Agenda 01/10/2023 Item #16A12 (To continue the ongoing update of the FEMA Digital Flood Insurance Rate Map)16.A.12
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to approve administrative Change Order # 17 to Agreement No. 11-5626, "One
Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County," project with
Tomasello Consulting Engineers, Inc., for a zero -dollar time extension of an additional 365 days for
the completion of the ongoing update of the Federal Emergency Management Agency Digital Flood
Insurance Rate Map.
OBJECTIVE: To continue the ongoing update of the Federal Emergency Management Agency
("FEMA") Digital Flood Insurance Rate Map ("DFIRM"), which will more accurately identify the flood
risk for County residents and potentially reduce the cost of flood insurance premiums for certain residents.
CONSIDERATIONS:
Background:
In 2004, the County began an initiative to update FEMA's Flood Insurance Rate Map ("FIRM"). The
project was a jointly funded effort by the County and the City of Naples and included developing a
Cooperating Technical Partners partnership agreement between FEMA, Collier County, the City of
Naples, and the South Florida Water Management District ("SFWMD"). The original effort was based on
the currently available LiDAR (topographic elevation data) received by the County in 2003. The Board
authorized this action through an emergency authorization and contracted with Tomasello Consulting
Engineers, Inc. ("TCE") due to a mandated 8-month time frame established by FEMA (March 9, 2004,
Agenda Item 9.1)). The Board of County Commissioners (the "Board") entered into an Agreement with
TCE to provide consulting services on March 23, 2004.
It took six years of effort by staff, the County's consultant TCE, SFWMD, FEMA, and FEMA's
contractor Michael Baker Jr., Inc. to complete the computerized modeling and mapping of the floodplain
to the satisfaction of all the parties involved. By 2010, FEMA transitioned its floodplain mapping
requirements into electronic digital products, which was called the Digital Flood Insurance Rate Map
referred to herein as DFIRM. Additionally, the County purchased new LiDAR that was completed and
provided to the County in 2010.
2010 LiDAR:
Staff reviewed the 2010 LiDAR and found that it provided better ground elevation information than the
2003 LiDAR. Utilizing accurate ground elevation information is essential to provide County property
owners with an accurate picture of their flood risk and access to fair flood insurance premium rates. On
May 10, 2011 (Agenda Item 16.A.10), the Board declared a second valid public emergency and directed
the County Manager to proceed with a re-evaluation of the FEMA-designated floodplain using the 2010
LiDAR. The Board also provided guidance to amend the contract with TCE and complete the multi -year
and multi -phase DFIRM, which was being made available for public review and comment. FEMA denied
County staff s request to allow the new 2010 LiDAR to be incorporated into the floodplain map. With the
Board's approval, staff and TCE prepared an appeal of the Preliminary DFIRM for two of the drainage
basins.
The County's appeal was readily accepted by FEMA for inclusion in the final DFIRM, which became the
current effective floodplain map. The appeal removed thousands of structures from the regulated
floodplain but created a map with inconsistencies. The flood elevations in the two appealed basins that
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used the 2010 LiDAR did not match the adjacent surrounding drainage basins that used the 2003 LiDAR.
Upon request from the County, FEMA agreed to publish the DFIRM without requiring the County's
consultant to blend the flood elevations in adjacent basins. In exchange, the County committed to
following up with map revisions to update the other drainage basins with the 2003 LiDAR to the 2010
LiDAR information. On May 16, 2012, the Board adopted the effective DFIRM that consisted of eight
basins that depict the 2003 LiDAR and two basins that depict the 2010 LiDAR. The eight basins that
depicted the 2003 LiDAR were divided into two planned submittal packages, which ultimately became
Physical Map Revision ("PMR") applications #1 and #2, each with their separate case number issued by
FEMA.
PMR #1:
PMR #1 was submitted to the LOMC Clearinghouse on June 7, 2013. It was processed through the initial
review and then forwarded to FEMA Region IV on January 14, 2014, for further detailed review and
processing. FEMA Region IV had already informed the County that it did not have the funding required
to review and process such a large PMR and that it would hold the application until Congress
appropriated the funding. PMR #1 remained with FEMA Region IV until it received Congressional
funding and started work on it in May 2015.
During this time, FEMA's contract with Baker, the prior contractor, expired, and a new contractor,
AECOM, was selected through FEMA's Request for Proposals process. This meant that a new reviewer
would be looking at the County's PMR applications. Comments from AECOM are extensive, and many
of their concerns involve minutiae details within the computer modeling or individual permits, somewhat
like the issues raised by Michael Baker Inc. (FEMA's prior contractor) during the six years of effort to
prepare the 2012 DFIRM. Currently, PMR #1 is completed. Collier County and TCE are waiting for
FEMA Region IV for the release of the Preliminary DFIRM.
PMR #2:
The County submitted PMR #2 to the LOMC Clearinghouse on June 29, 2015, where it was briefly
reviewed and then forwarded to the FEMA Region IV. On December 22, 2015, FEMA Region IV
provided confirmation it had programmed funds to process the PMR. FEMA Region IV's contractor
provided comments to the County's consultant on May 4, 2016, which included two hundred and five
(205) pages of comments and twenty-six (26) pages of screenshot pictures.
Currently, PMR #2 is completed. Collier County and TCE are waiting for FEMA Region IV for the
release of the Preliminary DFIRM.
FEMA's Coastal Re -study:
In addition to reviewing the PMRs, County staff and TCE will be working with FEMA to address
FEMA's coastal restudy, the Southwest Florida Coastal Flood Study (SWFL-CF Study). FEMA began the
SWFL-CF Study initiative in 2014. This Study includes Sarasota, Charlotte, Lee, and Collier Counties,
and it is part of a larger FEMA program referred to as Risk Mapping, Assessment, and Planning program
(RiskMAP), conducted by Risk Assessment, Mapping, and Planning Partners (RAMPP). The restudy is
based on a model that has been applied to most of the Gulf and Atlantic coastal areas. After RAMPP
conducted several analyses to compare the County's effective DFIRM with the restudy model, FEMA
determined the RAMPP analysis provided more accurate coastal elevation information than the County's
effective DFIRM model.
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The SWFL-CF Study will need to be "merged" at the interface where it meets the PMR #1 and PMR #2
drainage basins. Based on staff correspondence with FEMA's contractors, the contractor will perform this
task. However, it is imperative that TCE review the merging conducted by FEMA's contractors to ensure
it is acceptable. This task and cost are included in the total cost of PMR #2, which was previously
approved by the Board. At this point, FEMA's contractors have not started the process to merge PMRs
with the SWFL-CF.
FEMA released the preliminary maps for the SWFL-CF study on December 31, 2019. After an initial
review of the preliminary maps and data, staff found some changes in BFEs and flood zones between the
effective and preliminary maps in different areas of the County that need further and more detailed
scrutiny. These areas are beyond the merging zone included in PMR#2. As part of Change Order #15
(December 8, 2020, Agenda Item 16.A.32), County staff requested the review of the SWFL-CF
preliminary maps and preparation of a report summarizing the findings to be added as a task to the
contract along with the required additional funding via Change Order #15. TCE has completed the task
and provided the report summarizing the findings that will be submitted to FEMA.
Contract Information:
To date, the County has paid Tomasello Consulting Engineers $ 1,194,003.70 to generate the 2012
DFIRM and prepare the updates. Since the re-evaluation of the 2003 LiDAR, the Board has approved
several changes to the original contract with TCE, extending the contract in both time and funding. The
current contract is valid through December 31, 2022.
Tomasello Consulting Engineers has been the County's partner since the beginning of this initiative in
2004. TCE has been the sole engineering firm involved in the project. TCE possess the background
knowledge and working relationship with FEMA regarding flood map studies. Reassigning or handing off
the task of the study would be cost -prohibitive for a new consultant to be able to acquire the institutional
knowledge accumulated by the current consultant. Additionally, TCE's efforts have been an integral
component amongst numerous other higher regulatory measures that have been added to the County's
Community Rating System portfolio, thus improving the County's classification through the New Study
element of the program. Collier County improved from a Class 7 in 2004 to a Class 5 in 2015 and most
recently reverified as a Class 5 rating in 2020. The Class 5 rating offers Collier County residents
purchasing flood insurance a 25% discount on their premiums, which also translates into $8.2 million of
savings over 70,000 flood insurance policies within the unincorporated portion of the county.
Therefore, staff is convinced that it is in the best interest of the County to continue with the current
contract for this ongoing, multi -year, and multi -phase project, and to continue its professional relationship
with TCE through the duration of the contract which, following Board approval, would be extended to
December 31, 2023. This timeframe should provide sufficient time to complete all components, including
the review of the Preliminary DFIRM. Further, this extension provides some time allowance should there
be a delay from FEMA in completing the development, processing, and finalization of the DFIRM.
Preliminary DFIRM:
Once PMR #1, PMR #2, and the coastal "merging" and review are completed, FEMA will produce a
Preliminary DFIRM for public review and input. At that stage, the County may opt to hire TCE to assist
with the appeal process, a process by which the County must review and submit a recommendation of
approval or denial to FEMA for all property submitted appeals by property owners questioning specific
aspects of the Preliminary DFIRM prior to finalization by FEMA and subsequent Board adoption.
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The County's Procurement Services Division has administratively approved the attached Change Order
No. 17, for a zero -dollar time extension of an additional 365 days, with an effective date of December 31,
2022, through December 31, 2023, as provided in the Collier County Procurement Ordinance, Section
Nineteen, Contract Administration, Section 19, subsection 3.b.
FISCAL IMPACT: The current approved amount of the contract is $1,239,503.70. Change order #17
provides for a 365-day time extension to Contract No. 11-5626 for the completion of the ongoing update
of the Federal Emergency Management Agency Digital Flood Insurance Rate Maps which has no
additional fiscal impact
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote
for Board approval.- SRT
RECOMMENDATION: Recommendation to approve administrative Change Order # 17 to Contract No.
11-5626 ,"One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County," project with
Tomasello Consulting Engineers, Inc. for a zero -dollar time extension of an additional 365 days for the
completion of the ongoing update of the Federal Emergency Management Agency Digital Flood
Insurance Rate Map, with an effective date of December 31, 2022, through December 31, 2023.
Prepared by: Howard Critchfield, P.E., CFM, Project Manager III
Building Plan Review and Inspection Division
Growth Management Community Development Department
ATTACHMENT(S)
1. PMR Affected Basins (PDF)
2. Change Order #17FINAL (PDF)
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01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 24191
Item Summary: Recommendation to approve administrative Change Order # 17 to Agreement No. 11-5626, "One
Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County," project with Tomasello Consulting
Engineers, Inc., for a zero -dollar time extension of an additional 365 days for the completion of the ongoing update
of the Federal Emergency Management Agency Digital Flood Insurance Rate Map
Meeting Date: 01/10/2023
Prepared by:
Title: — Growth Management Operations & Regulatory Management
Name: Monica Leon
12/16/2022 4:35 PM
Submitted by:
Title: Division Director - Operations Support — Growth Management Operations & Regulatory Management
Name: Kenneth Kovensky
12/16/2022 4:35 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
County Manager's Office
Board of County Commissioners
Diane Lynch
Growth Management Department
Diane Lynch
Growth Management
Scott Teach
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Ed Finn
CMO Completed
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Division Director Completed
12/16/2022 4:42 PM
Completed 12/16/2022 4:58 PM
Skipped 12/16/2022 6:26 PM
Completed 12/20/2022 10:49 AM
Completed 12/20/2022 10:59 AM
Completed 12/21/2022 9:17 AM
Completed 12/22/2022 3:37 PM
01/02/2023 4:05 PM
Completed 01/03/2023 5:15 PM
01/10/2023 9:00 AM
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Procurement Services
Ca Wr C',ol~t it Y Change Order Form
I� Contract Modification ❑ Work Order Modification
Contract #: 11-5626 Change #: =
Purchase Order #: 4500102358 Project #: 50100
[Tomasello Consultin En losers, InC One Hundred (100) Year Flood Elevations for Five
Contractor/Firm Name:g g ConlractlProject: (5) Basins in Collier County
Project Manager Name: Howard Critchfield Division Name; $ullding Plan Review and Inspection
Original Contract/Work Order Amount $ 215,000.00 3/23iO4; 16A6Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount $ 1,239,503,70Y 1 "2/8/20;16.A.12 Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount $ 1.239.503.70 12/31/2021 SAP Contract Expiration Date (Master)
Dollar Amount of this Change $ 0.00 476.51 % Total Change from Original Amount
Revised Contract/Work Order Total $ 1,239,503.70 0.007/ Change from Current BCC Approved Amount
Cumulative Chanqes $ 1,024,503.70 1 0.00°!o Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed 518104 Original 11/16104 Last Approved 1213tI22 Revised Date 12/31/23
Date Completion Bate Date (Includes this change)
# of Days Added 365 Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ® Other
Provide a response to the following: 1.) detailed and specific explanatlonlrationale of the requested change(s) to the task(s) and 1 or
the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact
if this change Is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
1. Change order No. 17 is a zero -dollar time extension of the contract to account for the FEMA contractor's time to finish the map
production. As of today, the County's consultant Tomasello Consulting Engineers, Inc. (TCE) is waiting for FEMA to produce the
final map in order complete the remaining task under contract.
2. Previous submittals to FEMA have been processed and reviewed. This change was not included in the original contract because
FEMA estimated to complete the map in July 2022. As of today, FEMA has not estimated when the map will be finished and
released to the public. This requires additional time forTCE to continue with the contract tasks.
3 If this change is not processed, the County's consultant (TCE) will not be able to continue with the contract tasks, and the floodplain
neap will not be updated to reflect the best available information for the flood risk that could affect the health, safety, and welfare of
property owners.
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Critchfield Howard °U-DM°Pit°neaeauandNepag,,W°.
Prepared by: ��oi i'.aa°Caz�= _ Date. _
(Howard Critchfield, P.E. CFM, Sr. Project Manager, Building Plan Review & Inspection, Growth Management Dept.)
Acceptance of this Change Order shall constitute a modification to contract 1 work order identified above and will be subject to all the same
terms and conditions as contained in the contract / work order indicated above, as fully as if the some were stated in this acceptance, The
adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor 1 Consultant /
Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by:
Tomasello; P.E., CIFM, Tomasello Consulting Engineers, Inc.))
Approved by: _.._ N/A
(Design Professional and Name of Firm, if project applicable)
Approved by:
langrichard Da>ati 09'°�°�W
(Richard Long, Building Plan Review & Inspection, Growth
nagement Department)
Approved by:
SchneebergerSara
(Procurement Professional)
Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.)
Date:
Date: 12/02/22
Date:
PROCUREMENT USE ONLY
Admin Rp� I N,
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ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
Dated:
(SEAL)
Approved as to form and legality:
By:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Hn
Rick LoCastro, Chairman
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Change Order/Amendment Summary
COST TIME
CONAMp# Description Days New Justification
Additive (+) Deductive (-) Added Amount
Expand the limits
1
of the study to
120.000.00
274
526`
Study expansion requested by Ave
include the RLSA
M
aria University
To allow for completion of
Time extension
floodplaint studies, response to
2
due to expansion
0.00
548
1.043*
FEMA comments, mapping
of study area
preparation, and notification and
ulicall on processes by FEMA
3
Travel allowance
1,000.00
0
1,043
Allowance for TCE to attend
meetings with FEMA in Atlanta, GA
Needed to provide response
4
Increase time and
budgetrequested
152,249.20
1,065
2,108*
by FEMA
5
Time extension
0.00
396
2,503*
Time needed to complete study and
responses to FEMA
_
f
Additlon of time
and new task of
County needed time to evaluate
6
participation in
12,504,50
395
2,503*
and respond to all filed appeals for
DFIRM appeal
the DFfRMs
Process
Addition of time
County would not have the ability to
7
and add new task
74,500,00
161
2,664*
evaluate changes in preliminary
of DFIRM appeal
DFIRM for inciusion in final DFIRM
Addition of time
and new tasks for
Time constraints in identifying
Y g
8
reevaluation of
400,250.00
700
3,364*
properties in flood zone to support
FEMA-designed
Flood Damage Prevention
fiaadplain
Ordinance
Minor changes to
9
deliverables and
0.00
0
3,364*
Needed after discussions with
distribution of costs
FEMA regarding receipt of work.
To allow time for FEMA
J
t0
Time extension
0.00
403
3,767
reviews
and requests for revisions,
Addition of time
New requirements by FEMA related
j 11
and new tasks to
10.000.00
90
3,857'
to establishment of the LIMWA
meet new DFIRM
created additional work for
requirements
consultant.
Time extension
FEMA's decision to pause their
due to FEMA's
processing of floodplain mapping
12
time schedule for
0.00
837
4,694*
data meant that contract with
the project
consultant would expire while
waiting for FEMA review
'New Amount as listed
on the corresnondino Chance Order nnnrnvPrl by the
Rnarrl
Revised: 01/14/2021 (Divisions who tray requiro additional signatures may include on separate sheet.) PROCUREMENT USE_ ONLY ,
Admfn 9�CG dcc ES
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Change OrderlAmendment
Summary
TIME
� a
I
COST
CO#
AMD#
Description
Days New Justification
Additive (+)
Deductive (-}
Added Amount
Addition of time and
new tasks for
Consultant would not be able to
13
response to FEMA
60,000.00
365 5,069 respond to FEMA questions, and
DRAI, and next
floodplain map would not be
steps to update
updated.
DFIRM
Addition of time and
new tasks
Consultant would not be able to
associated with
respond to FEMA questions, and
14
Physical Map
116,000.00
1,095 6,154 floodplain map would not be
Revision (PMR) and
updated.
addition by FEMA of
a coastal re -study.
Addition of time and
new tasks needed
Consultant would not be able to
for FEMA-required
respond to FEMA questions, and
15
extra rounds of
88,000.00
365 6,519 floodplain map would not be
comments, and due
j
updated.
to outcome of the
re -study,-
_coastal
Addition of time
needed for FEMA-
Consultant would not be able to
required extra
respond to FEMA questions, and
16
rounds of
0.00
365 6,884 floodplain map would not be
comments, and due
updated
to outcome of the
coastal re -stud
Consultant would not be able to
Addition of time
17
needed due to
delay in FEMA map
0.00
365 7 249 continue their contract tasks, and
release
j
floodplain map would not be
updated
Revised; 01114/2021 (Divisions who may require adddionat signatures may include an separate sheet,] [��r
iiNrus�'oNLv- I
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