Agenda 12/13/2022 Item #11D (Added - Certifing the existence of valid public emergency left vulnerable by Hurricane Ian)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2022
Add-On Item 10B: Recommendation to receive an update on the current status of the proposed State
Veterans’ Nursing Home and the next steps in Collier County’s formal recognition as the next site for
construction. (Commissioner Saunders’ Request)
Add-On Item 11D: Recommendation to certify the existence of a valid
public emergency for surveying, design, permitting, and post-design
services required for the construction of an emergency berm necessary for
protection of upland structures left vulnerable by Hurricane Ian, and to
approve the issuance of a standard County work order to APTIM
Environmental and Infrastructure, LLC for an expenditure of funds for
those services in a not-to-exceed amount of $187,636.25. (Staff’s Request)
Continue Item 16C1 to the January 10, 2023, BCC Meeting: Recommendation to approve an Agreement for
Sale and Purchase with WISC Investment Company, LLC, for 0.39 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $422,600. (District 1) (Commissioner Saunders’,
Commissioner McDaniel’s, and Commissioner LoCastro’s Separate Requests)
Continue Item 16F5 to the January 10, 2023, BCC Meeting: Recommendation to authorize expenditures
through an Exemption from the Competitive Process to J.W. Marriott Marco Island for tourism
promotional expenses up to $100,500 per year for a five-year period and to make a finding that this
expenditure promotes tourism. (All Districts) (Commissioner Saunders’, Commissioner McDaniel’s, and
Commissioner LoCastro’s Separate Requests)
Continue Item 16F6 to the January 10, 2023, BCC Meeting: Recommendation to authorize expenditures
through an Exemption from the Competitive Process to Visit Florida for destination marketing programs for
a five-year period in the amount of $150,000 per year and to make a finding that these expenditures promote
tourism. (All Districts) (Commissioner Saunders’, Commissioner McDaniel’s, and Commissioner LoCastro’s
Separate Requests)
Notes: The Oath of Office for newly elected Commissioner Hall, District 2, and Commissioner Kowal
District 4, to be administered by the Honorable Joseph G. Foster, Circuit Court Judge, 20th Judicial Circuit
will immediately follow the Invocation and Pledge of Allegiance.
TIME CERTAIN ITEMS:
Companion Items 9C, 9D, 11B, and 11C to be heard no sooner than 1 PM: Brightshore Stewardship
Receiving Area (SRA) Zoning Overlay, Community Development District, Developer Agreement, and
Utilities Agreement.
12/13/2022 9:37 AM
EXECUTIVE SUMMARY
Recommendation to certify the existence of a valid public emergency for surveying, design,
permitting, and post-design services required for the construction of an emergency berm necessary
for protection of upland structures left vulnerable by Hurricane Ian, and to approve the issuance of
a standard County work order to APTIM Environmental and Infrastructure, LLC for an
expenditure of funds for those services in a not-to-exceed amount of $187,636.25.
OBJECTIVE: To exigently design and construct an emergency berm along Collier County beaches for
the protection of upland structures from the danger from tropical storms during the upcoming 2023
hurricane season.
CONSIDERATIONS: On September 28, 2022, Hurricane Ian passed offshore of Collier County beaches
producing extreme waves and storm surge that heavily eroded County beaches and dunes. The County
immediately tasked APTIM Environmental and Infrastructure, LLC (“APTIM”) with surveying the sand
losses from the beaches and dunes to determine the necessary repairs needed to re-establish the protection
provided to beachfront structures.
Following the hurricane, during October of 2022, representatives from the Florida Department of
Environmental Protection, Federal Emergency Management Agency (“FEMA”), and US Army Corps of
Engineers conducted on-site damage assessments of County beaches with County staff. All three agencies
expressed concern for the heavy dune losses and the vulnerability of upland structures from coastal storm
flooding.
FEMA requires that all emergency work to be completed within six months of an emergency declaration in
order to be eligible for reimbursement. Design and permitting for the emergency berm must begin
immediately in order to complete construction by March 23, 2022. Further, unless the emergency berm is
completed prior to the 2023 hurricane season starting June 1, gulf-front properties will be left exposed to
potential flooding from tropical systems.
APTIM presented preliminary survey results to staff on December 6, 2022, with a recommendation to
construct an emergency berm to provide stabilization necessary to replace the destroyed dunes. Preliminary
estimates of approximately 550,000 cubic yards of sand will be required to construct the emergency berm
for all County beaches with developed properties.
The express terms of the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida
Statutes, which provides the statutory basis for competitively selecting professional engineering,
architectural, and surveying services, includes a specific public notice and competitive negotiation process
that must be strictly adhered to before entering into agreements for such professional services. The CCNA
also includes an express exception to adhering to those strict requirements “in cases of valid public
emergencies certified by the agency head.” See Section 287.055(3)(a)1, Florida Statutes.
The Florida Attorney General has long opined that “the question of what is an ‘emergency’ is . . . a question
of fact to be determined in the particular context in which it arises. See Fla. AGO 75-78
(1975)(Affirmatively addressing whether Escambia County could engage an engineering consulting firm
on an emergency basis under the CCNA to meet a federal deadline). Although neither the Attorney
General or Florida courts have addressed the meaning of “emergency” in the context of the CCNA, the
Attorney General referenced a general definition of an emergency as a “pressing necessity or exigency.”
The factors supporting certifying the existence of a valid public emergency to keep this project on schedule
include:
FEMA’s requirement to have the project completed within six months of the storm event,
the funding of which is critical to the project.
Urgency to provide an emergency berm for the protection of upland structures left
vulnerable by Hurricane Ian ahead of the upcoming tropical season; and
Insufficient time to prepare and execute a request for proposal for the design and post-
design services.
By declaring and certifying a valid public emergency allowing for the use of the Coastal Zone Management
library contracts for surveying, engineering, permitting and post design services, and authorizing the
issuance of a corresponding Work Order to APTIM, the County will avoid losing critical time (estimated
at one year for the processing of a Request for Proposal and actual design work) and avoid the loss of
FEMA Category B reimbursements as well so as to have a berm in place prior to the next tropical season.
Accordingly, staff requests that the Board:
Declare and certify the existence of a valid public emergency, and waive competition for
the design and post design services pursuant to Florida Statutes § 287.055(3)(a)1 (the
“CCNA”) , and the Collier County Procurement Ordinance, Section Nine (9.B.3), and
direct staff to expediently procure and commence the surveying, design, permitting, and
post-design services With APTIM necessary to construct an emergency berm;
Approve the issuance of a work order to APTIM Environmental and Infrastructure, LLC
for design, permitting, and post design construction services in a not-to-exceed amount of
$187,636.25.
APTIM is headquartered in Boca Raton, Florida, and was founded in 2002. APTIM have provided
professional services to Collier County for nearly twenty years.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY COMMITTEE RECOMMENDATIONS: This item was presented to the Coastal
Advisory Committee on December 8, 2022 with a unanimous approval of 9-0.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
FISCAL IMPACT: To expedite the emergency berm project while waiting for the Tourist Development
Council (“TDC”) to meet and make a recommendation on the expenditure of funds, funding in the amount
of $187,636.25 will be utilized for this expenditure within FEMA Grants Fund (727), Hurricane Ian Project
50280. Following the TDC finding as to whether this expenditure promotes tourism, this item will return
to the Board for authorization of the expenditure of tourist development tax funds. If approved, budget
amendments will be required to establish the budget within TDC Beach Renourishment and Pass
Maintenance Fund (195), and return funds to FEMA Grants Fund (727).
RECOMMENDATION: To certify the existence of a valid public emergency to expedite the surveying,
design, permitting, and post-design services required for the construction of an emergency berm necessary
for protection of upland structures left vulnerable by Hurricane Ian in September 2022, approve an
expenditure of a not-to-exceed amount of $187,636.25 for surveying, design, permitting, and post-design
services required for the construction of such an emergency berm, and authorize a work order to APTIM
Environmental and Infrastructure, LLC to provide the services..
Prepared By: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and
Program Management Division
APTIM
6401 Congress Avenue, Suite 140
Boca Raton, FL 33487
Tel: +1 561 391 8102
www.aptim.com
December 12, 2022
Andy Miller
Collier County Coastal Zone Management
2685 S. Horseshoe Drive
Naples, FL 34104
Re: Hurricane Ian Post-Storm Engineering Services for FEMA Emergency Berm Project
Collier County, Contract No. 18-7432-CZ
Dear Andy:
This letter is in response to Collier County’s (County) request for a Post-Hurricane Ian FEMA Emergency
Berm proposal for engineering support services from Aptim Environmental & Infrastructure, LLC (APTIM).
The services will include engineering services to bring this project to construction. This assistance will
consist of preparing the design, plans and specifications, construction & permit documents for project
construction and consultation with pertinent agencies in support of the County’s coastal management
program. Work will be focused on getting the project started and completed within the FEMA 6-month
window to the maximum degree practical and supporting County requests and needs for qualifying their
engineered projects for emergency funding support. This includes weekly visits to the County by the
APTIM team during construction.
Included as Exhibits are; the Scope of Work (Exhibit A), Estimated Fee Proposal (Exhibit B), and the
Rates Schedule (Exhibit C). Exhibit B shows the reimbursables. APTIM proposes to provide these
services on a lump sum basis not-to-exceed $187,636.25 under the terms and conditions of the existing
Contract No. 18-7432-CZ dated March 10, 2020, and as amended May 7, 2020. Barring any unforeseen
circumstances, all work will be completed within 210 days of receiving the Notice to Proceed, including
project documentation to support funding approval.
Sincerely,
Nicole S. Sharp, P.E.
Coastal Market Lead
Aptim Environmental & Infrastructure, LLC
cc: Stephen Keehn, P.E., APTIM
Exhibit A
Scope of Work
Aptim Environmental & Infrastructure, LLC
EXHIBIT A
SCOPE OF WORK
FEMA EMERGENCY BERM PROJECT
CONTRACT NO. 18-7432-CZ
COLLIER COUNTY, FL
DECEMBER 2022
Introduction
This is a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide the
engineering services described below to support the County in preparing the design, plans and
specifications, award services, construction and permit documents for conducting a truck haul
FEMA Emergency Berm project along approximately 80,000 linear feet of Collier County Gulf
shoreline.
FEMA Emergency Berm Locations
Barefoot Beach R-1 to R-9
Vanderbilt – Pelican Bay R-22.3 to R-36.3
Park Shore R-44.3 to R-57.5
Naples – Port Royal R-58A to R-83.5
Central – South Marco R-136 to G-3
Hideaway Beach H-10 to H-14 (preliminary)
This proposal contains the tasks necessary to bring the project through construction. APTIM will
assist the County in preparing for construction by conducting analyses to refine project extents
and volumes, producing simplified construction plans and technical specifications, coordinating
permit requirements with pertinent authorities for the start of construction and providing award
assistance to the County. APTIM will support the County’s inspection efforts, assist with FEMA
approval and acceptance during construction and will develop post-construction certification
document for FDEP and FEMA based largely on the surveys, reports and observation of the
project team during construction. The documentation will be the basis for approving the
Contractor’s pay application, and FEMA and FDEP funding.
1. Design, Construction Plans & Specifications
APTIM engineers will perform engineering analysis to refine project extents and estimate
volumes. The goal of the design will be to place material so that the project area will be able to
absorb a 5-year level storm based on FEMA’s procedures. The design will be a FEMA (protective)
berm based on recent post-storm or pre-construction surveys and FEMA’s preliminary review of
the proposed project size. After review of the preliminary volume estimates, an analysis will be
conducted to optimize placement areas and volumes. APTIM will finalize the quantities and fill
areas based on consultation with Collier County, FEMA and permitting agencies. APTIM will
support the County with up to two (2) coordination meetings related to the project with the County
and local stakeholders.
APTIM will consult with permit agencies and the County about the applicable permit conditions,
which are expected to be minimal .
Aptim Environmental & Infrastructure, LLC
Once the target volumes and placement areas have been approved by the County, APTIM will
conduct engineering design work to prepare the construction footprint and typical cross sections.
APTIM’s GIS/CAD professionals will work directly with APTIM engineers to develop simplified
construction plans including plan views and typical cross-sections of project areas, beach access,
equipment storage areas, environmental protection areas and other information required for
execution of this project.
The construction plans and volumes for contracting will be based on the November 2022 post-
storm or pre-construction survey or available Lidar surreys. Technical specifications developed
for the project will integrate the QA/QC plans, environmental standards, and permit conditions
into the work. APTIM will assist the County in preparation of the environmental checklist, which
will be integrated into the documents.
APTIM understands that time is of the essence on this FEMA truck haul and emergency berm
renourishment project and will have plans, specifications and contract documents prepared
quickly to allow beach renourishment to begin. Completion of documents (plan sheets) may be
staggered to support a quick construction start.
APTIM plans will use LiDAR data to the extent practical (time permitting) in conjunction with the
pre-construction survey. Background to the plans will incorporate pertinent parcel, regulatory lines
(MHW, ECL, CCCL, baseline) and other features as practical for a fast track set of plans.
2. LiDAR Map Processing
When available from Federal sources, process LiDAR data for use in plans, construction and
calculations.
3. Pre-Construction and Notice to Proceed
Once the construction plans and technical specifications are completed, APTIM will provide the
FDEP and other agencies all items necessary to begin construction and provide the County with
a document package containing construction plans, technical specifications, project permits, and
probable costs.
APTIM will assist the County in their lead of the special award process. APTIM will participate in
the award meeting via phone conference and assist the County in answering technical questions
as needed during the award process. APTIM will assist the County in reviewing the conractor’s
documents and provide a recommendation to the County based on a review of the submitted
contract documents to the extend practical.
4. Construction Management and Engineer of Record
As the Engineer of Record, APTIM will conduct pre-, during- and post-construction tasks
necessary for certification of the project. An APTIM engineer will attend the pre-construction
conference and update the construction profiles using the latest pre-construction survey. During
construction, APTIM will support the County’s inspection efforts and perform weekly site visits to
inspect the work at both construction sites and attend during construction meetings. It is assumed
that there will be up to 18 weeks of active hauling during construction. APTIM will prepare a
QA/QC check list, delineating the County, contractor, inspector and APTIM duties as a guideline
for during construction coordination.
Aptim Environmental & Infrastructure, LLC
Based largely on weight tickets, daily reports and observations made by the contractor and
County inspectors, APTIM will prepare a post-construction certification-documentation to meet
permit requirements and report completion to FEMA and other agencies. APTIM will provide a
construction and as-built summary based on the contractor’s weight tickets, daily reports, and
post construction survey by APTIM. The as-built report will serve as the documentation to FEMA,
and FEDP on the sand volume placed.
APTIM will review the contractor’s pay applications, reconcile and/or review the pay
volumes/tonnage based on mine records, weights tickets collected at the beach and available
physical surveys. The weight tickets will govern.
5. Pre- & Post Construction Surveys
Approximately 101 dry beach profile lines will be surveyed at the monument location shown in the
table above. The surveys will extend across the beach fill area between the dune and mid beach,
above the mean high water (MHW) line.
Summary
This work will be performed on a lump sum basis with a cost not to exceed that shown in the
attached spreadsheet. The work will be completed to support an anticipated construction
completion date 6 months after Hurricane Ian or beginning of sea turtle nesting season, whichever
is sooner. The overall time of the contract includes completion of the surveys, certifications and
Engineer of Record sign off will be within 210 days of receipt of the Notice to Proceed.
Assumptions
x No hardbottom edge survey will be required.
x County inspectors will collect weight tickets, observe delivered sand quality and beach
construction, and reconcile sand mine records with weight tickets collected at the
beach.
x The County or a third party will perform and prepare reports on the following tasks if
needed:
o 2023 Physical Monitoring
o Marine Turtle Monitoring and Related FWC Coordination
o Shorebird Monitoring
o Turbidity Monitoring (if in water construction work is required)
Pay quantities will be based on weight tickets taken from arriving trucks. Survey will be taken as
a check of the volume measured by weight tickets. APTIM will prepare a fill distribution plan with
a specified tonnage/weight placed between major monument locations by the Contractor. The
Contractor will prepare a summary at the end of each work day with the approximate tonnage
placed and its approximate locations. APTIM will review these locations and volumes weekly and
reconcile them with the contractor, County, and sand mine.
Exhibit B
Estimated Fee Proposal
Tolls Hotel(Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours)1 Beach Design, Construction Plans & Specifications$34,394.0012 20 80 8 20 96 4 16 2 82 Federal Lidar Map Processing $5,519.00111 20 1213 Pre-Constrution and Award Services $9,966.0082022 4 1 2 4 54 Construction Services$80,783.0038 140 330 8 1 16 4 10 4 45 Pre and Post Construction Surveys (Dry Beach Only) $48,894.002 8 8 24 40 200 1846 Reimbursables$8,080.255250 20 32 32Total Hours = 61 189 441 20 42 138 48 200 210 22 18 5250 20 32 32Rate = $203 $177 $130 $145 $155 $115 $125 $115 $83 $153 $73 $0.445 $12.00 $36.00 $136.00Cost = $12,383 $33,453 $57,330 $2,900 $6,510 $15,870 $6,000 $23,000 $17,430 $3,366 $1,314 $2,336.25 $240.00 $1,152.00 $4,352.00 TOTAL$187,636.25EXHIBIT BEstimated CostFEMA Emergency Berm ProjectCollier County, FloridaDecember 12, 2022Contact No. 18-7432-CZMealsClerical/ AdministrativeLABOR COSTSGIS Specialist/ CAD SpecialistSenior Marine Biologist/HydrogeologistSenior GIS SpecalistSenior Scientist/GeologistMileagePlanner/ Coastal Engineer IProfessional Surveyor & MapperTask ItemCost TechnicianSenior Project ManagerSenior EngineerScientist/Geologist F:\Marketing\_Proposals\Florida Counties\Collier\2022\Emergency Berm Plans Specs and Consturction\2022-2 Emergency Berm Project Construction Documents and Observation - Exhibit B - Cost.xlsx
Exhibit C
Rate Schedule