Agenda 07/27/2010 Item #16D 5Agenda Item No. 16D5
July 27, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve time and material Change Order No. 3 to Work Order
No. 45- 100227 to address additional information requested by FDEP and the
USACE for the Clam Pass maintenance dredging permit as outlined in the
attached PBS &J proposal dated May 18, 2010 not to exceed $69,050; and
authorize the County Manager or his designee to execute the Change Order.
OBJECTIVE: Approve Change Order No. 3 to Work Order 45- 100227 with PBS &J's to
address additional information requested by FDEP and the USACE for the Clam Pass
maintenance dredging permit.
CONSIDERATIONS: The USACE and FDEP are requesting additional information not
included PBS &J's current scope of work. This is required to secure the Maintenance
dredging joint coastal permit for Clam Bay and expected to cost $69,050. Contract will
be on a T &M not to exceed basis. The joint coastal permit is issued by both the FDEP
and the USACE.
ADVISORY COMMITTEE RECOMMENDATIONS: At the June 10, 2010 CAC
meeting this item was recommended for approved 6 to 1.
At the June 28, 2010 Tourist Development Council meeting this item was recommended
for approval 6 -0.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax
fund 195.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action. - JK
RECOMMENDATION: To approve time and material Change Order No. 3 to Work
Order No. 45- 100227 to address additional information requested by FDEP and the
USACE for the Clam Pass maintenance dredging permit as outlined in the attached
PBS &J proposal dated May 18, 2010 not to exceed $69,050; and authorize the County
Manager or his designee to execute the Change Order.
PREPARED BY: Gary McAlpin, CZM Director
Agenda Item No. 1605
July 27, 2010
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D5
Item Summary:
Recommendation to approve time and material Change Order No 3 to Work Order No. 45-
100227 to address additional information requested
by FDEP and the USACE for the Clam
Pass maintenance dredging permit as outlined in
the attached PBS &J proposal dated May
18, 2010: not to exceed 669,050 and authorize the
County Manager or hls designee to
execute the Change Order.
Meeting Date:
7/27/2010 9:00.00 AM
Approved By
Gary McAlpin
Director - Coastal Management Programs
Date
Public Services Division
Coastal Zone Management
7/712010 4:02 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7/8/201011:11 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
7/812010 4:22 PM
Approved By
Steve Carnell
Director - PurchasinglGeneral Services
Date
Administrative Services
Purchasing & General Services
7112/2010 2:06 PM
Division
Approved By
Lyn Wood
Contracts Specialist
Date
Administrative Services
Purchasing & Senera! Services
.;1x1201010:58 AM
Division
Approved By
Marla Ramsey
Administrator - Public Services
Date
Public Services Division
Public Services Division
711412010 11 26 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management L Budget
714120'0 1:20 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Office Of Mar,aaemc:7t & Budget
is ^. "0120'.0 8.22 P6r1
Budge',
Agenda Item 1�o. 16D5
July 27, 2010
Contract 07 -4153 .tune 4, 2010 SCOPE -OF -WORK Page 3,)f 8
Additional Funding Request
Change Order #3
W O #45- 100227
Contract # 07 -4153
June 4, 2010
CLAM PASS/BAY ESTUARY
PBS &J is pleased to provide a scope of work for Clam Pass /Bay Estuary. The intention of this
Work Assignment is to provide professional guidance, preparation of project documentation,
respond to peer review comments and expert review of project information for Clam Pass and
Bay Estuary. In accordance with Collier County Contract Number 07 -4153 "Professional
Engineering Services for Coastal Zone Management Projects" the following scope of work is
presented herein.
Current Understanding - On March 24, 2010, PBS &J received comments (request for
additional information (RAI)) back from FDEP concerning the Clain Pass JCP plans and
design. After thorough analysis of the request for information, meetings were held on May 4
and 7, 2010 with Merrie Beth Neely, Jennifer Koch and other staff members at the Department
to discuss clarification and potential relief on specific questions and additional requirements
listed in the letter. Specifically questions 23, 25, 27, 31, 33 and 39 were discussed to clarify the
level of analysis and information required to respond. Results of the meeting indicate the need
to complete further analyses in order to respond to the RAI. Based on the outcome of the
FDEP meetings the following scope of services is listed below.
In addition, the USACE provided a package to PBS &J on June 2, 2010 that included
approximately 100 public comments /questions regarding the permit application. As part of the
permit process these questions will have to be addressed.
SCOPE OF WORK
Task 3.1 — Clam Pass Application for Joint Coastal Permit
Material and documentation required for to respond to the RAI will be prepared and submitted
to the regulatory agency; Florida Department of Environmental Protection. A total of four (4)
meetings will be held with the regulatory agencies to review the RAIs, public comments, and
prepare necessary response(s), etc. Appropriate changes to the design documents will be made
following review and approval by County stain.
This scope of services does not include for any type of detailed environmental documentation
such as a mitigation plan, Environmental Assessment (EA) or Environmental Impact Statement
PBS &.I
Agenda Item No. 16D5
July 27, 2010
Contract 07 -4153 June 4, 2010 SCOPE -OF -WORK Page 4 of 8
(EIS). Any items out -of -scope will be discussed with the County and a scope of services will
be provided.
FDEP Response: Based on the comments received from FDEP (dated March 24, 2010) the
following areas will be addressed:
• Revised drawings and plan sets to include items requested in RAI comment No. 23.
• Address comments with regards to the proposed mixing zone limits, edge of nearshore
edge of hardbottom, minimize any impacts to natural resources, etc., RAI comments
No. 25 and 33.
• Respond to comments regarding the geotechnical data, hammer cores, sediment
sampling and beach compatibility analysis, RAI comment No. 27.
• Provide clarification of proposed impacts to natural resources (seagrass, Thalassia
tesludimun), RAI comment No. 33.
• Analysis the cross - section area of the proposed dredge template, within the proposed
impacted area, to determine if minimum flow requirements can be maintained, RAI
comment 33.
• Calculate the required application fee based on the above application revisions, RAI
comment No. 39. All application fees will be paid by the County.
USACE Response: Based on the comments received from USACE (dated June 1, 2010) the
following areas will be addressed (respond to item No.3):
• Provide description of the criteria and/or thresholds that will be used to determine the need
for periodic dredging activities in the proposed work area; please identify the responsible
party associated with such determination(s);
• Provide description of the water quality parameters that are anticipated to improve as a
result of the proposed work — include data that describe past /current "impaired" conditions
and describe the anticipated quantitative improvements to water quality;
• Provide confirmation that the proposed work area is consistent with the previous dredge
template /footprint; please provide a mapping /ground -truth reference for any such
statement (e.g., use of coordinate data/GPS, etc.) that supports adherence to the historical
footprint during project activities;
• Provide a narrative that addresses public interest review factors; the narrative should
demonstrate that the project is clearly in the public interest (typical public interest review
factors include: conservation, economics, aesthetics, general environmental concerns,
wetlands, historic properties, fish and wildlife values, land use, navigation, shore
erosion and accretion, recreation, water quality, safety, and consideration of property
ownership).
• Perform a site visit with National Marine Fisheries Service (NMFS) of the project site
to review resources within the area to be dredged.
Due to the magnitude of comments /questions received (100 plus), the substantive issues raised
in the comment letters will be addressed; and responses will be _rouped by topic. The
comments are generally much the same, such that there is no need to respond to each individual
° comment letter, but PBS&J will capture the essence of the concerns in the responses and will
look at the individual comments in order to prepare an adequate response. Also, please note that
the responses will be prepared to and for the USACE, and are not to the commenting parties;
PBS &J 2
Contract 07-4153
June 4, 2010
Aaenda Item No, 16D5
July 27, 2010
SCOPE -OF -WORK Page 5 of 8
however, a future request could prompt release of the documents subject to coordination with
the USACE Office of Counsel.
Note: this task does not include services for responding to legal objections, preparing for expert
testimony or preparing for litigation to the project. These services will be provided under
separate scope and fee to the County. In addition, it is anticipated that additional comments
will be received from National Marine Fisheries Service (NMFS) and United States Fish and
Wildlife Service ( USFWS) regarding the preparation of the federal biological opinion (BO).
This scope /fee does not include responding to, meeting with or addressing comments received
from NMFS and USFWS other than those described above.
SCHEDULE
The above scope is based on an estimated twelve (12) month schedule of participation. The
work assignment may be amended if the schedule is extended beyond the eighteen months.
PBS &J will complete weekly updates to County staff on the schedule, task and present budget
of the project. In addition, quarterly progress reports will be prepared that outline project
expenses to date and review the budget and schedule.
BUDGET
In accordance with Collier County Contract Number 07 -4153 "Professional Engineering
Services for Coastal Zone Management Projects" compensation for the above scope of work
will be based on a Time & Materials charge not to exceed the amount listed below without
authorization from the County.
Task 3.1 Permit Application: Additional Funding Request, $69,050 (Time & Materials)
Task 3.1 Original Amount: $21,440 (Lump Sum)
Task 3.1 New Total $90,490
June 4,2010
Jeffrey R. Tabar Date
ProJecuDirector
PBS &,I
PBSM 3
Agenda Item No. 16D5
,iuly 27. 2010
Contract 07 -4153 June 4, 2010 SCOPE -OF -WORK Page 6 of 8
FIM ATTACHNIENT B- St,.Bietltent at4' Work i Bu(12eI Fstirrtal,l
Chen Collier County
Project: Clam Pass JCP
Project No: TBD
Charge Type: T & M
Prepared By: JRT
Labor rates will be billed at or below rates established per the agreement nwnber contract # 07 -4153
Note: time may vary depending upon the task assipment and labor rate assigned
Labor Costs
i 11 �rJl�y�liliii��a10' i,ti r{
Task 3.1
LAw
Cost
lit It��N �
ilgi4�11q�ili�y
Task No. 3
j*ylt�I��jlsNli
LU
�l IM
il�t t.�,y�'�'�,
Permit
Application
Total
Hnurs
Sr. Project Manager (JT)
$170.(X1
511
50
$8.500
Principle Ecologist (DT)
$1hoM
>t1
50
$&000
Engineer III (BF)
$115.(X)
1
130
$14950
Coastal Modeler (TD)
$1 Io.tXl
LU
120
$13,200
Junior Hydrogeologist(MS)
$1(9)On
130
130
$13.000
Senior Technician (NW)
595.1()
1:'U
120
$11.4(X)
Total Hours
.I, 1 ! � ',;,
ti � I ,�
600
Labor Cost
$69.050
$69.050
Total Pmject Budget 1 $69,050 1 ','.. $69.050
PBSM 4
i 11 �rJl�y�liliii��a10' i,ti r{
Reimbursable
�
Reimbursable Costs
Task No. 3
Costs
„,�ij'���I�a�I�tdVh�'�t'�E!
1 1. +'ilitll yd'I
Sub - Contractors
$0
)���:�
Total Reimbursables
To !
$0
Total Pmject Budget 1 $69,050 1 ','.. $69.050
PBSM 4
— AA enda Iiem No 16D5
Lily 27. 2010
Page 7 of 8
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Clam n.., nvnassind PROJECT M 195.90028.1 PROJECT MANAGER: 2111 IRMP n
PROJECT NAME: _�--
BIDIRFP e: qjAig MODS:3 POIWOe: 45-1002L7
Original Contract Amount
$ 25,06000
(Starting Point)
Current BCC APProved Amount
1 (Lest Total Amoum Approved by me BCC)
current Contract Amount:
$ 1 5.700.00
(Including All Changes Prior 7o Thw Modification)
Change Amount
i
Revised Contmot/work Order Amount:
S (Imduda 9 This Change Omer)
Cumulative Dollar Value of Changes to
9 169 680 00
this Con reatANork Order:
Data of Last BCC Approval n/a
Agenda Item R Na
Percentage of the change overlunder current contract amount 677.12%
Formula: (Revised Amount f Last BCC approved amount)-'
CURRENT COMPLETION DATE (S): ORIGINAL:
r./+an010 CURRENT: iV15(201D
This change order will: ®]t•crea56Task 7.1 for 169.060 ❑
inorsau Task Number by f
Describe h n s Th s win rid Task 3 f Clam Pass Aoolicatlieo�n for Joint Coastal Ferro for 569.050. �pc re4se-
Specify the masons for the change(s) C7 1• Plannor Ele or Scope 2. of Unforeseen
�n Conditions
Value ons 3, Quantity
Ar�djustments C 4. Correction of Errors (Plans, Specifications
t.r 6. Schedule Adjustments FDEP request for additional information in the permitting phase of this project
Note: One or mom may be checked, depending on the nature of the changs(s). -
Identify all negative impacts to the project if this : change order uroie of
This change was requested by: rlContractorlConsuhant X Owner CI Using Department G CDES
Agency (Specify) f -Other (Specify)
CDesign Professional Regulatory g Y ( P fY)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: f- Yes XNO
This forth is to be signed and dated. 1 -7 /?- WCO
APPROVED BY:
�-,SIXt sari /UI 4'0"T 2 Date.
G MrAlpi , CZM Drector
REVIEWED BY: Date:
,
L n od, Contract Specialist
Revised 6 18 09
Agenda item No 15D5
July 27, 2010
Page 8 of 8
CHANGE ORDER #3 TO WORKORDER 45- 100227
TO: PBS &J FROM: Coastal Zone Management
5300 W. Cypress Street 3301 East Tamiami Trail
Suite 200 Suite 103
Tamp, Florida 33607 Naples, Florida 34112
Clam Bay 195- 90028.1
May 18, 2010
Change Order No.: 3
Change Order Description:
Work Order No.: 45- 100227
Mav 18.2010
This change order will add the following Tasks and amounts to the original Work Order:
New Task 3.1 Clam Pass Application for Joint Coastal Permit $10,000.00.
Original agreement amount ................................. ..............................$ 25,060.00
Sum of Change Order No. 1 ..................:........ .....................$ 90,640.00
Sum of Change Order No. 2 ................................ ..............................$ 10,000.00
This Change Order No. 3 Amount (add) ............. ..............................$ 69,050.00
Revised Agreement Amount .......... ............................... ....................$194,750.00
Original contract time in calendar days .............. ............................730 days
Adjusted number of calendar days due to previous change orders ......... 180 days
This change order adjusted time is ...................... ..............................0 days
Revised Contract Time in working days ........... ..............................0 days
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in said
Agreement indicated above, as fully as if the same were repeated in this acceptance. The
adjustment, to this Agreement shall constitute a full and final settlement of any and all claims
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Approved by:
Gary McAlpin, CZM Director
Coastal Zone Management
Accepted by:
Jeffrey'T,abar, P.E., Project Director
PBS'RJ'
Date:
Date: 7/8/10