CN-370000-CN335-T5CO3.pdf

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Master Agreement FL|CN335|2c1b2088710d235280c0ee773ee9f309
Contract number
CN335
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Florida

About this file

This is a Task Assignment Change Order No. 3 for Florida Department of Environmental Protection (FDEP) Contract No. CN335, Task Assignment No. 5, involving the Oak Shore Drive Fishing Pier project located in Earl Gilbert Park, City of Parker, Bay County, Florida. The contract involves the FDEP, Taylor Engineering, Inc. (consultant), the U.S. Army Corps of Engineers (USACE), and the U.S. Environmental Protection Agency (EPA). The project is funded through the Deepwater Horizon Natural Resource Damage Assessment (NRDA) Phase III initiative.

Change Order No. 3 removes Subtask 5.2 (Sovereign Submerged Land Lease Modification and Recording), which was determined unnecessary following regulatory discussions with FDEP staff, resulting in a deduction of $2,343.66. The change order simultaneously adds Subtask 5.4 (Seagrass Survey Verification) at a fixed fee cost of $3,468.15, required by EPA as a special condition due to the time elapsed between the original 2018 seagrass survey and permit application submission in 2020, delays caused by Hurricane Michael. The net increase to the task assignment is $1,124.49, bringing the total task amount from $195,386.69 to $196,511.18. The consultant shall complete the seagrass survey verification deliverable within thirty days of receiving written notice to proceed, with findings presented in a brief memorandum. The task end date remains July 14, 2021, and all approvals were executed in July 2020.

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Florida Department of Environmental Protection

TASK ASSIGNMENT CHANGE ORDER FORM

(Revised 9-26-2018) Page 1 of 1

Required Signatures: Adobe Signature

FDEP Contract No.: Task Assignment No.: Change Order No.: Project No.:

Project Location: Project Name:

Consultant Name:

Consultant Representative: Phone: Email:

FDEP Contract Manager: Phone: Email:

Description and Justification of Change:

Change in Task Amount:

Item Reimbursement Fixed Fee Total

Original Task Amount:

Task amount including all previous Change Orders:

Net increase/decrease in task amount for this Change Order:

Total Amounts with all Change Orders:

Change in Task Time:

Original Task Execution Date:

Original Task End Date:

Present Task End Date:

Net Change in Days:

New Task End Date:

Approval Signatures:

Budget Representative, FDEP Signature Date

Project Manager, FDEP Signature Date

Contract Manager, FDEP Signature Date

Consultant Signature Date

Contract Authority, FDEP Signature Date

Project # Grant # Org Code Cat/Year Fund Module Object Code EO Amount

29 Digit FLAIR Code: Total:

CN335 5 3 N2903

Earl Gilbert Park in City of Parker, Bay County, FL Oak Shore Drive Fishing Pier

Taylor Engineering, Inc.

Duncan Greer, P.E. 850-460-7040 DGreer@taylorengineering.com

Phillip Stone 850-245-2570 Phillip.Stone@FloridaDEP.gov

Change Order No. 3 removes Subtask 5.2, Sovereign Submerged Land Lease Modification and Recording and adds Subtask 5.4 Seagrass Survey Verification. Please see attached memo for full justification.

$ 11,293.53 $ 11,293.53 $ 195,386.69 $ 195,386.69 $ 1,124.49 $ 1,124.49

$ 0.00 $ 196,511.18 $ 196,511.18

September 19, 2018

July 14, 2021

July 14, 2021

Jennifer Vickers Jennifer Vickers Digitally signed by Jennifer Vickers Date: 2020.07.24 15:24:44 -04'00'

Pearce Barrett, P.E. Pearce Barrett Digitally signed by Pearce Barrett Date: 2020.07.23 09:25:40 -04'00'

Philip T. Stone P.T. Stone Digitally signed by P.T. Stone Date: 2020.07.24 15:02:34 -04'00' 7/24/2020

Christopher Ellis Christopher B. Ellis Digitally signed by Christopher B.

Ellis Date: 2020.07.24 08:26:12 -04'00'

Trina Vielhauer Trina Vielhauer Digitally signed by Trina Vielhauer Date: 2020.07.27 11:27:57 -04'00'

N2903 NRD03 37220500000 083654/12 099005 NRDR 139900 FJ $ 1,124.49

$ 1,124.4937202099005372201000008365412

FLORIDA DEPARTMENT OF

Environmental Protection

Marjory Stoneman Douglas Building

3900 Commonwealth Boulevard Tallahassee, FL 32399

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Noah Valenstein Secretary

Memorandum

TO: Phillip Stone Through: Phil Coram P.E.

FROM: Pearce Barrett P.E.

SUBJECT: Oakshore Drive Fishing Pier Project, DEP Contract No. CN335 TA5 Change Order No. 3 as part of DWH NRDA Phase III Project DATE: July 20, 2020

Change Order No. 3 (CO3) eliminates the requirement for Subtask 5.2 Sovereign Submerged land Lease Modification and Recording. This requirement was determined as not being needed after discussions with DEP regulatory staff. The deduction realized after eliminating this subtask is ($2,343.66).

Additionally, CO3 adds Subtask 5.4, Seagrass Survey Verification. This is being required as a special condition by EPA from their review of the USACE permit application due to the length of time between the date of the original seagrass survey and when the permit application was submitted. This delay was caused by the effects of Hurricane Michael and the restrictions imposed in its aftermath. CO3 will be completed within three (3) weeks of being given the notice to proceed at a fixed fee cost of $3,468.15.

Change Order No. 3 increases the total amount of the Task Assignment from $195,386.69 to $196,511.18. The present task end date of July 14, 2021 remains the same.

Task Assignment No. 5 provides professional services for the design, permitting and services during bidding of the Oakshore Fishing Pier Project.

From: Van Der Wiele, Cynthia To: Lovvorn, Lisa S CIV USARMY CESAJ (USA) Subject: [Non-DoD Source] RE: SAJ-2020-01670(SP-LSL), City of Parker Fishing Pier, Bay County (UNCLASSIFIED) Date: Monday, June 15, 2020 3:53:57 PM

Good afternoon, Lisa:

On behalf of the US EPA, I have reviewed the above-referenced Public Notice. The applicant notes that a benthic survey was performed in 2018 and that in 2019, the area experienced major hurricane damage. However, it is recognized that SAV surveys should be performed annually as coverage can vary from year to year. The US EPA would request a survey be performed between June 1st and September 30th as recommended in the literature to verify that the site design is in fact the least damaging practicable alternative. Secondly, as a public facility, there is potential for secondary impacts to SAVs unless the city takes proactive measures to protect these resources.

Best regards, Cynthia

Cynthia F. Van Der Wiele, Ph.D.

Wetlands and Streams Regulatory Section U.S. Environmental Protection Agency, Region 4 61 Forsyth Street SW Atlanta, GA 30303 E-mail: vanderwiele.cynthia@epa.gov

TELEWORKING CELL NUMBER: 919.294.4492

-----Original Message----- From: owner-ls-florida-publicnotice@lst.usace.army.mil <owner-ls-florida-publicnotice@lst.usace.army.mil> On Behalf Of Lovvorn, Lisa S CIV USARMY CESAJ (USA) Sent: Monday, June 8, 2020 12:36 PM To: ls-florida-publicnotice@lst.usace.army.mil Subject: USACE.Notice..Location: Bay County (UNCLASSIFIED)

A public notice for the permit application described below has been posted at Blockedhttps://gcc01.safelinks.protection.outlook.com/?

url=http%3A%2F%2Fwww.saj.usace.army.mil%2FMissions%2FRegulatory%2FPublicNotices.aspx&amp;data=02%7C01%7CVanDerWiele.Cynthia%40epa.gov%7C92757e3f4e884617df0808d80bca39ac%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637272310470090216&amp;sdata=SgLC40WgI4OX2M5DrZio8YTIsMiCx6D5tNZFKLg5O6I%3D&amp;reserved=0

CLASSIFICATION: UNCLASSIFIED

PROJECT NAME: Parker, City of/Fishing Pier

COUNTY: Bay

COMMENT DUE DATE: July 8, 2020

FILE NAME: SAJ-2020-01670(SP-LSL)

WATERWAY AND LOCATION: The project would affect waters of the United States associated with East Bay of St. Andrew Bay. The project site is located at 6603 Oakshore Drive, Parker, Bay County, Florida.

PROPOSED WORK: The applicant seeks authorization to construct a fixed concrete and timber public fishing pier offshore of Parker's Earl Gilbert Park in East Bay of St. Andrew Bay. The project consists solely of construction of a fixed concrete fishing pier and ancillary timber stairs, designed for ease of recreational access and resiliency to storm damage. The American Disabilities Act (ADA) accessible pier incorporates a concrete sub- and superstructure (piles, pile caps, and deck spans) with timber railing components and shore access stairs. The pier originates from the southeastern end of the parking area and extends seaward through an identified shallow area of least potential impact to submerged aquatic vegetation (SAV). Once offshore of potential SAV habitat, the pier width increases from 8' to 12' to accommodate increased fishing as depths increase above 6'. At the pier terminus, a 30' x 33' end section provides additional area to accommodate families/groups fish ing and wildlife viewing in the deepest section. The total square footage of the structure would be 5,734. Turbidity curtains would be utilized. The project is being funded by the Deepwater Horizon - Natural Resource Damage Assessment (NRDA).

CLASSIFICATION: UNCLASSIFIED

--- If you no longer wish to receive these emails, please send an email to mailto:SAJ-RD-Webmaster@usace.army.mil --- If you have comments regarding the permit application described above, please do not reply to this email. Your response should be provided to the project manager as described in the text of the notice.

mailto:VanDerWiele.Cynthia@epa.gov mailto:Lisa.S.Lovvorn@usace.army.mil mailto:SAJ-RD-Webmaster@usace.army.mil

DEP Agreement No. CN335, Task Assignment No. 5, Change Order No. 3, Page 1 of 4

OAK SHORE DRIVE FISHING PIER

DEP Agreement No. CN335

Task Assignment No. 5

Revised Scope of Services

Change Order No. 3

Assumptions (Updated per Change Order No. 3)

The Consultant has made several assumptions in developing this scope of services and associated fees for the Project.

The assumptions affect the proposed level of effort and associated costs. If any of the assumptions should prove incorrect, the Consultant will submit a proposal to modify its scope of services and fees accordingly.

The project does not include shoreline armoring or treatment, stormwater components, or any improvements to existing infrastructure.

Lighting components will be limited to curb or rail mounting light and navigational aids.

The project design will closely follow the conceptual design developed under separate authorization. This conceptual design is concurrent with previous (NRDA) regulatory consultations.

The project will avoid wetland and submersed resource impacts or create only temporary impacts that do not require mitigation.

The project will not require an updated natural resource survey (completed in September 2018)

The lead state and federal agencies will not require wetland or natural resource verification visits following

Hurricane Michael.

Based on initial regulatory consultations (May 2018), the State of Florida (DEP) requires authorization of an

Individual Permit and the Department of Army requires authorization of a Standard Permit. The City of Parker will conduct any necessary local permitting (e.g., local building permits, etc.).

The CONSULTANT will pay all permit fees and submit to DEP for reimbursement.

The DEP and City of Parker will be co‐applicants. Consultant will serve as the Engineer of Record and Agent for the permit applications.

Consultant does not guarantee, warranty, or otherwise ensure that the agencies will authorize the permits requested.

Tasks and Deliverables

Subtask 5.2 Sovereign Submerged Land Lease Modification and Recording (Removed per Change Order No. 3)

Subtask has been removed as a requirement of the project per subsequent meetings and discussions with DEP

Regulatory Programs.

Fixed Price Cost Subtask 5.2: Funding in the amount of $2,343.66 for this subtask has been moved to Subtask 5.4.

Subtask 5.4 Seagrass Survey Verification (Added per Change Order No. 3)

Description: In September 2018, the Consultant completed a field survey to map and characterize submerged resources to support the preliminary design and permitting phase of the project. The survey identified a “least impact corridor” containing very low‐density seagrass resources through which the proposed pier could cross to reach deeper water while avoiding and minimizing seagrass impact. Following delays due to Hurricane Michael (October 2018), permit

DEP Agreement No. CN335, Task Assignment No. 5, Change Order No. 3, Page 2 of 4 applications were submitted in early 2020. During the permitting process, EPA requested an updated seagrass survey be performed. Correspondence with USACE regulators indicates a verification of previous survey will fulfill the EPA request.

Under this task, the Consultant will complete a limited survey to verify seagrass habitat conditions within the proposed pier corridor and the previously identified “least impact corridor.” The survey will include the area where the proposed pier crosses the previously mapped seagrass habitat and a surrounding 30‐foot buffer. The survey will employ qualitative and quantitative methods accepted by state and federal regulatory and resource agencies. The Consultant will collect detailed mapping information within the survey area using global positioning system equipment providing sub‐foot horizontal accuracy. The Consultant will present findings in a brief memorandum including a figure of the observed area.

Deliverables Subtask 5.4: The Consultant shall provide a brief memorandum in electronic format (.pdf) summarizing the survey findings.

Schedule Subtask 5.4: The Consultant shall provide the deliverable within 30 days of the DEP written notice to proceed.

Fixed Price Cost Subtask 5.4: $3,468.15

Performance Measures Subtasks 5.4: The DEP Project Manager shall review the deliverables listed above to verify that all required elements are included and to ensure satisfactory completion of services rendered. The DEP Project Manager shall notify the Consultant of any deficiencies in the deliverable(s) and shall give the Consultant reasonable opportunity to correct noted deficiencies and provide a revised deliverable(s).

TOTAL TASK ASSIGNMENT COST: $196,511.18 (an increase of $1,124.49)

Fee Summary

Fee Summary

Subtask 1 ‐ Natural Resource Survey and Coordination Meeting $11,293.53

Subtask 2 ‐ Post‐Storm Site Assessment $7,340.02

Subtask 3 ‐ Data Collection $33,923.16

Subtask 4.1 ‐ Kick‐Off Meeting $3,154.48

Subtask 4.2 ‐ Coastal Conditions Analyses (CCA) $9,267.10

Subtask 4.3 ‐ Preliminary Engineering Design $21,596.58

Subtask 5.1 ‐ Permit Application and Supporting Documentation Preparation $12,543.84

Subtask 5.2 ‐ Sovereign Submerged Land Lease Modification and Recording (Removed per CO No. 3) $0.00

Subtask 5.3 ‐ RAI Response and Regulatory Coordination $6,578.82

Subtask 5.4 ‐ Seagrass Survey Verification (Added per CO No. 3) $3,468.15 Subtask 6.1 ‐ Structural Engineering Design (90%‐Complete) $62,669.84

Subtask 6.2 ‐ Final Construction Drawings and Technical Specifications (100%‐Complete) $15,143.88

Subtask 7 ‐ Bid Administration Assistance $9,531.78

TOTAL $196,511.18

DEP Agreement No. CN335, Task Assignment No. 5, Change Order No. 3, Page 3 of 4

Project Schedule

Project Schedule

Subtask 1 ‐ Natural Resource Survey and Coordination Meeting

Assuming the Task Assignment is authorized by September 17, 2018, the natural resource survey shall occur prior to September 30, 2018 in accordance with NMFS guidelines. If schedule requirements necessitate, the Consultant may request and secure written approval from regulatory agencies to conduct surveys into early October; however, such approval is not guaranteed. The draft natural resource survey report will be provided to the DEP Project Manager within four (4) weeks from the date of the survey(s) (Subtasks 1.1.1‐1.1.2). The Consultant shall schedule the coordination meeting within two (2) weeks of completion of the natural resource survey and provide draft meeting agenda before the meeting and attendance log and meeting minutes within one (1) week of the meeting date. Final task deliverables will be provided to the DEP Project Manager within one (1) week following receipt of DEP comments.

Subtask 2.1 ‐ Post‐Storm Site Assessment The subconsultant will conduct the site assessment within three weeks of authorization (excluding the period between December 24, 2018 – January 1, 2019).

Subtask 2.2 ‐ Post‐Storm Site Assessment Memorandum

The draft Post‐Storm Assessment Memorandum will be provided to the DEP Project Manager within three (3) weeks from the date of the field observations (Subtask 2.1).

Subtask 2.3 ‐ Coordination Meeting and Final Memorandum

Final task deliverables will be provided to the DEP Project Manager within one (1) week following culmination of the coordination meeting and receipt of DEP comments.

Subtask 3.1 ‐ Topographic, Bathymetric, and Boundary Survey

The boundary and field survey shall be completed within six weeks following the Notification to Proceed from the DEP Project Manager following completion of Task 2. Final deliverables shall be provided within 30 days of survey data collection.

Subtask 3.2 ‐ Geotechnical Data Collection

The geotechnical field investigations shall be completed within six weeks following the completion of Task 2 and upon written authorization from the DEP Project Manager. Notably, wind, wave, and current conditions may affect the proposed schedule for offshore geotechnical data collection. Final deliverables shall be provided within approximately 30 days of geotechnical data collection.

Subtask 4.1 ‐ Kick‐Off Meeting

The Consultant shall coordinate with the DEP project manager and schedule the Kick‐Off Meeting within approximately three (3) weeks of authorization. The Consultant shall provide the deliverable(s) within one

(1) week of the meeting.

Subtask 4.2 ‐ Coastal Conditions Analyses

(CCA)

The Consultant shall provide the deliverable within four (4) weeks of authorization.

Subtask 4.3 ‐ Preliminary Engineering Design

The Consultant shall provide the deliverable within six (6) weeks of completion of Subtask 4.2 including receipt of written DEP recommendation for design storm condition (e.g., 50‐yr storm event).

Subtask 5.1 ‐ Permit Application and Supporting Documentation Preparation

The Consultant shall provide completed DEP and USACE permit applications within four (4) weeks of acceptance of the preliminary design (i.e., 60%‐complete, permit) drawings (Subtask 4.3).

DEP Agreement No. CN335, Task Assignment No. 5, Change Order No. 3, Page 4 of 4

Project Schedule

Subtask 5.2 ‐ Sovereign Submerged Land Lease Modification and Recording (Removed per CO #3)

N/A

Subtask 5.3 ‐ RAI Response and Regulatory Coordination

The Consultant shall provide the deliverable within six (6) weeks of completion of Subtask 4.2 including receipt of written DEP recommendation for design condition (e.g., 50‐yr storm event).

Subtask 5.4 – Seagrass Survey Verification The Consultant shall provide the deliverable within three (3) weeks of authorization of Change Order 3.

Subtask 6.1 ‐ Structural Engineering Design (90%‐Complete)

The Consultant shall provide the 90% design deliverable within eight (8) weeks of receiving DEP and USACE regulatory authorizations.

Subtask 6.2 ‐ Final Construction Drawings and Technical Specifications (100%‐ Complete)

The Consultant shall provide the 100% design deliverable within four (4) weeks of receiving written comments on the 90% set provided by the DEP Project Manager.

Subtask 7 ‐ Bid Administration Assistance

1) Summary of Work and estimated quantities will be delivered to the DEP Project Manager with the Final Construction Documents (Subtask 7);

2) Attendance log and minutes from pre‐bid meeting will be delivered to the DEP Project Manager within three (3) business days of the pre‐bid meeting;

3) Within three (3) business days of the pre‐bid meeting, the Consultant will submit to the DEP Project Manager any comments and questions posed by attendees during the mandatory site visit and any responses by the Consultant to comments and questions along with the name of attendee posing the question or comment and company they represent;

4) The schedule for Consultant’s support (responses to bidders’ questions, RFIs and clarification and interpretation of technical documents prepared by the Consultant during the bid process) will commence upon issuance of the advertisement for bids on the VBS and will continue through the DEP award of a construction contract.

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