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CAC Agenda 09/09/2010 R MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, SEPTEMBER 9, 2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) Sun~hine Law on Agenda Questions PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. August 12, 2010 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin 2. Project C9st Report - Gary McAIDin 3. FEMA Reimbursement - UDdate 4. Vanderbilt Beach Bathroom Status s. Clam Bay Subcommittee Progress - Update - Tidal Flushing Dredging - Navigational Markers - Modeling Discussion - Foundation Meeting 6. Wiggins Pass Subcommittee - Update - Old Dredge Template - New Navigational Channel 7. Emergency Renourishment - Update - Doctors Pass/Seagate Access 8. Hideaway Beach - Update VIII. New Business 1. Analvsis Business Needs verses Funds Available 2. Anticipated RFP Fall 2010 - Balance of Emergency Renourishment - Old Template Dredging Wiggins Pass - Rebuild Doctors Pass Jetty 3. Summary of Preliminary Findings on Sediment Studies IX. Old Business 1. Peer Review Discussion/Direction X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location October 14, 2010 - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Anthony P. Pires, Jr., Esq., Chairman Coastal Advisory Committee Clam Bay Subcommittee Colleen M. Greene, Assistant County Attornee.0 March 18,2010 FROM: DATE: RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary, the answer is no. The Sunshine Law Manual (2009 Ed. VoL 31) provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting;. if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus, the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014, 1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February 1, 2010. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17,2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March 11, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin, Director, Coastal Zone Management CAC September 9,2010 VI-1 Approval of Minutes 1 of 11 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, August 12,2010 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN: John Sorey, III (via telephone) Anthony Pires John Arceri Jim Burke Murray Hendel Robert Raymond Joseph A. Moreland (Excused) Victor Rios Wayne Waldack ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Jeff Wright, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Jack Wert, Tourism Director CAC September 9,2010 VI-1 Approval of Minutes 2 of 11 I. Call to Order Mr. Pires called the meeting to order at 1 :02 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Mr. Waldack moved to allow Chairman Sorey to participate in the meeting via teleconference. Second by Mr. Rios. Carried unanimously 7-0. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda subject to the following additions to item VII: 3. Update - Proposed Vanderbilt Beach Restrooms 4. Update - Doctors Pass Emergency Beach Re-nourishment 5. Update - FEMA Fund Requests 6. Update - Oil Spill 7. Update - Hideaway Beach Re-nourishment. 8. Update - Clam Bay Dredging Permit application 9. Update - Status on Staff investigation on ramifications of non-dredging of Clam Pass. Second by Mr. Hendel. Carried unanimously 7-0. Mr. Pires requested Staff include the following standing items on the Agenda for monthly updates: Clam Bay Estuary System, Doctors Pass and Park Shore re- nourishment projects. V. Public Comments None VI. Approval of CAC Minutes 1. April 29, 2010 Mr. Arceri moved to approve the minutes of the April 29, 2010 meeting subject to the following change: Page3, paragraph 4, line 3 from"... public purposes" to ".. .primarily public purposes" Second by Mr. Raymond. Carried unanimously 7-0. 2. June 10,2010. Mr. Rios moved to approve the minutes of the June 12, 2010 meeting. Second by Mr. Raymond. Carried unanimously 7-0. Mr. Burke arrived at 1: 12 pm CAC September 9, 2010 VI-1 Approval of Minutes 3 of 11 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009 - 2010" updated through July, 2010. a. TDC Revenue Analysis The Committee reviewed the documents "TDC Revenue Analysis" updated through July 2010 and "TDC Category "A "-183 Fund Projections" dated August 12,2010. Mr. Hendel recommended these documents be provided to the Committee on a monthly basis. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/2010 TDC Category "A: Beach Maintenance Projects" updated through August 5, 2010. Sneaker Marcia Cravens, Mangrove Action Group expressed concern on the use of funds for the proposed Vanderbilt Restrooms and Clam Pass Facilities. The expenditures are excessive, not an optimal use ofTDC funds and the County should reconsider. In addition, the size of the Vanderbilt Beach facility should be re-examined as it may create negative environmental impacts. 3. Update - Proposed Vanderbilt Beach Restrooms Gary McAlpin noted the Board of County Commissioners authorized expenditures for the final design, permitting and engineering for the project. Upon completion of the final designs and engineering, the proposal will be returned to the Pelican Bay Foundation, Tourist Development Council and Board of County Commissioners and any other necessary parties for final approvaL 4. Update - Doctors Pass Emergency Beach Re-nourishment Gary McAlpin noted the Emergency renourishment, for stabilization of the area in proximity to structures has been completed by local contractors utilizing a local sand source from Immokalee. An "after the fact" permit was obtained through FDEP while the County awaits approval of the formal permit. The Park Shore area is accreting sand and will be reconsidered for re-nourishment upon receipt of the formal permit. Mr. Hendel noted he is opposed to expending any funds for beach re- nourishment in the Park Shore area at this time. Discussion occurred on costs, such as should the Park Shore be removed from the scope of the formal permit application? Gary McAlpin recommended the Park Shore area continue to remain in the scope of the permit as there has been expenditures already and the process is ongoing. Staff continues to address the concept of acquiring public easements on private properties when County beach re-nourishment funds are expended on the areas. CAC September 9.2010 VI-1 Approval of Minutes 4 of 11 5. Update - FEMA Fund Requests Gary McAlpin noted there are 3 applications proposed for reimbursement funding due to County beach expenditures over the past 10 years: . Hurricanes Katrina and Wilma - The requests have been approved in the amount of $1 M. The funding has been approved and the County is "in the queue" for reimbursement of funds. . Tropical Storm Gabrielle - Staff is addressing questions posed by the Region IV FEMA offices in Atlanta. . Tropical Storm Fav - The County has been reappropriated funds in the amount of $12M. . To date no funds have been formally received. 6. Update - Oil Spill Gary McAlpin noted there is minimal impact expected from the spilL Any impacts may be in the form of tar balls/patties. There have been no beach damage claims filed by Coastal Zone Management with BP at this time. Discussion occurred on the impacts of the oil spill on local tourism. Any questions should be directed to Jack Wert, Director of Tourism. 7. Update - Hideaway Beach Renourishment. Gary McAlpin noted the dredging is in process and anticipated to occur "around the clock" for 30 days. In addition to renourishment, T-groins will be installed. Volunteers are night monitoring any impacts on Sea Turtle nesting. 8. Update - Clam Bay Dredging Permit application Gary McAlpin noted Staff continues to address questions posed by the FDEP and the public. 9. Update - Status on Staff investigation on ramifications of non-dredging of Clam Pass. Gary McAlpin noted a review of the dredging history of the Pass indicates a dredging Cycle of approximately 4-5 years. The last dredge was conducted in April 2007 with an anticipated dredge in April 2012. The modeling study to be conducted on the area will aid in refining the dredge Cycle. A permit for dredging in the event of an "emergency," will require the Governor declaring a "State of Florida Emergency." If this occurs, all the parties involved (County, Pelican Bay Foundation, Pelican Bay Services Division, etc.) will need to cooperate to ensure FDEP will issue an "emergency permit" as quickly as possible. The Committee recommended, in anticipation of a possible emergency, Staff address the "emergency permit request" concept with any necessary parties. Mr. Pires noted the Clam Bay Subcommittee has directed Staff to obtain a letter from the FDEP on the historic approvals of the dredging template for Clam Pass (depth and length of cut in the Pass.) CAC September 9,2010 VI-1 Approval of Minutes 5 of 11 VIII. New Business 1. Use of Fund 183 - Beach Park Facilities Monies for Emergency Advertising Gary McAlpin submitted the Executive Summary "Consideration to Redirect Beach Park Facility Funds as outlined below" dated August 12,2010. Gary McAlpin noted the Board of County Commissioners has requested the Committee provide a recommendation on the concept of re-directing a portion of Beach Park Facility funds ($1 M from Fund 183) to tourism marketing. Chairman Sorey noted the County needs to pursue a year-round marketing campaign. It will require an additional, consistent revenue stream and he recommended consideration be given to raising the Tourist Tax .5 - 1.0 percent. Mr. Hendel noted last year, the Board of County Commissioners, following a recommendation by the TDC approved redirection of $1 M for FY 10 and FY 11 ($2M total) from Beach Renourishment funds to year-round advertising campaigns. It has since been determined that Fund 183, Beach Park Facilities, is available for re-direction. At the July 2010 TDC meeting, the Council recommended the BCC approve a redirection of $1 M from Fund 183 to a year around advertising campaign for FY 11 (in lieu ofthe previously approved re- direction of the beach re-nourishment funds.) a. TDC Marketing Presentation - Jack Wert The Committee viewed a Slideshow "Tourism Promotional Assistance Discussion" dated August 12,2010. He noted: . Tourist Tax revenue statistics are not yet available for July and August which would assist in determining the impacts of the oil spill on tourism in the region. . Visitors to the area, occupancy and tax collections are greater than the prevIous year. . The decline in the Average Daily Rate (ADR) for accomodations directly affects the amount of taxes collected (ADR is currently an average of $1 29/room as opposed to $140 - $150 in previous years.) . The region needs to advertise year-round to maintain market share. . Statistics indicate a return on investment of $20.65 dollars for each dollar expended on marketing during last year's campaign. . The re-direction of funds approved last year allowed the County to advertise in new markets, advertise which during the peak season, and complete web site enhancements, all lead to increases in occupancy and visitors to the area. . The competitive sets of destinations did not increase expenditures in advertising and did not have significant increases in occupancy and visitation. These statistics are available through the "Smith Travel Report" and will be provided to the CAC members. . Are-direction of$IM from Fund 183 will allow Staff to continue a similar advertising campaign for FY 11. CAC September 9,2010 VI-1 Approval of Minutes 6 of 11 . The increase in visitation continues to provide for the replacement of a portion ofthe funds (approximately 50%) which were re-directed to advertising from the other sources (beach renourishment funds.) . The FY 10 advertising budget including all sources of funds was $4.2M. $5M would be optimal to market the destination year-round. Currently the FY 11 budget is proposed at $2M. Mr. Waldack noted the City of Marco Island receives approximately $14M in ad valorem tax revenue annually from the County while generating $28M in tax revenue to the County. He recommended a greater amount of the taxes from the City be allocated to advertising and promotion of the area. Jack Wert noted advertising campaigns strive to ensure the mention of Marco Island. He does not control the ad valorem tax expenditures. Mr. Burke noted it would be optimal for a permanent funding source as opposed to annual re-directions of funds and requested clarification on the source of possible revenues. Jack Wert noted the County is re-examining the allocations ofthe Tourist Tax funding accounts. Consideration could be given to increasing the Tourist Tax by .5% - 1%. Mr. Rios asked if the Department is investigating the re-direction of funds within Mr. Wert's Department as opposed to increasing taxation or redirecting funds from outside sources to fund the campaign. Mr. Hendel noted this is a new campaign, as previously the concept was to advertise in the summer season only. A new source of revenue would be required (as opposed to a redirection within the Department.) Mr. Raymond noted the County should ensure all possible tax revenue is being collected on single family, short term rentals. In addition, the Everglades should be a focus of promotions for European tourists. Mr. Pires asked if based on the current economy and reduction of consultant rates, has the Department pursued renegotiating existing contracts with the marketing firms? Jack Wert noted the existing consultants (Paradise Advertising) contract has not changed in 5 years. The Department is cognizant of a limited budget and continues to make shifts in advertising mediums such as co-op advertising, web- site enhancements which has enabled the Department to "do more with less." He is available to meet individually with any member to review the budget. Mr. Arceri questioned the position of the hotel industry on raising tourist tax rates. Jack Wert noted there are 3 hotels active in the Group Sales Market who raise approximately 50% of the Tourist Tax revenue. They are opposed to an increase in the tax as they are concerned it will have a dramatic negative impact on this CAC September 9.2010 VI-1 Approval of Minutes 7 of 11 area of business. The increase would have a more minimal effect on the leisure hotels. Mr. Pires asked how much of additional revenue in gas tax, etc., was provided to the County to date in FY 10. Jack Wert noted, the County has received an increase of$860,000 due to the increased advertising campaign. Gary McAlpin noted Staff recommends a one time re-allocation of $1 M from Fund 183 to advertising. The re-direction of funds will not have a negative impact on proposed projects. He expressed concern on the concept of annual requests for re-direction of beach funds, which eventually will have a negative impact on the facilities provided, which would also impact area tourism. Discussion occurred why the Executive Summary includes Objective #2 which addresses the item regarding re-allocating Museum funding and whether it is applicable to the CAC. Gary McAlpin noted the reference was from a BCC request. He will remove the Museum funding statement from the ES. He requested the Committee take action on "Recommendations # 1-4" on page 2 of the ES. Sneaker Marcia Cravens recommended the advertising campaigns not only focus on beaches, but eco tourism as tourists tend to be more interested in natural areas and the related experiences as opposed to utilizing beach structures. She recommended the money be re-directed from Fund 183 and the marketing efforts be diversified. Mr. Arceri moved to approve the following recommendations by Staff and that the Objective Section of any related Executive Summary not make any recommendations on the long term solution to the funding issue: 1. The CAC support a one time re-allocation of $1,000,000 from the Beach Park Facilities Fund 183 to tourism to support the emergency marketing effort. 2. That the CAC not support any reallocation offunds that would have a detrimental effect on any existing County program or operation. 3. That the CAC not support any permanent reallocation ofTDCfundsfrom the existing allocation. 4. That the CAe support a comprehensive long term program that provides for sufficientfunding to perform year round marketing of this destination that is consistent with other destinations that they are competing against. Second by Mr. Raymond. Motion carried 5 'yes" - 2 "no." Mr. Pires and Mr. Rios voted "no. " Break: 3:21 PM CAC September 9,2010 VI-1 Approval of Minutes 8 of 11 Reconvened: 3:26 PM Chairman Sorey left the meeting. 2. Peer Review Status and Discussion Gary McAlpin submitted the Executive Summary "Recommendationfor the CAC to recommend approval to the BCC the changes as outlined below to the Clam Bay Peer review process with the PBSD" dated August 12,2010. Included in the ES was the document "Clam Bay Estuary Peer Review Scope of Work Revision 9" and a copy of an email from Stephen Feldhaus to Pelican Bay Foundation Board Members, Subject: "A Clam Bay Update" dated July 1, 2010 for review. The ES contains the 3 following recommendations Staff is requesting approval on: 1. Recommend to the BCC that the peer review process as authorized by the BCC on 12/15/2009 be modified to include a peer review of the October 2009 PBS&J technical report and a technical collaboration ofthe modeling program with the PB Foundation. 2. Reallocate funding from what was originally approved to provide for $4,500 for the PBSD Peer review and $25,000 for the technical collaboration of the Modeling program with the PB Foundation. 3. Approve Revision 9 of the Peer Review scope of work with the PBSD. Discussion occurred on the recommendations #2 and 3. Gary McAlpin noted: . The original concept was for a Peer Review to be completed in conjunction with the Pelican Bay Services Division (PBSD) on the Water Quality Study prepared by PBS&J and related Circulation Modeling Study for Clam Bay. . The PBSD is only interested in the Peer Review of the PBS&J Water Quality Study, not the Modeling Study. . There have been 9 revisions to the Peer Review document which is yet to be approved by the PBSD. The last revision reviewed by the PBSD was Revision 8, which was rejected. . The Pelican Bay Foundation has expressed interest in establishing a working relationship with the County for reviewing the technical issues associated with the Modeling Study. . The PBF would retain there own consultants who would provide input to County consultants on the Modeling Study. . It is proposed to revise the budget for Fund III to provide a reallocation of expenditures within the budget - $4500 for the Peer Review of the PBS&J study and $25,000 for the County consultant's participation with PBF on the Modeling Study. . The original direction of the Peer Review concept would need to be revised by the Board of County Commissioners. CAC September 9, 2010 VI-1 Approval of Minutes 9 of 11 . At the August 5, 2010 Clam Bay Subcommittee meeting, the Committee approved this approach which led to generation of the documents under consideration today. . He recommends removing the reference in the "Background Section" of Revision 9 of the Peer Review document which states the Peer Review individual could be from a "national estuary program." Mr. Pires recommended the title of the document "Clam Bay Estuary Peer Review Scope of Work" be amended to read "Clam Bay Estuary Peer Review Scope of Work, October 2009 PBS&J Report." Mr. Hendel moved to approve the recommendations. Second by Mr. Rios. Mr. Pires clarified the motion includes the title of the document "Clam Bay Estuary Peer Review Scope of Work" be amended to read "Clam Bay Estuary Peer Review Scope of Work, October 2009 PBS&J Report." In addition strike the language in the "Background Section" which references the Peer Review individual could be from a "national estuary program." Speakers Marcia Cravens noted the Pelican Bay Services Division reviewed only half of the document entitled "Clam Bay Estuary Peer Review Scope of Work Revision - 8" before a vote was taken. She expressed concern that the document presented today indicates the PBSD has reviewed the entire document. She stated the proposed document with Revision #9 is not appropriate for review by the BCC, as it has not been approved by the PBSD. Tom Cravens, PBSD Board member noted the document "Clam Bay Estuary Peer Review Scope of Work - Revision 8" reviewed by the PBSD included language that the PBSD had previously rejected. The PBSD voted to reject the document. The document under consideration has not been approved by the PBSD. Gary McAlpin clarified the intent is to obtain CAC approval of the document Clam Bay Estuary Peer Review Scope of Work Revision - 9" and return it to the PBSD for their consideration. Mr. Pires clarified the motion, the vote is for approval of: 1. Recommendation #3 ("Approve Revision 9 of the Peer Review scope of work with the PBSD'~ in the Executive Summary. 2. The document beforwarded to the PBSD for their review. 3. The title of the document be amendedfrom "Clam Bay Estuary Peer Review Scope of Work" to ~~Clam Bay Estuary Peer Review Scope of Work, October 2009 PBS&J Report." 4. To strike the language in the "Background Section" which references the Peer Review individual may be from a "national estuary program. " CAC September 9, 2010 VI-1 Approval of Minutes 10 of 11 Motion carried unanimously 7 - O. Mr. Arceri moved to approve the recommendations #1 and 2 in the Executive Summary ~~Recommendationfor the CAC to recommend approval to the BCC the changes as outlined below to the Clam Bay Peer review process with the PBSD" dated August 12, 2010: 1. Recommend to the BCC that the peer review process as authorized by the BCC on 12/15/2009 be modified to include a peer review of the October 2009 PBS&J technical report and a technical collaboration of the modeling program with the PB Foundation. 2. Reallocate funding from what was originally approved to provide for $4,500 for the PBSD Peer review and $25,000 for the technical collaboration of the Modeling program with the PB Foundation. In addition, Staff explain to the BCC the direction the issue is going in relationship to the Pelican Bay Foundation. Second by Mr. Waldack. Carried unanimously 7 - O. 3. FDEP Cost Share Grant Applications Gary McAlpin submitted the Executive Summary "To share recently submitted Grant applications to FDEP for cost share funding with the State" dated August 12, 2010 for information purposes. IX. Old Business None X. Announcements None XI. Committee Member Discussion Mr. Rios requested Gary McAlpin schedule a meeting with the Marco Island Beach Advisory Committee to tour the Marco Island beaches. Mr. Pires requested: . Any proposed changes generated through the Evaluation and Appraisal Report for the Growth Management Plan which may impact the areas under the purview of the CAC be submitted to the members for their review. . Add a standing item on the Agenda for updates on the Wiggins Pass Subcommittee and the Clam Bay Subcommittee. XII. Next Meeting Date/Location September 9, 2010 - Government Center, Administration Bldg. F, 3rd Floor CAC September 9,2010 VI-1 Approval of Minutes 11 of 11 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:04 P.M. Collier County Coastal Advisory Committee Tony Pires, Vice Chairman These minutes approved by the Board/Committee on as presented or as amended 0 0 N ai'" c 3~~::g!!S!:! ~ ~t: 0 Q) 0 I ~~~~giiEi~!i t .co. ... E Q) l! M ",," N N N I'll" N N N N N .. Q)Cl:: lL ........'lI""........................... ~ -il:: .,.."........tIt...........w .. o.ca Q)- Cl)CI)~ ~~o u>~ 3 ::mi;iiiS c o 10 U) 00 CPo. 00.. .. 00.. II "C ."rJ':1~~S~!: II ~eeeeae~ > "ii " tl <I: "ii .. " :~a~~=~~gt~..!.. c ... c ... <I: enen........ ..11).....00 .; 1..,...JM!NMNo.... ... ~ ;;~,...~",.C"'!.ctutC"ot N ~ =;~:==;~~; .. ;; .. e e 0 " .... 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M M as M ... w o co ~ o V w M 0> co ..j o ... w ;;; M M l() w M o v as 0> ... w o o o .0 M ... w c> c: 'c ~ m.2 ~ (3~oll ti 8.!::.. ~O cJ M M l() o 0> l() a> ... ~ .Cij ~ >. .c .l::. 0 0.._ >. .2 't: 0 ~:E > ~-~- o ~ .15 ~ o :EM:!:::... o OCOc:M ~iniii~~~ vl()coco';' .J, "" It) ~ !:..2 ~ EocococJco ~:;;;~ ~ oll_~ U V ' l() >.... -l!:~~~.l::.~ o - 0.. l() > LUcoLU- oll~oll~ o..wo.w U U ... 0; c:i o N w w M CO ,.... r-: V ... w ,.... 0> N as l() w o CO o cD o N w III oS! c> Q. c: IVti 'C i!!: ell .9 ~~ '2 0 :;j :E 0 U co M l() 0 0> III ..J l() c( 0> ~ ... 0 ~ ..... V 01) a; .... (;) .. ~ (;) ~- .... COol ..... N ~ en 01) ,.... .n V CD ~ .... ..... M N (;) CD ~ .... en COol o ..... en ..; ~ Cl Cl 01) .n M M ..; ~ CAC September 9, 2010 VII-3 Staff Reports 1 of 4 ham bright 9 Subject: McAlpinGary Friday, August 27,20105:33 PM ochsJ ramsey-m; IsacksonMark; SummersDan; wightdebbie; 'French, Bruce'; John Korsak; Kelly R. Jones Obligation of FEMA Funds From: Sent: To: Cc: Leo, I just received notification from Bob Seibert this afternoon that $9,486,535.40 in FEMA funds have been obligated to Collier County for beach repairs as a result of Hurricanes Wilma and Katrina. Release of funds will be through FloridaPA on Monday. Payment to the County will be via electronic wire transfer within 2 weeks. These storms are 100% cost share by the federal government. We have been working on this for 5 years and it represents the incremental expenditures above the previously approved storm events. Tropical Storm Gabrielle from the 2002/3 still remains unresolved. We are seeking an additional $l1M on this storm with a 75 % cost share from the government. It will probably be another 6-9 months before this can be resolved. After these payments are received, we will need to reimburse FDEP for their cost share contribution to these storms. Gary CAC September 9, 2010 VII-3 Staff Reports 2of4 ham bright 9 From: Sent: To: Cc: Subject: ochs I Saturday, August 28,20102:14 PM DLCOMM ramseLm; McAlpinGary; IsacksonMark; TorreJohn; WertJack FW: Obligation of FEMA Funds Commissioners, Late yesterday, we finally received word that a portion of the FEMA reimbursements for prior years' storm events that we have been pursuing for the better part of 5 years had been approved. See specific details below. Special acknowledgement goes to Gary McAlpin and Marla Ramsey for their diligent and persistent efforts to secure this reimbursement. We will continue our efforts until the final installment is in hand. These funds will help build the beach renourishment reserve fund needed for the next full renourishment project scheduled for 2015. VR, Leo From: McAlpinGary Sent: Friday, August 27, 2010 5:33 PM To: ochsJ Cc: ramsey-m; IsacksonMark; SummersDan; wightdebbie; 'French, Bruce'; John Korsak; Kelly R. Jones Subject: Obligation of FEMA Funds Leo, I just received notification from Bob Seibert this afternoon that $9,486,535.40 in FEMA funds have been obligated to Collier County for beach repairs as a result of Hurricanes Wilma and Katrina. Release of funds will be through FloridaPA on Monday. Payment to the County will be via electronic wire transfer within 2 weeks. These storms are 100% cost share by the federal government. We have been working on this for 5 years and it represents the incremental expenditures above the previously approved storm events. Tropical Storm Gabrielle from the 2002/3 still remains unresolved. We are seeking an additional $l1M on this storm with a 75 % cost share from the government. It will probably be another 6-9 months before this can be resolved. After these payments are received, we will need to reimburse FDEP for their cost share contribution to these storms. Gary Undor Florida Law, e--mad 8ddresses are publiC records.. If you do not want your c"m;'l:! address released in response to a public records request, do not send electroniC mail to thiS entity Instead, contact U.IIS office by \elepMne or In WI,IIn9 1 CAC September 9,2010 VII-3 Staff Reports 3 of 4 hambrig~ Subject: Seibert, Robert [Robert.Seibert@em.myflorida.com] Friday, August 27,20105:01 PM McAlpinGary; ochsJ; ramsey-m; IsacksonMark French, Bruce; Wright, Doug; Shinkle, Charles; Mayfield, Lee; Singh, Renee; Zgodzinski, Joseph; Cai, Van RE: Status of the BP Claims Process From: Sent: To: Cc: Gary, Your timing is fortuitous! & the good news follows. The last project delayed due to the million dollar review queue was released & obligated today. PW-2700 Version 3 was obligated this AM 08/27/10 for $9,486,535.40. PW-6733 Version 4 was obligated 08/12/10 for $31,993.47. The FRO Financial Specialist will prepare the RFR and add all of the Summary of Documentation and Proof of Payments to an RFR in FLPA and have it staged and ready for you to review and advance the Request for Reimbursement to Step 2. The processing here at the FRO will take no longer than 48 hours for three Mgt. level approvals here in Lake Mary. This payment authorization will then be submitted to Tallahassee where the EFT will be prepared and this should take approximately two weeks for the EFT to hit Collier's account. Renee will email you when the RFR is ready for your review and advancing to step two. Please note that we can prepare the RFR but we cannot actually process it from Step 1 to Step 2 because this is a limited Systemic Access Level process for security reasons. Renee will be available via telephone to walk you through this process. You can expect this by Wednesday 09/01/10. Have a good weekend and thanks for your patience during the DRF waiting period. Bob Robert M. (Bob) Seibert Lead Deputy Public Assistance Officer Florida Division of Emergency Management Phone: 407-2()8-8()09 Blackberry: 850-528-509() email: robert.seibertavem.mvtlorida.com From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net] Sent: Thursday, August 26,20108:41 AM To: Seibert, Robert; ochsJ; Seibert, Robert; ramsey-m; lsacksonMark Cc: French, Bruce Subject: RE: Status of the BP Claims Process Bob, I have been out for a week and wanted to know if you have heard anything of the $9.4M and $31K payment for the Wilma and Katrina PW'S? Thanks, Gary CAC September 9, 2010 VII-3 Staff Reports 40f4 From: French, Bruce [mailto:Bruce.French@yorkrsg.com] Sent: Wednesday, August 18, 2010 12:41 PM To: McAlpinGary Subject: Status of the BP Claims Process Gary, Here are the recent updates on the BP Claims Process. The "legal opinion" is interesting but this argument is best left to the lawyers. Notice from BP on transfer of claims to Feinberg: http://www.bp.com/qenericarticle.do ? cateqorvl d= 2 012 968&contentl d= 7 064522 Government Claims contact information: http://www.oilvoice.com/n/BP Announces Transfer to Gulf Coast Claims Facility as Claim Payouts Top 368m/db1f4 7ea6.aspx A Florida attorney's legal opinion on the Feinberg process: http://donovanlawqroup.wordpress. com/2 01 0/08/11/is-the-q u If-coast-c1ai ms- facil ity-i n- vio lation-of -the-oi I-poll ution-act -of- 19901 Bruce French I Sr. Project Manager, Adjuster York Risk Services Group, Inc. I (850) 671-6355 http://www.yorkrsq.com CONFIDENTIALITY NOTICE: This message is intended to be viewed only by the listed recipient(s). It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this message is strictly prohibited without our prior permission. If you are not the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies. oft'icc' 2 CAC September 9, 2010 VII-5 Staff Reportd 1 of 16 Staff Reports #5 - Clam Bay Subcommittee Progress Update 1. Tidal Flushing Dredge permit status: a. USACE RAI is outstanding with about 75% of it completed and a targeted submittal date by the end of this month or sooner. The bulk of this response is dealing with 100 plus public comments. Of these comments, approximately one quarter to one half are not relevant. Nothing oftechnical substance has been discussed, required or anticipated at this time. b. FDEP RAI is outstanding with 75% also being completed at this time. Submittal is expected within the month also. FDEP will not require any additional ebb shoal modeling due to the monitoring reports, the history of moderate shoreline impacts and the frequency of dredging anticipated. The environmental resources were surveyed within the last 45 days as requested by FDEP and the USACE was present during the survey. c. See email from Dr. Lainie Edwards addressing the depth of cut issues from the old permit. 2. Navigational Markers Update: a. See attached memorandum Dated September 2,2010 From FDEP identifying this project as a project of heightened public concern. 3. Foundation Meeting: a. Discussion scheduled for September 8, 2010 with Foundation and consultants 4. Modeling Meeting: a. Based on summary and discussion from the working discussion with the consultants. Staff Reports #7 - Emergency Renourishment 1. The Biological Opinion by FWS should be completed by September/October 2010. 2. No new permit will be required but rather only and Notice to Proceed (NTP). We will be operating under the 2005 FDEP permit. 3. Final survey and engineering will be required to secure the NTP and also determine if the Seagate work will be included in the Emergency Sand placement. 4. This project will be bid with the Wiggins Pass dredging project and the Doctors Pass jetty rebuild to potentially save mobilizations costs. 5. Timing is: Packages prepared by 10/102010; bids due by 11/1/2010; Award and Mobilization by 1/1/2011. Staff Reports #8 - Hideaway Beach Update 1. Contractor is currently placing sand at the southern most location at the Club House and proceeding north. 2. The contractor is approximately 15-20% complete with sand placement. Total contract volume is 120,OOOCy's. 3. The sheet pile is on site for the erosion control structures and the contractor is beginning to drive the southernmost control structure. 4. The contractor is estimating 3 months to complete. 5. Turtle monitoring is continuing at night. 6. The contractors are Center Contracting/Gunderboom as the prime and Palm Beach Dredging/Caldwell as the dredging contractor. CAC September 9,2010 VII-5 Staff Reportd 2 of 16 Yes - It appears that was the intent ofthe permit, and that there was a mistake on the legend ofthose drawings. Lainie Edwards, Ph.D. Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection 3900 Commonwealth Boulevard,M.s. 300 Tallahassee, Florida 32399 850-414-7796 (phone) / 850-414-7725 (fax) From: McAlpinGary (mailto:GaryMcAlpin@colliergov.net] Sent: Wednesday, August 18, 2010 9: 11 AM To: Neely, Merrie; Edwards, Lainie Cc: Ken Humiston Subject: FW: Dredge limits Clam Pass Merrie Beth and Lainie, So in a roundabout manner, are you saying that you agree that in 1998 and 2007 the channel from Station 0+00 to 3+64 was permitted for a -5.5 ft cut and was dredged as per the submitted as-built's and that in 2003 it was only dredged from Station 3+64 to 18+00. I am not trying to be difficult on this but I need you to be clear so as to put this item to bed. From: Neely, Merrie (mailto:Merrie.Neely@dep.state.fl.us] Sent: Tuesday, August 17, 20104:15 PM To: 'Ken Humiston'; McAlpinGary; Edwards, Lainie Cc: Joe Foster; Malakar, Subarna Subject: RE: Dredge limits Clam Pass llcllo Gary and Ken, Please see the attached file that 1 reference. First two pages of the attached document are from Bathymetric monitoring report 6 (4/15/98 vs 10/15/98) and the depths for this station do reveal the depths at this station at the times of these surveys were ~-1.3 to -2NGVD. I believe the entrance channel was not dredged until 1999 however, our file copies of other bathymetric reports do not have these same cross sections and appear to only capture the transmittal ofthe reports rather than the bathymetric data- I'm waiting to hear from our engineering section to see if they have the full reports so I can confirm this detail at this station following the 99 dredging of the inlet - I will let you know the results. The plans f{)r the original NTP request submitted in April and June 2006 do have the 1-2-3 NGVD scale (pages 3 and 4) but don't have the corrective note you reference below. However, the final set of plans submitted in October 2006 still have the 1-2-3 NGV[) scale, but does actually have a note referencing the dredge depth of -5.5 (page 5 of attachment) and on page 6 the 'typical' cross section for that portion of the project entitled A (cs A-A) also shows -5.5NGVD dredge depth. Absent any other clear explanation in the original permit file record - Subarna, Lainie and [ agree that it appears the scale was incorrect on the various 2+37.5 drawings and should have been 2-4-6 instead. Merrie Beth CAC September 9, 2010 VII-5 Staff Reportd 3 of 16 From: Ken Humiston [mailto:kh@humistonandmoore.com] Sent: Monday, August 16, 2010 3:14 PM To: McAlpinGary; Neely, Merrie; Edwards, Lainie Cc: Joe Foster Subject: RE: Dredge limits Clam Pass That is correct, with one caveat which is that the dredging in 2003 was limited to the flood shoal inside from Station 3+64 to 18+00. The channel from Station 0+00 to 3+64 was adequate for flushing and to float the dredge in through the inlet, so the Gulf entrance from Station 0+00 through 3+64 was not dredged in 2003 to avoid potential impact to adjacent beaches. From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net] Sent: Monday, August 16, 2010 2:08 PM To: Ken Humiston; Neely, Merrie; Edwards, Lainie Cc: Joe Foster Subject: RE: Dredge limits Clam Pass Ken, So, as I understand it and you are confirming the depth of the cut is -5.5 feet for the 98, 03 and 07 dredge events for stations 0+00 through station 3+64. This is consistent with my understanding also. Can both you and Merrie Beth acknowledge this so I can put this item behind us. Thanks, Gary From: Ken Humiston [mailto:kh@humistonandmoore.com] Sent: Monday, August 16, 2010 1:14 PM To: McAlpinGary; Neely, Merrie; Edwards, Lainie Cc: Joe Foster Subject: RE: Dredge limits Clam Pass Gary, The scale of the vertical axis on the cross section for Station 2+37.5 on the Clam Pass permit and construction plans is mislabeled. It should be the same as the vertical axis on all other stations for Cut #4, which are correct. All ofthe previous dredging events at Station 2+37 have dredged the channel to - 5.5 NGVD. The dredging depth is actually clarified in a note on the survey cross section submitted for the Notice to Proceed for the 2007 drawing, although the labeling of the axis on that drawing is mislabeled in the same manner as the plans for earlier dredging events. The mislabeling most likely occurred during preparation of plans for the 1998 dredging, because the mislabeled scale on the Station 2+37 cross section is actually the scale that was used on Cuts #1, #2, and #3, and the mislabeling is therefore probably the result of applying the same AutoCAD template to Cut #4 but adjusting the depth scale because of the greater dredge depths in Cut #4. The mislabeling of the vertical axis of Station 2+37 apparently occurred during that process, and has been overlooked until now. Clearly the vertical scale on all the other Cut #4 stations is the appropriate scale that should be applied to the Station 2+37 cross section. CAC September 9,2010 VII-5 Staff Reportd 4 of 16 Sorry for the inconvenience and please let me know if you need anything else to clear this up. Ken From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net] Sent: Monday, August 16, 2010 10:02 AM To: Neely, Merrie; Edwards, Lainie Cc: Ken Humiston; Joe Foster Subject: RE: Dredge limits Clam Pass Importance: High Ken, When I look at the June 2007 post construction report, it shows the cut performed at -5.5 ft. but the legend is not compatible with the dwg. Please comment on this and identify at this location what the intent of the cut was and what actually was dredged. Gary From: Neely, Merrie [mailto:Merrie.Neely@dep.state.tl.us] Sent: Monday, August 16, 20109:36 AM To: McAlpinGary; Edwards, Lainie Cc: Ken Humiston; Joe Foster Subject: RE: Dredge limits Clam Pass Iii Gary, There may be an error, however, it has persisted through several years on the plans. 'l'he 2003 NTP submission from II&M which I am staring at (See attached), shows this -2.5 ft depth as well as the approved plans. While I agree it does seem odd to ask to dredge deeper on both sides, the file seems to be silent on the issue as to why it should remain shallower at that cross- section. I have no comment as to what depth you may have dredged to in 2007. Merrie Beth From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net] Sent: Friday, August 13, 2010 4:42 PM To: Edwards, Lainie Cc: Neely, Merrie; Ken Humiston; Joe Foster Subject: RE: Dredge limits Clam Pass Lainie and Merrie Beth, Can you please check your drawings. I believe that there is an error in the left hand margin for the dwgs in 2007 and possibly also in 1998. The drawings note a depth of -505ft but the legend shows it at -2.5 ft. In 2007, I an almost positive that it was dredged to -5.5 ft. CAC September 9. 2010 VII-5 Staff Reportd 5 of 16 By copy of this memo, I am asking ken Humiston to comment on this also. From: Edwards, Lainie [mailto:Lainie.Edwards@dep.state.f1.us] Sent: Friday, August 13, 2010 3:41 PM To: McAlpinGary Cc: Neely, Merrie Subject: FW: Dredge limits Clam Pass Hi Gary - Here is the email which Merrie Beth sent out to Marcia regarding the dredge depths of the old permit and the new application. Please let us know if there are any further questions. Thanks! L.ainie Edwards, Ph.D. Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection 3900 Commonwealth Boulevard, M.s. 300 Tallahassee, Florida 32399 850-414-7796 (phone) /850-414-7725 (fax) From: Neely, Merrie Sent: Thursday, August 12, 2010 1:34 PM To: 'Marcia Cravens' Cc: Edwards, Lainie; Malakar, Subarna Subject: Dredge limits Clam Pass Hello Marcia, After reviewing the drawings for the previous permit it appears that a modification in early 1999 clarified the dredge depths of cut4, which were just idealized cross-sections (vague) in the original approved permit drawings - this occurred after the original permit issuance but prior to the project dredge work for cut4. The approved channel width between station 0+00 and 3+64 was 30ft wide, farther inland the channel widens and is variable in width. The dredge depths at these same stations were to - 5.5NGVD with the exception of station 2+37.5 which was only permitted to be dredged to a depth of -2.5 NGVD. Farther inland the channel dredge depth shallows to -4.5NGVD and above station 7 shallows to -4NGVD. I do not see references to overdredge depths in the original permit. The same depths appear on the current application drawings with the exception of station 2+37.5 which appears to also reflect the -5.5 dredge depth. I have sent you a package in the mail with these drawings that should arrive later this week. Merrie Beth Neely, Ph.D. Florida Department of Environmental Protection Water Resources Management Joint Coastal Permitting 3900 Commonwealth Blvd MS 300 Tallahassee, FL 32399-3000 CAC September 9, 2010 VII-5 Staff Reportd 6 of 16 Phone 850 413-7785 Fax 850 414-7725 The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. Under Flonda Law e.m3" adcicesses are publiC records If you (10 no! want you, EHnad address released 111 response to a publiC ,,,,coreis do not send rna1f to thts entity contact U'lis office by tc::icpr'lonc or writing CAC September 9,2010 VII-5 Staff Reportd 7 of 16 Florida Department of Environmental Protection Memorandum Name of Project: Installation of Navigational Aid within Clam Bay and Clam Pass Date: September 2,2010 To: Bob Ballard, Deputy Secretary Land and Recreation Through: Katie Flanagan, Director Office of Cabinet Affairs From: Jon Iglehart, Director of Distric Management .);'Vt'( South District Lucy Blair, Environmental Ad inistrator jJ) Environmental Resource Progr , South District Through: Re: Heightened Public Concern Pr Applicant: Collier County Application File No.: 11-0295193-002 County: Collier Location: Clam Bay and Clam Pass Naples, Florida Aquatic Preserve: No Designated Manatee County: es Time Clock: A RAI was sent to the ap icant on July 16, 2010; the Applicant's response is due on October 14,2010. ACTIONI ASK This project has received objections from enviro memo requests a determination if the proposed Concern (IIPC). ental groups and/or citizens. Therefore this oject is considered of Heightened Public PROJECT DESCRIPTION The County is proposing to install one (1) naviga ional pole marker! informational message: "Idle speed no wake all of Clam Bay, local knowl dge required, keep lookout for boaters and swirllillers, resume 1l00mal safe operation"; eight ( ) navigation buoys; two (2) "Idle speed no CA~~I~rteyO VII-~~u 8 of 16 emo September 2,2010 Page 2 of 10 wake" sign attached to an existing bridge; three (3) . formational pole markers "Caution, keep lookout for boaters and swimmers"; and two (2) avigational pole markersl informational message "Idle speed no wake all of Clam Bay and 10 al knowledge required, keep lookout for boaters and swimmers", all in Clam Bay and Clam Pas. Diagram I: Proposed navigation marker locations within Clam Pa sl Clam Bay Historv Collier County previously submitted an application n April 22, 2008 for the installation of navigational aids under ERP No. 11-0288121-001; th application was withdrawn on October 14. 2008. Collier County resubmitted an application on April 9 2009 for the installation of navigational aids under ERP No. 11-0295193-001; the regulatory au horization was issued on July 11,2009. ~~_~~~)P 9 of 16 HPc Memo September 2, 2010 Page 3 of 10 On October 27, 2009, The Department received a 1 tter from the Florida Fish and Wildlife Conservation Commission (FFWCC), Boating and aterways Section; stating that FFWCC is rescinding the temporary authorization for placement f markers within Clam Bay and Pass. As a result, the activity was no longer being marked purs ant to Section 327.40 F.S., and therefore inconsistent with Section 403.813(l)(k), F.S. hi addition, on November 11. 2009, the Collier C Wity Coastal Zone Management Section submitted to the Department a bathymetric survey f Clam Bay, which was completed by Morgan & Eckltmd, Inc. on October 13,2009. The pro ided survey did not document an existing navigable channel through Clam Bay. The install at on of the navigational markers appears inconsistent with Chapter 18-21.005(l)(b), F.A.C., which states that any channel markers delineate existing and authorized or permitted navigati nal channels. As a result of the information received on Octobe Department rescinded the regulatory authorization regulatory exemption and the proprietary consent by 11,2010. 27, 2009 and November 11, 2009 the at was issued on July 11, 2009. The Ie authorization were denied on January Collier County resubmitted an application on March 0, 2010 pursuing an exemption to install navigational aids and rcquesting a Lettcr of Consent t us sovercign submerge land under ERP No. 11-0295193-002. A request for additional inform tion was sent to the applicant on July 16, 2010. A response was requested hy October 14, 2010. Compliance Issues No compliance Issues are present Background Information The Bureau of Beaches' and Coastal System issued Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization on July 6, 1998 and a Modification issued on December 15, 1998 to dredge approximately 22,000 c bic yards of material from Clam Pass and the interior channels for the improvement of the hyd dynamics within Clam Bay. The permit authorized a channel that spans from the mouth of Cl Pass to the southern boardwalk within Outer Clam Bay. The width of the channel ranges fro 20 feet wide at the mouth of Clam Pass to 40 feet wide near the southern boardwalk. This d edged path can be seen within the 2009 aerial photograph within the Collier County Property ppraiser website (see Diagram 2 below). cAc~a~l~ VII-5 ta 10 of 16 EMemo September 2, 2010 Page 4 of 10 . :.. Diagram 2: 2009 Aerial provided by Collier County Propelty Appr iser (www.collierappraiser.com) On April 9, 2009, a title determination was completed b the Division of State Lands, Bureau of Survey and Mapping. The determination stated the ~ llowing, "Submerged lands below the MH\VL affected by placement of navigational buoys a d informational pole markers are state owned; subject to easement no. 29352". On May 5,2009, a quit-claim deed dated April 13, 1982 was located within the public records of the Collier County Clerk of Courts OR Book 996 Page 1841 thru 1863, and was provided by the law firm Lewis, Longman, and Walker P.A. The law' put forth the opinion that the quit- claim deed contains language that requires approv I from the Declarant {Pelican Bay Foundation} to place any structures within the Park Si e or Conservation Area (including the water body) and that the application is not valid without is approval. The deed was forwarded to Division of State Lands, Bur au of Survey and Mapping to determine if this information would affect the title determination at was provided on April 9, 2009. On May 13, 2009, Department Staff received an email from the Division of State Lands, Bureau of Survey and Mapping stating, "We see nothing that ch ges our opinion that lands below the CA~~I~n~ VII-~S'~ 11 of 1 emo September 2, 2010 Page 5 of 10 mean high water line are state-owned. The disclaimer was for swamp and overflowed lands and not sovereignty lands." The Department received a bathymetric survey on Ju e 17,2010 that was prepared by PBS&J for the Clam Bay and Clam Pass area (bathymetric su ey attached to memo). The depths on the north side of southern boardwalk within the existing d edge footprint range from approximately -5.0 Mean Low Water (MLW) to -1.6 MLW. The de ths on the outside of the existing dredge footprint range from approximately -0.7 MLW to 0.0 LW. The depths on the south side of the southern boardwalk within the proposed navigable pa range from approximately -4.0 ML W to -0.09 MLW. The depths on the outside of the propos navigable path range from approximately -2.0 MLW to 0.0 MLW. Resources There are seagrasses present near the project area; owever, these areas are adjacent to the existing dredge footprint and will not be within the roposed navigation sign locations or the proposed route. Multi-fanlilv Component Not applicable Commenting Agencies An email was received on April 1, 2010 from Christ her Boland with the FFWCC, l'llperiled Species Management. The email stated the followi g, "FWC does not have any manatee comments, but it might be of some concern to ou Boating and Waterways group. I have forwarded the project information onto Ryan Moreau of the Boating and Waterways for review and possible comments." The Department has received a FFWCC Boatin and Waterways Permit No. 09-021 authorization to install nine (9) information markers ithin Clam Pass dated May 21,2010. The Department was also provided a United States Co st Guard approval for Private Aids to Navigation Application (CG-2554) dated September 2,2009 authorizing the establishment of the Clam Pass Daybeacon 1 and the Clam Bay Buoys 2,4,6,7,8,9,10, 12, 13, and Daybeacon 14. The Department compared the Latitude and Longitu e between the plan view drawing in the application with the FFWCC Permit 09-021 Authoriz d on May 21, 2010 and the United States Coast Guard (USCG) Permit issued on September 14 2009. The Department observed that the plan view drawing, the USCG authorization, and th FFWCC authorization do not show the same Latitude and Longitude location on the propose project. The Department sent a Request for Additional Information on July 16, 2010 asking cl ify the Latitude and Longitude locations within the FFWCC authorization and USCG authori .ation and how they match the proposed locations within the plan view drawing in the applicati n. Noticing The project has not been noticed. The applicant is r uesting a letter of consent authorization, not a lease or easement. ~~_~Ml~~~~ 12 of 1~"illlt~emo September 2,2010 Page 6 of 10 Obiection LetterslEmailslFaxeslPetitions The Department has received a petition signed by 2,1 signed by 263 individuals as of August 24, 2010 (ht bay-wctlands-keep-it -natural/), and 31 objection letters The following Is a brief summary of the rltten objections received by the Department. This summary is not meant to cap ure all the author's points or Issues presented In their correspondence. The comm nlcatlons referenced are attached to this memo and should be read for the compl te details reading the nature of the objectlon(s) Lewis, Longman, and Walker P.A.: On June 25, 2010, a letter was received from Lewi , Longman, and Walker P.A. written by Robert P. Diffenderfer titled Collier County Applicati n for Letter of Consent. The points within the letter provide concerns with control and ownershi of the submerge hottom, the Army Corp of Engineers not requiring lateral aids to navigati n, environmental concerns, no defined navigational channel, application not meeting propri tary requirements, not providing a more recent biological studies, and not minimizing impacts. The Mangrove Action Group: On April 29, 2010, the Department received a packet f information from Marcia Cravens, vice president of the Mangrove Action Group, containing letter from the Sierra Club dated May 4, 2009 and an email from the Collier County Audub n Society to Gary McAlpin of Collier County. The Sierra Club ietter states that they oppose c nstruction within the mangrove wetlands and waterways that could have potential environme tal impacts and support the Mangrove Action Groups efforts. The Audubon Society state the following, " While it is valuable to mark sensitive shallow areas in the bay and shallow flats aT a behind the pass, markers should not be used to suggest any inappropriate use of this shallo estuarine area by motor boat and other estuarine resources of this area". The Department received an email on May 21, 201 from Marcia Cravens titled Clam Bay System Ranks Low for County's Own Criteria, County Public Records, Saved to JPEG and PDF. Mrs. Cravens states she does not know how a regulato agency could approve navigational aids in a waterway that does not meet County criteria; s e says it would be irresponsible for the FDEP to approve the proposed aids with an exemption She proposes that the Department to not approve the exemption for navigational aids in a w terway that does not meet the County criteria. The email also included a letter produced by C llier County staff dated February 9,2000 stating that the installation of pilings and signs within lam Bay is prohibited. On June I, 2010, Lainie Edwards from The Bureau of Beaches and Coastal Systems forwarded an email from Mary Bolen, director of the Mangrove ction Group, dated May 31, 2010. Mrs. Bolen expresses "the Clam Bay Estuary is a quite na ural system teeming with wildlife and it serves as home to many threatened or endangered s ecies such as Spoonbills, Wood Storks, Reddish Egrets and Snook". She states, "To not allo information signage to be attached to inappropriate lateral green/red markers that the Coast Guard has deemed previously unnecessary as this would lead tofurther navigational redging." CA~l{?i!fi'l)D VII- 13 of 1 E emo September 2, 2010 Page 7 of 10 On June 17, 2010, an email was received from Lilias Bruce, secretary of the Mangrove Action Group, titled Navigational Markers. In the email, she sates, "These are not navigable waters and Pelican Bay have spent millions to keep the est ary natural". She encourages that no navigational markers, and no dredging of the pass wid r and deeper for boating. July 5, 2010, an email was received from Sheridan Group, titled Clam Pass Marker Permit. Mrs. Arnol marker permit for clam pass, as they will contribute the area". old, treasurer of the Mangrove Action states the following, "Please reject the the destruction of the natural beauty of Citizens: On March 27, 2010, an email was received by Joh Domenie titled Clam Bay Navigational Aids File # 11-295193-0021. Mr. Domenie expres es concerns of environmental impacts, ownership of Clam Pass and Clam Bay, and the ch ges within the system. He also states the following, "in the twenty years prior to 1998, the pas actually CLOSED five times for periods ranging from one month to four months-making all bo ting entirely impossible". On March 27, 2010, an email was received from Col ( et) Theodore J, Raia Jr., M.D. titled Fw; Co1lier County Request for Dredging and Navigation igns. Mr. Raia states the following, "the USACOE refers to navigation signs as being require they are not the lateral red/green signs, but the non-lateral signs". On May 27, 2010 an email hasbeenreceivedfromatriciaJ.Bush.PH.D. titled Clam Pass Maintenance Dredging. She urges the Department to r . ect the permit application. On May 27,2010, an email was received from Col (Re) Theodore J, Raia Jr., M.D. titled Permit. In the email, he expressed concern about the shall waters that are enjoyed by kayaking, canoeing, fishing, and wading by residents. Mr. Raia Iso expresses that this area is a National Resource Protection Area with shoaling the limits boa ing access to the Gulf and that Clam Bay is not measure in feet but by inches. He urges for the D partment to Deny the permit application. On May 27, 2010, an email Wa..li received from Ian M Keagtitled Collier County Application- Clam Bay. Mrs. McKeag expressed concern that the C unty is misrepresenting that Clam Pass is a navigational channel, that the approval of the appli tion will degrade the estuary, and that the approval of the application will upset the healthy ecol gical system and passive recreation. Mrs. Ian states the following, "Please protect the enviro mental integrity of our NRPA from the political influence of motor-boating lobbyists and reje the County's application". On June 1,2010, a hardcopy version of Col (Ret) Theo ore J, Raia Jr., M.D. May 27,2010 email was received in the mail. On June 16,2010, Merrie Neely from The Bureau of eaches and Coastal Systems forwarded an email from Cora Obley dated June 16,2010. Mrs. ObI y expresses that "Navigational markers in Clam Bay can only create undefined damage,' Clam B y and Clam Pass have always been used for passive recreation ". She strongly and respectfully rges the permit to be rejected. CA~ltelb€E}~ VII-5 St~f;Rartd 14 of 16l1.t'L. Memo September 2, 2010 Page 8 of 10 On June 16,2010 an email was received from Cora 0 ley dated June 16,2010. This emai) was a duplicate of what was forwarded from Merrie Neely rom The Bureau of Beaches and Coastal Systems. On June 22, 2010, a letter was received from Jeanne indlater dated June 15, 2010. Within the letter she states that the few powerboats within the ad acent community already use the existing canoe trail as a navigable path and that the water depl is not measured in feet but in inches. She also states that, "dredging, propellers, motor slud e, gasoline leaks, dragged anchors all contn'bute to the inevitable and irreparable degra tion of the estuary". Mrs. Findlater is requesting that the County's application to be rejected. On June 22, 2010, an email was received from Mary Bolen titled Re: DEP File #11-0295193- 002, Collier County. Mrs. Bolen states, "The installat on is the beginning of a process that will inevitably and irrevocably alter the character of this u ique andfragile area". On June 24,2010, an email was received from Gregg E. Johnson, PhD, titled Collier County-. ERP- File No. 1l-0295193-002-EE08. Mr. Johnson e presses the water depth being one foot at low tide, the markers offer no safety to thousands 0 tourist or kayakers, and that the marine markers anchor chains will damage the submerge b ttom. Mr. Johnson states the following, "Please reject this application that could wreak ha oc on this beautiful National Resource Protection Area". On June 24,2010, an emai) was received from Joseph . and Catherine C. Madigan titled Collier County - ERP- File No. 1l-0295193-002-EE08. Mr. d Mrs. Madigan express the water depth being one foot at low tide, the markcrs offcr no safet to thousands of tourist or kayakers, and that the marine markers anchor chains will damage the submerge bottom. Mr. and Mrs. Madigan state the following, "Please reject this application t at could wreak havoc on this beautiful National Resource Protection Area". On June 24, 2010, an email was received from Arthur . Chase titled Collier County - ERP- File No. 11-0295193-002-EE08. Mr. Chase expresses that e average water depth in Clam Pass is - 1ft, the bathymetric survey does not document an xisting navigablc channel, and that the red/green buoy anchor chains will damage the su merge bottom. Mr. Johnson states the following, "Please reject this application that could wreak havoc on this beautiful National Resource Protection Area". On June 24, 2010, an email was received from N y Lipton titled Clam Bay. Mrs. Lipton expresses that red/green markers anchor chains will da age the shallow fish and wildlife habitat. She requests that the application to install red and gree markers be denied. On June 26, 2010, an email was received from Chri topher Findlater titled Collier County - ERP- File No. 1l-0295193-002-EE08. Mr. Findlate expresses that there is no discernable channel, that any markers installed today would have t be repositioned next month or week, and that the average depth within Clam Pass! Clam Bay is one foot at low tide. He requests that the permit application be denied. June 29, 2010, a letter was received from Katherine ickson. Mrs. Erickson expresses that the water depth within Clam Bay is not deep enough f r lateral aids to navigation, there is no CAC;M1ieJl16S0~ 0 VII-5 SWffle~mo 15of1aLl..... September 2,2010 Page 9 of 10 discemable navigahle channel, lateral aids to navigatio is not in the best interest of the public or Clam Bay, and that any channel that appears is ep emeral. Mrs. Ericson requests that the application be rejected. June 29, 2010, a letter was received from Agnes Ison. Mrs. Ison expresses that the water depth within Clam Bay is not deep enough for lateral ai to navigation, there is no discemable navigable channel, lateral aids to navigation is not in e best interest of the public or Clam Bay, and that any channel that appears is ephemeral. . Ison requests that the application be rejected. July 1, 2010, a letter was received from Dennis C Ivanese. Mr. Calvanese stated that the placement of red/green markers will invite power boati g and could cause adverse impacts to the shallow waters of Clam Bay. He requested that the application for red/green lateral aids be denied. July 2,2010, an email with an attached letter was recei ed from Linda Roth titled Marker Permit Ltr.doc. Mrs. Roth expressed multiple points that i luded environmental concerns, shallow water depths, constant change of Clam Bay/Calm Pass and the future dredging that could occur following the navigational aid installation. Mrs. Roth st tes the following, "[ urge you to exercise your prerogative and good judgment to deny this pe it application for the laudable reason of protecting and preserving the fragile Clam Bay estuari e ecosystem for the future of marine life, and our economy". July 5,2010, an email with an attached letter date June 1,2010 was received from David Trecker titled ERP-File No 11-0295193-002. Mr. Trecker h s expressed concerns to environmental impacts, shallow water depths, and the navigational aids will attract larger powerboats. He suggests that the application be rejected. July 6,2010, an email was received from Steve and ice Gregerson titled File No. 11-295193- 002-EE08. Mr. and Mrs. Gregerson expresses conce about environmental impacts and the future dredging that could occur following the navigati nal aid installation. They request that the application for lateral navigational signs be rejected. July 6, 2010, an email with an attached letter was rec ived from Veronica Bellone titled ERP- File No. 11-0295193-002-EE08. Mrs. Bellone e ressed multiple points that included environmental concerns, shallow water depths, an the future dredging that could occur following the navigational aid installation. Mrs. Bello e states the following, " [ offer that the installation of lateral markers is not required, is unn cessary for shallow-draft boating, and is likely to attract larger powerboats which could result i significant environmental damage and a threat to human safety". She requests that the permit a plication be denied. On July 7, 2010, a hardcopy version of the July 2, 20 0 email from Linda Roth was received in the mail. On July 8, 2010, an email with and attached letter d ted July 7, 2010 was received from Ian McKeag titled Pending Collier County Applicatio - ERP - 11-295193-002-EE08. Mrs. McKeag expresses that she is writing in opposition to e proposed marker project. She provided multiple points that include the water depth withi Clam Pass is -1 MLW, there is no CAC,s,e-A~blf,~ 20lo VIl-5'sflftl~brt'ctun y 16of16lIPC~erno September 2,2010 Page 10 of 10 documented existing navigable channel, and the aids to navigation will affect the fragile ecosystem. On July 8, 2010, an email was received from Col (Ret) Theodore J. Raia, Jr., MD with no formal title. Mr. Raia re-expressed his concern that were stated in his email that had been received on May 27, 2010 and hardcopy version received on June 1, 2010. He expressed new concerns about the Deep Horizon Oil Spill and not being able to close the pass off to protect the mangroves and estuary. Mr. Raia requests that the pennit be denied. On July 8,2010, an email with an attached letter was received from Robert O. Naegele, Jr. titled File No. 11-295193-002-EE08. Mr. Naegele requests that the County's request be denied. On July 15, 2010, a letter was received from Maida and John Domenie. They express concern that Clam Bay system is much too shallow to safely permit navigation and the proposed signage will invite people unfamiliar with the shoaling. Mr. and Mrs. Domenie state the following, "Please do not let seven boat owners destroy this precious mangrovelllletlands environment". Collier County comments on the following objections were received on July 15, 2010, July 29, 2010, and August 27,2010. Please refer to the attached letters. CONTACTS If you have any questions or need further information, please contact Ryan Snyder at (239) 332- 6975, extension 140. Attachments: Project map; Bureau of Beaches and Coastal System July 6, 1998 Consolidated Joint Coastal Permit; Bureau of Beaches and Coastal System December 15, 1998 Consolidated Joint Coastal Permit; Objectors' correspondence (letters, emails, petition, etc.); Collier County July 12,2010 and July 27,2010 Comments; and PBS&J Bathymetric Survey, Date June 17,2010 CAC September 9,2010 VIl-6 Staff Reports 1 of 59 From: Sent: To: Subject: McAlpinGary Tuesday, August 31, 20103:52 PM hambright_g FW: Update on Wiggins Pass Issues This with the attachments is Staff Reports #6. Attach the attachments on the website and the CAC Agenda. From: McAlpinGary Sent: Tuesday, August 31, 2010 3:49 PM To: 'JMoreI2409@aol.com'; 'Victor N Rios'; 'Bob Raymond' ee: 'soreysan@aol.com'; Steve Keehn; Nicole Sharp Subject: Update on Wiggins Pass Issues -m ~I ~ 14!' ~ Wiggins Pass RAIl Wiggins Pass - Lett Wiggins Pass - Wiggins Pass (8-26-10). p... of Consist... DWSP dredging m.. Permitting Modeli... Joe, Attached is an update on the status of Coastal and Pass activities for Wiggins Pass. After your review a wider distribution can be made. 1. Maintenance dredging of the old permit foot print for immediate navigation relief: a. We have submitted our permit application on the same dredging basis as the expired permit. We received RAI#l from FDEP on 8/26/2010 which I have attached. We are in the process of answering this RAI and should have our technical responses to FDEP by the end of next week. We are not concerned about any of the State requests except for the possible exception of items 31 and 33. Most of the information that FDEP is requesting was submitted in the original permit submittal and it is simply a matter of educating them to where the information is contained or specifics they have with individual items. b. Item 31 requests a current Biological Opinion from Fish and Wildlife Service. Preliminary discussions with FWS indicated that they felt that a new Biological Opinion was not required and the old one could be used. We are requesting that FWS confirm this in writing to FDEP. This item should be resolved within the next week. We were not expecting this item in this 8/26/2010 RAI request. If a new Biological opinion is required, it will delay this project 90 days unless FWS can be expedited. c. DWSP is requesting design modifications in the vicinity of R17 that need to be addressed. I am attaching their 8/28/2010 letter also. We believe that we can show historically that erosion concerns that they claim in the vicinity of R-17 are not permanent and a result of the normal erosionalfaccretional nature of the area. We can also show that DWSP has accreted in the past 10 years since the old permit was in effect. Regardless, it will take time to discuss and resolve this issues with FDEP and the Park Service. CAC September 9, 2010 VII-6 Staff Reports 2 of 59 d. We will request a meeting in Tallahassee with FDEP and the Park Service as soon as our RAI comments are submitted. e. A letter of consistency is attached from Collier County Growth Management Division. f. Our intent is to prepare bid packages by October 1, 2020 and have bidding complete by 10/31/2010. We will not be able to award a contract till the permits are in hand. At this point with the exception of a new Biological Opinion being required, mobilization of a dredge should occur just after the first of the new year 2011. 2. New Channel Navigation Improvements/Straightening Project: a. Recent changes to the State of Florida's Consultants Competitive Negotiation Act (CCNA) requires staff to solicit RFP from consultants on any engineering scope of work that would result in a construction contract of $2,000,000 or more. Since staff was in the process of negotiating additional work with Coastal Planning and Engineering (that was added by an RAI by FDEP and would result in construction over $2,000,000) when this state CCNA ordinance was changed, we are now required to solicit a RFP for this additional work. b. An RFP has been prepared and is currently out for solicitation. A copy is attached and proposals are due by 9/24/2010. It will probably take an additional two months to have a consultant in place for work to begin again on this project. Until this is completed, work onthis project is on hold. Work should begin again in the November 2010 timeframe. Under FloridD Law, 8,.mail addresses are public records It you do not want your e--rnaii c1(Jdress released in response to a public records f'e'll/est. do not S(:'7t'K1 electroniC mtill to U"HS entity. Instead, contact HilS office by tClephone Of ill 'f./nting CAC September 9, 2010 VII-6 Staff Reports 3 of 59 Florida Department of Environmental Protection Charli~ Crist Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Jeff Koukamp Lt. Governor Michael w. Sole Secretary August 26, 2010 Collier County 3301 E. Tamiami Trail Naples, FL 34112 c/o Stephen Keene Coastal Planning and Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 REQUEST FOR ADDITIONAL INFORMATION (RAI #1) JCP File Number: OI42538-009-JC, Collier County Applicant Name: Collier County Project Name: Wiggins Pass Maintenance Dredging Dear Mr. Keene: This letter is to acknowledge receipt of your application on July 27, 2010 for a Joint Coastal Permit, pursuant to Chapter 161 and Part IV of Chapter 373, Florida Statutes; and authorization to use state-owned submerged lands, pursuant to Chapter 253 and 258, Florida Statutes. Please be advised that your permit application is considered to be incomplete as provided for by Chapter 120.60, Florida Statutes, and Rule 62B-49, Florida Administrative Code. Receipt of information listed below is required. The items of information are numbered to correspond with the item numbers on the application form. When replying to this Request for Additional Information (RAI), please address your response to my attention (the undersigned permit processor). Please keep your RAI response separate from Scope of Work (SOW) submittals to the Project Manager in the Bureau's Beach Erosion Control Program. Misdirecting your response or combining your response with SOW matters will delay the review of your application. Please feel free to courtesy copy any other individuals with your response, but only responses addressed to the permit processor will be reviewed as part of your permit application. Please submit three (3) hard copies of your response. Also, please prepare and submit one (1) electronic copy of your response (response document text, all attachments, and drawings) and submit it on a CD in Adobe Acrobat Reader@ (.pdt) format. ";\1ore f'roteCliol1, Less Process" lVl1'11'. dep.statej7./Is Request for Additional Information (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 2 of 11 CAC September 9, 2010 VII-6 Staff Reports 4 of 59 5. Describe in general terms the proposed activity including any phasing. Please correct the discrepancies in the datum between the project description and the permit drawings. · Project description in Attachment 5 states, for the segment of the channel between stations 0+00 and 1+00, the dredge depth is -7.5 feet, ML Wand between station 2+00 and 15+00, the dredge depth is -12 feet, ML W, excluding the 1 foot overdredge allowance. · Permit sketches of Attachment 24 provide cross-sectional profile plots of the channel at stations 0+00 through 14+00. For stations 0+00 through 2+00, the dredge depth is -8.7 feet, NA VD and for stations 3+00 through 13+00, the dredge depth is -13.2 feet, NA VD, excluding the 1 foot overdredge allowance. · Assuming the dredging plan for the channel is as indicated in the permit sketches of Attachment 24, please confirm that: for the segment of the channel between stations 0+00 and 2+00, the dredge depth is -8.7 feet (not -9.2 feet), NA VD and for the segment ofthe channel between stations 3+00 and 13+00, the dredge depth is -13.2 feet (not -13.7 feet), NA VD, such that, for the segment of the channel between stations 2+00 and 3+00, the dredge depth will gradually slope seaward from -8.7 feet to -13.2 feet, NA VD. Limit the seaward dredging distance of the channel to station 13+00 or 14+00 to be consistent between the project description (item 5) and the permit sketches (item 24), since little or no material will be dredged between stations 14+00 and 15+00. We acknowledge that all of the dredged material from the channel in this dredging event will be placed in the most effective area below MLW of Barefoot Beach State Preserve (between approximately R-ll.4 and R-14.2). If the applicant or the applicant's consultant has any questions about this comment or information requested above, please contact Subarna Malakar, Coastal Engineer, at 850- 488-7847. 10. Please identify by number any JCP / DBS / Wetland Resource / ERP / ACOE Permits pending, issued or denied/or projects at the location, and any related enforcement actions. The JCP Compliance officer has indicated that a deliverable for your previous project is apparently now past due. Please immediately contact the JCP Compliance Officer to discuss resolution of the apparently missing deliverables outlined here. She states: "Our records system shows that the following item is past due for Collier County, coincidentally it is for Wiggins Pass: Wiggins Pass Maintenance Dredging 0142538-001-JC- Boating navigation survey was required to be conducted in 2009 and submitted 90 days later. The last boating navigation survey received was completed in 2004. The requirements are provided on page 14 ofthe permit:" "('v/ore Protection. Less Process.. wl1'H'dep.statejl.lIs Request for Additional Infonnation (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 3 of 11 CAC September 9,2010 VII-6 Staff Reports 5 of 59 11. Have you obtained approval from the Department of State, Division of Historical Resources? If yes, provide a copy of the letter of approval. We have requested this infonnation on your behalf, but it has not yet been received. No further action is required of you at this time, however, you application will remain incomplete until the infonnation is received. 13. A copy of the Division of State Lands title determination. If you do not have title determination, department staffwill request that the Division of State Lands conduct a title check. The title information check on your project reveals two existing easements (No. 30353 (5165- 11)) and 29908 (5265-11)) and one existing lease (No. 3869 to Collier County for Barefoot Beach State Recreation Center) in the current project area - as well as state owned submerged lands. Your project will require a "letter of no objection" from the other easement/lease holder, and the applicant is required to obtain and submit those letters to FDEP. 19. Written evidence, provided by the appropriate governmental agency havingjurisdiction over the activity, that the proposed activity, as submitted to the Department, is consistent with the state-approved Local Comprehensive Plan. We acknowledge that you will provide this information. Your application will remain incomplete pending your response. 23. Complete sets of construction plans and specification for the proposed activity, certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. The plans shall clearly distinguish between existing and proposed structures and grades, and shall include the following: a. Plan view of the proposed activity depicting the mean high-water line, any easement boundary and the erosion control line (if applicable) within the area of influence of the proposed activity. Identify the boundaries of significant geographical features (e.g., channels, shoals) and natural communities (e.g., submerged grass beds, hardbottom or mangroves) within the area of influence of the activity. Include a north arrow and a scale bar on each drawing. Full-size scaled drawings were not received in your application. However, these drawings can be submitted as a Notice to Proceed Item. Please show the MHWL, easements, the requested mixing zone, OFW limits and Aquatic Preserve/State Park boundaries on PV -1. This is a new permit application _ for clarity, please eliminate the 2000 permit dredge template on PV -1 and only include the dredge limits requested in the current application. ";i1ore Protection. Less Process.. H'11'11'. dep. sfatejl./Is Request for Additional Information (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 4 of II CAC September 9,2010 VII-6 Staff Reports 6 of 59 Please see Item 5 above and Item 33a below. Your application will remain incomplete pending receipt of revised drawings and/or project description. c. Details of construction, including materials and general construction procedures and equipment to be used (e.g., construction access, dredging method, dredged material containment, pipeline location). We acknowledge you will use a cutter-head hydraulic dredge and booster pump/spill barge system for the dredge and nearshore placement work. You state the pipeline will be limited to use areas shown on drawing page PV -I. If your response to Items 28 and 33d below show natural resources in this area (based upon a survey performed <6 months ago), the contractor work area may need to be redesigned to avoid impacts. 24. In addition to the full-size drawings requested above, the information required under Paragraphs (20), (22) and (23) above shall be provided on 8 Il2-inch by II-inch paper, certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. Each drawing shall include an accurate scale or dimensions, and all information shown on the drawing shall be clearly legible. Please address Items 23a and c above on the smaller drawings. Although the 8.5 x II inch drawings were legible, use of a larger font on any revised drawings, when possible, would be an improvement. 25. An aerial photograph or map with a scale of 1" = 200', showing: the project boundaries, DNR Reference Monument locations, major county landmarks, boundaries of significant natural communities (e.g.. submerged aquatic vegetation, hardbottom or mangroves) and special aquatic or terrestrial sites (parks, sanctuaries, refuges, Outstanding Florida Waters, aquatic preserves, etc.) within the project boundary and a minimum of 1,000 feet in both shore parallel directions of the project boundary. Please clarify why the legend on page 7 of7 indicates "August 2009 SSS survey" yet the narrative under Item 21 references a July 2009 CPE hard bottom survey was performed. What do the initials in SSS survey represent? If there is a field report summarizing that survey, please include as part of your response it in support ofItem 28. We note the proximity ofOFW to the project work area, which sometimes overlap. Please note that turbidity may not exceed background levels inside OFW boundaries (please see items 33d and 34 below). 27. Permit applications for excavation or fill activities shall include the following detailed information concerning the material to be excavated and the existing or native material at the beach fill site: "A1ore Protection. Less Process.' lVl1'W dep.statejl.lIs Request for Additional Information (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 5 of 11 CAC September 9,2010 VII-6 Staff Reports 7 of 59 a. Site plans showing the location of all core borings and the boundaries of the area to be excavated. Please provide a new plan view of the area to be dredged showing the core locations and boundaries of the individual dredge areas if necessary to address the remaining comments under item #27. c. Particle size and color analysis of the sediment. Gradation curves,jrequency distribution curves and data analysis sheets should be producedfrom sieve analysis of each stratum in the core. Grain size distribution must be determined down to the standard unit 230 sieve size. Color analysis ofmoist sediment should use Munsell system of hue, value and chroma. The information provided in the application submittal indicates that there are vibracores (the 2009 CPE vibracores) in the dredge area. According to the map provided there are no vibracores in the dredge area. How is this material being characterized? Is there any evidence from past dredge events that would indicate the material from the dredge area is expected to be beach compatible? f A sediment QA/QC plan that will ensure that the sediment to be usedfor beach restoration or nourishment will meet the standards set forth in paragraph 62B- 41.007(2)0), FA.C. Please provide a sediment QA/QC plan required in Chapter 62B-41.008( 1 )(k)4.b. This is a completeness item that needs to be reviewed and approved during the application review process, not as a Notice to Proceed item. The maintenance dredge template sediment QA/QC plan should be used for this project. 28. Using an established natural community classification system, describe each natural community within the area of influence of the proposed activity and include: a. Acreage. b. Identification of the flora and fauna to the lowest taxon practicable. c. Characterization of dominant and important flora and fauna and estimates of percent biotic cover. d. Sampling locations, date of sampling or measurements and methods used for sampling. In 1994 hardbottom was apparently found close to the nearshore disposal areas shown on the drawings submitted under Item 25. The permit drawings (Item24) include a note that says hard bottom details represent 1994 and 2009 CPE sidescan sonar results. Is this based upon an in-water survey? If so, provide the data from this survey in support ofltem 28. If not, a recent baseline natural resource survey off Barefoot Beach, conducted during the summer months is "Afore Protection, Less Process" WH'11'. dep. statejl.lIs Request for Additional Information (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 6 of 11 CAC September 9,2010 VII-6 Staff Reports 8 of 59 required to be submitted as a completeness item. Please differentiate between ephemeral (less than 30cm of sand depth coverage) and persistently exposed nearshore hard bottom in these surveys. Biological monitoring will be required at all hard bottom adjacent to the Pass or within 400 feet of any nearshore disposal areas. The applicant/agent is advised to contact Dr. Kosmynin about the current requirements of the post-construction biological monitoring plan and the in-water baseline survey prior to conducting this survey in the field. The previous Collier County project can be used as a basis for developing a similar protocol even if the specific transect and quadrat locations will differ. 30. Results of available wildlife surveys that have been conducted on the site, and any comments pertaining to the proposed activity from the Florida Fish and Wildlife Conservation Commission. How high will the nearshore berm be below Mean Low Water after the dredged material is disposed of in the nearshore? Since the project does not involve any activity above Mean High Water, FWC don't see any major turtle or shorebird issues with this project if it takes place outside sea turtle nesting season and no activity takes place on the beach. Updated Manatee conditions will apply. 31. A current Biological Opinionfrom the us. Fish and Wildlife Service or the National Marine Fisheries Service, when the Florida Wildlife Conservation Commission has determined that the proposed project will result in a take of marine turtles, which could not be authorized without an incidental take determination under federal law. We acknowledge your statement that a biological opinion is not needed because the dredged material is being disposed of in the nearshore marine environment with no creation of a new beach or shoal. The project does not involve any activity above Mean High Water. However, FWC has asked USFWS to confirm whether or not this project needs a BO. 33. Analysis of the expected effect of the proposed activity on the coastal system including but not limited to: a. Analysis of the expected physical effect of the proposed activity on the existing coastal conditions and natural shore and inlet processes. The analysis should include a quantitative description of the existing coastal system, the performance objectives of the proposed activity, the design parameters and assumptions, relevant computations, validation of the results and the data used in the analysis. An abridged engineering report (Attachment No. 33a) was submitted with the permit application for Item 33a. The objectives of the report are to improve navigation and reduce erosion on Barefoot Beach State Preserve. "Afore Protection Less Process.' Wl1'W. dep. stalejl.lIs Request for Additional Information (RAI # 1) Permit No. OI42538-009-JC Wiggins Pass Maintenance Dredging Page 7 of 11 CAC September 9,2010 VII-6 Staff Reports 9 of 59 · There are some figures (#2,3,4 & 11) referred to but missing in the report. Please provide the missing figures. · Comment: An updated sediment budget was developed for Wiggins Pass and adjacent shorelines. Analysis of the sediment budget and the sediment transport directions seems to indicate the inlet is being refilled after dredging from both south and north of Wiggins Pass. The report states "The erosion on Barefoot Beach is partially caused by sand lost to the inlet after dredging, but the major cause is a lack of sand bypassing." Dredging the channel (ebb shoal) does not seem to help with the long term reduction of erosion at Barefoot Beach. It appears dredging the channel is mainly to improve navigation, temporarily. · A cross-sectional profile of the rock or rubble substrate at station 1+00 is shown in Figure 13. What is the extent of this rock or rubble substrate across the stations about station 1 +OO? If the applicant or the applicant's consultant has any questions about this comment or information requested, please contact Subarna Malakar, Coastal Engineer, at 850-488-7847. DEP - Parks and Recreation staff expressed support for a maintenance dredging project for Wiggins Pass; however, they would like the applicant to consider design modifications to alleviate post-construction erosion concerns in the vicinity of R-I7 in Delnor- Wiggins Park. Please respond to the issues raised in the attached letter from DEP Parks and Recreation. b. Analysis of the compatibility of the fill material with respect to the native sediment at the placement site. The analysis should include all relevant computations, the overfill ratios, and superimposed graphs of the cumulative grain-size distribution and the frequency distribution of the fill material over the data for the existing or native sediment at the placement site. Provide computations of borrow area volume and composite fill material characteristics (mean grain size and sorting, percent carbonate content) in an electronic spreadsheet. Please update the compatibility analysis if necessary based upon the responses to item 27 above. d Analysis of how water quality and natural communities would be affected by the proposed project. Provide graphic representation (depiction) of the area of direct and secondary influence of the proposed activity and delineate the natural communities within that area. All required surveys shall be representative of conditions existing at the time of submittal. Surveys of submerged aquatic vegetation (SA V) shall be conducted in the field during the growing season for a given climatic "A1ore Protection, Less Process.. 1Vl1'W dep. statejl 1/.1' Request for Additional Information (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 8 of 11 CAC September 9, 2010 VII-6 Staff Reports 10 of 59 region such that they capture the full areal extent and biomass of the SA V community, Species composition and spatial distribution shall also be addressed by the survey. Estimate the affected acreage of each impacted community. Please respond to the issues raised in the attached letter from DEP Parks and Recreation. Water Oualitv: Some project areas are designated Outstanding Florida Waters, and will be subject to 0 NTU turbidity above background conditions at the edge of the mixing zone during all construction activities within their boundary. Post- construction turbidity and the general effect of the project on water quality within the project area is of concern to the Department for meeting the permitting and water quality standards. Can dredge and placement areas be adjusted to eliminate turbidity in OFW? Please discuss the during- and post-construction turbidity expected from the project, paying particular attention the need for a mixing zone variance in OFW. Note: If a mixing zone is proposed, provide a narrative description and graphic representation of the mixing zone. Identify any areas within the proposed mixing zone that contain significant submerged resources. Explain why the size of the proposed mixing zone is the minimum necessary to meet water quality standards and provide justification for that size. Mixinl! Zone: What will be the size of the mixing zone for this project? The generic turbidity monitoring protocol submitted suggests it may be 150 meters in diameter. The applicant must justify the size of any mixing zone citing your project specific conditions, whether or not a variance is required. Provide justification for that mixing zone size (in both the offshore and down current directions) even if it is less than the 150 meters size that the Department is authorized to issue without a variance. In your response specifically address the additional limitations on work in OFW. If you do request a mixing zone variance please address the variance application requirements of Rule 62-110. I 04 F AC . Your application should: · provide documentation as to why "There is no practicable means known or available for the adequate control of the pollution involved." · provide justification for the requested size; · demonstrate why that size is the minimum necessary to meet the turbidity standard; · list the turbidity control measures that will be used to minimize turbidity; · show the hardbottom resources that would be encompassed within the mixing zone; · provide a graphic representation of the requested mixing zone. · identify any areas within the proposed mixing zone that contain significant submerged resources. "Afore Protection Less Process.' Hl1'l1' dep.statej7.lIs Request for Additional Information (RAI # I) Permit No. OI42538-009-JC Wiggins Pass Maintenance Dredging Page 9 of II CAC September 9, 2010 VII-6 Staff Reports 11 of 59 · discuss how the elevated turbidity within the mixing zone would affect the encompassed hardbottom communities; and · include the additional variance fee e. Reasonable assurances that a regulated activity will not cause unacceptable cumulative impacts pursuant to Rules 40X-4.302(J)(b) and 62B-41.002(J9)((b), FA.C. Cumulative impact avoidance would include avoidance or minimization of sedimentation and light reduction (chronic turbidity) to seagrasses in the pass and nearshore hardbottom off the beaches, which is missing from the explanation provided in this response. This item will remain incomplete pending your response to the other items listed in this RAI. 34, Describe the location and details of the erosion, sediment and turbidity control measures to be implemented during each phase of construction and all other measures used to minimize adverse effects to water quality. Note the turbidity monitoring standards you propose may not be sufficient to meet the OFW requirements in all project areas. What level of turbidity (specify maximum and average NTU's) can be expected in each of these areas during construction? After construction? 37. A narrative description of any proposed mitigation plans, pursuant to Rule 62-345, FA. c., including purpose, a comparison between the functions of the impact site to the mitigation site, maintenance, monitoring, estimated cost, construction sequence and techniques. For proposed artificial reefs, indicate the water depth, depth of sand overlying bedrock, proposed relief and materials (type, size and shape). Please respond to the issues raised in the attached letter from DEP Parks and Recreation about down drift erosion triggers. If native dune vegetation will be planted on Delnor- Wiggins Park for erosion control, please include detailed plan view and cross-sectional drawings of the planting plan in your permit sketches. Ensure there is sufficient detail as to the size, species and distance between planting units in your drawing. Please elaborate on the irrigation details (or state on the plans there will be none) and how public access will be controlled immediately after planting. Include any replanting plan details and planting success criteria in your response. A physical monitoring plan may be required for this project. A biological monitoring plan will be required for this project (see item 28 above). Please submit drafts of both for review in your response. 39. A fee, as set forth in Rule 62B-49.006, FA.C. "A1ore Protecliol1, Less Process.' WJl'W dep.stlltej7.us Request for Additional Information (RAI # 1) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page 100fll CAC September 9.2010 VII-6 Staff Reports 12 of 59 The sum ofthe fees required by Chapters 62-4, 62B-41, and 18-21, Florida Administrative Code, has been calculated as $11,120. Please submit this amount by check made out to the Department of Environmental Protection, with the DEP File No. 142538-009-JC clearly indicated on the face of the check. A breakdown of the fees is as follows: Rule 62-4.050(4)(h)l.b. requires $9,120 for the total area of 17.7 acres of wetlands or surface waters directly affected by construction, Rule 62B-41.0085(3)(c) requires $2,000 for the 50,000 cy designated for offshore disposal. Ifa mixing zone variance is requested an additional variance application processing fee of $830 will also be required in addition to the above fees. Please note that the fee calculated above must be sent to the Department within 45 days of submittal of your response (or partial response) to this RAI, or the application shall be denied (without prejudice) according to Rule 62B-49.006, F.A.C. If you believe that there is an error in the fee calculation, please contact Bureau staff BEFORE submitting your response to this RAI. The Southwest Florida Regional Planning Council has reviewed the information contained in the application, and on local knowledge, the project has been found to be regionally significant and consistent with adopted goals, objectives, and policies of the Strategic Regional Policy Plan. They further find the construction is in order with the prior dredging of the Pass and the county will be following the proper sea turtle and shore bird protocols and working outside of the nesting season. They provide no additional comments. Please publish the enclosed Notice of Application. Pursuant to Section 403.815, Florida Statutes and Rule 62-110.106, Florida Administrative Code, you (the applicant) are required to publish at your own expense the enclosed Notice of Application. This notice shall be published one time only within 14 days, in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, Florida Statutes, in the county where the activity is to take place. The applicant shall provide proof of publication to the Department within seven (7) days of publication. If the applicant fails to provide all information required to complete the application within six (6) months after a request for additional information has been sent, the staff will close the permit application file after written notice to the applicant, except that a request for an extension of time for a period agreeable to the Department, but not to exceed one year, shall be granted upon demonstration by the applicant that the delay in completion of the application has been caused by matters beyond the control of the applicant. Application files closed under these procedures shall be closed without prejudice and a new application, accompanied by the appropriate fee, shall be required to renew the application. If the processing of the application is prolonged, or if a storm event is known to have altered the shoreline such that the staff determines that the topographic and bathymetric survey data is no "A1ore Protection. Less Process' \VH'11'. dep. statej7.lIs Request for Additional Information (RAl # I) Permit No. 0142538-009-JC Wiggins Pass Maintenance Dredging Page II of II CAC September 9,2010 VII-6 Staff Reports 13 of 59 longer adequate to complete its analysis, then an updated survey shall be required as specified in Item No. 20 above. In the event that an updated survey is required, the application shaIl be treated as an amended application. If I may be of any further assistance, please contact me at the letterhead address (add Mail Station 300), bye-mail at merrie.neel Y(([idep.state.tl.us or by telephone at (850) 413-7785. Sincerely, ~~d-- Merrie Beth Neely, Ph.D. Processor, Environmental Specialist III Bureau of Beaches and Coastal Systems EncIosure(s): Notice of Application Jeff Raley's Parks and Recreation Memo (draft version 8-25-10) 2009 Manatee Conditions for In-water work (FWC) cc: Gary McAlpin, CoIlier County Lucy Blair, DEP, South District Jeff Raley, DRP Parks SmaIl, DRP Subarna Malakar, BBCS Mike Barnett, BBCS Vladimir Kosmynin, BBCS Bob Brantly, BBCS Jenn Koch, BBCS Lainie Edwards, BBCS Vince George, BBCS Paden Woodruff, BBCS Alex Reed, BBCS Roxane Dow, BBCS JCP Compliance, BBCS Stephen Fleming USACE Marcia Cravens "A1ore Proteetiol/. Less Process.. m1'lr.dep.statej7.us CAC September 9,2010 VII-6 Staff Reports 14 of 59 <::;o~~ s;ount:y ~ ~.. - Memorandum To: Gary McAlpin, Director Coastal Zone Management Department From: Michele R. Mosca, AICP, Principal Planner Land Development Services Department, Comprehensive Planning Section Date: August 30, 2010 RE: Petition PL20100001441 (CPCD-2010-7), Comprehensive Plan Consistency Determination for Wiggins Pass Interim Maintenance Dredging, located within Section 17, Township 48 South, Range 25 East, Collier County, Florida. (Memorandum is needed to satisfy requirements of the Florida Department of Environmental Protection.) The Elements under review for this Consistency Determination are the Future Land Use Element and Conservation and Coastal Management Element of the Growth Management Plan. Below is staff's analysis. Proiect Summary: Per the submitted request, the proposed project involves maintenance dredging to widen and deepen the channel at Wiggins Pass, and the placement of dredged materials in the near-shore of Barefoot Beach. A. Consistency with the Future Land Use Element (FLUE) The proposed dredging area is located within the Conservation designated area on the countywide Future Land Use map, and within the Coastal High Hazard Area. The Future Land Use Element does not specifically address dredging. However, the proposed dredging is intended to deepen and widen the channel at Wiggins Pass to restore navigable depths. This function pertains, in part, to providing access to waterways, which is promoted and supported in certain Goals, Objectives and Policies of the Future Land Use Element (and Recreation and Open Space Element and Conservation and Coastal Management Element) of the Growth Management Plan and allowed by the Conservation designation. Therefore, the Comprehensive Planning staff is of the opinion that the proposed project does not conflict with the Goals, Objectives and Policies of the Future Land Use Element. Collier County Growth Management Division/Planning and Regulation Land Development Services Department, Comprehensive Planning Section CAC September 9. 2010 VIl-6 Staff Reports 15 of 59 B. Consistency with the Conservation and Coastal Manaaement Element. includina the Manatee Protection Plan (review completed bv Stephen Lenberaer) Policy 10.4.7 of the Conservation and Coastal Management Element of the Growth Management Plan restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974, is referred to as the Coastal Construction Setback Line (CCSL) by Collier County and will be the line for this consistency determination. Policy 10.5.9 of the Conservation and Coastal Management Element of the Growth Management Plan prohibits construction seaward of the Coastal Construction Setback Line on undeveloped shorelines except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Staff's review of the subject property finds the dredging as proposed, including the widening and deepening of the channel and placement of dredged material in the near-shore of Barefoot Beach, to be seaward of the CCSL. This would require a variance from the Board of County Commissioners (BCC) to be consistent with Policy 10.4.7 and, in turn, with the Conservation and Coastal Management Element. In November 1997 the Board of County Commissioners approved CCSL Variance No. 97-3. This maintenance dredging is consistent with that which was approved by the BCC in 1997, and is therefore consistent with the Growth Management Plan. Cc: File CPCD-2010-7 Stephen Lenberger, Senior Environmental Specialist, Stormwater and Environmental Planning 2 Community Development and Environmental Services Division Comprehensive Planning Department Delnor-Wiggins Pass State Park Memo, August 25,2010 Page 1 CAC September 9,2010 VIl-6 Staff Reports 16 of 59 Florida Department of Memorandum Environmental Protection DATE: August 25, 2010 TO: Dr. Merrie Beth Neely Bureau of Beaches & Coastal Systems Mail Stop #300 Jeff Raley ~ Bureau of Natural &JCultural Resources Mail Stop #530 FROM: SUBJECT: JCP File No, 0142538-009-JC; Wiggins Pass Interim Dredging Permit Application Florida Park Service staffs (FPS) have reviewed Collier County's application for interim maintenance dredging of Wiggins Pass, with placement of dredged sands on a portion of Barefoot Beach, The Dredge template proposed appears to be within the previously permitted template. We understand the navigation problems in the pass as well as erosion concerns at Barefoot Beach that this dredging would help alleviate. We do not oppose a project for Wiggins Pass dredging in the FalllWinter 2010/2011. However, we request that satisfactory permJt(X)~ditions are stipulated to protect the property, resources, and recreation at Delnor-Wiggins State Pal"k(DWSP). Past dredging of the proposed Wiggins Pass dredge template has contributed to periods of substantial erosion at the northwest beach area of DWSP. On the aerial photo to the right, the sketched redline shown north of R..17 indicates the approximate position of a much eroded northwest shoreline of DWSPin June 2005. This erosion followed a Wiggins Pass dredging project that was completed in the months prior. It was estimated that over 100 feet of beach width was lost just east of the dredge tempfate. Dclnor-Wiggins Pass Slate Park Memo, Augus125,2010 Page 2 The two photos below were taken from a DWSP boardwalk area in May 2005. The boardwalk serves as public access to this northwest park shoreline, and access to park facilities by visitors who enter the park along the inlet shoreline by ferry. The photos partially illustrate our concerns with the interim dredging project: loss of beach and dune habitat and visitor use a section of DWSP beach that is rich CAC September 9,2010 VII-6 Staff Reports 17 of 59 in natural resources and very popular with the public. Imperiled species such as brown pelican, piping plover, least tern, white ibis, reddish and sno~~gret, among othel'$have lost foraging and resting areas due to erosion. The Unit ManagemenfplSf'11 States: "Least tem"est.sites were last documented in 1987. If nesting colonies are observed, they are marked With and string bltttiirs to divert foot traffic. Additional concems about least tem nesting arise frottJperio sals to dredge Wiggins Pass to improve navigation. The potential impact of channel dredging to least tern nest sites and to marine turtle nesting must always be evaluated. A population of gopher tortoises exists within the be8ch dune community," The referenced least tern nesting occurred along a much wider beach (at the time) on the park's northwest corner. Gopher tortoise burrows currently exist near the boardwalk area shown here. A beach buffer should be maintained in this area to prev~nt further losses to park resources and protection of facilities and infrastructure from coastal stOl"ms. The DWSP erosionimpaCf:f~om preyious dredging events has occurred generally north of R-17, so the impact is notreadily appatemfrom the historic beach survey profiles of R-17. I have not verified if this erosion is otherwise documente<j...in pastmc:mitoring reports for this project. The project drawing by Humiston and Moore Engineers (attachment A) was used for JCP Permit No. 142538-006, This drawing shows the proximity of the permitted inlet dredge template to the northwest corner of DWSP, The persistent erosion of this corner beach area is still evident in the January 2006 aerial photo (by Collier County) that was used in the drawing, Our concerns are that another extended period of erosion may follow the interim dredge project that is proposed, The proposed dredge volume and spoil area appear are similar, It seems intuitive that some DWSP beach loss is to be expected shortly after dredging. Recent coastal modeling by Coastal Planning and Engineering'-predicts nearshore sand loss in this area and a steeper nearshore profile, one year after dredging the basic inlet template proposed again here, Design changes could help alleviate concerns. Erosion threats may be reduced if the design cut depth is maintained at -8.7 feet NAVD further west in the template. (Currently, the design cut depth transitions from -8.7 to -13.2 feet NAVD between profile lines 2 +00 and 3 +00), Delnor-Wiggins Pass State Park Memo, August 25,2010 Page 3 CAC September 9, 2010 VII-6 Staff Reports 18 of 59 Regardless of final design for this permit application, we request that future Wiggins Pass dredging permits include conditions that require mitigation--if resulting erosion reaches a trigger point or set of trigger points along the northwest shoreline of DWSP. We have discussed this concept of DWSP erosion triggers and mitigation in the permit application process for the Wiggins Pass Navigation Channel Expansion and Maintenance Dredging (permit file No. 142538-008-JC). For the interim maintenance dredging project, preferred mitigation would be a berm of sand that is compatible with the park's beach, of adequate construction to maintain the current storm protection, habitat, and recreation functions of the beach. Planting of appropriate native vegetation should be included to offset losses to erosion. Simple measurements of beach loss from the boardwalk area (shown in the photos above) should be used to establish that erosion has reached a trigger point. Currently the beach slope steepens at about 48 feet from and perpendicular to the vegetation line in this area. An agreeable trigger of depth loss could be established at this point. Attachment B indicates the proposed area for erosion monitoring and mitigation along with boundary information. Please consider these requests as you move forward in this permit process with Collier County, and do not hesitate to call to discuss further. JR 1 "Delnor-Wiggins Pass State Park Unit ManagementPlan", STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Division of Recreation and Parks Approved October 9,2009, see page 16 2 "DRAFT WIGGINS PASS, COLLIER COUNTY, FL, NUMERICAL MODELING OF WA VE PROPAGA TlON, CURRENTS AND MORPHOLOGY CHANGES PHASE II: NUMERICAL MODELING OF AL TERNA TIVES REPORT", Coastal Planning & Engineering, Inc., January 2009, see Figure 60 on page 72. Attachment A )679 St'.H~ COUIf """\.(S, '1. U" 0 'AIC (2.1') ~'.-Z02S PHONC, (219) M.-102, wW'"'." wMl.f9h'O,..4"'CHI'l"i.C1>"'" ~ III " c: :> ~ ~ ~ !!l .fl en Zl III .l!l Q. ~ .. c: 4> c: E <II .0, ~ E 0> ~ g :> ~ c -l iii ~ 0 .:. 0> 3 ::t 0 c: "E ~ a; "0 c: ~ .rl -l iii C'O "i :::J C,.) C IV 0 <II 1: 0 Q. IX) F C,.) G> a:: :> C,.) Q I I I .3 ~ <1 o ~ o ('\J ...... 00 ::J C) ::J <( a. ('\3 :E C) r:: '- r:: r:: ('\3 a: ...... () Q) .~ o L.- 0.. C) r:: .- C) "'0 Q) L.- Q)O E 00 ..cOO () ('\3 ('\30.. ...... <i~ .- C) C) ~ . . ..x: L.- ('\3 0.. Q) ...... ('\3 ...... en 00 00 ('\3 0.. 00 r:: .- C) C) ~ L.- o r:: Q) o CAC September 9.2010 VII-6 Staff Reports 21 of 59 REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. eoltr Cotmty AdmnisO"ative Services DMsion Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 10-5572 Wiggins Pass Permitting, Modeling, & Inlet Management Plan Scott D. Johnson, Purchasing Agent 239/252-8995 (Telephone) 239/252-6588 (Fax) ScottJohnson@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government Ptlrd1asing ~. 330 I r amlaml rial! Easl . Naples Florida 34112 . w\wiOOlllefgovnelJporcha!)lng G> CCNA (Revision 6/09) CAC September 9, 2010 VII-6 Staff Reports 22 of 59 Table of Contents Section Page Legal Notice....................................................................................... 3 Exhibit I: Scope of Work, Specifications and Response Format................ 4 Exhibit II: General RFP Instructions...................................................... 15 Exhibit III: Collier County Purchase Order Terms and Conditions.............. 19 Exhibit IV: Additional Terms and Conditions for RFP............................... 23 Attachment 1: Vendor Checklist.................................................. .......... 32 Attachment 2: Conflict of Interest Affidavit............................................. 33 Attachment 3: Vendor Declaration Form................................................. 34 Attachment 4: Immigration Affidavit Certification..................................... 36 Attachment 5: Insurance Requirements.................................................. 37 Attachment 6: Vendor's Non-Response Statement................................... 39 G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 2 CAC September 9,2010 VII-6 Staff Reports 23 of 59 eo'ltr Cmod;y Admnislrative Services Division Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Permitting, Modeling and Inlet Management Services will be received until 3:00 p.m., Naples local time, on September 24,2010 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, 3301 T amiami Trail East, Naples, Florida 34112. CCNA Solicitation # and Title 10-5572 Wiggins Pass Permitting, Modeling and Inlet Management The County is seeking proposals from consultant to complete the following services: · Last phase of modeling required by FDEP; · Inlet management plan; · Environmental impact survey; · Permit engineering; and · Secure the permit and prepare bidding plans and specifications. A pre-proposal conference is not applicable for this solicitation. If this pre-proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E-Procurement website: www.collieroov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: ISI Stephen Y. Carnell. C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collieroov.net/ourchasino and in the Lobby of Purchasing Building "G", Collier County Government Center on August 26, 2010. G/Current-Solicitation TemplatelRFP _ CCNA Template_0415201 0 RFP _CCNATemplate 3 CAC September 9,2010 VIl-6 Staff Reports 24 of 59 Exhibit I Scope of Work, Specifications and Response Format As requested by the Collier County Coastal Zone Management Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Brief Description of Purchase The County is seeking proposals from consultant to complete the: · Last phase of modeling required by FDEP; · Inlet management plan; · Environmental Impact survey; · Permit engineering; and · Secure the permit and prepare bidding plans and specifications. Background These services are required to complete the modeling, permitting and execution of the Wiggins Pass Navigation Project. Detailed Scope of Work The enclosed scope of work describes additional tasks necessary to complete the permitting process for a new 10 year permit for Wiggins Pass. These tasks were not included in the initial Engineering and Permitting scope of work for Wiggins Pass, since they were identified following its approval. The tasks include: Task 1. Preparation of an Inlet Management Plan (IMP) Task 2. Preparation of Environmental Impact Statement (EIS) Task 3. Modeling of Ebb Shoal Task 4. Geotechnicallnvestigation Task 5. Preparation and Attendance at Meetings Task 6. Construction Services, Plans and Specifications This work will be based on the 1995 Inlet Management Plan prepared for Collier County (County), the recently completed Joint Coastal Permit Application (February 2010), and the Wiggins Pass Modeling Report (January 2009) for Navigation Improvements and Erosion Reduction Project for Wiggins Pass, Florida. These tasks will be incorporated into the new report and EIS. G/Current-Solicitation TemplatelRFP _CCNA Template_0415201 0 RFP _CCNATemplate 4 CAC September 9,2010 VII-6 Staff Reports 25 of 59 INLET MANAGEMENT PLAN PREPARATION The Florida Department of Environmental Protection (FDEP) is requiring the preparation of a new inlet management plan as part of the permitting process as described below from Chapter 628-41 Rules and Procedures for Application of Coastal Permits. Staff believes that a significant portion of the Inlet Management Plan development and documentation has already been completed and is documented in Attachment 33A to the existing permit application. This existing information along with the items not presently addressed will need to be consolidated and compiled into the new inlet management plan. FDEP is requiring that our new Inlet Management Plan address the following items: (m) Demonstration of consistency with adopted statewide strategic management plan, an inlet management plan or a proposed draft inlet management plan in accordance with Rule 628-41.005(16). If not included in the inlet management plan the applicant will provide the following: 1. A description of the physical characteristics of the inlet; 2. A sediment budget for the inlet; 3. An analysis of the stability and hydraulic characteristics of the inlet including current velocities, tidal prism and current patterns of the flood and ebb tides; 4. A description of the wind and wave climate in the area of inlet influence; 5. A description of the sediment characteristics of the inlet and its related shoals; 6. The influence of existing manmade structures; 7. The current and historic shoreline erosion and accretion trends; 8. A statement of performance objectives and an analysis of the expected effect of proposed coastal construction on the coastal system and marine turtles within the inlet area of influence; 9. An analysis of available alternatives to the proposed coastal construction, including the no action alternative, on meeting the stated performance objective and any related effects on the coastal system or marine turtles; and 10. A demonstration of the anticipated public benefits of the coastal construction. The inlet management plan should also consider the intent in the new legislation that modifies how sediments are managed at navigation inlets, which may be directive in nature as it pertains to Wiggins Pass. Specific guidance from FDEP will be provided during the report preparation process. The new legislation changes Section 161.142 and 161.143 F.S. The completed inlet modeling report, Joint Coastal Permit (JCP) application and field data collection for Wiggins Pass improvements will provide the basis for addressing the 10 requirements listed above, and will be incorporated in the final plan. The plan will also address comments received from FDEP during their site visit on March 10, 2010 and their initial request for additional information (RAI). A committee appointed by the County will review progress of the plan preparation and their decisions will be incorporated into the plan. The initial draft plan will be submitted to the County and FDEP for their comments. The FDEP's adopted plan may differ from the County's based on the State's procedures. G/Current-Solicitation Template\RFP _ CCNA Template_0415201 0 RFP _CCNATemplate 5 CAC September 9, 2010 Vll-6 Staff Reports 26 of 59 The goals for the Wiggins Pass navigation improvement study as developed by Collier County and the Wiggins Pass Modeling Evaluation Work Group are: 1. To provide a safe channel for boating; 2. To address erosion at Barefoot Beach; 3. To lengthen the dredge cycle and accomplish it with the least effect on the environment; and 4. To provide a solution that is economically effective. TASK I-A. COASTAL ENGINEERING ANALYSIS 1. Data Collection & Review. This task was largely completed with the initial permit and modeling work, but a comprehensive search will be conducted to locate recent literature and data to supplement the previously developed history of recent natural and manmade modifications to the inlet and adjacent areas. Recent topographic and bathymetric data of the navigation channel and ebb and flood shoals will also be compiled. Potential data sources include FDEP and County beach and inlet profile surveys, high density LiDAR data, or other local entities including previous data collection and compilation by other local consultants. Available aerial photography may be utilized to provide supplemental shoreline position information. 2. Shoreline Position Maooina & Chanae Analvsis. The analysis of shoreline positions will provide the basis for assessing short-term and long-term shoreline change. The consultant will consider episodic sediment transport trends resulting from hurricanes, inlet modifications and beach nourishment. The analysis will analyze and document inlet activities that have occurred since dredging began in 1984 and evaluate if those activities may have had impacts to the inlet shoreline or adjacent areas. The consultant will use a geographic information system (GIS) approach to compile and analyze the temporal shoreline position change analyses. The GIS analysis will enable temporal and spatial comparison of FDEP historical shorelines and historical aerial photog raphy. For time periods where survey data are not available, shoreline changes will be estimated from the interpretation of aerial photographs. An effort will be made to collect photos in digital format. If only hard copies are available, they will be scanned and geo- rectified using GIS so that shorelines can be mapped. Special considerations will be given to short-term changes so natural and man-made responses are not minimized by averaging data. Inlet ebb and flood shoal configurations, channel orientation and dimensions will be illustrated with available aerial photography sets. The inlet change data will be compared to beach shoreline changes to identify correlations and shoal configurations. 3. Volumetric Chanaes and Sediment Budaet Update. A post-dredge sediment budget analysis will be used to describe the sediment transport pathways in the vicinity of Wiggins Pass and adjacent beaches. It will be compared to the sediment budget from the 1995 study. The sediment budget will be expanded beyond the 1-mi monitoring area north and south of the inlet. G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 6 CAC September 9,2010 VIl-6 Staff Reports 27 of 59 Available wind, wave, and tidal data will be reviewed. The wave climate will be assessed in the vicinity of the project to determine the representative range of incident wave angles, wave heights, and wave periods. The intent is simply to help confirm the influences of storms and of changes in inlet and nearshore morphology on the sediment transport patterns. The inlet area of influence will be defined and inlet impacts and solutions will be determined based on these zones. An odd-even analysis will be based on this defined region. 4. Development of Inlet Manaaement Alternatives. The consultant will identify and describe various non-structural alternatives to improve sediment management within Wiggins Pass. No structural alternative will be considered. The alternatives will address methods to control inlet channel migration, channel modifications, dredge management options for the navigation channel entrance, and sand distribution and bypassing to re- establish near-historic levels of sediment transport. Quantity and costs will be developed for the selected alternative that is shown to be viable. The performance of viable management options will be evaluated in Task B. Alternatives will consist of various channel dimensions, orientations, and on-and- offshore disposal plans compared to the existing conditions. TASK I-B. WAVE & CURRENT MEASUREMENTS, MODELING AND STABIL TY CURVE The consultant has previously deployed two acoustic Doppler current profilers (ADCPs) in the study area for a period of one month. The tide height, current and wave information collected from this deployment was used to calibrate the Delft-3D model determining effects such as wave damping and wave transformation as waves approach the nearshore. The results of field data collection and modeling will be described and illustrated in the plan per items 1 and 4 above. The measured wave, current and water level data will also be delivered in raw and processed (time series) formats on a CD- ROM. Survey data was collected during the wave measurement programs, and will be used to develop an updated stability curve for the inlet which will be compared to the historic curve developed in the 1995 plan. The results of the modeling (including Task IV) will be summarized and illustrated in the modeling section. TASK I-C. IMP COORDINATION AND MEETING 1. Proiect Administration. The consultant will attend meetings with FDEP, the Coastal Advisory Committee (CAC) and its Sub-committee on Wiggins Pass, and assist with formulating a plan acceptable to a broad range of local and state interests. Coordination with FDEP Bureau of Beaches and Coastal Systems (BBCS) will be maintained throughout the process in order to solicit their comments if they do not attend the meetings. It is assumed that the consultant will attend up to three (3) Committee and Sub- committee meetings of the CAC, to be held in Naples. The consultant will prepare meeting exhibits and other project documentation. The consultant will attend the G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 7 CAC September 9. 2010 Vll-6 Staff Reports 28 of 59 meetings and assist the County with communications with key stakeholders and development of the County's plan. TASK I-D. ENVIRONMENTAL EFFECTS OF PROPOSED CONSTRUCTION 1. Environmental Section. Previously obtained information will be incorporated into an environmental section describing the effects of the proposed construction on the coastal system and sea turtles. 2. Natural Resources Map. A map of natural resources in the project area compared to the project layout will be updated for inclusion in the report. TASK I-E. PREPARATION OF UPDATED INLET MANAGEMENT PLAN 1. Preparation of Draft Report. The consultant will prepare a draft IMP based on the coastal engineering analysis, updated sediment budget and numerical modeling results of management alternatives. The report will summarize the construction quantities and estimated costs as well as the impact on adjacent beaches, channel shoaling and maintenance requirements. The consultant will also summarize potential environmental issues that may affect the permitting of inlet modifications. Based on the results of the investigations, the consultant will recommend a modified inlet and beach sediment management approach. The draft of the IMP will be submitted to the County and the FDEP for review and comment. 2. Preparation of Final Report. Based on County, State, Federal and public comments, a final updated Inlet Management Plan will be prepared. Five (5) printed copies and digital CD-ROM copies of the final report will be provided to the County and FDEP. Pertinent comments provided during the permit process will be integrated into the plan. COUNTY ENVIRONMENTAL IMPACT STATEMENT According to Collier County Land Development Code (LDC) 1 0.02.02A, an Environmental Impact Statement (EIS) must be prepared in support of a Special Treatment Permit approval. Special Treatment (ST) Overlays (LDC 02.03.07) are areas within the County which, "because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historic or archeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations." Such areas include mangrove and freshwater swamps, barrier islands, hardwood hammocks, and coastal beaches, all of which fall within the Wiggins Pass project vicinity. The purpose of the ST is to assure the preservation and maintenance of these resources. An EIS provides a method to objectively evaluate the impact of a proposed project upon these resources and environmental quality of the project area. An EIS will be prepared for this project according to the requirements listed in LDC 10.02.02A. The EIS will require the preparation of special maps, ecological analysis and engineering calculations to supplement information already prepared for the JCP permit application. The EIS will incorporate the new and existing information into the County EIS format the consultant will attend up to two (2) meetings to discuss and present the result of the EIS. Staff believes that a significant portion of the Environmental Impact Statement development and documentation has already been completed and is documented in Attachment 33A to the existing permit application. This existing information along with the items not presently G/Current-Solicitation Template\RFP _CCNA Template_04152010 RFP _CCNATemplate 8 CAC September 9, 2010 VIl-6 Staff Reports 29 of 59 addressed will need to be consolidated and compiled into a report format to satisfy the needs of the County's Land Development Code. MODELING OF ADDITIONAL AL TERANTIVES This is a substantially new activity that FDEP is requesting. It has not been addressed in any of the previously modeling studies or reports and is based on guidance from Mr. Robert Brantley (FDEP) during his field visit on March 10, 2010. He is suggesting that the restoration of a fully developed ebb shoal may be required under the new Florida Statute regarding inlets, which would have to be built by direct placement of sand. There is a concern that the inlet will not perform acceptably without a fully developed ebb shoal with the initial construction. This alternative can have a significant cost for the County over the selected alternative, since it may contribute to costly and frequent dredging to implement the project. This concern can be evaluated by additional long-term model runs (8-10 years) comparing four (4) alternatives using the same matrix comparison method developed in the January 2009 modeling report. This task includes an analysis of the following: 1. The 1970's pre-dredge inlet conditions without channel; 2. 1970's pre-dredge inlet conditions with channel; 3. The selected alternative with dredging at 4-year intervals; and 4. An alternative that rebuilds the ebb shoal in one construction project. RAI #1 from FDEP mandated that all alternatives must avoid or minimize the potential for adverse impact on the coastal system. This concern will be evaluated by additional medium-term model runs (4 years) comparing three (3) requested alternatives using the same matrix comparison methods developed in the January 2009 modeling report. The alternatives include an analysis of the following: 1. Avoid dredging limestone, peat, or clay substrata; 2. Avoid deflation of the ebb shoal; and 3. Avoid loss of shorebird habitat on Wiggins Pass State Park. A tri-dimensional morphological model that is totally transparent and compatible with Delft 3D modeling programs will be used to evaluate and compare project alternatives. The model will be calibrated to measured waves, measured currents and measured inlet and beach morphological changes as determined from Wiggins Pass monitoring data and ADCP deployments. Multi-year wave climates will be schematized from Wavewatch III Hindcast Data or similar data sources. Schematized wave data will be combined with tide and wind forcings and the coupling between waves, flow, sediment transport and morphology will occur in real time, at every hydrodynamic timestep. The morphological model will include multiple sediment fractions to account for sediment heterogeneity that occurs in the project area where coarser sand are found in many sections of the navigation channel and finer sand is found on adjacent beaches. TASK IV. ADDITIONAL GEOTECHNICAL INVESTIGATION This is a substantially new activity that supplements existing geotechnical information that has already been developed as part of this permit application. G/Current-Solicitation TemplatelRFP _CCNA Template_0415201 0 RFP _CCNATemplate 9 CAC September 9,2010 VIl-6 Staff Reports 30 of 59 As part of a 2009 field investigation conducted in support of the Wiggins Pass Improvement Project, previously compiled geotechnical data as well as newly collected vibracore and jetprobe data was compiled and analyzed. The Florida Department of Environmental Protection (FDEP) requested that additional geotechnical data be collected to determine whether geology is the key factor controlling the position of the channel within Wiggins Pass. This scope of services includes the collection and analysis of these additional cores. Twelve (12) vibracores will be collected and analyzed. The 12 core locations were reviewed by FDEP (See Jenifer Koch May 25, 2010 attached E-mail and their location is provide in the attached drawing. This scope also includes the analysis of surface grab samples to characterize surficial sediment on the adjacent shoreline and shoals. This new data, along with the previously assessed data, will be used to develop a geologic description of Wiggins Pass. PHASE 1: ADMINISTRATION/ PLANNING Previously compiled geotechnical data will be re-evaluated and analyzed in a GIS (Geographical Information System) framework in order to provide background information in addition to the recent findings of the 2009 vibracore and jetprobe investigations. The information gathered during Task 1 will be used to refine the vibracore plan the consultant will coordinate with the FDEP as necessary. Prior to conducting the field operations a permit/de minimus exemption must be obtained. In order to do this, a Joint Environmental Resource Permit Application (ERP) application must be submitted to the Florida Department of Environmental Protection for review. This application requires a general project description and a map outlining the area of deployment. The Agency has ninety (90) days to review the permit application. The application is also forwarded to the Bureau of Survey and Mapping, Division of State Lands for title determination. Existing easements must be avoided during deployment or title holders must be notified of the proposed activity. The ERP application is also forwarded to the United States Army Corps of Engineers (USACE), Florida Division of Historical Resources (SHPO) and to Fish and Wildlife Services (FWS) for review and comment. The consultant will apply for the necessary permits. The consultant will complete and submit the required forms, as well as coordinate with the regulatory agencies. PHASE 2: GEOTECHNICAL SURVEY The geotechnical survey includes vibracoring to investigate potential geologic controls on the position of the Wiggins Pass channel and to better define the sediments to be dredged. Twelve (12) vibracores will be collected using the equipment and methods described below. A preliminary vibracore plan is attached. Geotechnical Survey Equipment Vibracoring A Rossfelder P3 Vibracore, or equivalent, configured to collect undisturbed sediment cores up to 20 feet in length, will be used for this project. This self-contained, freestanding electronic vibracore unit contains a vibratory hammer assembly, an aluminum beam which acts as the vertical beam upright on the seafloor, an aluminum coring pipe, and a cutting edge. If recovery is less than 80% of the expected total penetration, the sampled portion of the pipe will be removed, a new core pipe attached, G/Current-Solicitation T emplate\RFP _ CCNA T em plate _04152010 RFP _CCNATemplate 10 CAC September 9,2010 VII-6 Staff Reports 31 of 59 and a jet pump hose will be attached just below the vibracore head. After lowering the rig to the bottom and jetting to one (1) or two (2) feet above the refusal depth, the jet will be turned off and the vibrator turned on in order to attempt to collect the remaining core. At each core location a vibracore will be taken. If field measurements indicate that less than 80% recovery has been achieved, then up to two additional cores will be taken, or a hydraulic jetting technique will be used to facilitate sampling below previously retained material. In the event a jet is used, the recovery of the original vibracore and additional vibracore sections will be combined to determine total recovery. Should the above procedures not result in 80% or more recovery, then this drilling effort will be considered a completed core for purposes of payment under this contract. Geotechnical Data Analysis Sediment Sample Analysis Upon completion of field operations, all vibracores will be transported to a lab. There, the vibracores will be logged by describing sedimentary properties by layer in terms of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or shells and any other identifying features. The vibracores will be photographed in 2.0 ft intervals. Sediment samples will be extracted from the vibracores at irregular intervals based on distinct stratigraphic layers in the sediment sequence. The vibracores will then be wrapped and archived. Cores will be stored for a period of up to one (1) year. After this time, cores will either be relinquished to the client or stored for an additional annual cost of $25 per core. Mechanical Sieve Analysis The sediment samples (vibracore samples and grab samples) will be analyzed to determine color and grain size distribution. During sieve analysis, any obvious uncharacteristically large fragments (such as whole shell or large shell fragments) will be removed and the description (weight and size) of the material will be noted. The wet, dry and washed Munsell colors will be noted. Sieve analysis of the sediment samples will be performed in accordance with the American Society for Testing and Materials (ASTM) Standard Methods Designation D 422-63 for particle size analysis of soils. This method covers the quantitative determination of the distribution of sand size particles. For sediment finer than the No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation D 1140-00 will be followed. The sieve stack used for mechanical analysis will conform to the BBCS guidelines provided in Table 1. Table 1. Mesh sizes to be used for granularmetric analysis. Sieve No. 3/4 5/8 7/16 5/16 3% 4 5 7 10 Size (phi) -4.25 -4.0 -3.5 -3.0 -2.5 -2.25 -2.0 -1.5 -1.0 Size (mm) 19.00 16.00 11.20 8.00 5.60 4.75 4.00 2.80 2.00 G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 11 CAC September 9,2010 VII-6 Staff Reports 32 of 59 14 18 25 35 45 60 80 120 170 200 230 -0.5 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 3.75 4.0 1.40 1.00 0.71 0.50 0.36 0.25 0.18 0.13 0.09 0.08 0.06 Weights retained on each sieve will be recorded cumulatively. Grain size results will be entered into the gINT@ software program, which computes the mean and median grain size, sorting, silt/clay percentages for each sample using the moment method. Carbonate Testing Approximately half of the samples extracted from the vibracores will be tested for carbonate content. Carbonate content will be determined by percent weight using the acid leaching methodology described in Twenhofel, W.H. and Tyler, S.A., 1941. Methods of Study of Sediments. New York: McGraw-Hili, 183p. Samples representing material above the proposed channel cut depth will also be extracted from the cores previously collected by the consultant in 2009. These samples will also be tested for carbonate content. PHASE 3: PRODUCT AND REPORT DEVELOPMENT A final report summarizing the results of this vibracore investigation and discussing the geology of Wiggins Pass will be prepared and submitted to the FDEP and Collier County. This report will include project results, including vibracore logs, vibracore photographs, granularmetric reports and grain size distribution curves. The report will address FDEP's RAI questions from their March24, 2010 letter and the May 4, 2010 meeting. The report will also include figures showing the estimated distribution of sand, organics, clay, rock substrate and silty material suitable to address FDEP questions and develop a dredging plan. The consultant will provide geotechnical information in an electronic format suitable for input to the FDEP Reconnaissance Offshore Sand Search (ROSS) database as required by the FDEP. The data will be submitted in Access or glNT files. The Wiggins Pass Geotechnical Investigation will be conducted to the industry standard of care and will coordinate the investigations with FDEP as required. PREPARATION FOR AND ATTENDANCE AT MEETINGS There is a need to attend meetings at FDEP and meet with agency representatives including NMFS to kick off the next phase of the project and for periodic in progress review. The number of meeting will be 2 in Tallahassee, 3 in Collier County and 2 with agency. Meeting includes preparation of power point presentations G/Current-Solicitation Template\RFP _ CCNA Template_0415201 0 RFP _CCNATemplate 12 CAC September 9,2010 VII-6 Staff Reports 33 of 59 CONSTRUCTION SERVICES: Development of the plans and specification along with the preparation of bidding documents is required as part of this submittal. In addition, pre and post-construction surveys along with a post-construction report including certification will be required. Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 8/26/10 Mandatory or Non-mandatoryPre-Solicitation MeetinQ N/A Last Date for Receipt of Written Questions 9/17/10, 12:00 Noon, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- 9/21/10 Proposal Conference Solicitation Closing Date and Time 9/24/10,3:00pm, Naples Local Time Evaluation of Submittals TBD Vendor Presentations TBD Completion of Contract Neaotiations TBD Board of County Commissioner's Contract Approval Date TBD Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. G/Current-Solicitation TemplatelRFP _CCNA Template_0415201 0 RFP _CCNATemplate 13 CAC September 9, 2010 VII-6 Staff Reports 34 of 59 The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1) Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2) Tab II, Business Plan 15 points In this tab, include: Description of the proposed contract team and the role to be played by each member of the proposed team. · Detailed plan of approach (including major tasks and sub-tasks). · Detailed time line for completion of the project. · Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3) Tab III, Experience and Capacity of Firm 40 points Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. List Current Projects in the Format Identified Below Project Description Start Date End Date Original Budget Final Project Cost Number of Change Orders 4) Tab IV, Specialized Expertise of Team Members 40 points Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 14 CAC September 9, 2010 Vll-6 Staff Reports 35 of 59 The same should be done for any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 5) Tab V, Customer and Reference Listing 5 points Provide a listing of previous customers who during the past three years of work demonstrate experience of similar size and scope to the scope described in this RFP. Collier County may select one or more contact names to serve as a reference for this scope of work. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: · Client name, address and current email address and telephone number. · Description of services provided. · Time period of the project or contract; briefly describe if project met or exceeded the schedule outlined · Client's contact reference name, email and current telephone number. · Dollar value of project; briefly describe if the completed project met, or came under budget. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. 6) Tab VI, Acceptance of Conditions 0 points Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7) Tab VII, Required Form Submittals 0 points · Attachment 1: Vendor Checklist · Attachment 2: Conflict of Interest Affidavit · Attachment 3: Vendor Declaration Form' · Attachment 4: Immigration Certifications · Attachment 5: Insurance Requirements · Other: License, certifications, informational materials, etc. G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 15 CAC September 9,2010 VII-6 Staff Reports 36 of 59 Exhibit II General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.collierqov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Purchasing Agent noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. G/Current-Solicitation TemplatelRFP _CCNATemplate_0415201 0 RFP _CCNATemplate 16 CAC September 9,2010 VIl-6 Staff Reports 37 of 59 6. Delivery of Proposals All proposals are to be delivered before 3:00, Naples local time, on or before 9/24/10 to: Collier County Board of County Commissioners Purchasing Department 3301 Tamiami Trail East, Bldg. "G" Naples, Florida 34112 Attn: Scott D. Johnson Purchasing Agent The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: · The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. · The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) DaDer cODies with one CODY clearly labeled "Master," and seven (7) comDact disks (CD's) with one CODY of the DroDosal on each CD in Word. Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 17 CAC September 9,2010 VII-6 Staff Reports 38 of 59 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. 8. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 9. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references to obtain, without limitation, ratings for the following performance indicators: · On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm's performance? · What specifically did you like about their approach? · What do you believe were shortcomings or that they could have done better? · Did they meet your schedule requirements? · How were their communications? Were you always kept in the loop? · How responsive were they in addressing problems with the project? G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 18 CAC September 9,2010 VII-6 Staff Reports 39 of 59 · How was the quality/experience/personality of their personnel? (Specifically the project manager?) · Would you use this firm again? · Additional comments A uniform sample of references will be checked for each Vendor. Vendors will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Business Plan Experience and Capacity of the Firm Specialized Expertise of Team Members Customer and Reference Listing TOTAL 15 pts 40 pts 40 pts 5 pts 100 pts Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Vendor, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. G/Current-Solicitation Template\RFP _CCNA Template_04152010 RFP _CCNATemplate 19 CAC September 9,2010 VII-6 Staff Reports 40 of 59 Exhibit III Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 20 the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. CAC September 9, 2010 VIl-6 Staff Reports 41 of 59 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). G/Current-Solicitation Template\RFP _CCNA Template_04152010 RFP _CCNATemplate 21 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be 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 awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in CAC September 9, 2010 VII-6 Staff Reports 42 of 59 performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall G/Current-Solicitation T emplate\RF P _ CCNA T em plate _ 04152010 RFP _CCNATemplate 22 be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. CAC September 9, 2010 VII-6 Staff Reports 43 of 59 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and lor conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. G/Current-Solicitation Template\RFP _CCNA Template_04152010 RFP _CCNATemplate 23 CAC September 9,2010 VII-6 Staff Reports 44 of 59 Exhibit IV Additional Terms and Conditions for RFP 1. Contract Term The contract term, if an award(s) is/are made is intended to be current needs only. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 2. Insurance and Bonding Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor's sole responsibility. G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 24 CAC September 9.2010 VIl-6 Staff Reports 45 of 59 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 3. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 4. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 6. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 25 CAC September 9,2010 VIl-6 Staff Reports 46 of 59 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 8. Work Orders Subject to Best Value Offer on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the periOd specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order and with a maximum yearly contract amount of $750,000 per firm. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order shall be active and extended as necessary until completion of such project. 9. Site Inspection If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County project manager to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer with sign-off by the County project manager; this documentation shall be submitted with the proposal. The proposal will be deemed non-responsive if the site visit documentation is not presented to the County in the proposer's submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 10. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: · Purchase Order Number G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 26 CAC September 9,2010 VIl-6 Staff Reports 47 of 59 · Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Attn: Accounts Payable Building F, th Floor 3301 Tamiami Trail E Naples FL 34112 Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: · Traditional- payment by check, wire transfer or other cash equivalent. · Standard - payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 11. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 27 CAC September 9.2010 VII-6 Staff Reports 48 of 59 for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 12. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non- responsive. A Vendor, with an office within Collier County is also required to have an occupational license. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431,252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 13. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 14. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this G/Current-Solicitation Template\RFP _CCNATemplate_04152010 RFP _CCNATemplate 28 CAC September 9,2010 VIl-6 Staff Reports 49 of 59 Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closinQ to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.oro/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 18. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non- responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 19. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11 :00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 29 CAC September 9, 2010 VII-6 Staff Reports 50 of 59 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 20. Public Entity Crime 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 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. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The E-Verify program, operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction. Exceptions to the program: · Commodity based procurement where no services are provided. · In exceptional cases, the Purchasing Department may waive the requirement. Vendors are required to enroll in the E- Verify program within thirty (30) calendar days of contract award, and use E- Verify within thirty (30) calendar days thereafter to verify employment eligibility of their G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 30 CAC September 9. 2010 VII-6 Staff Reports 51 of 59 employees assigned to the contract at the time of enrollment in E- Verify. Additionally, vendors shall require all subcontracted vendors to flow down the requirement to use E- Verify to subcontractors. If the vendor is already enrolled in E-Verify, they must use E-Verify within thirty (30) calendar days of contract award to verify employment eligibility of their employees assigned to the contract Following this initial period they must initiate verification of all new hires of the Vendor and of all employees newly assigned to the contract within three (3) business days of their date of hire or date of assignment to the contract. Vendors shall be required to provide the Collier County Purchasing Department an executed affidavit vowing they shall comply with the E-Verify Program for each service/project. The affidavit is attached to the solicitation documents. If the bidderNendor does not comply, they may be deemed non-responsive. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.Qov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, that any firm(s) receiving an award shall be 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 sea. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. G/Current-Solicitation Template\RFP _CCNATemplate_04152010 RFP _CCNATemplate 31 CAC September 9,2010 VIl-6 Staff Reports 52 of 59 Attachment 1 Collier County Board of County Commissioners Purchasing Department Vendor Check List THIS SHEET MUST BE SIGNED IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: D The Proposal has been signed. D All applicable forms have been signed and included, along with licenses to complete the requirements of the project. D Any addenda have been signed and included. D The mailing envelope has been addressed to: Collier County Board of County Commissioners Purchasing Department, Building "G" 3301 Tamiami Trail, East Naples, Florida 34112 Attn:Scott Johnson, Purchasing Agent CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management Plan D The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. D The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date G/Current-Solicitation Template\RFP _CCNA Template_04152010 RFP _CCNATemplate 32 CAC September 9, 2010 VII-6 Staff Reports 53 of 59 Attachment 2 Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this by day of , 20 , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 33 CAC September 9. 2010 VII-6 Staff Reports 54 of 59 Attachment 3 Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _ day of 200_ in the County of , in the State of Firm's Legal Name: Address: City, State. Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone: FAX: Check on of the following: 0 Sole Proprietorship o Limited Partnership o Corporation or P. A. State of o General Partnership Signature by: (Typed and written) Title: G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 34 CAC September 9, 2010 VII-6 Staff Reports 55 of 59 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 35 CAC September 9,2010 VII-6 Staff Reports 56 of 59 Co~ County ~ Adninistrative Services I'JMsion Purthasing Attachment 4 Immigration Affidavit Certification CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Sid (ITS's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (UlNA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name Print Name Signature Title Date State of County of The foregoing instrument was signed and acknowledged before me this by day of ,20_, (Print or Type Name) who has produced as identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. G/Current-Solicitation Template\RFP _CCNA Template_0415201 0 RFP _CCNATemplate 36 Insurance I Bond Type 1. ~ Worker's Compensation 2. ~ Employer's Liability 3. ~ Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. ~ Indemnification 4. ~ Automobile Liability CAC September 9,2010 VII-6 Staff Reports 57 of 59 Attachment 5 Collier County Florida Insurance and Bonding Requirements Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements $500,000 single limit per occurrence Bodily Injury and Property Damage $1,000,000 single limit per occurrence To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, 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 the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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. This section does not pertain to any incident arising from the sole negligence of Collier County. $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ~ Other insurance as 0 Watercraft noted: $ Per Occurrence ~ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence o Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence o Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. o Pollution $ $ Per Occurrence Per Occurrence o Professional Liability $ · $ 500,000 each claim and in the aggregate · $1,000,000 each claim and in the aggregate · $2,000,000 each claim and in the aggregate Per Occurrence o Project Professional Liability $ Per Occurrence G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 37 CAC September 9,2010 VII-6 Staff Reports 58 of 59 D Valuable Papers Insurance $ Per Occurrence 6. D Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as uA_u or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 7. D Performance and Payment Bonds 8. [8J Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. [8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. [8J The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Airport Authority or Collier MPO). 11. [8J Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 38 CAC September 9,2010 VII-6 Staff Reports 59 of 59 Attachment 6 Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to CCNA Solicitation # and Title 10-5572 Wiggines Pass Permitting, Modeling and Inlet Management for the following reason(s): D Services requested not available through our company. D Our firm could not meet specifications/scope of work. D Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) D Project is too small. D Insufficient time allowed for preparation of response. D Incorrect address used. Please correct mailing address: D Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date G/Current-Solicitation Template\RFP _CCNATemplate_0415201 0 RFP _CCNATemplate 39 CAC September 9, 2010 VIII-1 New Business 1 of 5 Fund 195 - Beaches/Inlets Revenue Vs. Expense Analysis Coastal Zone Management Department 2009 2010 Two Year Avg Annual Revenue From TOC $4,355,000 $4,194,531 $4,274,766 less Major Renourishment Reserves ($2,OOO,OOO/yr.) ($2,000,000) ($2,000,000) ($2,000,000) less Emergency Reserves ($500,OOO/yr) ($500,000) ($500,000) ($500,000) less Tax Collector Fee (2.5%) ($108,875) ($104,863) ($106,869) less Revenue Reserve (5%) ($217,750) ($209,727) ($213,738) Revenue Remaining $1,528,375 $1,379,941 $1,454,158 Expenses Regulatory and Permit Compliance $703,159 $442,100 $572,630 Beach/Pier Maintenance and Cleaning $285,000 $340,850 $312,925 Admistrative Fee's $500,000 $511,100 $505,550 Indirect Administrative costs - County $0 $117,700 $58,850 Sub-total Expenses $1,488,159 $1,411,750 $1,449,955 Revenue Remaining without any Inlet or Marco Projects $40,216 -$31,809 $4,204 Authorized Projects less Major County Beach Renourish Wiggins Pass Master Plan Permit/Engr $160,717 Clam Pass Ebb Shoal Modeling $125,000 Marco Beach Breakwater/Renourish Study $100,000 Hideaway Beach Erosion Control Structures $1,600,000 Sand Source permitting - Cape Romano $50,000 Marco Breakwater and Doctors Jetty Rebuild $700,000 Naples Drainage Study $50,000 Park Shore Emergency Dredge Engineering $40,000 Emergcy Truck Haul - Park Shore/Doctors Pass $1,500,000 Wiggins Pass Intermediate Dredge Engineering $20,000 Wiggins Pass Inlet Management Plan and EIS $125,178 Wiggins Pass Intermediate Dredging $750,000 Clam Pass Water Quality Modeling $50,000 FYl2/13 Marco Beach/B'water Analysis/Design $150,000 Sub-total Authorized Projects $2,785,717 $2,635,178 $2,710,448 Revenue Remaining with Authorized Projects -$2,745,501 -$2,666,987 -$2,706,244 Notes: 1. If major renourishment is needed sooner that 10 year cycle, Reserve funds are inadequate. 2. An 8 year cycle appears nore realistic based on corrent experience that 10 year cycle. 3. Funds from TOC are inadequate to run the program and accomplish any inlet or marco projects. 4. State and Federal funding is unreliable and harder to obtain and cannot be counted on. Marco Island and ENCP Expense Analysis 2008 2009 2010 $676,816 East Naples Community Park Soccer Field East Naples Community Park Fencing Eagle lakes Soccer Field Resod Gulf Coast Community Park lighting Eagle lakes Community Park lighting East Naples Community Park Hurricane Shutters Total $20,000 $25,000 $123,450 $276,076 $74,640 $0 $20,000 $1,175,982 CAe September 9, 2010 VIII-1 New Business 2 of 5 Total $676,816 $20,000 $25,000 $123,450 $276,076 $74,640 $1,195,982 o (; N <II . <II Ol Ql ... c: Ql .- .Q<II E&l .l!! ~ c'Ql ~Z <..>~IO ~~O <">>M c o '.j:j a. .>: u '" QJ o '" QJ \J '5 o ~ ~ ~ a. o := '0 E .,g o u ~ '" ~ ~ o ~ 0.0- c.2- 'Qj ~ .0 QJ '" \J 1: QJ ~ ~ I1l QJ a.Qj o ~ ..... QJ ~ ~ o I1l .>: >- a. QJ \J-.5 c c I1l QJ 'O..c o := ..c c u QJ '" ~ Qi3:!~ 4= ..c ~ I1l U 0 C ~ := ~ .$: E \J 0.0 0 ..c c ~ u E ~ ~ E 0 .$: I1l QJ bD60~ .!: 0 '" E c. t: E ro ~ ~ 5 ~ 0.0 ._ e rtl '.j:j a. QJ C rob:J c: QJ c: o ~ 0 ';:i V') 'Vi I1l QJ '5 QJ \J ~ ~ '5 QJ u 0 a. QJ ~ :J a:: c.. 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I1l .r; C u 0 I1l 'So QJ QJ co a:: I1l C t~ ~ tl.O ._ :J I- Vl CAC September 9, 2010 VIII-1 New Business 4 of 5 FY09/10 - 195 Fund Budget and Analysis FY 08/09 Carry Forward $15,116,844 Projected FY06/07 Revenue Additional FEMAlFDEP Revenue 07/08 $136,000 Fund 194 Transfer $0 Tourist Tax Revenue for Beaches $4,355,000 Revenue $4,491,000 Projected Expenses FY07/08 FY07/08 Request 1. Regulatory and Permit Compliance Sea Turtle Protection Program $162,959 Beach Tilling $40,000 Clam Pass Inlet Monitoring $0 Doctors Pass Inlet Monitoring $22,700 Caxambas Pass Inlet Monitoring $0 Wiggins Pass Inlet Monitoring $22,500 County Wide Beach Monitoring $125,000 Hideaway Beach Groin/Physical Monitor $30,000 Marco South Beach Monitoring $25,000 Biological Hardbottom Monitoring $275,000 Sub-Total $703,159 2. Planned Projects/Future Projects Wiggins Pass Master Plan PermitlEngr $160,717 Clam Pass Ebb Shoal Modeling $125,000 County Beach Redesign and Study - Fay $150,000 Marco Beach Breakwater/Renourish Study $100,000 Hideaway Beach Erosion Control Structures $1,600,000 Sand Source permitting - Cape Romano $50,000 Marco Breakwater and Doctors Jetty Rebuild $700,000 Naples Drainage Study $50,000 Sub-Total $2,935,717 3. Beach Maintenance Collier County/Marco Island $135,000 City of Naples $75,000 Vegetation Repairs/Exotic Removal $75.000 Naples Pier and Dock Maintenance $55,000 Sub-Total $285,000 4. Administration Fee's Fund 195 Administration $500,000 Tax Collector Fee's (2.5%) $108,900 Sub-Total $608,900 5. Other Expenses Renourishment and Emergency Reserves $12,000,000 Revenue Reserve (5%) $217,800 Category D Pier Reserve $79,000 Sub-Total $12,296,800 Total Expenses $16,829,576 $16,829,576 Fund Balance Total $2,778,268 CAC September 9,2010 VIII-1 New Business 5 of 5 FY10/11 -195 Fund Budget and Analysis FY 09/10 Carry Forward $12,466,500 Projected FY10/11 Revenue Revenue - FDEP Cost Share Contract Revenue - FEMA Reimbursement PW 1609 -TS Gabrielle (Net and Estimated) PW 2700 - Hurricanes Katrina and Wilma (Net and Estimated) Fund 194 Transfer Tourist Tax Revenue for Beaches/Inlets Tilling and Cleaning Revenue $50,000 $0 $2,842,000 $0 $4,194,531 $1,500 Revenue $7,088,031 Projected Expenses 1. Projects NOT Funded - Required FY 09/10 Doctors Pass Jetty Rebuild ($700K-FY09/10) Park Shore Emergency Dredge Engineering Emergcy Truck Haul - Park Shore/Doctors Pass Wiggins Pass Intermediate Dredge Engineering Wiggins Pass Inlet Management Plan and EIS Unencumber Biological Monitoring Funds Unencumber Hideaway Funds FY 09/10 Request FY10/11 Request $0 $40,000 $1,500,000 $20,000 $125,178 -$175,000 -$400,000 Sub-Total $1,110,178 2. Regulatory and Permit Compliance - FY 10/11 Sea Turtle Protection Program Beach Tilling Physical Beach Monitoring - Entire County Biological Monitoring $164,600 $17,500 $260,000 $0 Sub-Total $442,100 3. Planned Projects/Future Projects - FY 10/11 Wiggins Pass Intermediate Dredging $750,000 Clam Pass Water Quality Modeling $50,000 FY12/13 County Beach Analysis and Design $300,000 FY12/13 Marco Beach/B'water Analysis/Design $150,000 Sub-Total $1,250,000 4. Beach Maintenance - FY 10/11 Collier County/Marco Island $135,000 City of Naples $75,850 Vegetation Repairs/Exotic Removal $75,000 Naples Pier and Dock Maintenance $55,000 Sub-Total $340,850 5. Administration Fee's - FY 10/11 Fund 195 Administration $511,100 Indirect Administrative Costs $117,700 Tax Collector Fee's (2.5%) $104,863 Sub-Total $733,663 6. Other Expenses - FY10/11 Renourishment and Emergency Reserves $13,500,000 Revenue Reserve (5%) $209,700 Category D Pier Reserve $79,000 Sub-Total $13,788,700 Total Expenses $17,665,491 $17,665,491 Fund Balance Total $1,889,040 CAC September 9, 2010 VIII-3 New Business 1 of 8 Summary of Preliminary Findings on Sediment Studies Purpose of Sediment Studies A previous study by PBS&J (2009) determined that existing water quality data within the Clam Bay system (Upper, Inner and Outer Clam Bay) indicated that portions of the Clam Bay system would likely be classified as "impaired" for water quality ifthe data collected in Clam Bay were placed into STORET (as is required by Florida Statute) and subsequently analyzed by the Florida Department of Environmental Protection (FDEP). This finding was mostly based on the finding that levels of dissolved oxygen (DO) were frequently below standards described in FDEP's Impaired Waters Rule. Additionally, portions of Clam Bay have occasionally exceeded threshold values of chlorophyll-a (an indicator of phytoplankton abundance) established in the IWR. However, environmental conditions in Southwest Florida are such that "impairment" is often found in reference sites away from human influences (e.g., McCormick et al. 1997) and PBS&J (2009) recommended that Collier County work with FDEP to develop site-specific alternative criteria for DO and chlorophyll-a, rather than simply adopt what could be inappropriate water quality standards. Development of a SSAC for DO, and possibly for chlorophyll-a as well, would allow Collier County to respond to actual water quality problems, without diluting its efforts by pursuing fixes to "impairments" as directed by FDEP. This project update summarizes the preliminary results received to-date (August 20 I 0) related to the assessment of sediments within Outer Clam Bay, and gives some background information related to the justification of concerns about the ecological health of Clam Bay. Background Literature on Clam Bay In Clam Bay, prior assessments of its ecological health have often portrayed the system as having potentially serious problems, despite its designation as a Natural Resources Protection Area. An early study from the US Environmental Protection Agency (EP A 1977) determined that while water quality did not appear to be problematic in Clam Bay, there was a reduced diversity of invertebrates in areas (usually in deeper depths) with more fine-grained sediments. Further, this study suggested that current velocities in excess of Yz knot would keep such fine- grained sediments in suspension. In a 1987 study, staff from Collier County's Department of Natural Resources Management described Clam Bay as a ".. . stressed bay in a developed area in North Naples surrounded by small single family residences. This bay has received freshwater input from a drainage canal for twenty years and more recently, has been surrounded by a huge PUDIDRI named Pelican Bay." In that study (Collier County 1987), the authors concluded that the sediment-dwelling organisms within Clam Bay were dominated by organisms that are".. . often characteristic of stressful conditions." The authors listed a number of possible factors that could have caused such conditions, such as: 1) reduced flushing of Clam Bay via Clam Pass, 2) sedimentation processes due to waves and/or currents within Clam Bay, 3) natural biological processes such as predation and/or competition, and 4) pollution and/or alteration of freshwater inflows due to development CAC September 9,2010 VIII-3 New Business 2 of 8 of the watershed. In the 1997 Annual Report for the Clam Bay Natural Resource Protection Area, the following conclusions were reached: 1. Nitrogen and phosphorus concentrations in the storm water treatment ponds throughout watershed had increased over time 2. Nitrogen and phosphorus concentrations within the estuarine waters of the Clam Bay system had increased over time 3. There were indications that stormwater discharges were".. .causing the estuarine conditions to rise." 4. Mean DO levels in Clam Bay often fell below IWR guidance 5. Levels of cadmium, chromium, copper, lead and zinc exceeded natural levels at an existing outfall location in Upper Clam Bay, and 6. While levels of arsenic, cadmium, chromium and copper were elevated at some locations, these stations were located close to bridges using pressure treated wood, and that the use of piling sleeves of some sort could".. .keep these contaminants from leaching from pilings in the future." In an assessment of the health of mangroves in the Clam Bay estuary, Worley (2005) noted that "Recent large-scale die-offs of black mangroves indicate that the impacts of intense development over the past three decades have influenced the demise of portions, ifnot all, of formerly pristine mangrove forests." Further, it was noted that the increased water levels and extended hydroperiods that contributed to extensive mangrove die-off were likely from storm water runoff that would be expected to be ". ..higher in nutrients and pesticides (among other features) due to landscaping and golf course maintenance practices." And in the general biological survey of Clam and Moorings Bay conducted by PBS&J (2009) it was found that the Redox layer, an indicator of how deep into the sediments oxygen can penetrate, was quite shallow in most of Clam Bay. The predominance of fine-grained sediments in Clam Bay had previously been noted by Collier County (1987) and the potential for such sediments to be influenced by flushing rates within Clam Bay, and to have detrimental impacts on benthic invertebrates, was previously noted by the US EP A (1977). Based on these results, as well as the results of the seagrass mapping and pollutant loading model developed by PBS&J (2008) Collier County proceeded with additional sediment characterization efforts in Clam Bay. Recent Findings Based on recommendations outlined in the PBS&J (2009) report, Collier County pursued a series of additional assessments focused on sediments within Clam Bay. These studies included an assessment of the physical and chemical characteristics of sediments throughout the Clam Bay system (including organic content, carbonate content), an assessment of levels of toxins throughout the bay, and an assessment of the relative rate of accumulation of sediments throughout the bay. At this time (September 1, 2010) the physical and chemical characteristics 2 CAC September 9, 2010 VIII-3 New Business 3 of 8 assessments are complete, and preliminary findings on the relative rate of accumulation of sediments have been communicated to PBS&J from researchers at Louisiana State University. Sampling site locations for the sediment characterization (organic and carbonate contents, toxin levels) efforts are shown Figure 1. Figure 1 - Station locations for sediment physical and chemical characterization efforts. Stations 1, 2, and 3 are located within dead-end canals in the Seagate neighborhood. Station 11 is located within the channel that connects Clam Bay and Moorings Bay. Stations 4 through 9 are located throughout the open waters of Outer Clam Bay (as is a vibracore [Le., a deeper core] station). Station 12 is located in Inner Clam Bay. Station 13 is in Upper Clam Bay, and Station 10 is located in the channel between Upper and Inner Clam Bay. Table 1 summarizes the grain size, organic content, and carbonate content from cores taken in these locations. 3 CAC September 9,2010 VIII-3 New Business 4 of 8 Table 1 - Sediment characteristics from the Clam Bay system (see Figure 1 and text for station locations) l\'lean l\'ledian Organic Sample (10m) (mID) Fine{H) Carbq/o 0/0 CP-l 0,41 0.17 22,4 18.8 13,7 CP-2 0.18 0.16 5.6 4.9 3,4 CP-3 0,15 0,17 12.7 14.2 10.2 CP-4 0.19 0.14 18.9 9,2 4'" .' i CP-5 0.19 0.15 15.1 8.4 4.1 CP-6 0.17 0.15 9.8 5.5 3.0 CP-7 0.17 0.14 13.5 7,4 4.3 CP-8 0.18 0.14 14.1 8.8 4.4 CP-9 0.16 0.14 8.9 5.6 3.4 CP-I0 0,18 0.15 5,5 4,8 3.2 CP-l1 0.17 0.15 6.3 3.8 1.9 CP-12 0.15 0.14 6.3 4.4 2,9 CP-13 0.18 0,15 8.7 7.3 4.2 Median and mean grain sizes differed substantially at some locations. Areas with the greatest difference between mean and median values (stations 1 and 3) were also the two areas with the highest carbonate content. This suggests that mean values were skewed to some degree by the influence of shells and other carbonate materials; their affect on means would be greater than on medians, as median values reduce the impact of statistical outliers. In general, the highest percentages of fine grained sediments are found in the stations located within the Seagate canals, as well as the stations located in the central region of Outer Clam Bay. Stations located in the southern edge of Clam Bay (stations 6 and 9) and within the channel between Clam Bay and Moorings Bay had lower percentages of fine grained sediments. An exception to this pattern is station 2, which was located within a canal, but had the second lowest percentage of fine grained sediments of any locations sampled. Percent organic contents were considerably higher in two of the three canal locations (the exception being site 2). The lowest organic content was from the station located in the channel between Clam and Moorings Bays. Organic contents at stations in the open water areas of Outer Clam Bay (stations 4 through 7) ranged between 3.0 and 4.7 percent. Stations north of Clam Pass (stations 10, 12 and 13) had organic contents that ranged from 2.9 to 4.2 percent, within the range of values from Outer Clam Bay, but lower than two of the three canal sites, and higher than the channel between Clam Bay and Moorings Bay. In addition to basic sediment characteristics, a more detailed assessment of metals contamination was undertaken at a sub-set of stations throughout the Clam Bay system. Values (mg / kg) are 4 CAe September 9, 2010 VIII-3 New Business 5 of 8 shown in Table 2, along with an assessment of whether or not levels met two threshold criteria, two Soil Cleanup Target thresholds, and two Environment Impact Limits. Table 2 - Metals contents from various sites in the Clam Bay system. Barium 22 1.8 2.7 2 120 130,000 n/a n/a 0.07 Be Hum 0.13 0.064 0.18 0.056 I 120 1,400 n/a n/a Cadmium 0.08 82 1.700 0.68 4.21 0.18 0.072 U 0.047 7 Chromium 210 470 52.3 160 10.1 5.3 7.1 41 5.7 Copper /50 89, 000 18.7 108 7.7 2.4 4.2 22 098 Lead 400 1,400 30.2 112 3.1 0.98 U 0.67 0.69 Mercury 0.00 3 17 0./3 0.7 0.035 0.016 0.017 0.012 6 Nickel 340 35,000 15.9 42.8 1.9 0.82 1.1 0.8 0.94 Selenium 440 11,000 n/a n/a 0.86 0.42 U U 0.53 Silver 410 8,200 0.73 1.77 U U U U U *contaminant is not a health concern for this scenario U = Undetected at MDL Metals levels were assessed at Stations 2,6, 8, 12 and 13. These stations represent sites within the Seagate Canal (2), Outer Clam Bay (6 and 8), Inner Clam Bay (12) and Upper Clam Bay (13). The only station to have a metals content that would suggest problematic levels was from the Seagate Canal (station 2) for arsenic. At all other locations, no metals levels appeared high enough to be of much concern, at this time at least. The final sediment-related study involved an assessment of the relative rate of sediment accumulation, which is not fully complete at this time, and which was conducted by faculty and staff of the Louisiana State University. Researchers from LSU were chosen due to their prior experience doing similar studies in Charlotte Harbor (Turner et aI. 2006). Sampling locations for this study are shown in Figure 2. 5 CAe September 9,2010 VIII-3 New Business 6 of 8 Figure 2 - Station locations for sediment accumulation rate efforts. Using techniques similar to those used in Charlotte Harbor (Turner et al. 2006), the relative rate of sediment accumulation over time was assessed at these locations. While final results are not yet available, the researchers involved in this effort have informed PBS&J that levels of organics at most sites were not high enough to allow for the use of the two dating techniques utilized (Gene Turner, personal communication). As such, it is not likely that sedimentation rates can be calculated for Outer Clam Bay. While sediment accumulation rates within Outer Clam Bay could be such that perhaps several feet have accumulated in the past few decades, it is equally possible that sediment accumulation rates have not exceeded an entirely natural rate. Overall Conclusions In general, sediments throughout most of Outer Clam Bay do not appear to have organic contents much in excess of sediments in Inner and Upper Clam Bays. Canals within Seagate mostly have higher organic contents, however. The relatively low levels of organic contents suggest that Outer Clam Bay does not appear to be exhibiting symptoms of excessive nutrient enrichment, from its highly developed watershed. If Outer Clam Bay received significant nutrient loading, with a concurrent long residence time, phytoplankton and/or macroalgal blooms would be expected to enrich the bottom sediments with significant quantities of organic material; that does not appear to be occurring. The lack of evidence for excessive nutrient enrichment of the bottom sediments may be due, perhaps, to the significant stormwater treatment system of the Pelican Bay development, as noted in PBS&J (2008). Additionally, the net movement of water between Clam Bay and Moorings Bay appears to be southward - untreated storm water runoff from Moorings Bay neighborhoods does not appear to have a large impact on Clam Bay. However, it 6 CAC September 9, 2010 VIII-3 New Business 7 of 8 does appear that Outer Clam Bay is a "sink" of sorts for fine-grained sediments, perhaps due to the reduced velocities in this system. Levels of metals in Clam Bay sediments did not exceed threshold levels except for a site within the Seagate canals; this elevated level of arsenic could in fact be due to the use of pressure- treated wood for docks in that canal. Results from these efforts do support prior conclusions that Outer Clam Bay's sediments being mostly a mixture of fine-grained sediments, rather than sand. These fine grained sediments in Clam Bay have been postulated to be potentially related to reduced velocities within Clam Bay (US EP A 1977, Collier County 1987). Areas of Clam Bay with fine-grained sediments had been previously shown to have lowered diversity of benthic invertebrates (Collier County 1987). Regardless of the importance (or lack thereof) of sediment-related issues in Clam Bay, Collier County should continue to collect water quality and biological data within the bay, and to work with FDEP to develop locally-appropriate and protective water quality criteria for the Clam Bay system, as it is likely that water quality data will continue to show "violations" of existing criteria for various water quality parameters, most likely due to the inappropriateness of many standards for Southwest Florida (i.e., McCormick et al. 1997). 7 CAC September 9,2010 VIII-3 New Business 8 of 8 References Clam Bay Natural Resource Protection Area. 1997. Annual Report. 17 pp. Collier County. 1987. Preliminary Analyses of Seagrass and Benthic Infauna in Johnson and Clam Bays. Collier County. Florida. Department of Natural Resources Management. Collier County, Florida. 29 pp. McCormick, P.Y., Chimney, MJ. and D.R. Swift. 1997. Diel oxygen profiles and water column community metabolism in the Florida Everglades, U.S.A. Archives die Hyrobiologie. 140: 117- 129. PBSJ. 2008. Clam Bay Seagrass Assessment. Submitted to Collier County Coastal Zone Management Department. 44 pp. PBS&J. 2009. Clam Bay System Data Collection and Analysis. Report for Collier County Coastal Zone Management Department. 89 pp. Turner, R.E., N.N. Rabalais, B. Fry, C.S. Milan, N. Atilla, J.M. Lee, C. Normandeau, T.A. Oswald, E.M. Swenson, and D.A. Tomasko. 2006. Paleo-indicators and water quality change in the Charlotte Harbor estuary (Florida). Limnology and Oceanography 51: 518-533. U.S. EPA 1977. Field Studies - Park shore and Clam Bay Systems Naples. Florida. Report from US EPA Region IV, Surveillance and Analysis Division. Atlanta, GA. 57 pp. Worley, K. 2005. Mangroves as an indicator of estuarine conditions in restoration areas. Pp. 247-260. In: (S. Bortone, ed.). Estuarine Indicators. CRC Press. Boca Raton, FL. 8 CAC September 9, 2010 IX-1 Old Business 1 of 1 Peer Review Discussion The CAC approved at the August 2010 meeting a modified approach to peer review on the Clam Bay project that it believed needed to be approve by the BCC. It directed staff to: . Continue with the Peer Review with the Pelican Bay Services Division for the PBS&J October 2009 report. . Move forward with the Pelican Bay Foundation in a collaborative manner with their consultants on the Modeling and Management Plan for this estuary. . Internally adjust previously approved expenditures to allow County consultants to participate in the discussions with the PB Foundation. . And, seek BCC approval for these changes. In consultation with County management on this issue, it was determined that: 1. Staff has the ability to move funds internally within a project as long as the intent remains the same and total authorized expenditure is not exceeded. As a result, a board action is not required here. 2. Peer review is still being performed on this project and the intent of the peer review as presented and directed by the BCC is still being met. In addition, the peer review process is being strengthened because a collaborative approach with the PB Foundation adds more technical expertise and review of the process. So, no additional board action is required here. This item is being brought up for review and discussion because the exact direction as directed by the CAC has not been followed to date. Although no additional board action is necessary, If the CAC feels strongly that it would prefer BCC action, staff will be happy to present it to the BCC.