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Agenda 11/08/2011 Item #16D1611/8/2011 Item 16.D.16. EXECUTIVE SUMMARY Recommendation to approve and ratify staffs unauthorized Zero Dollar Time Extension Change Order for Professional, Engineering Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staffs unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. OBJECTIVE: Update on the history of events, scope and contract changes associated with the dredging permit application for Clam Pass performed ' by Atkins, formerly PBS &J, and obtain approval to pay the final invoice for work completed under Work Order No. 4500100227 for "Clam Pass/Bay Estuary". CONSIDERATIONS: Original Work Order #45000093973 Collier County entered into Contract No. 07 -4153 with PBS &J on October 23, 2007 for "Professional Engineering Services" The original Work Order (No. 4500093973) for $25,060 was issued on 6/12/2008 for third party perspective for professional guidance and expert review of documentation for Clam Pass sand bypassing as well as preparation of a permit application for dredging and hydraulic flushing and emergency storm support for Clam Pass. Also included in this work was the participation in the Clam Bay Estuary discussion group. The Work Order was recommended for approval by the CAC on 6/12/2008 and the TDC on 6/23/2008. Change Order #1 The Clam Bay Advisory Committee (CBAC) was established by the BCC on September 9, 2008. A recommendation was made and approved by the CBAC by a 7 -2 vote on March 19, 2009 to proceed with a new 10 year permit for tidal flushing maintenance dredging only of Clam Pass. On September 10, 2009 Change Order #1 was issued to Atkins for $90,640 bringing the contract total to $115,700. This Change Order included the following scope of Work: • Review of previous Numerical Modeling Efforts - $8,040 • Acquisition of Project Permits - $21,440 (new 10 year permit for tidal flushing maintenance dredging) • Habitat Survey and Environmental Assessment - $7,140 • Geotechnical Investigation — 29,860 • Design Configuration and Analysis of Monitoring Data — $24,160 Pre - application permit discussions with FDEP indicated that this would be a routine permit application. The application would be under the same basis as the previous 10- year permit. Dredging in 2007 was performed under the maximum permit parameters and no adverse impacts to upstream or downstream beaches or coastal environment Packet Page -1103- 11/8/2011 Item 16.D.16. occurred. Change Order #1 was ratified by the BCC on October 13, 2009, item 16E6. For consistent auditing purposes, a change order was issued to control this new portion of work because; although directly related to the original scope, it was distinctly new and different. Change Order #2 Change Order #2 to this Work Order was again issued to control scope and costs. A $10,000 Change Order was issued to Atkins on 1/20/2010 for Miscellaneous CZM Service Requests. The contract total as a result of this change increased to $125,700. The permit history of the previous 10 -year dredging permit along with the width and depth of the cut were items that were not covered in the permit scope of work and became issues that could not be resolved without extensive background investigation. Onsite meetings with the regulatory agencies (FDEP, USACE, USFWS) were conducted to review the project and address concerns. As a result of these meetings, FDEP requested a detailed analysis of the 10 years of physical monitoring data collected by the County. This data was used to determine the critical cross - section of the pass and predict maintenance dredge intervals based on shoaling rates. Change Order #2 was ratified by the BCC on March 9, 2010, item 16E4. Change Order #3 On 7/12/2010 Change Order #3 was issued for $69,050 to Atkins to modify the previously approved permit development task issued in Change Order #1. Prior to submitting their proposal for permitting, discussions were held with FDEP and the USACE to determine permit requirements. These discussions, the routine nature of the request and the past performance of the dredging served as the basis for the scope outlined in the Acquisition of Project Permits for $21,440 in Change Order #1. However, due to the magnitude of community comments and questions (100 +), the agencies requested extensive additional information and justification. Change Order #3 was ratified by the BCC on 7/27/2010, item 16D5. Change Order #4 Change Order #4 is a request for approval of a zero dollar time extension to allow processing of Atkins' final invoice for work completed. Atkins submitted an invoice from November 1, 2010 to July 31, 2011 for professional services rendered. Upon review of the invoice, staff discovered that the Work Order had expired due to the date stipulated in the Notice to Proceed of November 15, 2010. Due to the confusion as to the expiration date the invoice for services rendered by Atkins for November 1, 2010 through July 31, 2011 remains outstanding. On October 13, 2008, due to changes to the SAP financial system, this Work Order was changed to Work Order 4500100227. FISCAL IMPACT: The balance of work order 4500100227 is $50,676.25. The final payment will be $42,530.30. Funds are budgeted in TDC Beaches Fund (195) under project 90060 Clam Pass Ebb Tide Study. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. Packet Page -1104- 11/8/2011 Item 16.D.16. LEGAL CONSIDERATIONS: The County Attorney's Office is providing an "after the fact" review of staff's unauthorized extension of the referenced work order. If the Board wishes to approve payment to the vendor, the Board may ratify staff's unauthorized action of request for services and then make a finding of quantum meruit based on the value of the benefit received. This item requires majority vote and is legally sufficient for Board action. — JAK RECOMMENDATION: To approve and ratify staffs unauthorized Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins (previously known as PBS &J) to Work Order No. 4500100227 in order to process the final invoice for work completed for "Clam Pass /Bay Estuary," ratify staffs unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. PREPARED BY: Gary McAlpin, CZM Director Packet Page -1105- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.16. 11/8/2011 Item 16.D.16. Item Summary: Recommendation to approve and ratify staff's Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass /Bay Estuary". Meeting Date: 9/27/2011 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 9/19/2011 2:51:36 PM Submitted by Title: Accountant,Coastal Zone Management Name: HambrightGail 9/19/20112:51:38 PM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 9/20/2011 1:01:44 PM Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 9/20/2011 1:13:25 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 9/20/20112:43:22 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 9/20/20112:58:57 PM Packet Page -1106- Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 9/20/20113:32:26 PM Name: RamseyMarla Title: Administrator, Public Services Date: 9/20/20114:20:56 PM Name: FinnEd Date: 9/20/20115:22:23 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/21/20119:35:45 AM Name: OchsLeo Title: County Manager Date: 9/21/2011 1:38:37 PM Packet Page -1107- 11/8/2011 Item 16.D.16. 11/8/2011 Item 16.D.16. 09/14/2011 16:28 2393534061 COASTALZONE WORD ORDER # PBad -FT- 4153 -08 -01 Agreement for Fixed Term Professional Engineering Services Dated October 23, 2007 (Contract #07 -4153) This Work Order is for professional engineering services for 'work known as Clam BAY- Sand Bypassing Project Na 900601) Scone of work for Clam Bav stuary improvement Discussion Task Group The work is specified in the proposal dated April 30. 2008, which, is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #RBS7 -FT- 4153 -08 -0 t is assigned to P13S&:7 (Firm Name) Scone of Work_ Task I — Clam Bay Estuary Discussion Group Participation SPhcdule of Work: Complete work within 730 days from receipt of the Notice to Proceed authorizing start of work. Comnensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rates) as enumerated in Schedule "A" of the Agreement)_ (List all Task) Task l $25,060.00 (Time & Material) 'DOTAL FEE $25,060.00 (Time & Material) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement, PREPARED BY: G McAIp n, i7irector Coastal Zone Management ACCEPTED BY: Autbori ed qompany Officer wj&tul IT60e* I Packet Page - 1108 Type or Print otame ana t ztce QS D e Date tp .Mj1j.2-0'4>i> Date /401 09/14/2011 16:28 2393534e61 CQASTALZONE Professional Engineering Services for Work Order #1 Sand Bypassing and Permit Generation 11/8/2011 Item 16.D.16. CLAM BAY ESTUARY IMPROVEMENT DISCUSSION TASK GROUP PBS &J is pleased to provide a scope of work for Clam Bay Estuary Improvement Discussion Task Groups. The intention of this Work Assignment is to provide professional guidance and expert review of project documentation for Clam Bay sand bypassing. In accordance with Collier County Contract Number 07 -41.53 "Professional Engineering Services for Coastal Zone Management Projects" the following scope of work: is presented herein. SCOPE OF WORK Task A — Clam Say Estuary Discussion Group Participation PBS&J will prepare for, travel to, participate and assist in monthly meetings regarding the Sand bypassing at Clam Bay ebb .shoal, and Permit generation group and include, but not limited to, the foll.owing tasks. Review project documentation, reports, permits, monitoring data, inlet management plan, etc. ► Interview Ken Humiston (H &M), Steven Keehn (CP&.E) and Dave Roellig. Provide professional recommendation(s) to the County on the Clam Bay Ebb Shoal analysis and modifications to allow additional dredging and sand bypassing, ► Prepare a report that outlines the findings of the investigation and outlines the project recommendations. SCHEDULE The above scope is based on an estimated eighteen (18) month schedule of participation. The work assignment may be amended if the schedule is extended beyond the Eighteen months. BUDGET In accordance with Collier County Contract Number 07 -4153 "Professional Engineering Services for Coastal Zone Management Projects" compensation for the above scope of work will be based on a Time and Materials charge not to exceed the amount listed below without authorization from the County. Please attached cost breakdown spreadsheet. Task A — Patticipion in Discus ' ips (TIME & MA,TERTALS, not $25,060.00 to exceed/7 I /- --�''� 2008 M PBS&J, 5300 West Cypress Street, Suite 100, Tampa, Florida 33607 2 Packet Page -1109- 09/14/2011 16:28 2393534e61 COASTALZONE 11/8/2011 Item 16.D.16. Packet Page -1110- M n. O _O d N w w a U O O Cl �n a 09/14/2011 16:26 2393534061 A COASTALZONE 11/8/2011 Item 16.D.16. CHANCE ORDER M TO WORKORDER 45-1M27 TO: PBS&J FRONE Coastal Zone Manx ant 5300 W. Cypress Street 3301 East Tamiami Trail Suite 240 Suite 103 Tamp, Florida 33607 Naples, Florida 34112 Clam Say 195- 90028.1 May 9, 2008 Work Order No.: 45- 100227 Order No.. 1 September 9, l 009 Cbisup Order Description: This change order will add the following Tasks and amounts to the ari&ai Work Order: Task 2 Review of Previous Models 58,040 (LS); Task 3.1 Permit Application $21,440 (LS); Task 3.2 HabitatMty. Assessment $7140 (LS); Task 3.3 Geotecbnical Investigation $29,840 (LS); Task 3.4 Design Cott£ and Analysis 524,160 (T&M). 77 is will increase this PO by $90,640. Original agreement amount ................................ ..............................$ 25,060.00 Sum of Previous Changes ............................................ . ...... S 0 This Change Order No. 1 Amount (add) ............. ..............................$ 90.6 40 00 Revised Agre�xtatt Aaruruaf ...................................... ..........___.......S11S,700.00 Original coact time in ealendar days ................. ............................730 days Adjusted number of calendar days due to previous change orders ...............0 days This change order adjusted time is ....... ............................... ..........0 days Revised Conftwd Time in worktv & 3x .. ............................... . ..............0 days Your smepMcx of this change order shall constitute s modification to our A.gretment and will be perfarnaed subject to all the sam terms and conditions as contained in said Agreement indicated above, as 8tlly as if the same were repeated in this acceptance. The adjustment, to this Agreement shah constitute a. full and final sCttlement of any and all claims arising out o£ or related to, the change set forth herein, including claims for impact and delay casts. Approved by Accepted by: Packet Page -1111- Date: Date. rrtiar- 1`f GO O9/14/2011 16:28 2393534061 COASTALZONE Contract 07 -4153 September 9, 2OD9 Additional Work Request WO#45- 93973/45 - 100227 Contract # 07 -4153 September 9, 2009 11/8/2011 Item 16.D.16. rHUt l�l LO SCOPE -OF. - -WORK ' CLAM PASSMAY ESTUARY PBS &J is pleased to provide a scope of work for Clam PassBay Estuary. The intention of this Work A.ssigment is to provide professional guidance, preparation of project documentation and expert review of project information for Clam Pass and Bay Estuary. in accordance with Collier County Contract Number 07 -4153 "Professional Engineering Services for Coastal Zone Management Projects" the following scope of work is presented herein. SCOPE OF WORK Task 2 —.Review- 91 Fm sous Numerical Modeling Efforts PBS&J will obtain copies of two previous modeling; efforts completed for Clam Pass/Bay and conduct a review in order to assess their viability to demonstrate accurate predictions of circulation and water quality within the boundaries of waterways systems influencing Clam Hay. The models that wilt buTcviewed i,1�•lude: 1) Clam Bay Hydrodynamic Modeling and Analysis Prepared by Hurniston and Moore Engineers, August 2003, (copy obtained). 2) Hydrodynamic Modeling Prepared by Tackney and Associates, Inc. in support of the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, April 1997. Correspondence found regarding this application indicates a RMA21SMS model was performed, but no results were found, Additional correspondence indicates that only hydrodynamic calculations and observations were used. PBS&J will research the County and FD EP files, as well as other parties if possible, to locate the model documentation, (copy not obtained). The review of these models will focus on their ability to measure, perform accurate predictions and determine the following • How have circulation patterns and residence time changed over time, and how can this be improved? • How do circulation patterns and nutrient delivery interact to create spatial patterns of water quality in Clam Bay, Venetian Bay and Moorings Bay, and how these patterns affect the estuarine flora and fauna? • How will changes in circulation within Clam. Bay and between Clam Bay, Venetian Bay and Moorings Bay affect the overall estuary? • How will changes to the oonfiguration and functioning of Clam Pass influence the adjacent shoreline morphology, wave fields, flushing rates and residence time of water within the system? FES&I 1 Packet Page -1112- /—N, /'1*11 11/8/2011 Item 16.D.16. 09/14/2011 16:28 2393534061 COASTALZONE Contract 07 -4153 September 9, 2(109 SCOPE-OF-WORK Does sediment accumulation within the system likely impact water quality, shellfish, seagrasses, and other benthic organisms? Task 3 — Clam Pass Application for ivint Coastal 1°ermit 3.1 Acquisition of Project Permits Material and documentation required for the permits will be prepared and submitted to the regulatory agencies; Florida Department of Environmental Protection and U.S. Army Corps of Engineers. A pre - application meeting will be held with the regulatory agencies to outline the previous project activity and permits. This scope of services does not include for any type of detailed environmental documentation such as an Environmental Assessment (EA) or Environmental Impact Statement (EIS). However, it is expected that a Joint Application. for Joint Coastal Permit (JCP) will be required. Once a permit application has been submitted, comments from the agencies will be incorporated into the design, if deemed appropriate. Following submittal of the application, PBS&J will respond to first and second agency requests for additional information to the level allowed by this scope of services. Any items out -of -scope will be discussed with the County and a scope of services will be provided. Appropriate changes to the design documents will be made following review and approval by County staff. Our experience has shown that comments received from agencies do not always necessitate changes in the documents. Upon acquisition of the construction permits, PBS&J will review the final intent and conditions. Based on the conditions presented, PBSW will negotiate on behalf of the County as necessary. Current Understanding - On July 2, 2009, PBS&J received comments (request for additional information (RAFT) back from FDEP concerning the Clam Pass JCP plans and design (attached). After thorough analysis of the request for information, a meeting was beld on July 12, 2009 with Lainie Edwards and other staff members at the Department to discuss clarification and potential relief on specific questions and additional requirements listed in the letter. Specifically questions 25, 27, 29, 31, 33 and 35 were discussed to clarify the Ievel of analysis and information required to respond. Results of the meeting indicate the need to collect additional data and complete further analyses in order to respond to the RAI. .Based on the outcome of the meeting the following scope of services is listed below: 3.2 ifabitatSurvey and Environmental Assessment This work is to be completed by others. PBS&J will utilize existing environmental resource data to prepare an overall map of habitat within or near the proposed dredge footprint. This sbah.l include, but not limited to, mangroves, seagrass, nearshore hardbottom, benthic observations, sea turtle data, manatee, shorebirds and wading birds. The map shall be used to determine if any impacts to environmental resources are proposed within the dredge footprint. This task does not include preparation of mitigation plans nor negotiations with regulatory agencies. PBS&J 2 Packet Page -1113- 09/14/2011 16:28 2393534061 11/8/2011 Item 16.D.16. COASTALZONE rHUt 1ttLb Contract 07 -4153 September 9, 2009 SCOPE -OF -WORK 3.3 GeotechrucalInvestigation 3.3a Native Sediment Sampling and Testing Sand samples will be collected concurrently with the beach, profile surveys. Samples will be taken subsurface (6 -12 inches below the surface) in order to avoid winnowing and sorting. Sand samples will be collected along five longshore transects, corresponding to FDEP monuments R39, R40, R41, R42, and R43. This spacing will be subject to FDEP review to ensure it meets standard Department requirements. Samples may be collected at elevations top of dune ( —+8), toe of dune ( —+5), +3, 0, -3, and -6 feet NGViD29. Modification of sample locations may be necessary due to site specific conditions. Samples will be used to produce a representative composite native beach grain size distribution. Samples will be analyzed using standard Atncrican Society for Testing and Matedals (A.STMA) procedures to determine the grain size distribution. Sediment samples will be visually inspected and logged in detail, in accordance with FDEP and USAGE standards. Color analysis of sediments will use Munsell system of hue, value and chroma. Textural classification during logging will be prepared in accordance with the Unified Soils Classification System, as described in ASTM Standard D -2487. Color photographs of the samples will be taken to record visual characteristics, and samples will be analyzed for grain size, percent fine, and gravel. Samples will also be noted as to whether the sand is hypothesized to be either native or existing based on the influence of surrounding protection projects. Grain size analysis will adhere to ASTM Standard D -422 for mechanical particle size analysis of the soils. Analyses will be conducted by mechanical sieving using, at minimum, the following US standard sieves: aA ", 3.5, 4, 5, 7, 10, 14, 18, 25, 35, 45, 60, 80, 124, 170, and 230. The State defines silt as that material passing the #230 sieve. Please note that the Corps of Engineers may still be using the 0200 sieve to define silt. Carbonate testing by acid digestion will be performed on approximately 500 of the samples, and results will be reported in tabular format. Laboratory quality assurance procedures dictate that a replicate of approximately 5% of alI samples used for grain size analyses be taken. PBS&J understands FDEP requirements for native beach sampling and will adhere to their set guidelines. Grain size distribution of samples processed in accordance with the above procedures will be analyzed using the method of moments and graphic methods as described by Folk. (1974). Tabular summaries of each sample win be generated and will report sieve size, phi size, mesh opening size in millimeters, weight of sediment retained in grams, cumulative percent retained, and cumulative percent passing. Sample statistics (e.g., mean, standard deviation, skewness, and kurtosis) may also be displayed in the summary tables. A frequency plot of grain sine distribution will be provided for each sample in accordance with USACE Form 2087. Following completion of the grain size analysis, a representative native beach physical composite will be calculated for each of the five shore perpendicular lines, and a composite of all samples will be completed. This will be conducted by using the results 0f the six samples per line to physically determine the composite. The sediment analysis and composite calculations shall be performed using established industry standards and be certified by a Professional Geologist registered in the State of Florida. FBS&J Packet Page -1114- 3 rdmilw 09/14/2011 16:28 2393534061 Contract 07 -4153 COASTALZONE September 9, 2009 11/8/2011 Item 16.D.16. SCOPE -OF -WORK 3.3b Sediment Core Boring Investigation A. sediment and core boring analysis will be completed and performed in accordance with the FDEP standards and procedures. A, total of nine (9) sediment core borings will, be taken along the length of the project site. These borings are being completed to characterize the sediment within the proposed dredge footprint, The location of cores will be optimized based on water depth, anticipated core lengths necessary for logging, sampling and archival, and apparent material composition. Should the acquisition of cores become difficult based on depth of penetration, sediment recovery, etc., modifications to these locations will be made in the field, Efforts will be made to keep the spacing a close a possible to the original plan. It is assumed that cores will be collected during two field days and that approximately five cores will be recovered per day, The coring effort entails positioning a vessel over a previously - determined coordinate. Once in position,, the coring system utilizes a push coring devise with clear PVC liner or an impact hammer mounted on the top of a core barrel constructed of aluminum pipe and fitted with an internal plastic liner to contain the sediment core sample. The coring system is deployed into the bottom and is retrieved. OPS positiorting of the core sample is recorded along with record of the barrel penetration into the bottom, The procedure is then repeated following removal of the plastic liner from the, barrel and visual inspection of the material contained within the liner. Sediment sampling of the 9 cores will be completed. It is assumed that two sediment samples will be taken per core. Samples will be taken for sediment characterization analysis, Regulatory procedures for sample testing will be followed. A description of the testing methodology is provided below. Samples will be analyzed using standard American Society for Vesting and Materials (ASTM Procedures to determine the grain size distribution. Sediment sampl.es will be visually inspected and logged in detail, in accordance with FDEP and USACE standards. Color analysis of sediments will. use Munsell system of hue, value and chroma. Textural classification during logging will be prepared in accordance with the Unified Soils Classification System, as described in ASTM Standard D -2487. Color photographs of the samples will be taken to record visual characteristics, and samples will be analyzed for grain size, percent fine, and gravel. Samples will also be noted as to whether the sand is hypothesized to be either native or existing based on the influence of surrounding protection projects. Grain size analysis will adhere to ASTM Standard D -422 for mechanical particle size analysis Of the soils - Analyses will be conducted by mechanical sieving using, at m9nimum, the following US standard sieves: 3 /a ", 3.5, 4, 5, 7, 10.14, 18, 25, 35, 45, 60, 80, 120, I70, and 230. The State defines silt as that material passing the #230 sieve. Please note that the Corps of Engineers may still be using the #200 sieve to define silt. Carbonate testing by acid digestion will be performed on approximately 50% of the samples, and results will be reported in tabular format_ Laboratory quality assurance procedures dictate that a replicate of approximately 5% Of ail samples used for grain size analyses be taken- PBS&J Packet Page -1115- 4 11/8/2011 Item 16.D.16. 09/14/2011 16:28 2393534061 COASTALZONE rr�u� i7 /LD Contract 07.4153 Soptember 9, 2009 SCOPE- OE-WORK I Grain size distribution of samples processed in accordance with the above procedures will be analyzed using the method of moments and graphic methods as described by Folk (1974). Tabular summaries of each sample will be gencrated and will report sieve size, phi size, mesh opening size in millimeters, weight of sediment retained in grants, cumulative percent retained, and cumulative percent passing. Sample statistics (e.g., mean, standard deviation, skewness, and kurtosis) may also be displayed in the Summary tables. A frequency plot of grain size distribution will be provided for each sample in accordance with USACE Form 2087. Following completion of the grain size analysis, a representative physical composite will be calculated for each of the cores, and a composite of all cores will be completed. This will be conducted by using the results of the six samples per line to physically determine the composite. The sediment analysis and composite calculations shall be performed using established industry standards and be certified by a Professional Geologist registered in the State of Florida. 3.3c Beach Compadbility Analysis Standards of beach fill compatibility are defined by the Department Chapter 628- 41.007(2)j. The PBS&J team has adopted this rule as a standard of acceptance for beach fill material from the proposed dredge cut. Based on the results of the sediment sampling and previous sediment testing results a beach compatibility assessment will be performed. This assessment will determine if the sediments within the dredge footprint can be deemed most likely to yield beach compatible sand for placement along the County shoreline. 3.4 Des qn Configuration andAnalysfs o/Monftorfng Data Data collected for the monitoring of the dredging of Clam pass over the past 10 years shall include beach profile surveys, bathymetric surveys within the Pass and Bay, tidal data and aerial photography. Tfiese data have been collected by others and not the responsibility of PBS&J. PBSBJ will coordinate with the County to obtain copies of these data for analysis. The purpose of this analysis is to summarize and discuss the data, perform an analysis to identify erosion and accretion. patterns within the monitored area, and evaluate the tidal exchange as a result of the previous dredge cuts. PBS&S will review the data and use the information. to create a database to identify and characterize trends and current conditions of the project area. Specific quantities and parameters that will be analyzed, if data are available, include the following • Shoreline and volume change rates • Beach profile evolution • Post -storm beach profile change (if applicable) • Bathymetry changes of the shoals (if applicable) • Identifying and quantifying areas of acute erosion + Bathymetry changes across the Pass and Bay + Tidal Analysis + Aerial photography assessment FBS&J Packet Page -1116- 5 09,114/2011 16:28 2393534661 Contract 07 -4153 11/8/2011 Item 16.D.16. COASTALZONE rn.ac &U? cv September 9. 2009 SCOPE -OF -WORK The above analyses will provide a qualitative understanding of the project and/or storm. - induced topography and bathyrnetry changes. PBS&J will prepare for, travel to and attend three (3) meetings. The meetings will be held to coordinate the project, meet with County staff, and to provide project updates to the County Project Manager and other stakeholder representatives as deemed necessary and appropriate. One PBS&J senior engineer will attend each of these meetings, again as deemed appropriate. SCHEDULE The above scope is balled on an estimated eighteen (18) month schedule of participation. The work assignment may be amended if the schedule is extended beyond the eighteen months. PBS&J will complete weekly updates to County staff on the schedule, task and present budget of the project. In addition, quarterly progress reports will be prepared that outline project expenses to date and review the budget and schedule. BUDGET In accordance with Collier County Contract Number 07 -4153 "Professional Engineering Services for Coastal Zone Management Projects" compensation for the above scope of work will be based as noted below not to exceed the amount listed below without authorization from the County. Task 2 — Review of Previous Models $8,040.00 Lump Sum. Task 3 Task 3.1 — Permit Application $21,440.00 Lump Sum Task 3.2 — Habitat/Env. Assessment $7,140.00 Lump.Sum Task 3.3 — Geotechn.ieal Investigation $29,860.00 Lnmp Sum Task 3.4 - Design Conf. and Analysis $24,160.00 Time & Materials Sub Total $82,600.00 Total Tabar PBS&J $901640.00 September 9, 2009 Date PEW 6 Packet Page -1117- 09/14/2011 16:2 2282554061 COAL A Z N 11/8/2011 Item 16.D.16. | § � 4 . �2a � k . a , m � �I . a t- e � :| A � /' k� k ; .......... . L) 4 & k . ■ �I t- e s■ A � t K � � K k ■ q�� - - ■ % R e s� & . t ■ = o s ■ a ■ � R $ ■ ■ ■ � § .2 A � / o.■ ƒ - � 7 � ■ 4 $ �/ j 2 � � � Q 2 \ Packet Page -1118- k : k § � ■ rz| � ! % } ■ � s , � . m . � � & � � 09/14 /2811 16:28 2393534061 � . ... I a 11/8/2011 Item 16.D.16. C A TALZ0 E ,-- - $ W u 2 d J} A k R` a A� = 11/8/2011 Item 16.D.16. C A TALZ0 E ,-- - Packet Pa g -1119- k I � ■ S � � k k � ■ I ok k F u 2 d J} A k a � t k � $ \ � . §. f -- 2 m m a ■ f � 'A ■ 2 In k a a k I § - § - _ _ 7g � �� � 6 a u Packet Pa g -1119- k I � ■ S � � k k � ■ I ok k F 09/14/2011 16:01 2393534061 COASTALZONE 11 /8/2011 Item 16. D.16. CRANGE pRDEIt #s TO W08KORD 7.oane1iIQ � wt TO: PBS�.i FROM. Comabd 5300 W. Cypress Street 3301. East Tamiami Trail S suite 1.03 Suite 200 Tamp, noAda 33607 Naples. klorids 34112 clam Bay 195 - 90028.1 May 9, 2008 Work Order No.: 45- 100227 gang; 008 - No.: 2 S bar 9 1009 Cbaaga Order Deacriptlon: This change order will add the following Tasks and amounts to the original Work Order: New Task 4 Miscellaneous CZM Services Requests 310,000.00• :X Aft Uri agreement amount ...... ............................... ...........� .3 9ii,640.00 Sum. of previous . ............................... ......$ �-� o -- This Chan orrd�er,IN,o. 2, Amount (add) .... ............................... wit 700 00 � ... .73a nays priginal time in calendar ys ............... ..............................0 days s ,Adjusted number of calendar days due to previous change ordws a days 'This ehaage order adjusted time is ................. .... .18 in wvr�eg dar......................................... 910 days ,l�eviaed Corim+ct 1lilrrse Your aceepta1100 of this change order shall constitute a modification to out A mt and as nwned in said will be perfamwd subject do all the same terms and conditions m this Acceptance. The Agreement indicated above, as fully as if the same ""M final emsettl of any and all claims adjustment, to this Agreement shall constitu clairms for impact and delay arising out of, or related to, the change set forth hrreint istcluding costs. I Appmved by: Accepted by: Packet Page -1120- s ..: Date; /2D 0 99/1412011 16:01 2393534061 I Contract 074153 COASTALZONE January 11, 2010 Additional Work Request W O#45- 93973/45- 100227 Contract # 07 -4153 January 11, 2010 11/8/2011 Item 16.D.16. SCOP&OF -WORK CLAM PASSMAX ESTUARY PBS&.J is pleased to provide a scope of work for Clam Pass/Bay Estuary. The intention of this Work Assigunent is to provide professional guidance, preparation of project docum=tation, respond to peer review comments and expert review of project information for Clam Pass and Bay Estuary. In accordance with Collier County Contract Number 074153 "Professional Engineering Services for Coastal Zone Managenmt Projects" the following scope of work is presented herein. SCOPE OF WORK xaask 4 — Miscellaneous CZM Services Requests PBS&J will assist CZM staff prepare for, travel to, and participate in meetings regarding a variety of projects for the County on an as-need basis. The expected work assignments may include, but not limited to, the following tasks: 1. Respond to review comments and questions regarding the Clam Bay System Data Collection and Analysis Report, October 2009. 2. Engineering design services, site investigations, environmental studies /permitting, monitortiing, etc. 3. Review project documentation, reports, permits, monitoring data, management plans, etc. 4. Prepare figures, images, drawings and design documentation for various projects for meetings or inclusion into reports. 5. Provide professional recommendation(s) and guidance to the County on various projects based on result of analyses by County or others. 6. Prepare reports, letters, memorandums that outline the findings of investigations and outline the project recommendations. 7. Miscellaneous meetings at the request of the County. SCHEDULE The above scope is based on an estimated twelve (12) month schedule of participation. The work assignment may be amended if the schedule is extended beyond the twelve months. PBS&J will complete weekly updates to County staff on the schedule, task and present budget of the project In addition, quarterly progress reports will be prepared that outline project expenses to date and review the budget acid schedule. PBS &J 1 Packet Page -1121- 09114/2011 16:01 2393534061 COASTALZONE 11/8/2011 Item 16.D.16. Corua d 07.4153 ]anuary 11, 2010 SCOPE -OF -WORK BUDGET In accordance with Collier County Contract Number 07 -4153 "Professional Engineering Services for Coastal Zone Management Projects" compensation for the above scope of work will be based as noted below not to exceed the amount listed below without authorization from the County. Task 4 — Miscellaneous CZM Services $10,000.00 (Time and Materials) Requests Total $10,000.00 Je Tabor ProfeAirector PBS&J January 11, 2009 Date PEW 2 Packet Page -1122- /—*N 09/14/2011 16:01 11/8/2011 Item 16.D.16. 2393534061 COASTALZONE rr� uocv CHANCE ORDER 43 TO WORKORDER 45- 100227 TO! PB&U - - FROM.- Coal Zone Management 5300 W. Cypress Street 3301 Fast Taimiami Trail Suite 200 Suite 103 Tamp, Florida 33607 Naples, Florida 34112 Clam Bay 195 - 90028.1 May 18, 2010 Work Ordcr No.: 45- 100227 Chan go Order No.: 3 May 18, 2010 Change Order Description.. This change order will add the following Tasks and amounts to the original Work Order: New Task 3.1 Clam Pass Application for Joint Coastal Permit $10,000.00, Original agreement amount ................. .......... ..............................$ 25,060.00 Sutra of Change Order No. 1 .................. ..............................$ 90,640.00 Sumof Change Order No. 2 ................................ ..............................$ 10,000.00 This Change Order No. 3 Amount (add) .... ......... ..............................S Q50 -00 Revised dgre,�re�tt A►► t4rerrt ....................._......._........., ,,�..............,..5194,75Q.Q0 Original contract time in calendar days .............. ............................730 daya Adjusted number of calendar clays due to previous change orders ......... 1.AQ days This change order adjusted time is ................... ..............................0 clays i ( Repked Contract lbw in working days .......... ..............................0 days Your acceptance of this change order shall constitute a modification to our Agreement and will be peirformcd subject to all the same terms and conditions as contained in said Agreement indicated above, as, fully as if the same were repeated in this acceptance. The Adjustment to this Agremnent shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay casts. Approved by: Date: Eb McA in, CZM irector Coastal Zone Management Accepted by: W Packet Page -1123- Date: 7/8110 09/14/2011 16:01 2393534061 COASTALZONE Contract 07 -4153 - -- June 4, 2010 Additional Funding Request Change Order #3 WO#45- 100227 Contract # 074153 June 4, 2010 11/8/2011 Item 16.D.16. — *COPE -OF -WORK CLAM PASS/BAY ESTUARY PBS&J is pleased to provide a scope of work. for Claris Pass/Bay Estuary. The intention of this Work Assignment is to provide professional guidance, preparation of project documentation, respond to peer review comments and expert review of project information for Clam Pass and Bay Estuary. In accordance with Collier County Contract Number 07 -4153 "Professional Engineering Services for Coastal Zone Management Projects" the following scope of work is presented herein. Current Understanding - On March 24, 2010, PBS &J received. comments (request for additional information (RAI)) back from FDEP concerning the Clam Pass JCP plans and design. After thorough analysis of the request for information, meetings were held on May 4 and 7, 2010 with Merrie Beth Neely, Jennifer Koch and other staff members at the Department to discuss clarification and potential relief on specific questions and additional requirements listed in the letter. Specifically questions 23, 25, 27, 31, 33 and 39 were discussed to clarify the level of analysis and information required to respond. Results of the meeting indicate the need to complete further analyses in order to respond to the RAI. Based on the outcome of the FDEP meetings the following scope of services is listed below. In addition, the USAGE provided a package to PBS &J on June 2, 2010 that included approximately 100 public comments/questions regarding the permit application. As part of the permit process these questions will have to be addressed. SCOPE OF WORK Task 3.1— Clam Pass Aoalieation for Joint Coastal Permit Acquisition of Project Permits Material and documentation required for to respond to the RAI will be prepared and submitted to the regulatory agency; Florida Department of Environmental Protection. A total of four (4) meetings will be held with the regulatory agencies to review the RAIs, public comments, and prepare necessary response(s), etc. Appropriate changes to the design documents will be made following review and approval by County staff. This scope of services does not include for any type of detailed environmental documentation such as a mitigation plan, Environmental Assessment (EA) or Environmental. Impact Statement PBS&J Packet Page -1124- 11/8/2011 Item 16.D.16. 09/14/2011 16:01 2393534061 COASTALZONE Contract 07 -4153 - June 4, 2010 "-SCOPE -OF -WORK (EIS). Any items out -of - -scope will be discussed with the County and a scope of services will be provided. FDEP Response: Based on the comments received from FDEP (dated March 24, 2010) the following areas will. be addressed: • Revised drawings and plan sets to include items requested in RAI comment No. 23. • Address comments with regards to the proposed mixing zone limits, edge of nearshore edge of hardbottom, minimize any impacts to natural resources, etc., RAI comments No. 25 and 33. • Respond to comments regarding the geotechnical data, hammer cores, sediment sampling and beach compatibility analysis, RAI comment No. 27. • Provide clarification of proposed impacts to natural resources (scagrass, .Thalassia testudimun), RAI comment No. 33. • Analysis the cross - section area of the proposed dredge template, within the proposed impacted area, to determine if minimum flow requirements can be maintained. RAI comment 33. • Calculate the required application fee based, on the above application revisions, RAI comment No. 39. All application. fees will be paid by the County. MACE Response: Based on the comments received from USAGE (dated June 1. 2010) the following areas will be addressed (respond to item No -3): • Provide description of the criteria and/or thresholds that will. be used to determine the need for periodic dredging activities in the proposed work area; please identify the responsible party associated with such determination(s); • Provide description. of the water quality parameters that are anticipated to improve as a result of the proposed work — include data that describe past/current "impaired" conditions and describe the anticipated quantitative improvements to water, quality; • Provide confirmation that the proposed work area is consistent with the previous dredge template/footprint; please provide a mapping/ground -truth reference for any such statement (e.g., use of coordinate data/GPS, etc.) that supports adherence to the historical footprint during project activities; • Provide a Narrative that addresses public interest review factors; the narrative should demonstrate that the project is clearly in the public interest (typical public interest review factors include: conservation, economics, aesthetics, general environmental concerns, . wetlands, historic properties, fish and wildlife values, land use, navigation, shore erosion and accretion, recreation, water quality, safety, and consideration of property ownership). • Perform, a site visit with National. Marine Fisheries Service (NMFS) of the project site to review resources within the area to be dredged. Due to the magnitude of comments/questions received (100 plus), the substantive issues raised in the comment letters will be addressed; and responses will be grouped by topic. The comments are generally much the same, such that there is no need to respond to each individual comment letter, but PBS&J will capture the essence of the concerns in the responses and will look at the individual comments in order to prepare are adequate response. Also, please note that the responses will be prepared to and for the USA.CE, and are not to the commenting parties; PBS&J 2 Packet Page -1125- 11/8/2011 Item 16.D.16. 09/14/2011 16:01 2393534061 COASTALZONE Contract 07 -4153 - June 4, 2010 •-aCOPE -OF -WORK however, a future request could prompt release of the documents subject to coordination with the USACE Office of Counsel. Note: this task does = include services for responding to legal objections, preparing for expert testimony or preparing for litigation to the project. These services will be provided under separate scope and fee to the County. In addition, it is anticipated that additional cotnmcnts will be received from National Marine Fisheries Service (NMFS) and United States Fish and Wildlife Service (USFWS) regarding the preparation of the federal biological opinion (BO). This scope /fee does not include responding to, meeting with or addressing comments received from 1`'MFS and USFWS other than those described above. SCHEDULE The above scope is based on an estimated twelve (12) month schedule of participation. The work assignment may be amended if the schedule is extended beyond the eighteen months. PBS&J will complete weekly updates to County staff on the schedule, task and present budget of the project. In addition, quarterly progress, reports will be prepared that outline project expenses to date and review the budget and schedule. BUDGET In accordance with Collier County Contract Number 074153 "Professional Engineering Services for Coastal Zone Management Projects" compensation . for the above scope of work will be based on a Time & Materials charge not to exceed the amount listed below without authorization from the County. Add to Task 3.1 Permit Application: $69,050 (Lump Sum.) Task 3.1 Original Amount; $21,440 fLump Sum Task 3.1 New Total Tabar PBS &J $90,490 June 4, 241.0 Date PBS&J 3 Packet Page -1126- 09!1412011 16:91 2393534961 COASTALZONE 11 /8/2011 Item 16. D.16. rr�a� Clll Lb /1 Contract 07 -4153 June 4, 2010 ---SCOPE-OF-WORK 1101 1,0W ATTACHMENT B- Statement of Work (Budget, Estimate) I 'Client: Collier County Charge Type: T & M Project: Clam Pass JCP Project No: TBD Prepared By: JRT ,Labor rates will be billed at or below rates established per the agreement number eont=t # 07 -4153 'Note: time may vary dependhg upon the task assignment and tabor rate assigned Labor is .... Task 3.1 .. . . Task No. 3 $0 L.abot coSt Permit Application Total _.. HOUTS Total Reimbursables Sr. Project Manager (JT) SIMOO 50 so $8,500 Principle Ecobgist (DT) grlgineer H7-(BF) ) 5160.00 5115100 SO 130 50 130 $8,000 514,950 Coastal Modeler (T p) $110.00 120 120 $13,200 Junior Hydro geologist (MS) $100.00 130 130 $13,000 Senior Technician (NW) $ IDD 120 120 $11,400 Total Hoots � 600 600 ;_f.•:.,:,, .., ., lAborCost $69.0.50 $69,W rkSS&J Packet Page -1127- 4 -. ....- ._..._j. Rermbursable Costs .. . . Task No. 3 $0 eirniiUtsablc 89 Sub - Contractors $0 Total Reimbursables � Total Pt*ct Budget Sfi9,g50 $69,050 rkSS&J Packet Page -1127- 4 ct� Cowlty Adnn:=W,, -- S&VICes Omscn I= Contract Change Request Contract # 07 -4153 Mod #: 4 P+ Project #: 195 -90028 Project Manager: Gary ; D MnAlnin M 11/8/2011 Item 16.13.16. Purchasing Department Change Modification Form Work Order Modification Order #:45- 100227 Project Name: Clam Bay Bypassing mtr Cnastal Zone Contractor,Firm Name: Atkins Original ContraCt/Work Order Amount $ 25.050.00 - . �:� Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 194,750.00 712711,0 1605 Last BCC Approval Date; Agenda item # Current Contract(Work Order Amount $ 194,750.00 50.00 Total Change from Original Amount 677.45% Dollar Amount of this Change Revised New Contract/Work Order Total 0.0070% Change from Current BCC Approved Amount 5194,750.00 Cumulative Changes $169,700.00 1 0.00%1 Chan a from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Original notice to proceed j completion date. 11 /15/10 Number of days added (if i extension, must attach current insurance certificate(s) from SAP or obtain from vendor). I new tasks) Last approved completion date: j Revised completion date (includes this 1 111 51201 0 i cnange)-7/V /2 ` 11 Explain why additional days are needed (detailedlspecific; Work completion was delayed due to permitting delays by the regulatory agencies caused by the heigntened public concern of the Pelican Bay community. ❑ Change task, i fete X Other (specriy) 1. Provide a detailed and specific explanation of the requested change(s) to the task(s): This is a time extension request No changes are made to tasx(s). 2. Provide detailed rationale for the requested change: Additional time is needed to complet project. 3. Provide explanation why change was not anticipated in original scope of work: Permitting delays by the regulatory agencies caused by the heightened public concern of the Pelican Bay community were not anticipated for additional time. 4. Describe the impact if this change is not processed: Will not be able to eompiete tidal flushing dredging permit application along with the development of site specific water quality criteria ;dentifi: agvon `or Clam Bay. i Type of Change 1 Modification Approved by'. Name and Title. 'Gary I Reviewed by: Purchasing Pro f' ,2,',!: CZ -M Date: Name: Lyn Wood Contract Specialist Packet Page -1128- Revised: 416111 �\ .-IN 11/8/2011 Item 16.D.16. •pAvr.r ORDFR #4 TO WORKORDER45-100227 Adkins TO FROM-. Coastal Lone management .- 5300 W. Cypress Street 3301 East Tatniaml Trail Suite 200 Suite 103 Tamp. Florida 3360'7 Naples. Florida 3 "l l Clam Bay 193- 90028.1 May 18.'_011 Work Order No.. 45-100227 Change Order No.: 4 Mav 18. 2011 Change Order Description: Additional time of.26vdays will be added to this Fork Order for completion of project. OriLyinal aareemeril amount ................... ............................... .......... 3 25.060-00 Stun. of Previous Changes ..... ........ .......... S 169.690,00 This Chanue Order No. 4 Amount (, add).. add) ............................................ S -0- Revised Agreement Amount .......................................... ................... S1,94,750.00 Oriainal contract time in calendar days ............ .................... ........... 730 days Adjusted number of calendar days due to previous change orders . . ............. 180 days This change order adjusted time ii ...... ........................... — .............. .1 1d Revised Contract Time in tvorking days ...... ................................... Your acceptance of this change order shall constitute a modification to our Ageement and ill b as contained in said W I c performed subject to all the sane terms and conditions , Agreement indicated abovc. as fully as If the same were repeated in this acceptanc,:. The adjustment. to this Agreement shall constitute a full and imal settlement of arN, and all claims arising out of, or related to, the change set forth herein, Including claims for impact and delay costs, Approved by: Gary McAlpin. CZ?vl Director Coastal Zone Mariagernent Date: Reviewed bv: Date: Lvr WL)od. Contract Specialist Purchasl4a Department Accepted by: Fi-m slanalure Adkins Packet Page -1129- Date: