANT. In the event of such
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terminati01 for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of ~he fee earned through the date of termination, together with any retainage withheld
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and any dosts reasonably incurred by CONSULTANT that are directly attributable to the
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terminatio~, but CONSULTANT shall not be entitled to any other or further recovery against
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OWNER, fncluding, but not limited to, anticipated fees or profits on work not required to be
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performed~ CONSULTANT must mitigate all such costs to the greatest extent reasonably
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possible.
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12.4. Updn termination and as directed by Owner, the CONSULTANT shall deliver to the
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OWNER a:1l original papers, records, documents, drawings, models, and other material set forth
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and descdbed in this Agreement, including those described in Section 6, that are in
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CONSUL l1ANT'S possession or under its control.
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6/14/2011 Item 10.0.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
. provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
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.
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6/14/2011 Item 10.0.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
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13.1. COtiSUL T ANT warrants that CONSULTANT has not employed or retained any company
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or person, i other than a bona fide employee working solely for CONSULTANT, to solicit or
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secure thi~ Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, ~orporation, individual or firm, other than a bona fide employee working solely for
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CONSUL T.f\NT, any fee, commission, percentage, gift or any other consideration contingent
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upon or re9ulting from the award or making of this Agreement.
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13.2. In ~ccordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSUL Tf\NT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
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and incorpprated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting i the compensation for CONSULTANT'S services to be provided under this
Agreemenl are accurate, complete and current at the time of the Agreement. The .
CONSUL T~NT agrees that the original Agreement price and any additions thereto shall be
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adjusted tq exclude any significant sums by which the OWNER determines the Agreement price
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was increa;sed due to inaccurate, incomplete, or non-current wage rates and other factual unit
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costs. Alii such adjustments shall be made within one (1) year following the end of this
Agreemen~.
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ARTICLE FOURTEEN
CONFLICT OF INTEREST
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14.1. CO~SUL TANT represents that it presently has no interest and shall acquire no interest,
either dire6t or indirect, which would conflict in any manner with the performance of services
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required h~reunder. CONSULTANT further represents that no persons having any such interest
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shall be e~ployed to perform those services.
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6/14/2011 Item 10.D.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
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 & Engineering, Inc.
2481 NW Boca Raton Boulevard
Boca Raton, FL 33431
Attention: Thomas Campbell, President
Telephone: 561-391-8102
Facsimile: 561-391-9116
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.
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6/14/2011 Item 10.0.
ARTICLE SEVENTEEN
MISCELLANEOUS
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17.1. CO~SULTANT, in representing OWNER, shall promote the best interests of OWNER
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and assumie towards OWNER a duty of the highest trust, confidence. and fair dealing.
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17.2. No modification. waiver. suspension or termination of the Agreement or of any terms
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thereof sh~1I impair the rights or liabilities of either party.
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17.3. Thi~ Agreement is not assignable, or otherwise transferable in whole or in part. by
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CONSULTANT without the prior written consent of OWNER.
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17.4. Wai~ers by either party of a breach of any provision of this Agreement shall not be
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deemed toi be a waiver of any other breach and shall not be construed to be a modification of
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the terms ~f this Agreement.
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17.5. The! headings of the Articles, Schedules, Parts and Attachments as contained in this
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Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change th~ provisions in such Articles, Schedules, Parts and Attachments.
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17.6. Thi~ Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire ~greement between the parties hereto and shall supersede, replace and nullify any
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and all pribr agreements or understandings, written or oral. relating to the matter set forth
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herein, an{!i any such prior agreements or understanding shall have no force or effect whatever
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on this Agneement.
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17. 7 Unl~ss otherwise expressly noted herein. all representations and covenants of the parties
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shall survive the expiration or termination of this Agreement.
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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 attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL T ANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
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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
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6/14/2011 Item 10.0.
upon or re~ulting 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 (n Article 13 and attached hereto and made a part hereof as Schedule E. .
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CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
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determine~ the compensation was increased due to inaccurate, incomplete, or noncurrent wage
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rates and other factual unit costs.
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19.2 By Its execution of this Agreement, CONSULTANT acknowledges that it has been
informed b~ OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 prio'r to the initiation of any action or proceeding permitted by this Agreement to resolve
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disputes b~tween the parties, the parties shall make a good faith effort to resolve any such
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disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
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with full ~ecision-making authority and by OWNER'S staff person who. would make the
presentati~n of any settlement reached during negotiations to OWNER for approval. Failing
resolution,1 and prior to the commencement of depositions in any litigation between the parties
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arising out! of this Agreement, the parties shall attempt to resolve the dispute through Mediation .
before an iagreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
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6/14/2011 Item 10.0.
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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6/14/2011 Item 10.D.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
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Agreement for Wiggins Pass Channel Straightening - Design and Permitting the day and
year first wdtten above.
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ATTEST:
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Dwight E. Brock, Clerk
By:
Date:
Print Name i
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Witness
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Print Name I
Witness
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Print Name I
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BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairman
Coastal Plannina & EngineerinQ, Inc.
By:
Typed Name and Title
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...,.... "
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6/14/2011 Item 10.0.
~"._.__~ ~___.~h_~.~'C~__~_.___~.____ _,___"__~_____~__'__'~~'____<___'L_._.__.___-._.__...__~ __,__._~___~'____'r_~~_~_._._~~_.
Attachment I
'._"_ _._ . __.~._._.___~_._____.._____~____.___'~ _~~______________'_~_____~'_C ~-.__.~'~'~____'_~.~~ .~__,__,'~_______-','-~__'-__~~'_~~-__ -----.~~,. '-", -~ ~-
. ,
____._,_.~__.-._____.___._._.~~________.~-___T_~____C__-.._
,ggntra_~! # 1 0~?5?~~igg~n_~.J:a.~~~!:Qli!~i ng!_~-2~t~i ng-.?~9_!l}let . ty1anage.!!l~I}L ______ ___
~_.;_ ~'___~'__ ______~__-._____._______~-_._~._ ~ .___~_._~_..___._.._._.____~_._.._ _-_~~~_T_..._#-_.._"__ _~_ "~_'__'. -.-__
Stan.~~~QJ::!9_l!rIY.l~.~t~_~checj.u~..f~r ~Il ~l~~ipl~~~____. _.....___._ _._ ____ ___p.
.. . ..__ -~T_.~ ,.__. _ ._ "_~'_.-_"_~_..,_~_____'_' ___ ___._____._,.' ___'~___n_._____'_'" .._-,' ..-^._._...,,-.~~-.,~"..----~._-"-----'--' ---. ......-. ."_..- .---.
Personnel Category .".._.___ _v' _______.________ Standard Hourlv Rate
_.~ . ~._.. _ . ,_ _.~_ __""'. _ .______. ..__" .."_.~n~.. K_~_'__'__-.' _~,__~ ._'_~~~_,'n..-'''--_-_'' '_~.~.~.4_~____'_ n-_..~.~.___"_~~_...., -..~______. ~~._-____ -0
_ __ . !:~in_cit:?aL-__ ..____________________,... _______._ __________~1~?_.u___.__
.._. ..4 ._~,_.~_...T.n__~.__ __.__..__.__._____.__.___~_._ -- -;,'_._--,- ,-~- ---',_'~_.' -.--....--...~.--.,-,-'-.--..". .-- ,~-- .--..-----~-- --
Sel1ior ProjectManage!.___.__.__________________.. ___..._.. ___.__
$J.~5. ..
_L ____ ___~, > _ "~_~.__".._ _ '.~' ..___-_~,m___-~~~"-~ _._..______.~.T~_~,._.._ ....-..,~_.. ~~ ..,~_..._.".,_ .-~.~.---.-....- -.--~-~...-...~.,._"...--~..- ---,'--','-.' .------~~----~ -"." "--,-.-- ,
Project tv1anag~r ..... ___' _...___ _..___~ ___._..______._______n__ _" ...____0_ .$.1j!!_____.. u...
__,.~._.._. _._ __~_ .'_T__'___"_,_ __~",__,,__,_,_'__'L__. _~___._"~_T__.____.___.__ _____~____~_~__ _"no --~-------~- -.-._~ -~."~"..~- ~.~-~-,._-.~~._-
Senior ~ngi~~er________.~~,_>._.~ .___..__.____ .__ ,__ ,_.__....___u.__.~.___$.1_55. .._______ .~
.. .~- - - ..~ ...~-----_....~_., .--.----. ~~...... ,---_.~~-~ ~.._- ..-._-~_.._._._--_._--_. -~..~ ..-_.. ---"'~'.'~-_._-"'_._"~ -_.-.~ -_.._"-~ ..-'. .-.....-.- -
.. .. }~ngine.~~ __.__....__ __ .____.._._____._.._.m_._________,.__,____._._____..O_~__ ~11~___n_'__._
_' _.~ __.~~ __".... ._._" _~_.. ."n.~_'9"_~ __~~_._~ __._~~".__~._"_._._._-_.__.~~~,._~. _____.__.~..~~._..-.~,_.._..~_.. . ~_'n~... ,~--- ...~.. .-.--.~._~..
____..___ _l?~~!~r !nsp_ect~~ _.,_ __.._____________.______________._____..o__._~85
.._...__ _ _. J~nior Engine_er
$85
.~_"._~__~'_" ._~_ _._~._ __ _.-_" _,' _ __". ."._,___.__ ~ __- ..._ _'_'.~.~'_". ,~.~__..__~__T"_'.____-,._~ . ._._~.. __"_ _,~ ._'.'n__._. ~
.____._ ._.... __ Jl1sRi?~J~__._ .____.__'0.. _ ___.__.. _ __~_.......~_.__.__ .__,.___ .._.. . ,.._._______._ _. .- ._.,. ___h $~5
__ ~~____._. ~ - _..__~_~_~__ - _..._____~.. __ ~_.___~.~~~.______~~__....._._..___ _._._.~_.._______ ._ _~ __. ".___~' "~____..__~_,,__.__~_._._,____~.._.~ ~'___"_ _.____n_...___ "~~__
.... _.~____~t3r)iqr.~lanne.r __ ,____. _0_ ..__ .__.__ ..w..___O._.,._.._._________. ..__ '.' ._~____" _.~_1~Q ....-. -.. .-.--- ...
___._.__o.__~.-~.~ ._~_ __~~.._~~,'.__ __."'___" __T._._.... "_'_'._~.'_ ..__"_._ _.~._.__~._ ___".... ~___,_. __..,.._._..~_..",'____ _ __m._..._.___ __.._ k_.'__~ __ .~_..._ ..-.. . -., __T
___ u... __J)~an_n_~r____ UP_ _u____. ~_____ _ __..___ _H pd' ____T._____. _ $110 q-------..
___".__ - ___..~ ._.... - .-._----'.__..0-. _ ..._~____.~.,._____, _______. - ____ ,'_,._. - ___-.....~_ _."'_ _".._____. ___ __._. _,_.,,'_'_' ._ .__,~_~..._"..~_~._____."~._..,.._...."._.,._,,... - __. - ___nO --. --".--
_. >nu._..__.~_Clcl~~~r.. ..._,"N' ~.un'__' ..o.________.____._n_.____._______~__._____.~110. -------
__~_." _~__._. ~ _. ~_..__~. .~~_ ._ ..._. __."'~.~_'_. __._.~_,_______~__._~_. _'___._. .. .,__,_ _____.'n_....__._____.,__ -..,_....__~. ..____"._.____ -~~- ~- -.-- '-'- ~ -... <
._.h_ _H _ ~LJI1!o~Mocl~l~r_n ._.___._...___ .__ _._.____.____~_______ ..__ $75 .- . --.- . -
~-- .. .,., -
. ..-_0___ Seniorp~signer_ $115
~___ _ ._.,.___~__~_ .,~.~_.~....___.~_~_~__. ._-__._._~_._"..___... ._..._.___._._ ~.v~...._____ ~_._p_..____~_.....__.__.
~_.... .__ ... ~~ologil;! I qe_sign~r n__ __._ _._ .___~_ ____ ~_n___ $10_0
-- .~_.------_..~..-.._---.- .-~-~"-------"-., ._~.-
Em,;rt?n~enta.1 SJ:l.ecialist.._...____. $115
_.__..~= ___ ~~'__' _ -. ._...-__.~.~..-_""c-__,
._ .._._.___ S~ior GIS~p.eciali.~L.__.._~_________.____ ..___,__ 0______..._ ___.__.___n_~}45
,,__.____ _ __._....~A[)QJ GIS_,Sp~ciali~!,__
______p$J.90 u..._
~~__ ~______..-_._.~. "..__._"___ - _.~_..., ~_.___,,'''_ _..__._~_~._.___. ._~n.__-."_..._.._._~.___ ,~. _ ____,__"_. _ ...__,_ .._._._.__.,,~ _1'_'_ _____ _....,_...._._.."...___-'~___...--.,
.. ~.__ . .__. u_
$69 ___ _~m_
Intern
_..__.A__~'r_..__.. ____,__..__.__~._.'____~_____ _".__._~.._. _,,_"__T~ .~'-,.~._.~ _.. .~--.----.._.~-,.... ~..,-..-.._.-.--.----.-.".~.~~... ._._~--,-...--" -- ,---..--.--. - ~.~
__~~._.~._.~.~.,._.._ ~~____~.._.___.~___-L._____._____~________...________.__~_~,...___.__..___. "--~--"-.~,,--"-~._-, -.~-'
Clerical
$60
~ _. ..._- .----" -" ~'. - ---'-'....""
CADD Technician
$85
_ n__ _~.l:I~Y.~r~~_~n2 _r:T18_n __._,________ n_____...__.______~_ .. ...... ~....- - .--..
.__~13Q .
$160
...~180 ._ __ .._.
. _ l?u.ryey Crew_,-} maQ
_ ______._ ~u.rvey _~!e'"Y_:_411].a!:l.__ _ _. u___ ___~. .__ ___ ..__ __.___ ___
_..~-~____._________.__~__. __.'.n_ __..T.._.n_.~_"_~ '.~ ,_ ..-.______,_"_L~_.".__ ." __._.,.~_.___..._. "_,,_Ln. --- ~." - - ~,-.~-....,"---."- ..--".-."...-.~
This list isnot intended _to_~)~ all-i':1~lus..ive. Hourly rate fees}or ot~er categ()ries 9fpr(~f~~sionaI,
_ ........w _ support and other services .sh.<"ILbe mutLJally !1egoti~ted_byth_e_g()unty ancl Firm__
. _ ()~Cl project by project basis Cls nee~eq
_~.___".___ "'_'" _ ._~_ _---_..L _ _."__...n'__L__._."._..~..__. ___~___~____.__.___,._._.._".___._,_ .-r__...__._.__
____ ___.n __.F.'le8:~e ngte_:.Jl1ese rates apply_t()_otJ1~~ Coastal Pla[1ning & Enginee~ng,.lnc. c.9mpani~s_
__________.__ __..._.., _ A)foasta~ P!l2Qning~_~ng!!1~~_n.ng ~Y..r~()r:!bfa.r()Jina.~.I!ls::.___.__,~__ __ ..
..._.Vu __ ..._._ H BLCC?C!~!l3I.ELCl_nning__.g._~ng!l"!e~n.ng_()Lf'J~~.Y.9rJ5LEQ.___n__ - _u____ --- -~.--
~___'_ ___ ._..._,.. _.....___ .C) foastal ConsultClri.~l~.rnbi~l1ta!.L!di3. ..__
24
Packet Page -538-
6/14/2011 Item 10.0.
SCHEDULE D
INSURANCE COVERAGE
.
(1) i 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 eqyivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the beloW listed minimum required coverages, CONSULTANT must identify on the Certificate
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of Insuranqe the nature and amount of such self-insured retentions or deductibles and provide
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satisfactorY evidence of financial responsibility for such obligations. All self-insured retentions or
deductible~ will be CONSULTANT'S sole responsibility.
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(2) The insurance required by this Agreement shall be written for not less than the limits
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specified h~rein or required by law, whichever is greater.
(3) icoverages 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
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specified i~ this Agreement, whichever is longer.
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(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
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evidencing! the fact that CONSULTANT has acquired and put in place the insurance coverages
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and limits :required hereunder. In addition, certified, true and exact copies of all insurance
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policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
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certificates! shall contain a provision that coverages afforded under the policies will not be
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canceled ~r allowed to expire until at least thirty (30) days prior written notice has been given to
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the OWNEjR. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
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hours afte~ 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 .
D-I
Packet Page -539-
6/14/2011 Item 10.0.
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
. in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
.
D-2
Packet Page -540-
6/14/2011 Item 10.0.
,
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion! of the services required hereunder or termination of the Agreement, the .
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
!
of Insuranc~ not later than three (3) business days after the renewal of the policy(ies). Failure of
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the Contraptor to provide the OWNER with such renewal certificate(s) shall be deemed a
material br$ach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
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Required bY this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
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CONSUL T.f\NT during the term of this Agreement for all employees engaged in the work under
!
this Agree~ent in accordance with the laws of the State of Florida. The amounts of such
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insurance shall not be less than:
!
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a. ViJorker's Compensation - Florida Statutory Requirements
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b. ~mployers' Liability (check one)
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$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
xi
- ;--
,
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$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) ~he insurance company shall waive all claims rights against the OWNER and the
,
policy shall be so endorsed.
.
D-3
Packet Page -541-
6/14/2011 Item 10.D.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
. where applicable to the completion of the work.
_ Applicable
Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable
Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
. maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
.
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
D-4
Packet Page -542-
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
6/14/2011 Item 10.0.
_X_Gen~ral Aggregate
Proqucts/Completed Operations Aggregate
Personal and Advertising Injury
Eac~ Occurrence
Fire :Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
.
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
,
be endors~d using the following endorsement wording. "This endorsement modifies insurance
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provided ~nder the following: Commercial General Liability Coverage Part. The General
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Aggregate iLimit under LIMITS OF INSURANCE applies separately to each of your projects
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away frorrl premises owned by or rented to you." Applicable deductibles or self-insured
retentions !shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
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retentions: carried by the CONSULTANT shall be subject to the approval of the Risk
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Managem~nt Director or his/her designee.
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(3) !The OWNER, Collier County Government, shall be named as an Additional Insured .
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and the pdlicy shall be endorsed that such coverage shall be primary to any similar coverage
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carried by the OWNER.
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(4) iCoverage shall be included for explosion, collapse or underground property damage
claims.
,
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCON~UL TANT in limits of not less than the Commercial General Liability limit shown in
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sUbParagr~Ph (1) above if applicable to the completion of the Services under this Agreement.
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~ Applicable
Not Applicable
(7) i Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCON$UL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
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comPletio1 of the Services under this Agreement. .
~ Applicable Not Applicable
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I Packet :~:e -543-
.
.
.
6/14/2011 Item 10.0.
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:
J_ Bodily Injury & Property Damage - $ 500,000
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? J_ 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
D-6
Packet Page -544-
6/14/2011 Item 10.0.
--1 $1,000,000 each claim and in the aggregate
~ $2,000,000 each claim and in the aggregate
.
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_X';'" $5,000,000 each claim and in the aggregate
,
(2) i Any deductible applicable to any claim shall be the sole responsibility of the
,
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
,
(3) iThe CONSULTANT shall continue this coverage for this Project for a period of not
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less than fi~e (5) years following completion and acceptance of the Project by the OWNER.
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(4) n-he 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
,
Certificate~ of Insurance providing for an unqualified written notice to OWNER of any
,
cancellatiop 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-
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four (24) rlours after receipt, of any notices of expiration, cancellation, non-renewal or material
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change in poverages or limits received by CONSULTANT from its insurer. In the event of more
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than a twe:nty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
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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
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endorsements issued or to be issued on the policy if requested by OWNER.
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j VALUABLE PAPERS INSURANCE
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(1) In ~he sole discretion of the County, CONSULTANT may be required to purchase
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valuable p~pers and records coverage for plans, specifications, drawings, reports, maps, books,
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blueprints,l and other printed documents in an amount sufficient to cover the cost of recreating or
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reconstru~ting valuable papers or records utilized during the term of this Agreement. .
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D-7
Packet Page -545-
6/14/2011 Item 10.0.
. 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
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
. consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
.
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
D-8
Packet Page -546-
6/14/2011 Item 10.0.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In cbmpliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, qoastal Planning & Engineering, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to be
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provided ynder the Professional Services Agreement, concerning Wiggins Pass Channel
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Straightel1ing - Design and Permitting are accurate, complete and current as of the time of
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contracting:.
Coastal Planning & Engineering, Inc.
BY:
TITLE:
DATE:
E-l
Packet Page -547-
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6/14/2011 Item 10.D.
SCHEDULE F
KEY PERSONNEL, SUBCONSUL T ANTS AND SUBCONTRACTORS
PREPARATION OF INLET MANAGEMENT PLAN,
COUNTY ENVIRONMENTAL IMPACT STATEMENT, MODELING & GEOTECHNICAL
INVESTIGATION FOR DESIGN, AND
PERMITTING OF WIGGINS PASS IMPROVEMENTS
Name
Thomas Campbell
Stephen Keehn, PE
Nicole Sharp
Tom Pierro
Undino Benedet
Chris Day
Lucas Silveira
Jessica Craft
Stacy Prekel
Melany Larenas, PG
Beth Forest
Major Contributors during first 90 days
Position
Percentage of Time
Principals in Charge
Project Manager/Senior Coastal Engineer
Junior Coastal Engineer
Coastal Engineer/Modeling Coordinator
Modeler
Modeler
Junior Modeler
Environmental Specialist/Marine Biologist
Environmental Specialist/Marine Biologist
Professional Geologist
Geologist
2%
30%
35%
5%
15%
10%
35%
25%
15%
15%
25%
F-l
Packet Page -548-
6/14/2011 Item 10.0.
SCHEDULE A
SCOPE OF SERVICES
.
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SCOPE OF WORK for PREPARATION OF INLET MANAGEMENT PLAN,
COUNTY ENVIRONMENTAL IMP ACT STATEMENT AND GEOTECHNICAL
I
INVESTIGATION FOR DESIGN AND PERMITTING OF WIGGINS PASS
! IMPROVEMENTS FOR CONTRACT 10-5572
May 2011
The! enclosed scope of work describes additional tasks necessary to complete the
pe~itting process for a new 10 year permit for Wiggins Pass. These tasks were not
incl~ded in the initial Engineering and Permitting scope of work for Wiggins Pass, since
the~ were identified following its approval.
Thi$ work will be based on the 1995 Inlet Management Plan prepared for Collier County
(County), the recently completed Joint Coastal Permit Application (February 2010), and
the !Wiggins Pass Modeling Report (January 2009) for Navigation Improvements and
Ero$ion Reduction Project for Wiggins Pass, Florida. These tasks will be incorporated
into! the new report and EIS, and will be the basis for responding to March 2010 RAI
frOl-h the Corps and FDEP. This is a revised scope of work and fee proposal to support
additional work on Wiggins Pass based on the letter dated May 13,2011 and the May 20,
20111 telephone conference from FDEP.
i
The! tasks include:
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Task 1. Preparation for and Attendance at Meetings
Task 2. Prepare Inlet Management Study
Task 3. Prepare County Environmental Impact Statement
Task 4. Modeling of Additional Alternatives
Task 5. Additional Geotechnical Field Investigation
: Contingency
.
PREPARATION FOR AND ATTENDANCE AT MEETINGS
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Th~re is a need to attend meetings with FDEP and meet with agency representatives
inclpding NMFS to kick off the next phase of the project and for periodic in progress
rev~ew. The number of meeting will be 1 in Tallahassee, 2 in Collier County with the
agepcies, and/or one at an agency office. Meeting includes some preparation time.
!
TI. 1 PREPARE INLET MANAGEMENT STUDY
Th~ Florida Department of Environmental Protection (FDEP) is requiring the preparation
of ~ new inlet management study as part of the pennitting process as described below
fioOlP Chapter 62B-41 Rules and Procedures for Application of Coastal Pennits:
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Packet Page -549-
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6/14/2011 Item 10.0.
(112) Demonstration of consistency with adopted statewide strategic management plan, an
inlet management plan or a proposed draft inlet management plan in accordance with
Rule 62B-41. 005 (16). If not included in the inlet management plan the applicant l1'iZZ
provide the following:
1. A description of the physical characteristics of the inlet;
2. A sediment budget for the inlet;
3. An analysis of the stability and hydraulic characteristics of the inlet including current
velocities, tidal prism and current patterns of the flood and ebb tides;
4. A description of the wind and wave climate in the area of inlet influence;
5. A description of the sediment characteristics of the inlet and its related shoals;
6. 171e influence of existing manmade structures;
7. 171e current and historic shoreline erosion and accretion trends;
8. A. statement of pelformance objectives and an analysis of the expected effect of
proposed coastal construction on the coastal system and marine turtles within the inlet
area of influence;
9. An analysis of available alternatives to the proposed coastal construction, including
the no action alternative, on meeting the stated pelformance objective and any related
effects on the coastal system or marine turtles; and
10. A demonstration of the anticipated public benefits of the coastal construction.
The inlet management plan will consider the intent in the new legislation that modifies
how sediments are managed at navigation inlets, which may be directive in nature as it
pertains to Wiggins Pass. Specific guidance from FDEP will be provided during the
repOlt preparation process. The new legislation changes Section 161.142 and 161.143
F.S.
The completed inlet modeling report, Joint Coastal Permit (JCP) application and field
data collection for Wiggins Pass improvements will provide the basis for addressing the
10 requirements listed above, and will be incorporated in the final plan. The plan will
also address COlllinents received from FDEP during their site visit on March 10, 2010,
their initial request for additional infoTInation (RAI) and the May 13, 2011 letter. A
cOlllinittee appointed by the County will review progress of the plan preparation and their
decisions will be incorporated into the plan. The initial draft plan will be submitted to the
County and FDEP for their comments. The FDEP's adopted plan may differ from the
County's based on the State's procedures.
The goals for the Wiggins Pass navigation improvement study as developed by Collier
County and the Wiggins Pass Modeling Evaluation Work Group are:
1. To provide a safe chaImel for boating;
2. To address erosion at Barefoot Beach;
3. To lengthen the dredge cycle and accomplish it with the least effect on the
environment; and
4. To provide a solution that is economically effective.
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6/14/2011 Item 10.0.
The ~asks incorporating the above are A-E below:
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TASK II-A. COASTAL ENGINEERING ANALYSIS
1. nata Collection & Review. This task was largely completed with the initial permit and
mo~eling work, but a comprehensive search will be conducted to locate recent literature
and :data to supplement the previously developed history of recent natural and manmade
mo~ifications to the inlet and adjacent areas. Recent topographic and bathymetric data of
the havigation channel and ebb and flood shoals will also be compiled. Potential data
sou~ces include FDEP and County beach and inlet profile surveys, high density LiDAR
dat~ or other local entities including previous data collection and compilation by other
10c8;1 consultants. Available aerial photography may be utilized to provide supplemental
sho~eline position information.
2. Shoreline Position Mappin!l & Chan!!e Analvsis. The analysis of shoreline positions
will! provide the basis for assessing short-term and long-tenn shoreline change. The
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con$ultant will consider episodic sediment transport trends resulting from hurricanes,
inlet modifications and beach nourishment. We will analyze and document inlet activities
that!have occurred since dredging began in 1984 and evaluate if those activities may have
had iimpacts to the inlet shoreline or adjacent areas.
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Thel consultant will use a geographic information system (GIS) approach to compile and
anatyze the temporal shoreline position change analyses. The GIS analysis will enable
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temporal and spatial comparison of FDEP historical shorelines and historical aerial
photography.
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Foritime periods where survey data are not available, shoreline changes will be estimated
frotiJ the interpretation of aerial photographs. An effort will be made to collect photos in
digital format. If only hard copies are available, they will be scanned and geo-rectified
usi~g GIS so that shorelines can be mapped. Special considerations will be given to
shott-term changes so natural and man-made responses are not minimized by averaging
dat~.
Inl~t ebb and flood shoal configurations, channel orientation and dimensions will be
illu~trated with available aerial photography sets. The inlet change data will be compared
to geach shoreline changes to identify correlations and shoal configurations.
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3. !volumetric Chan!les and Sediment Bud!!et Update. A post-dredge sediment budget
analysis will be used to describe the sediment transport pathways in the vicinity of
Wiggins Pass and adjacent beaches. It will be compared to the sediment budget from the
19Q5 study. The sediment budget will be expanded beyond the 1-mi monitoring area
n01h and south ofthe inlet.
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Av~ilable wind, wave, and tidal data will be reviewed. The wave climate will be assessed
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in ~he vicinity of the project to detennine the representative range of incident wave
an~les, wave heights, and wave periods. The intent is simply to help con:finTI the
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6/14/2011 Item 10.D.
influences of stonns and of changes in inlet and nearshore morphology on the sediment
transport patterns.
The inlet area of influence will be defined and inlet impacts and solutions will be
determined based on these zones. An odd-even analysis will be based on this defined
region.
4. Development of Inlet Management Alternatives. The consultant will identify and
describe various non-structural alternatives to improve sediment management within
Wiggins Pass. No structural alternative will be considered. The alternatives will address
methods to control inlet chmmel migration, channel modifications, dredge management
options for the navigation channel entrance, and sand distribution and bypassing to re-
establish near-historic levels of sediment transport. Quantity and costs will be developed
for the selected alternative that is shown to be viable. The perfonnance of viable
management options will be evaluated in Task B.
Alternatives will consist of various channel dimensions, orientations, and on-and-
offshore disposal plans compared to the existing conditions.
TASK II-B. INCORPORATE WAVE & CURRENT MEASUREMENTS, MODELING
AND STABILTY CURVE
The consultant has previously deployed two acoustic Doppler current profilers (ADeps)
in the study area for a period of one month. The tide height, CUlTent and wave infonnation
collected from this deployment was used to calibrate the Delft-3D model determining
effects such as wave damping and wave transformation as waves approach the nearshore.
The results of field data collection and modeling will be described and illustrated in the
plan per items 1 and 4 above. The measured wave, current and water level data will also
be delivered in raw and processed (time series) formats on a CD-ROM. Survey data was
collected during the wave measurement programs, and will be used to develop an updated
stability curve for the inlet which will be compared to the historic curve developed in the
1995 plan. The results of the modeling will be summarized and illustrated in the
modeling section.
TASK II-C. IMP COORDINATION AND MEETING
1. Proiect Administration. The consultant will attend meetings with FDEP, the Coastal
Advisory COlmnittee (CAe) and its Sub-cOlmnittee on Wiggins Pass, and assist with
formulating a plan acceptable to a broad range of local and state interests. Coordination
with FDEP Bureau of Beaches and Coastal Systems (BBCS) will be maintained
throughout the process in order to solicit their comments if they do not attend the
meetings.
It is assumed that the consultant will attend up to three (3) COlmnittee and Sub-committee
meetings of the CAC, to be held in Naples. The consultant will prepare meeting exhibits
and other project documentation. The consultant will attend the meetings and assist the
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6/14/2011 Item 10.0.
COuP.ty with communications with key stakeholders and development of the County's
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plat1.
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T A~K I-D. ENVIRONMENTAL EFFECTS OF PROPOSED CONSTRUCTION
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1. Environmental Section. Previously obtained information will be incorporated into an
env~ronmental section describing the effects of the proposed construction on the coastal
syst~m and sea turtles.
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2. Natural Resources Map. A map of natural resources in the project area compared to
the project layout will be updated for inclusion in the report.
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TA$K II-E. PREPARATION OF UPDATED INLET MANAGEMENT DOCUMENT
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1. Preparation of Draft Report. The consultant will prepare a draft IMP based on the
coastal engineering analysis, updated sediment budget and numerical modeling results of
marlagement alternatives. The report will sUlmnarize the construction quantities and
estilnated costs as well as the impact on adjacent beaches, channel shoaling and
mairtenance requirements. The consultant will also summarize potential enviromnental
iss*s that may affect the pennitting of inlet modifications. Based on the results of the
inv~stigations, the consultant will recommend a modified inlet and beach sediment
ma~agement approach. Drawings will be prepared for the selected alternative. The draft
oft11e IMP will be submitted to the County and the FDEP for review and comment.
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2. Preparation of Final Report. Based on County, State, Federal and public comments, a
fimi] updated Inlet Management Plan will be prepared. Five (5) printed copies and digital
CD~ROM copies of the fmal report will be provided to the County and FDEP. Pertinent
conjments provided during the permit process will be integrated into the plan.
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m.l PREPARE COUNTY ENVIRONMENTAL IMPACT STATEMENT
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ACGording to Collier County Land Development Code (LDC) 10.02.02A, an
En~ironmental Impact Statement (EIS) must be prepared in support of a Special
Tre~tment Permit approval. Special Treatment (ST) Overlays (LDC 02.03.07) are areas
within the County which, "because of their unique assemblages of flora and/or fauna,
the~r aesthetic appeal, historic or archeological significance, rarity in the County, or their
C011tribution to their o\\'n and adjacent ecosystems, make them worthy of special
regUlations." Such areas include mangrove and freshwater swamps, barrier islands,
har~wood hammocks, and coastal beaches, all of which fall within the Wiggins Pass
project vicinity. The purpose of the ST is to assure the preservation and maintenance of
theSe resources. An EIS provides a method to objectively evaluate the impact of a
proposed project upon these resources and enviromnental quality of the project area. An
EI~ will be prepared for this project according to the requirements listed in LDC
10.p2.02A. The EIS will require the preparation of special maps, ecological analysis and
engineering calculations to supplement infonnation already prepared for the JCP pennit
ap~lication. The EIS will incorporate the new and existing information into the County
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6/14/2011 Item 10.0.
EIS format the consultant will attend up to two (2) meetings to discuss and present the
result of the EIS.
As part of the EIS process, CPE's marine biologist and project manager will research and
incorporate facts and concerns discovered since submittal of the State and Federal permit
application in Feb 2010 into the EIS and permit process, specifically FDEP decisions
described in the May 13, 2011 letter. These will be incorporated into the RAI process the
County's EIS, and will be fully coordinated with the Federal agencies. Including the
meetings in I above.
IV. MODELING OF ADDITIONAL ALTERANTIVES
Based on FDEP's letter data May 13,2011 and a telephone conference on May 20,2011,
no additional modeling will be required if the County's straightened channel design
leaves in place most of the marine peat, rock and clay substrate that stabilizes the inlet
location. The inlet management study will present a plan to restore the ebb shoal and
beach, the major purpose of the new modeling.
V. ADDITIONAL GEOTECHNICAL FIELD INVESTIGATION
The purpose of this investigation is to collect data within the Wiggins Pass flood and ebb
shoals as a basis for addressing substrate concerns raised by the Bureau of Beaches and
Coastal Systems, Department of Environmental Protection (BBCS) in the March 2010
Request for Additional Infonnation (RAl) and their May 13 2011 letter. The
investigation plan discussed in this scope of work and shown on Figure 1 was developed
in coordination with Coastal Planning and Engineering, FDEP BBCS and Collier County
during May 2011. The investigations will include geophysical and geoteclmical surveys,
data processing and interpretation, and production of a Field Geotechnical Report needed
to respond to the March 2010 RAl and provide a basis for updating the channel alignment
and design. Investigation results incorporated into the RAI will include a series of fence
post diagrams and a plan view map depicting elevation contours of key seismic reflectors.
Within flood shoal and the inlet throat the contours of the known rock and clay layers
previously identified within the investigation area will be mapped from the sub-bottom
survey. Probes and cores across this area will be used to ground truth these features.
Although the seismic will be limited by depth within the interior channel, any sub-bottom
data collected along with the historic cores and those collect during this investigation will
be utilized to develop the contour elevations of the intelior organic surface
A one (1) day seismic reflection profiling survey will be conducted over the investigation
area. Following the geophysical survey, sixteen (16) vibracores will be collected. It will
take 3 days to obtain the 16 vibracores due to the shallow nature of the work area and the
dangerous conditions working in the strong currents within the inlet and hazardous wave
conditions on the shoals and inlet throat. Both investigation need to be conducted during
period of higher tide levels.
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6/14/2011 Item 10.0.
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TASK V-A: Proiect Mana2ement
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Thi$ task includes the management of the project.
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TASK V-B: GEOPHYSICAL SURVEY
Th~ geophysical investigation will be comprised of a one (1) day joint seismic and
bathymetric survey. The geophysical survey includes subbottom profiling using the
EdgeTech X-Star SB-512i/216s "chirp sonar system". The minimum area to be surveyed
is ~rovide in Figure 1, and will be limited by depth. Time permitting; the survey will
extend outside this region to define the extent of the substrate. Tides will be considered in
sel~cting the time of the survey to maximize coverage. The shallowest region will be
sch~duled for high tide.
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Thei survey control and accuracy standards will be consistent with FDEP specifications, a
repQrt from the surveyor will be submitted certifying that the survey meets Bureau of
Be~ches and Coastal Systems (BBCS) Technical Standards established in Part ILA of
seciion 01200 in the BBCS Monitoring Standards for Beach Erosion Control Projects,
Ma~'ch 2004 and minimum teclmical standards of Chapter 61 G 17-6, Florida
Administrative Code.
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Ge?physical Survey Equipment
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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 high-
precision navigation and instantaneous tide corrections. In order to maintain the
vessel navigation along the profile lines the Hypack Inc.'s hydrographic system
Hypack 201O@ will be used. This software merges RTK GPS vertical and
horizontal positioning with the sounding data, allowing real time review of the
profile data in plan view or cross section fonnat. It also provides navigation to
the helm to control the deviation from the online azimuth.
Seismic Reflectioll Profile Slln'eys
An EdgeTech X-STAR 512i or 216s seismic sub-bottom system will be used to
conduct the seismic reflection profile surveys. The X-STAR SB-512i/216s Full
Spectrum Sonar is a versatile wideband FM sub-bottom profiler that collects
digital normal incidence reflection data over many frequency ranges. This
instrumentation generates cross-sectional images of the seabed (to a depth of up to
50 ft). The X-STAR SB-5l2i/216s transmits an FM pulse that is linearly swept
over a full spectrum frequency range (also called a "chirp pulse"). The tapered
waveform spectrum results in images that have virtually constant resolution with
depth.
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Throughout the offshore seismic reflection survey, selection of the chirp pulse
will be modified in real time to obtain the best possible resolution of geological
features and the sequence stratigraphy (i.e. vertical sequence and lateral
distribution of sediment bodies comprised by different grain sizes and sediment
composition) that in turn optimizes data quality and enhances subsequent
interpretation. High frequency and/or short duration pulses are, for example, used
to obtain highest resolution (clearest reflector image) in near surface situations;
low frequency or longer duration pulses are used where deeper penetration is
required.
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Bathymetric Survey
Bathymetric data will be obtained along the seismic track lines and at each
vibracore site. This investigation will not be sufficient to develop a complete
bathymetric map of the interior channels. The 2009 bathymetric survey will be
utilized for permit and preliminary design in the flood shoal, and the latest annual
survey will be used for the ebb shoal where appropriate. The Odom Hydrographic
Systems, Inc.'s Hydrotrac, a single fioequency portable hydrographic echo
sounder, will be used to perfonn the bathymetric survey. The Hydrotrac operates
a frequency of 210kHz 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 accurately reflect physical water conditions in the
survey area.
Geophysical Data Anal)Tsis
The EdgeTech Discover data acquisition system collects and stores geophysical survey
data in a digital fonnat. EdgeTech's Discover is a modular acquisition and processing
software package that is compatible with all of EdgeTech's systems. It serves as the
digital image processing, display, storage, and surface control station for the EdgeTech
512i/216s sub-bottom profiler (chirp sonar system). This data acquisition system
digitizes, stores, and processes seismic signals and combines the seismic imagery with
navigational inputs to georeference data in real-time. Hardcopy records will be produced
during data acquisition.
All seismic reflection data will be processed using the SonarWiz.MAP software package
developed by Chesapeake Teclmologies Inc. Tins software package allows for advanced
processing, interpretation, and digital mosaic output and can produce georeferenced
HTML's viewable in generic web-browser software programs. SonarWiz.MAP also
produces digital geographic information for the sub-bottom data that are exportable for
incorporation into a GIS database. All sub-bottom profile data will be processed and
interpreted by CPE persOlmel.
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6/14/2011 Item 10.0.
TASK V-C: GEOTECHNICAL SURVEY
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A geotechnical survey plan (Figure I) was developed in coordination with the Florida
Department of Environmental Protections Bureau of Beaches and Coastal Systems
(BB;CS). Si}".'teen (16) vibracores will be collected during this investigation. The coring
depths will e}".'tend at least 2 feet below the proposed channel depth plus overdredge or
refu~al at the hard substrate.
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GeQtechnical Survey Equipment
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A Rossfelder P3 Vibracore, or equivalent, configured to collect undisturbed sediment
cor~s up to 20 feet in length, will be used for this project. This self-contained,
free~tanding electronic vibracore unit contains a vibratory hammer assembly, an
alu~inum beam which acts as the vertical beam upright on the seafloor, an aluminum
corirg pipe, and a cutting edge.
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GeqtechnicaI Data Analysis
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I Sediment Sample Analysis
Upon completion of field operations, all vibracores will be transported to CPE's
office in Boca Raton, FL. There, the vibracores will be logged by describing
sedimentary properties by layer in terms of layer thickness, color, texture (grain
size), composition and presence of clay, silt, gravel, or any other identifying
features. The vibracores will be photographed in 2.0 ft intervals. Sediment
samples will be extracted from the vibracores at irregular intervals based on
distinct stratigraphic layers in the sediment sequence. The vibracores will then be
wrapped and archived. Cores will be stored for a period of up to one (1) year.
After this time, cores will either be relinquished to the client or stored for an
additional annual cost of $25 per core.
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Me'c;/zanical Sieve Analysis
i The sediment samples will be analyzed to detennine color and grain size
distribution. During sieve analysis, any obvious uncharacteristically large
fragments will be removed and the description (weight and size) of the material
will be noted. 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 confonn 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
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6/14/2011 Item 10.0.
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median grain size, sorting, silt/clay percentages for each sample using the moment
method.
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6/14/2011 Item 10.0.
Table I. Mesh sizes to be usedfor granularmetric analysis.
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Sieve No. Size (phi) Size (mm)
3/4 -4.25 19.00
5/8 -4.0 16.00
7/16 -3.5 11.20
5/16 -3.0 8.00
3Y2 -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 1040
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 4.0 006 .
TASK V-D: FIELD REPORT DEVELOPMENT AND RAI RESPONSE
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A final Field Report summarizing the results of the geotechnical investigation will be
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prepared and submitted to Collier County and the FDEP as a response to the March 2010
RAt and as an appendix to the inlet management study. This report will include project
res~lts, sub-bottom (seismic) survey profiles, vibracores logs, vibracores photographs,
graDularmetric reports and grain size distribution curves.
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Frojn the vibracores, as discussed above we will be described for sedimentary properties
by ~ayer in terms of layer thickness, color, texture (grain size), composition and presence
of qlay, silt, gravel, or any other identifying features. We will use this information to
dev~lop a dredge cut protocol similar to the 2007 Lee county "Sediment Quality
As~urance/ Quality Control Plan" for Blind Pass. The protocol will be in accordance with
F AC 62B-41.007(k) which calls for "Material with up to 10% fines by weight, as defined
by passing the #230 sieve, shall be plased directly on the beach. Material v.~th more than
10l}(o but less than 20% fines by weight will be placed in the nearshore region of the
placement area. Material with clay or excessive fine content shall be disposed in an
upl~nd site. Table 2 shows the specifications for the placement areas. Placement of material
in the meander will be subject to negotiation with FDEP, although beach compatible sand
shopld clearly qualify for use in filling the old channel location. .
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6/14/2011 Item 10.0.
Table2. Placement Specification
D < ] 0% by Weight Passing Silt Content
Beach 230 Sieve
D < 5% by Weight Retained Fine Gravel
on 4 Sieve
20% <D < ]0% by Weight Silt Content
Nearshore Passing 230 Sieve
D < 5% by Weight Retained Fine Gravel
on 4 Sieve
D> 20% by Weight Passing Silt Content
230 Sieve
D> 5% by Weight Retained Fine Gravel
on 4 Sieve
D> 3/4" Wood, Rock, Debris or
Upland Other Foreign Material
Material resulting in Clay, Excessive Silt or Fines,
Cementation on the beach Wood, Rock, Debris or
Other Foreign Material
CPE will provide all geotechnical infonnation to the FDEP in an electronic format
suitable for input to the FDEP RecOlmaissance Offshore Sand Search (ROSS) database.
The data will be submitted in Access or gINT files. The submission will include
shapefiles (with the associated FGDC compliant metadata) of vibracore locations and
seismic tracklines. Seismic data will be provided in HTML fonnat. Seismic timestamps
and shot points are not recorded as HTML fonnatting embeds all navigation data, making
timestamps and shot points obsolete.
CPE will use the data collected from these investigations to respond to the Request for
Additional infonnation issued by BBCS on March 24th 2010 and develop the new
channel alignment in Task I above.
CAVEATS
CPE proposes to perf ann the Wiggins Pass Improvements Investigation to the industry
standard of care and will coordinate the investigations with governmental agencies as
required. CPE will attempt to avoid potential problems and restrictions, but there may be
adverse circumstances that cannot be avoided or mitigated. Investigation outcomes are
beyond the control of CPE and may result in the need for additional services. The client
herein recognizes the above referenced risks and agrees to work with CPE to complete
the work. CPE is working exclusively on your behalf and will attempt to limit the risks
as described above to the greatest extent practicable. No new field investigations other
than those described above are anticipated or included in this scope of work.
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6/14/2011 Item 10.D.
A slnall amount has been set aside for contingencies or future RAIs, to be used by
approval of the County.
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VI. ! CONSTRUCTION SERVICES:
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To !be determined: Plans, specification, construction observations, surveys, post-
con~truction report and certification.
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6/14/2011 Item 10.0.
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as
part of its monthly invoice, a progress report reflecting the Project design and
construction status, in terms of the total work effort estimated to be required for the
completion of the Basic Services and any then-authorized Additional Services, as of the
last day of the subject monthly billing cycle. Among other things, the report shall show
all Service items and the percentage complete of each item.
B1.1.1
of:
All monthly status reports and invoices shall be mailed to the attention
Gary McAlpin, Director
Coastal Zone Management
3299 Tamiami Trail East, Suite 103
Naples, Florida 34112
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:
I Preparation for and Attendance at
Meetings
LA Meeting preparation and attendance $ 3,605.00
with permit agencies in Tallahassee
LB Meeting preparation and attendance in $ 4,665.00
Collier County
II Prepare Inlet Manaaement Study
II.A Coastal Engineering Analysis $ 6,748.00
11.8 Wave current and modeling description $14,380.00
and stability curve
ILC IMP coordination and meetings $10,750.00
11.0 Environmental effects of construction $ 4,620.00
ILE Preparation of Inlet Management Plan
ILE.i Draft $12,236.00
B-1
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II.E.ii
III
III.A
III.B
III.C
III.D
III.E
IV
IV.A
IV.B
,IV.B.i
! IV.8.ii
i IV.C
: IV.Ci
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, IV.D
:v
! VI
Final
Prepare County Environmental
Impact Statement
Mapping, graphics and administration
Project description, SLR analysis and
drainage flow
Native vegetation, growth & water
management and archaeology
Prepare for and attend committee
meetings
Incorporate new issues into agency
coordination and RAls
Additional Geotechnical Field
Investigation (12 vcl
Project Management
Geophysical Survey
Mobilization/Demobilization
Geophysical Data Analysis
Geotechnical Survey
Mobilization/Demobilization
Geotechnical Data Analysis
Field Report Development & RAI
Response
Reimbursables - Not to Exceed
Allowance - For Additional RAI(s)
TOTAL
6/14/2011 Item 10.0.
$ 4,640.00
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$ 8,303.00
$ 3,410.00
$ 6,460.00
$ 4,380.00
$ 1,980.00
$ 1,212.00
$ 3,000.00
$ 2,760.00
$ 3,760.00
$ 680.00
$20,660.00
$10,935.00
$38,305.00
$10,000.00
$177,489.00
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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
lall indirect payroll related costs and fringe benefits, all in accordance with and not in
!excess of the rates set forth in the Attachment I to this Schedule B.
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8.2.3. iWith each monthly Application for Payment, CONSULTANT shall submit detailed
!time records, and any other documentation reasonably required by OWNER,
iregarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to
ibe reviewed and approved by OWNER.
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8.2.4 jFor Additional Services provided pursuant to Article 2 of the Agreement, OWNER
lagrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses
ibased on the services to be provided. The negotiated fee shall be based upon
ithe rates specified in Attachment 1 to this Schedule B and all Reimbursable
lExpenses shall comply with the provisions of Section 3.5.1 below. There shall be
Ino overtime pay on Basic Services or Additional Services without OWNER'S .
Iprior written approval.
B-2
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6/14/2011 Item 10.0.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be
the total and complete amount payable to CONSULTANT for the Basic Services
to be performed under the provisions of this Agreement, and shall include the
cost of all materials, equipment, supplies and out-of-pocket expenses incurred in
the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to
perform the Services required of it under this Agreement, as directed by
OWNER, pending resolution of the dispute provided that OWNER continues to
pay to CONSULTANT all amounts that OWNER does not dispute are due and
payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for
under Section 1.1 of this Schedule B, an invoice for fees earned in the
performance of Basic Services and Additional Services during the subject billing
month. Notwithstanding anything herein to the contrary, the CONSULTANT shall
submit no more than one invoice per month for all fees and Reimbursable
Expenses earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner.
Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of contract. Any untimely submission of invoices
beyond the specified deadline period is subject to non-payment under the legal
doctrine of "laches" as untimely submitted. Time shall be deemed of the essence
with respect to the timely submission of invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual
work done, no signature, etc.) shall be returned to CONSULTANT for correction.
Invoices shall be submitted on CONSULTANT'S letterhead and must include the
Purchase Order Number and the Project name and shall not be submitted more
than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may
CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum
determined by multiplying the applicable not to exceed task limits set forth in the
table in Section 2.1 by the percentage Owner has determined CONSULTANT
has completed such task as of that particular monthly billing.
B-3
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6/14/2011 Item 10.D.
8.3.4 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.
8.3.5 Unless specific rates have been established in Attachment 1, attached to this
Schedule 8, CONSULTANT agrees that, with respect to any subconsultant or
subcontractor to be utilized by CONSULTANT for Additional Services,
~ONSUL T ANT shall be limited to a maximum markup of 5% on the fees and
~xpenses associated with such subconsultants and subcontractors.
8.3.5.1
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Reimbursable Expenses associated with Additional Services must
comply with section 112.061, Fla. Stat., or as set forth in the Agreement,
be charged without mark-up by the CONSULTANT, and shall consist
only of the following items:
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.
8.3.5.1.2. 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.
8.3.5.1.3. Permit Fees required by the Project.
8.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
8.3.5.1.5 Expense of models for the County's use.
8.3.4.1.6 Other items on request and approved in writing by the OWNER.
18.3.5.2 Should a conflict exist between the dollar amounts set forth in Section
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112.061, F.S., and the Agreement, the terms of the Agreement shall
prevail.
END OF SCHEDULE 8
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B-4
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Attachment I
Contract # 10-5572 Wiggins Pass Permitting, Modeling and Inlet Management
Standard Hourly Rate Schedule for all disciplines
Personnel CateQorv Standard Hourlv Rate
Principal $195
Senior Project Manager $165
Project Manager $148
Senior Engineer $155
Engineer $119
Senior Inspector $85
Junior Engineer $85
Inspector $65
Senior Planner $140
Planner $110
Modeler $110
. Junior Modeler $75
Senior Designer $115
Geologist / Designer $100
Environmental Specialist $115
Senior GIS Specialist $145
CADD / GIS Specialist $100
Intern $60
Clerical $60
CADD Technician $85
Survey Crew - 2 man $130
Survey Crew - 3 man $160
Survey Crew - 4 man $180
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
.
Please note: These rates apply to other Coastal Planning & Engineering, Inc. companies
A) Coastal Planning & Engineering of North Carolina, Inc.
B) Coastal Planning & Engineering of New York, PC
C) Coastal Consultoria Ambiental Ltda.
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6/14/2011 Item 10.0.
SCHEDULE C
PROJECT MILESTONE SCHEDULE
.
PREPARATION OF INLET MANAGEMENT PLAN,
COUNTY ENVIRONMENTAL IMPACT STATEMENT, MODELING &
GEOTECHNICAL INVESTIGATION FOR DESIGN, AND
PERMITTING OF WIGGINS PASS IMPROVEMENTS
,
Contract Day T ask Completed by Contract Day
I
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o Notice to Proceed
45 Coordination and Consultation Meetings: FDEP. NMFS, FWS & County
90
Submit following to County:
Draft Inlet Management Plan
Draft County Environmental Impact Statement
Draft Modeling Results
Geotechnical Field Investigation and Draft Report - Vibracores
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120 Submit Response to RAI #1 with Reports to Agencies
150 Receive RAI #2
180 Attend Local Consultation and Coordination Meetings.
195 Respond to Second RAI
Finalize Inlet Management Plan, County Environmental Impact Statement
&
Modeling Report based on Comments from permit Agencies and County
225 Receive 3rd Request for Additional Information
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C-l
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SCHEDULE F
KEY PERSONNEL, SUBCONSUL T ANTS AND SUBCONTRACTORS
PREPARATION OF INLET MANAGEMENT PLAN.
COUNTY ENVIRONMENTAL IMPACT STATEMENT, MODELING &
GEOTECHNICAL INVESTIGATION FOR DESIGN, AND
PERMITTING OF WIGGINS PASS IMPROVEMENTS
Name
Thomas Campbell
Stephen Keehn, PE
Nicole Sharp
Tom Pierro
Undine Benedet
Chris Day
Lucas Silveira
Jessica Craft
Stacy Prekel
Melany Larenas, PG
Beth Forest
Major Contributors during first 90 days
Position
Principals in Charge
Project Manager/Senior Coastal Engineer
Junior Coastal Engineer
Coastal Engineer/Modeling Coordinator
Modeler
Modeler
Junior Modeler
Environmental Specialist/Marine Biologist
Environmental Specialist/Marine Biologist
Professional Geologist
Geologist
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Percentage of Time
2%
30%
35%
5%
15%
10%
35%
25%
15%
15%
25%