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Agenda 06/24/2014 Item #16A176/24/2014 16.A.17. EXECUTIVE SUMMARY Recommendation to award Contract No. 14 -6228 - Collier County Beach Renourishment 15 -year Permit in the amount of $127,566 to Coastal Planning and Engineering Inc., authorize the Chairman to execute the corresponding agreement, authorize the necessary budget amendment, and make a finding that this item promotes tourism. (Project 80165) OBJECTIVE: To obtain a new 15 -year multi use beach renourishment permit for future Collier County Renourishment projects. CONSIDERATIONS: The existing 10 -year beach renourishment permit will expire on January 12, 2015 and a new permit is required to perform future beach renourishment projects. Collier County is desirous to pen-nit a comprehensive renourishment program for its beaches under the new FDEP 15 -year permit rules. The project area extends along the Gulf Coast in Collier County, FL between FDEP monuments R -22 to R -79. The new 15 -year multi -use permit will allow routine and emergency nourishment along Collier County beaches. The pen-nit will allow for Collier County to be ready for an emergency response to a major storm event with approved sand sources. Borrow Area T1 will be re- pennitted for use as an offshore sand source. The permit will include the use of upland sand sources to supplement or substitute for an offshore sand source. The project will be designed within a 6 year template, but will accommodate sea level rise during the project life. The permit application will request approval for two major nourishments from offshore sand sources supplemented by truck haul projects. In addition, multiple truck haul projects, every couple of years, using upland sand sources, will be requested as a substitute for dredging from offshore sand sources. The aim is to provide the County flexibility to change with the dredging market and needs of the County. On May 13, 2014, the Board of County Commissioners approved the short list of design professionals in compliance with Section 287.055, the CCNA and authorized staff to negotiate a contract with Coastal Planning and Engineering the top ranked fine for subsequent Board approval pursuant to RFP No. 14 -6228 for "Collier County Beach Renourishment 15 -year Permit, ". ADVISORY COMMITTEE RECOMMENDATIONS: At the April 10, 2014 Coastal Advisory Council (CAC) meeting, this item was unanimously approved by a 9 to 0 vote. At the April 28, 2014 Tourist Development Council (TDC) meeting, this item was unanimously approved by a 7 to 0 vote. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. FISCAL IMPACT: Funding is available through Tourist Development Tax, Fund 195. A budget amendment will be necessary to move funds, in the amount of $127,566 from reserves Packet Page -702- 6/24/2014 16.A.17. into Project 80165, Collier Beach Analysis. Funding for this permit will not be requested for reimbursement from any grantor agency. LEGAL CONSIDERATIONS: This item has been approved as to fonn and legality and requires majority vote for approval. — CMG RECOMMENDATION: That the Board of County Commissioners awards Contract No. 14- 6228 — "Collier County Beach Renourishment 15 -year Permit" in the amount of $127,566 to Coastal Planning and Engineering Inc., authorizes the Chainnan to execute the corresponding agreement, approves all required budget amendments, makes a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: 1. Proposal 2. Contract Packet Page -703- 6/24/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to award Contract No. 14 -6228 - Collier County Beach Renourishment 15 -year Permit in the amount of $127,566 to Coastal Planning and Engineering Inc., authorize the Chairman to execute the corresponding agreement, authorize the necessary budget amendment, and make a finding that this item promotes tourism. (Project 80165) Meeting Date: 6/24/2014 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 5/30/2014 2:50:34 PM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 5/30/2014 2:50:35 PM Approved By Name: Tara Castillo Title: Management/Budget Analyst, Road Maintenance Date: 6/3/2014 3:00:12 PM Name: LorenzWilliam Title: Director - CDES Engineering Services, Natural Resources Date: 6/3/2014 5:14:03 PM Name: McAlpinGary Title: Manager - Coastal Management Programs, Coastal Zone Management Date: 6/4/2014 11:36:48 AM Name: JohnsonScott Title: Manager - Procurement, Purchasing & General Services Date: 6/9/2014 8:17:20 AM Packet Page -704- 6/24/2014 16.A.17. Name: NorthrupAdam Title: Procurement Specialist, Purchasing & General Services Date: 6/9/2014 9:56:59 AM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 6/9/2014 11:21:43 AM Name: WardKelsey Title: Manager - Procurement, Purchasing & General Services Date: 6/10/2014 5:21:47 PM Name: JohnsonScott Title: Manager - Procurement, Purchasing & General Services Date: 6/13/2014 7:41:30 AM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/13/2014 10:36:45 AM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 6/13/2014 11:08:05 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/13/2014 11:31:25 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/13/2014 3:57:19 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 4:31:33 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/16/2014 10:30:39 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 2:25:10 PM Packet Page -705- 6/24/2014 16.A.17. Packet Page -706- CB&I Coastal Planning & Engineering, Inc. Scope of Work Collier County Beach Renourishment 15 Year Permit RFP #14 -6228 May 19, 2014 Introduction 6/24/2014 16.A.17 Our engineers, geologists and biologists are extremely familiar with the County's coastal environment, including the coastal dynamics, geology and ecology. We routinely participate in the permitting process for coastal construction projects and have a strong working relationship with the regulatory agencies. We will use our extensive project - specific experience, knowledge of historic data and conditions, as well as our existing and ongoing monitoring information as a basis for our analyses to improve the existing project's design. Since we have previously designed and monitored many of the County's nourishment projects, we have the knowledge base to efficiently update the design to achieve the best possible performance and longevity, resulting in cost savings for Collier County. The project will be designed based on the performance of previous beach fill projects recent County guidance and will minimize impacts to environmental resources including swimming and nesting sea turtles, nesting and roosting shorebirds and nearshore hardbottom resources. Our understanding of the goals of the County's coastal management program, experience with the permitting process, familiarity with your specific coastal resources, and our in -house database will enable our professionals to submit a thorough and comprehensive JCP application. We are also prepared to readily respond to requests for additional information in order to keep the permitting process moving forward in a timely and cost - effective manner. The technical approach for each of the tasks outlined in our business plan summarized as follows: 1. Prepare Joint Coastal Permit Application: $16,523.25 State and federal permits and approvals will be required to implement future beach renourishment projects in the County. CB &I's team of coastal experts will prepare and submit a Joint Coastal Permit (JCP) application to the Florida Department of Environmental Protection (FDEP) and the U.S. Anny Corps of Engineers (Corps) to secure these permits. The JCP application will request a 15 -year permit length under the new FDEP guidance, and we will request the same permit duration from the Corps in order to streamline future projects and coordination. The new permit application will be based on the same project specifications as the previously pennitted project, with a progressively higher and wider berm to accommodate sea level rise and a longer design life, where applicable. The permit will also allow for a flexible management regime by authorizing both routine and emergency projects either using an offshore or upland sand source. A three - phased project will be permitted for full consideration as multi -use during the 15 -year permit period. The phases will include: • Routine nourishment • Emergency nourishment in response to a major storm • Smaller hot spot nourishment All phases will be permitted for construction using a hydraulic dredge or via truck haul. The small hot spot project will allow for fill placement above and below Mean High Water (MHW) in the nearshore zone, which will allow for quick response during an emergency situation. Sand sources may include Borrow Area T -1 (previously permitted and located in federal waters), three upland sand mines and Doctors Pass and Cape Romano. Both major nourishments and multiple smaller nourishments will be CB &I Coastal Planning & Engineering, Inc. Packet Page -707- 6/24/2014 16.A.17. incorporated into the permit project description. The maintenance dredging of Doctors Pass will be incorporated into the permit as a supplemental source of beach fill for placement immediately south of the pass; this will lengthen the project design life in this area and mitigate for hot spot effects. During the permitting process for the 2013 -14 project, we coordinated extensively with the Bureau of Ocean Energy Management (BOEM) to obtain a lease to dredge Borrow Area T -1 in federal waters. Although the 2013 -14 project utilized upland sand instead of Borrow Area T -1, it is unlikely that BOEM will require a new lease application to dredge this borrow area for the next project. A lease is still being processed and it will be valid for at least two years once approved. CB &I will update BOEM on the County's application for 15 -year FDEP and Corps permits, but an application for a new BOEM lease is not included in this scope of work. Historic data, reports and documents described in tasks 4 -8 will be assembled into a permit application package. The cover letter will request expeditious handling and pertinent waivers. The package will include the 2011 engineering report and the 2014 monitoring report and surveys. Permit sketches will be developed for inclusion with the JCP application package. The pen-nit sketches will include the beach design in cross - sectional and plan -view, the borrow area design, and proposed pipeline corridors. The permit sketches will be on 8.5" x 11" paper and in digital fonmat. This task along with tasks 4 -8 will include preparation and submittal of the initial permit application and completion items requested by the agencies. 2. Project Management: $4,004.00 Full project management and administration, including client coordination and status reports, project planning and management, and scheduling will be undertaken by CB &I to maintain an expedited permitting process. 3. Pre - Application Meeting: $6,793.25 CB &I has established strong and collaborative relationships with State and federal regulatory agencies over our 30 year history and we are prepared to coordinate with these agencies on behalf of Collier County. We have previously assisted Collier County in securing permits for the 2006 and 2013 -14 renourishment projects and will apply our knowledge and experience to this next project. Upon receipt of a Notice to Proceed from the County, we will coordinate with FDEP and the Corps in order to schedule pre - application meetings. Prior to attending these meetings, we will develop a project description and supporting information that summarize the project history, natural resources in the project vicinity, and monitoring results that illustrate the success of the previous projects while minimizing hardbottom impacts. We will coordinate the project description with the County prior to the pre - application meeting. This information will be submitted to the agencies with a meeting agenda in advance of the pre - application meetings to allow agency staff ample time to prepare. CB &I representatives will attend a pre - application meeting in Tallahassee with representatives from Collier County, FDEP and Florida Fish and Wildlife Commission (FWC). The purpose of this meeting is to present the proposed project along with any changes from historic projects, identify any areas of concern, gather agency input on the project and facilitate an expedited permit process. Following the pre - application meeting with FDEP and FWC, we will coordinate with the Corps office in Ft. Myers to present our proposed project and obtain feedback from their staff. Representatives from U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) may also participate CB &I Coastal Planning & Engineering, Inc. Packet Page -708- 6/24/2014 16.A.17. in the pre- application meeting. During this meeting, we will summarize FDEP's guidance on their process for the 15 -year and expedited permit, and will request that the Corps issue a permit for the same duration; based on informal meetings with the Corps, they are capable of issuing a 15 -year permit. The goal will be to integrate the Corps process with the newly adopted State permitting procedure for streamlined coordination. Following both pre - application meetings, CB &I will prepare and submit a summary of each meeting to the State and federal agencies for review and comment. This will document the information presented and decisions made during the meetings for future reference. Ultimately, recommendations will be made to the County based upon results of these meetings and a path forward will be developed. 4. Prepare Engineering Sections: $17,342.00 CB &I's longstanding experience as one of the County's beach renourishment consultants allows our engineers to incorporate the in -depth knowledge that we've gained over the years of your coastal program into the JCP application. CB &I engineers will prepare all applicable engineering sections within the application while coordinating with our biologists, geologists and CAD /GIS staff to provide a comprehensive submittal. An engineering summary will be prepared and submitted with the permit application. The engineering summary will be supplemental and complimentary to previously submitted reports, including the 2011 engineering and 2014 monitoring reports and the recent permit modification. The summary will detail the design methodology and all updates to the design from the original project and include results from the 2013 -14 Renourishment Project and the 2013 Doctors Pass Maintenance Dredging. . Using recent monitoring data, an updated sediment budget will be prepared for the project area. Any trends in MHW or volumetric changes will be noted. An updated engineering design will be completed for the beach nourishment project based on the 2003 baseline and the 2011 engineering report. This design will be based upon the templates created for the 2006 and 2013 -14 projects and will accommodate a design life of 6 to 10 years where feasible. Historic erosion rates will be updated with the latest survey information in order to develop the advanced nourishment needed at each profile to achieve the 6 to 10 year templates. The permit will create the flexibility needed for tailoring the size and extent of future nourishments to meet the County's future goals. The updated design berm elevation will account for sea level rise from inception of the original design and project it forward to the end of the 15 -year permit life. This will allow the project to account for past and future sea level rise within the project area. A general dune and vegetation option will be included in the permit application. The dune option will be directed towards dune restoration after major storms and dune creation if needed. Dune vegetation will be planned for the newly restored dunes and to fill in the gaps of existing dune vegetation. Detailed design of dunes and vegetation will be part of construction plans as needed. In addition to the major engineering submittals, CB &I will update the project description based upon agency feedback after the pre- application meeting. It will include both a large volume single construction event and multiple smaller volume events achieve the design volume A construction methods summary will be developed to account for multiple construction techniques to provide flexibility for the County's future projects. A construction schedule will be developed to incorporate the County's desire for both long and short term nourishment projects using offshore or upland sand sources. Justification for potential impacts to natural resources from construction of the proposed project will be included within the permit package. CB &I Coastal Planning & Engineering, Inc. Packet Page -709- 6/24/2014 16.A.17. 5. Expedited Handling: $1,795.00 CB &I is experienced in the updated State permitting process and familiar with the new rules. We know what is expected during the current permitting process, and will apply this knowledge to the County's permitting needs. We will coordinate closely with the FDEP early in the application process to develop a list of items required and those not required for submittal based upon repeat projects and the new permitting rules. If the FDEP requires submittals that we feel should be excluded due to repeat project rules for expedited permitting, we will coordinate with the FDEP and request justification and guidance. CB &I will also inform the County if a proposed project feature will increase the time typically required by the expedited process. We will list criteria for expedited processing under the proposed FS 62B- 49.0055 and describe why the project qualifies on each point. 6. Prepare Environmental Sections: $14,917.00 CB &I biologists play an integral role in the permitting effort for beach renourishment projects and understand that open communication and a proactive approach are keys for expediting the permitting process. We coordinate closely and frequently with regulatory agency personnel, maintaining a valuable cooperative relationship. For example, our familiarity with Collier County's hardbottom resources combined with our close working relationship with the FDEP resulted in a reduction of the required biological monitoring for the 2013 -14 Truck Haul Project. We also successfully integrated CB &I and Collier County resources and staff to conduct the pre - construction biological monitoring survey in 2013 — this combined team efficiently completed the permit required monitoring while once again, minimizing costs to the County. Additionally, we have recent experience obtaining 15 -year permits under the FDEP expedited permitting process for beach renourishment projects. CB &I biologists will prepare the environmental sections of the JCP application for the FDEP and the Corps, which will include pertinent information regarding wildlife surveys, existing natural resources and listed and proposed species. Due to our history with the County and our experience permitting previous Collier projects, we have open lines of communication with County staff as well as biologists in State and County parks in Collier County. This eases our accessibility to updated environmental information, such as sea turtle nesting and shorebird data. When preparing the application, we will utilize our in -house database of hardbottom resources collected for the 2006 and 2013 -14 projects. CB &I biologists have worked with our Geographic Information Systems (GIS) specialists to create a comprehensive interactive geodatabase for the County's coastal environment which includes all project areas, coastal structures, hardbottom and seagrass resources, sand resource areas, monitoring locations, artificial reefs, aerial photography and laser bathymetry of the entire offshore area. This database is very powerful and provides quick access to a comprehensive dataset. This readily available information will help expedite the permitting process and also supports the planning phases and project design to protect natural resources from potential project - related impacts. Our biologists have an in -depth understanding of existing regulations and work closely with the Corps, USFWS and NMFS to evaluate potential project impacts to federally protected species and critical habitat. We routinely assist the Corps with Endangered Species Act (ESA) Section 7 Consultation and are familiar with the detailed information they require to complete this coordination, including completion of the NMFS Section 7 Checklist. We stay involved and informed on potential changes to ESA listings and coordinate with NMFS and USFWS not only on listed species and designated critical habitat, but also on those species or critical habitat that are candidate or proposed for listing. By coordinating in advance and submitting up -to -date and comprehensive data, we can avoid costly delays associated with re- initiation of consultation due to changes in the ESA status of species or critical habitat. CB &I Coastal Planning & Engineering, Inc. Packet Page -710- 6/24/2014 16.A.17. We do not anticipate that an Environmental Assessment (EA), Biological Assessment (BA) or Essential Fish Habitat (EFH) Assessment will be required in support of the permit application. The existing USFWS State Programmatic Biological Opinion (SPBO) and Piping Plover Programmatic Biological Opinion (P3BO) along with the NMFS Gulf of Mexico Regional BO (GRBO) for hopper dredging are expected to support the expedited permitting process. CB &I will advise the County if additional project - specific consultation is necessary. CB &I biologists will facilitate coordination between the County and regulatory agencies early in the permitting process in order to ensure that the required environmental data is provided, and will continue to coordinate with the agencies regularly throughout the process until final permits are obtained. 7. Prepare Geology Sections: $31,438.00 7.A. Borrow Area T1, Upland Sources & Doctors Pass: $10,261.00 CB &I has investigated available offshore and upland sand sources on behalf of Collier County beginning with the 2006 Beach Renourishment Project, and successfully located high quality beach compatible material for use in recent projects. The results of the past geotechnical investigations will be incorporated into the permit application. For Borrow Area T1, permit sketches and composite tables developed for the 2013 pen-nit modification will be re- submitted for approval and incorporated into the 15 -year permit application. CB &I will perform compatibility analyses for offshore and upland sand sources to supplement the geotechnical data submitted within the County's JCP application. The results of existing beach sand samples along with the compatibility analysis will be included as part of the final geotechnical documents. There will be no new field work proposed for this task. For upland sand sources, both similar and coarser mean grains size will be consider for compatibly analysis. Multiple upland sources will be researched and characterized, in addition to the offshore borrow areas. This will include recent sand samples and laboratory reports characterizing the sand products' suitability for Collier County beaches. Permitting multiple upland sources will allow flexibility of sand source options during emergency nourishment situations. A small report of local sand sources will be prepared along with an analysis of representative mine samples for use in permitting. 7.B. Cape Romano Shoals Borrow Area Design: 521,177.00 CB &I conducted Phase I, Il and III investigations for a marine sand search in 2007 and 2008 for Collier County. This included design level geotechnical and geophysical investigations targeting the Cape Romano Shoals in 2008. We analyzed sediment samples, vibracores and geophysical data from Cape Romano and determined primary and secondary sand resource areas containing an estimated 900,000 and 2 million cubic yards of sand, respectively. All of the data associated with these past efforts are incorporated into our in -house databases. CB &I will review the in -house data, design refined borrow area cuts and prepare pennit sketches and other submittals for FDEP in support of permitting a Cape Romano borrow area, including a compatibility analysis. No additional field studies or modeling are expected to be required for permitting of Cape Romano borrow area; therefore they are not included in this fee proposal. 8. Prepare Special Plans: $4,447.00 In order to ensure sediment quality and protect natural resources from potential impacts, the FDEP requires specific plans to be submitted with the JCP application. CB &I will prepare and submit a Sediment QA /QC Plan, Physical Monitoring Plan, Biological Monitoring Plan and Turbidity Monitoring Plan for agency review and approval. We anticipate that current plans can be updated with minor revisions. CB &I will prepare and submit a Sediment QA/QC Plan for both offshore and upland sand sources to the FDEP. CB &I will coordinate with the FDEP to complete the development of a Sediment QA/QC Plan, CB &I Coastal Planning & Engineering, Inc. Packet Page -711- 6/24/2014 16.A.17. which will be implemented during project construction as a condition of the FDEP permit. The Sediment QA /QC Plan includes continuous monitoring of the quality of beach fill material in order to ensure the sand meets State standards. CB &I has developed numerous approved offshore and upland Sediment QA /QC Plans for beach renourishment projects, including Collier County projects. CB &I will work with "FDEP staff to minimize sediment sampling at the upland sand mine, which can help reduce the unit cost for upland sand. A Physical Monitoring Plan will be prepared for the beach fill site and offshore borrow area, if used. This plan will monitor for any adverse effects from the project as required by FDEP. CB &I has developed monitoring plans for the County's past projects and will work with the FDEP for approval of a plan that is consistent with the County's historic monitoring procedures. CB &I biologists routinely work with the FDEP to develop effective and appropriate Biological Monitoring Plans, which are required as permit conditions for beach projects in Collier County due to the close proximity of nearshore hardbottom adjacent to the Collier County shoreline. Our biologists developed the monitoring plan associated with the 2006 Renourishment Project and updated the plan for the 2013 -14 Truck Haul Project. Our understanding of and experience implementing the existing monitoring plan will ease coordination with regulatory agencies if the current biological monitoring plan needs updated. We will coordinate with FDEP to ensure that the biological monitoring plan effectively monitors for project - related impacts due to Collier's beach nourishment projects, as well as potential impacts from Doctors Pass Maintenance Dredging and /or the Wiggins Pass Maintenance Dredging and Navigation Improvement Projects. Our familiarity with the nearshore resources and all past monitoring will allow us to work with FDEP to see that the methodology remains appropriate to achieve study goals without requiring excessive and expensive additional effort. A Turbidity Monitoring Plan is required by the FDEP for all beach nourishment projects where construction activity will occur below the MHW line. CB &I will prepare a turbidity monitoring plan and request a mixing zone variance in order to meet State water quality standards. A mixing zone variance will allow a larger zone for the dissipation of turbidity created during beach fill activities. Truck haul sand placement in the nearshore will be a special focus of this effort. CB &I will coordinate with FDEP staff to ensure practical means of maintaining project - related turbidity are included within the plan. 9. Respond to Agency Comments /RAI Phase: $16,861.25 Typically, within 30 days following receipt of the JCP application, the FDEP issues a "Request for Additional Information" (RAI) which outlines what information is still needed in order to complete the application. This RAI includes comments from FDEP staff as well as any comments from FWC. The Corps may also submit questions, sometimes on behalf of USFWS and NMFS or to support preparation of their public notice. CB &I will respond to State and federal agency questions and provide all required data and information in order to deem the project files complete, allowing the agencies to process and finalize the permits. Based on the new expedited permitting process, one formal FDEP RAI and several informal requests for information are expected. We anticipate travelling to Tallahassee one time, if needed. We will also respond to Corps, USFWS and NMFS questions, and anticipate travelling to Fort Meyers once during the RAI process. 10. Finalize Permit Application Process: $13,345.25 CB &I will work closely with the agencies to complete the permitting process and obtain both State and federal permits. CB &I will coordinate with the agencies during this period and provide any last minute documentation that is requested. CB &I will negotiate permit conditions after review of the draft permit. We will review permit and Biological Opinion project descriptions and Terms and Conditions for CB &I Coastal Planning & Engineering, Inc. Packet Page -712- 6/24/2014 16.A.17. accuracy and consistency. CB &I will have an open line of communication with agencies in order to allow for a timely permit issuance. Recent experience shows that the Corps and other federal agencies are easily diverted by other National and State priorities, and we will attempt to keep them on schedule and advise the County when other actions are necessary to achieve a timely response. In summary, CB &I is well suited to assist the County with all the required coastal permitting services related to the topics above, or with any unforeseen tasks that may arise during the term of the contract. We are committed to providing the County with a high level of service that meets the needs of the County and to protect your beautiful, prestigious beaches. The total requested for Tasks 1 -10 is $127,566.00. CB &I Coastal Planning & Engineering, Inc. Packet Page -713- 6/24/2014 16.A.17. I Contract # 14 -6228 "Collier County Beach Renourishment 15 Year Permit Engineering Services" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and CB &I Coastal Planning & Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2481 NW Boca Raton Blvd., Boca Raton, FL 33431 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Engineering Consulting services of the CONSULTANT concerning Collier County Beach Renourishment 15 Year Permit (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY Packet Page -714- 6/24/2014 16.A.17. 1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Thomas Pierro, Project Manager, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by 2 Packet Page -715- 6/24/2014 16.A.17 CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. �J 3 Packet Page -716- 6/24/2014 16.A.17. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. a v Packet Page -717- 6/24/2014 16.A.17. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 5 v Packet Page -718- 6/24/2014 16.A.17. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 6 �J Packet Page -719- 6/24/2014 16.A.17. 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; 7 U1 Packet Page -720- 6/24/2014 16.A.17. (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. s v Packet Page -721- 6/24/2014 16.A.17 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION o� U 9 Packet Page -722- 6/24/2014 16.A.17. 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may io Packet Page -723- �� " 6/24/2014 16.A.17. be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier �i bJ Packet Page -724- 6/24/2014 16.A.17 County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self - insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, 12 Packet Page - 725 - `� f _ 6/24/2014 16.A.17. or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, 13 Packet Page -726- 6/24/2014 16.A.17. however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. is Packet Page -727- 6/24/2014 16.A.17. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. is Packet Page -728- 6/24/2014 16.A.17. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 16 Packet Page -729- 6/24/2014 16.A.17 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: / 0 17 Al Packet Page -730- 6/24/2014 16.A.17. Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239 - 252 -8407 Fax: 239 - 252 -6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: CB &I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Telephone: 561 - 361 -3171 Fax: 561 - 391 -9116 Attn: Thomas Pierro, Project Manager 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 171. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. is Packet Page -731- 6/24/2014 16.A.17. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.8 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS 19 0(1�- Packet Page -732- 6/24/2014 16.A.17. RFP # 14 -6228 Collier County Beach Renourishment 15 Year Permit Terms and Conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public zo G Packet Page -733- 6/24/2014 16.A.17. entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 21 Packet Page -734- c� 6/24/2014 16.A.17. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. r 22 I'L1 Packet Page -735- 6/24/2014 16.A.17. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for "Collier County Beach Renourishment 15 Year Permit" on the day and year first written above. ATTEST: Dwight E. Brock, Clerk Date: Approved as to Form and Legality: Assistant County Attorney Name Witness Name and Title Witness Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Bv: -- Tom Henning, Chairman CB &I Coastal Planning & Engineering, Inc. By: Name and Title 23 Packet Page -736- 6/24/2014 16.A.17 SCHEDULE A SCOPE OF SERVICES Contract # 14 -6228 "Collier County Beach Renourishment 15 Year Permit Engineering Services" The COUNTY is desirous to permit a comprehensive renourishment program for its beaches under the new FDEP 15 -year permit rules. The permit application will adhere to essentially the same project built in 2005 -06 and planned for 2013, which will simplify permit processing. The project area extends along the Gulf Coast in Collier County, FL between FDEP monuments R -22 to R -79. Detailed Scope of Work The purpose of this scope of work is to secure a 15 -year multi -use permit in order to perform routine or emergency nourishment along Collier County beaches. The multi -use permit will allow for the COUNTY to be ready for several types of renourishments, including, but not limited to; routine maintenance, major post -storm restoration, and emergency hot spot nourishment using both offshore sand source and truck haul from an upland sand source. Borrow Area T1 will be re- permitted for use as an offshore sand source. The permit will include the use of upland sand sources to supplement or substitute for an offshore sand source. The template will be a composite of the 2005/06 and 2013/14 design. The Project will be designed with a 6 to 10 -year project life, but will accommodate sea level rise during the Project life. The permit application will request approval for a minimum of two (2) major nourishments from offshore sand sources supplemented by truck haul projects. In addition, multiple truck haul projects, every couple of years, using upland sand sources, may be requested as a substitute for dredging from offshore sand sources. The purpose of this Agreement is to provide the COUNTY flexibility to change with the dredging market and needs of the COUNTY. Task 1- Joint Coastal Permit Application: State and Federal permits and approvals will be required to implement future beach renourishment before the existing permit expires. Every effort should be made to seek and secure a 15 -year permit. Evaluation and incorporation of existing and recently acquired design, geotechnical, and environmental documentation into a Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) application package that presents the information in the approved agency format. New or additional field investigations or studies should be minimized and avoided. In addition to descriptive information, the permit application should include the appropriate sketches and drawings to graphically describe the Project. The Consultant will provide the draft JCP package to the COUNTY for review and comment. Electronic copies (Adobe Acrobat PDF format on CD -Rom) of the JCP application will be prepared and submitted to the FDEP for distribution and review. One (1) hard and electronic copy of the permit application will be submitted to the appropriate U.S. Army Corps of Engineers (USACE) representative responsible for project review and comment. Electronic copies will be provided to other agencies as needed. The permit application will incorporate the results of the 2013 nourishment project. A -1 Packet Page -737- �`qr 6/24/2014 16.A.17. The permit documents will include information pertinent to beach erosion, beach performance, environmental setting, design details in permit drawings, sand source criteria, and any other information deemed important by State and Federal agencies. The permit will also incorporate information developed in recently completed geotechnical investigations, engineering studies, and physical monitoring reports. Task 2 — Administration: The Administration task may be used for any of the proposed projects or services to be covered under this Agreement. Administration may include, but not be limited to, coordination, meetings, progress and status updates, budget control, scheduling, planning, internal meetings, and other associated management tasks. The need for any Administration services shall be determined by the project requirements. Task 3 — Pre - Application Meeting: Coordinate with the County and State and Federal resource protection agencies to schedule a Project pre - application meeting. Schedule the pre - application meeting sufficiently in advance to allow those State and Federal agencies responsible for Project evaluation to attend. Agencies that will be invited include the FDEP, USACE, National Marine Fisheries Service (NMFS), United States Fish and Wildlife Service (USFWS), and Florida Fish and Wildlife Conservation Commission (FWC). The purpose of the meeting will be to describe the design decisions that the County reached in formulating the proposed Project. Goals of the pre - application meeting are to obtain agency input on the proposal, identify additional data needs and concerns, and develop responses to those issues before submittal of the JCP. By meeting with the agencies before formal submittal of the JCP, the critical tasks will be identified and criteria needed to process a 15 -year permit. The FDEP has new rules for repeating nourishment projects that will reduce the amount of effort required, but they have not been finalized nor formally accepted by the USACE. One (1) trip to Tallahassee with County staff to meet and coordinate with the agencies is included in this task. Consultation with the Corps of Engineers (USACE) in Ft. Myers, Florida, must occur to fully investigate criteria for an expedited permit process and a 15 -year permit length, and how the Corps process can be integrated into the new FDEP procedures. The Consultant will provide recommendations to the County based on the results of these meetings. Task 4 — Prepare Engineering Sections: Prepare an updated engineering summary of the Project area that will supplement previously submitted engineering reports. This summary will analyze recent trends and contain an updated sediment budget for the area. Update the design based upon previous design templates and maximize the design life where feasible. The design will account for historic volumetric and MHW change rates. The design will propose a progressively higher beach and dune design template in order to account for future sea level rise. Dune restoration and planting will also be included within the plan. This design methodology will be documented within the engineering summary for use in permitting. 0 A -2 y Packet Page -738- 6/24/2014 16.A.17 • Along with the engineering summary, the Consultant will prepare a Project and construction description, Project schedule, impact analysis, and other required engineering documents and drawings for the permit application. Permit sketches will be developed and finalized within this task. The permit sketches will include a plan -view design with corresponding beach profile cross - sections along with borrow area design. • Results of the previous engineering, inlet and monitoring reports will be incorporated into the permit application. Task 5 — Expedited Handling: • The engineering report and attachments will make a case for an expedited FDEP permitting process. The beach nourishment projects that are constructed and maintained with no substantial changes in Project scope and past performance indicates that the Projects have met design expectations, and will be used for a simplified and expedited permitting process under the following criteria: i. Beach nourishment has been conducted at least once since the initial construction of the beach restoration; ii. Physical and biological site conditions have not changed since initial construction of the Project that would result in a violation of water quality standards or a significant adverse impact to the coastal system; iii. Physical monitoring data and analysis has shown the Project has performed according to design expectations; iv. The Project has met performance expectations, with due regard for storm impacts, by maintaining the beach restoration Project through the design nourishment interval; v. The advance nourishment fill volume is not greater than the design volume used in the preceding maintenance events after an allowance for incidental erosion of the design profile (backshore berm); vi. Biological monitoring data and analysis has shown no additional adverse impacts greater than those anticipated by the original permitted project; vii. For the item vi. above an analysis of actions at Blind Pass will address how they met FDEP Strategic Management Plan and Interlocal agreement criteria. viii. The applicant has conducted and submitted to the Department all the physical and biological monitoring data and analysis required by permits for the preceding project. Task 6 — Prepare Environmental Sections: Biologists will review and compile updated environmental data (e.g. sea turtle nesting data, shorebird nesting, and hardbottom resources) that may be requested by FDEP and /or USACE. This will include pre- construction hardbottom biological monitoring data collected in August 2013 before the 2013 beach renourishment project. Coordinate with various agencies to obtain any additional data. No new field work should be required. O A -3 D J Packet Page -739- 6/24/2014 16.A.17. • Environmental sections of the JCP application, including threatened and endangered species present, existing natural communities, wildlife surveys, biological resources, etc., will be prepared by a qualified biologist. Biologists will also provide additional information for the USACE which may be required for consultation with USFWS and NMFS, such as the Manatee Biological Evaluation (USFWS) and the Section 7 Consultation Checklist (NMFS). Assist the USACE in preparing a public notice, consultation letter and advertising the public notice. • Based upon recent guidance, it is anticipated that the environmental information submitted with the JCP application and within the Manatee Biological Evaluation (USFWS) and Section 7 Consultation Checklist (NMFS) will be sufficient to satisfy NEPA requirements, including Endangered Species Act Section 7 Consultation with USFWS and NMFS and Essential Fish Habitat (EFH) consultation with NMFS. Assume that the USFWS Statewide Programmatic Biological Opinion (SPBO) for nesting sea turtles and the USFWS P3130 for piping plovers will apply to this Project. If a hopper dredge is utilized for the Project, then the terms and conditions from the NMFS Gulf of Mexico Regional BO (GRBO) should be applied. Use of a cutterhead dredge would require concurrence from NMFS with a "not likely to adversely affect" determination or a separate BO for this Project. This scope of work should not include the preparation of a Biological Assessment (BA), EFH Assessment or Environmental Assessment; it is expected that the environmental data provided to USACE during the permit application task will be adequate to obtain all agency approvals. The environmental and biological criteria needed to justify an expedited permitting process (6213- 49.0055) will be integrated into this section. • Environmental, geology, and cultural resources documents developed for permitting and monitoring from the permit agencies for the Collier project over the last ten (10) years will be assembled and organize on a CD for use by the permit agencies. This will provide an accessible reference for agency action on this repeat Project. Task 7 - Prepare Geology Sections: Results of the past geotechnical investigations will be incorporated into the permit application. Existing permit sketches of Borrow Area T1 should suffice. A compatibility analysis of the borrow areas will be developed for the permit application. No new field work is being proposed. • Design of a borrow area, preparation of permit sketches and assembling geotechnical data in FDEP format for permitting the Cape Romano sand source subject to availability of funding remaining in this task order after completion of RAI No. 1 response. No new research, investigation or analysis is assumed as part of this task. Upland sources will be researched and characterized in addition to the offshore borrow areas. This will include a recent sand sample and laboratory report characterizing the sand supplier product suitable for Collier County beaches. This will allow flexibility of sand source options during emergency nourishment situations. A small report of local sand sources will be prepared along with an analysis of representative mine samples for use in permitting. @E) A-4 Packet Page -740- 6/24/2014 16.A.17. Task 8 — Prepare Special Plans: In addition to project- specific engineering and scientific information, the following items will be required to receive a permit for the Project. These plans will be based on those prepared for the last permit and will be submitted as data acquisition allows: i. Sediment Quality Control /Quality Assurance (QA/QC) Plan: A revised Sediment QA/QC Plan will be developed and submitted to the FDEP for review and approval. The new plan will integrate the latest sediment data from the Project area. Separate plans will be developed for the offshore borrow areas and upland sand sources. Physical Monitoring Plan: The physical monitoring plan for the beach and offshore borrow area will be updated. Monitoring will consist of profile surveys of the beach and periodic surveys of the borrow areas. The plan will be submitted to FDEP for approval. iii. Biological Monitoring Plan: The biological monitoring plan for the beach will be updated, if needed. Monitoring will consist of various diver investigations of the nearshore hardbottom habitat. Results of the 2013 pre- construction dives will be included. Task 9 — Respond to Agency Comments /RAI Phase: This task includes preparing responses for one (1) Request for Additional Information (RAI) from the Corps and FDEP, as well as travel to visit FDEP offices one (1) time. The FDEP is using an extended information collection period in lieu of RAI No. 2, which will be covered in this task in conjunction with task 5. The Consultant will recommend actions to be taken by the County should they be needed to move the permit process along. After the first set of RAI and reasonable extended questions period additional RAI will be discussed with County staff to develop a course of action. Recent physical monitoring results will be provided to FDEP to supplement the permit application. Task 10 —Finalize Permit Application Process: This task may include, but not be limited to: Negotiating Permit and BO Requirements, Issuance of Public Notice, Response to Comments on Public Issuance, Coordination of Final Permit Issuance, and providing last- minute documents to assist agencies in issuing the permit. This proposed scope of work assumes that the following tasks will not be required based upon recent guidance: a chapter 62B- 41.008h survey, Environmental Assessment, Biological Assessment, EFH Assessment, a new Division of Historic Resources investigation of the beach or borrow area, mitigation plan, modeling, and other major field investigations or reports. However, should any to the above referenced tasks be required, they will be allowed under this Agreement as "Additional Services ". This scope of work does not include County permitting or other administrative actions. The pending BOEM lease will be good for at least 2 years, and no action will be included towards application of a newer lease. Permit fees will be provided by the County. A -5 Packet Page -741 - 6/24/2014 16.A.17 SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Gary McAlpin, Manager, Coastal Management Programs, CDES, 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252 -2966. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. Task Description NOT TO EXCEED AMOUNT: 1 Prepare Joint Coastal Permit Application $16,523.00 2 Administration $4,004.00 3 Pre-Application Meeting $6,793.00 4 Prepare Engineering Sections $17,342.00 5 Expedited Handling $1,795.00 6 Prepare Environmental Sections $14,917.00 7 Prepare Geology Sections: a. Borrow Area T1, Upland Sources & Doctors Pass $10,261.00 b. Cape Romano Borrow Area Design $21,177.00 8 Prepare Special Plans $4,447.00 9 Respond to Agency Comments (RAI) $16,961.00 10 Finalize Permit Application Process $13,345.00 TOTAL FEE Total Items 1 -10 $127.665.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding B -1 i Packet Page -742- -. vd 6/24/2014 16.A.17. CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. s -z Packet Page -743- 6/24/2014 16.A.17. B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1. Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the OWNER. END OF SCHEDULE B. B -3 Gci) Packet Page -744- 6/24/2014 16.A.17 Attachment 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Standard Hourly Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 118.00 Marine Biolo ist/H dro eolo ist $ 110.00 Senior Marine Biolo ist/H dro eolo ist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical /Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew - 2 man $ 130.00 Survey Crew - 3 man $ 161.00 Survey Crew - 4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 B-4 Packet Page -745- 6/24/2014 16.A.17. SCHEDULE C PROJECT SCHEDULE Task C escrip on , Cumullative Number of - CA116fidar ft I ys qr', 'c9mPletion from Date, of Notice to Proceed 1 Prepare Joint Coastal Permit Application 120 2 Administration 365 (Ongoing throughout project) Pre-Application Meeting 30 —3 Prepare Engineering Sections 120 —4 Expedited Handling 120 —5 Prepare Environmental Sections 120 —6 Pre are Geology Sections: 120 —7 a. Borrow Area T1, Upland Sources & Doctors Pass 120 b. Cape Romano Borrow Area Design 120 Prepare Special Plans 210 —8 Respond to Agency Comments (RAI) 210 —9 10 Finalize Permit Application Process 365 C-1 Packet Page -746- 6/24/2014 16.A.17. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D -I Packet Page -747 - 6/24/2014 16.A.17. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the D-2 (}d J Packet Page -748 - 6/24/2014 16.A.17. CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) X_ $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable D -3 Packet Page -749- 6/24/2014 16.A.17. (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following, General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 —X—General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 D-4 Packet Page -750- 6/24/2014 16.A.17. (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable _X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_ Yes No D-5 Packet Page -751- 6/24/2014 16.A.17. (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate D -6 Packet Page -752- c)ov, 6/24/2014 16.A.17. $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY °-' o �\D Packet Page -753- 6/24/2014 16.A.17. (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D'8 lOb'7 Packet Page -754- �� 6/24/2014 16.A.17. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CB &I Coastal Planning & Engineering, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Collier County Beach Renourishment 15 Year Permit" are accurate, complete and current as of the time of contracting. CB &I Coastal Planning & Engineering, Inc. BY: TITLE: DATE: E -1 Packet Page -755- 6/24/2014 16.A.17. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS } Thomas Pierro Senior Project Manager 5% Stephen Keehn Senior Engineer 10% Tara Brenner Engineer 30% Julien Devisse Engineer 15% Mike Lowiec Surveyor & Mapper 5% Lauren Floyd Senior Marine Biologist 30% Kristina McCoy Senior Geologist 10% Leah Colombo Geologist 10% Gary Krystyniak CADD Technician 15% Heather Vollmer GIS Specialist 5% Tracie McCauley Clerical 5% F -1 Packet Page -756-